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Division of Juvenile Justice Farrell Remedial Plans and L.H. Class Action Lawsuit
Legislative BriefingFebruary 2009
Division of Juvenile Justice Farrell Remedial Plans and L.H. Class Action Lawsuit
Legislative BriefingFebruary 2009
I. EXECUTIVE SUMMARY 1 II. DJJ YOUTH POPULATION OVERVIEW 3 III. REMEDIAL PLANS 5 a. Current Farrell Compliance Progress: Cumulative Audit Results
(As of December 1, 2008) 6 b. Current Farrell Compliance Progress: Remedial Plan Audit Results
(As of December 1, 2008) 7 IV. REMEDIAL PLAN TRAINING 9 a. Foundation Skills Training 9 b. Assessments, Interventions, and Case Management Training 11 V. EDUCATION SERVICES REMEDIAL PLAN 15 a. Program Service Day 15 b. Attendance 15 c. Accreditation 16 d. Distance Learning/Vocational Education 16 e. Standardization of Academic Calendar and Class Schedule 16 f. Special Education 16 VI. SEXUAL BEHAVIOR TREATMENT REMEDIAL PLAN 17 a. SBTP Living Unit Size 17 b. Training 17 c. Staffing 18 d. Programmatic Issues (Policy, Automation, Curriculum) 18
VII. WARDS WITH DISABILITIES REMEDIAL PLAN 19
VIII. HEALTH CARE SERVICES REMEDIAL PLAN 21 a. Compliance with Remedial Plan Mandates 21 b. Policy Development 21 c. Health Care Services Staff Training 22
T A B L E O F C O N T E N T S
d. Meeting Staffing Requirements 22 e. Addendum Health Care Policies Completed for Health Care
Services Remedial Plan 23 IX. SAFETY AND WELFARE REMEDIAL PLAN 25 a. Disciplinary Decision Making System (DDMS) 25 b. Grievance System 26 c. Reduce Violence and Fear 26 d. System Reform for Females 26 e. Time Add Tracking 27 f. Use of Force Policy 27 g. Risk Needs Assessment 27 h. Miscellaneous 27
X. MENTAL HEALTH REMEDIAL PLAN 29 a. Suicide Prevention Assessment and Response (SPAR) 29 b. Policy and Training 29 c. Staffing and Salaries 30 d. Program Development and Audits 30 e. Miscellaneous 30
XI. PERFORMANCE-BASED STANDARDS (PbS): CRITICAL OUTCOME MEASURES 31
a. Youth and Staff Safety 31 b. Order 32 c. Security 33 d. Health 33
XII. DJJ FISCAL OUTLINE 35 a. Fiscal Reduction – Removing Unnecessary or Duplicative Costs 35 XIII. L.H. CLASS ACTION LAWSUIT 36
1DJJ Legislative Briefing - February 2009
Executive SummaryThe Division of Juvenile Justice (DJJ), formerly known as the California Youth Authority, has been making significant improvements in its delivery of services and treatment since 2004. Many of those improvements are the result of efforts to comply with remedial plans approved by the courts in a settlement of a lawsuit, Farrell v Cate, formerly known as Farrell v Harper. This lawsuit, originally filed by the Prison Law Office in Alameda County Superior Court, alleged unacceptable conditions of youth confinement.
The remedial plans are intended to correct those deficiencies in six areas, including education, sexual behavior treatment, health care, safety and welfare, youths with disabilities, and mental health. They form the foundation for reforming California’s approach toward educating and treating youths to give them the tools they need to create a constructive life, preventing the recidivism that otherwise could extend into their adult years.
More important, by 2005, the DJJ made a commitment to go beyond correcting the problems identified by court-appointed experts. It initiated a critical transformation in how the needs of youth are identified and how treatment programs to meet those needs are delivered. As a result, youths are formally assessed using state of the art evaluation tools when they arrive at the DJJ. Subsequently, youths are grouped and housed according to their specific treatment needs. Other factors that affect the grouping and housing of youths include their tendency toward violent behavior and risk of recidivism.
The use of a scientific, rehabilitative model has become more critical in light of significant changes to DJJ’s population, the result of historic policy mandates from the Legislature and the courts. From approximately 10,000 youths a decade ago, DJJ’s population is expected to be approximately 1,600 by mid-2009, as most youth that would have been in its custody are now directed to county programs, enabling direct access and closer proximity to their homes, families, social programs and services, and other support systems.
Although DJJ’s population has declined, the need for more specialized treatment services and programs has now become more prominent as DJJ’s role and mission have changed. Those youth now directed to the DJJ have a history of the most serious and violent felonies and have the most intransigent and serious problems associated with substance abuse and mental instability. Although they represent only about one percent of 225,000 youth arrests each year, their treatment needs are severe and cannot be adequately addressed by the counties.
The intensity of the DJJ’s treatment services results in costs and staffing that are much different from adult correctional institutions. Nonetheless, the DJJ is increasing the amount and quality of the treatment it delivers, while simultaneously addressing concerns about cost. Programs and facilities
2 DJJ Legislative Briefing - February 2009
are being evaluated in order to deliver treatment in the most cost-effective manner possible.
In addition to its remedial plans, the DJJ also is committed to significantly reforming its procedures for parole revocation, in keeping with the L.H. v Schwarzenegger Class Action Lawsuit to protect the due process rights of parole violators.
Despite the significant shift in its programs and the dramatic change in its population, the DJJ has made considerable and measurable progress in meeting the needs of the population entrusted to its care as well as the commitments made to the court. The following pages document the DJJ’s progress as it administers the most profound reforms of California’s juvenile justice system in decades.
Among its most notable accomplishments:
• TheDJJisinsubstantialcompliancewith66
percentofthenearly7,000actionitemscalledforin
thesixFarrellremedialplans,essentiallymeaningit
hassuccessfullycompletedthosepolicyandprogramchangesaccordingtoauditsconducted
bycourt-appointedexperts.ThoseexpertshavealsofoundtheDJJinpartialcompliancewith
another10percentoftherequiredactionsforatotalcomplianceof76percent.
• DJJfacilitiesaremoresafeandsecure,lessviolent,andmoreorderlysincetheremedialplan
changeswereputintoeffect.Asoneexample,therateofassaultsonyouthper100person-
daysofconfinementatfourofitssixfacilitiesisbelowthenationalaverage.
• EveryyouthcurrentlyinDJJfacilitieshashadtheireducationalandtreatmentneedsassessed,
whichhasresultedinasignificantimprovementinthedeliveryofservicestoeachofthem.
Ofthemanyimprovedoutcomesachieved,therewasa300percentincreaseinthenumberof
youthswhohaveattainedaGEDanda27percentincreaseinthenumberofyouthswhohave
receivedahighschooldiplomaoverthelastthreeyears.
• TheDJJhascompletednearlyalloftheproceduralchangesoveritsparolerevocationpractices
requiredbytheL.H. v Schwarzenegger ClassActionLawsuitandfullyimplementedthecourt’s
orderinFebruary2009.
3DJJ Legislative Briefing - February 2009
DJJ Youth Population OverviewHistoric policy changes from the California Legislature (SB 81 and AB 191, Statutes of 2007) and the courts (Farrell v Cate) have significantly changed the mission of the DJJ and types of youth entrusted to its care. From approximately 10,000 youths a decade ago, the DJJ’s population is now approximately 1,700 and projected to decrease to about 1,600 by mid-2009; since most youths are now directed to county programs, enabling direct access and closer proximity to their homes, families, social programs and services, and other support systems.
The DJJ’s population decline began in the mid to late 1990s due to fiscal reasons. Counties received increased federal funding to build additional treatment facilities and the fees they paid to house youths in DJJ facilities were changed to encourage more local commitments.
In addition, changes prompted by SB 81, AB 191 and the courts created a new relationship between the counties and the DJJ, which ultimately established a new role for each. As the vast majority of youths are now directed to county programs, DJJ’s population is comprised of those youths with the most violent backgrounds and serious treatment needs that cannot be adequately addressed locally. These youths represent only about one percent of 225,000 youth arrests each year.
As a direct result of these changes:
• 95percentofnewDJJcommitmentshaveahistoryofseriousandviolentcrimes
• Californiaisoneofonlyfourstatesthatretainyouthstotheageof25.Consequently,the
averageageofDJJyouthsis19andone-halfyearsold,comparedtoundertheageof18
nationally.
• Theaverageparole
periodforDJJyouthsis
40months,compared
toanationalaverage
ofninemonths,
anotherreflectionof
theseriousnessoftheir
crimesandspecialized
treatmentneeds.
4 DJJ Legislative Briefing - February 2009
C o m m it m en t O ffen ses o f F i r s t A d m i ssi o n s t o D J J
( P er c en t o f A d m is si o n s )
1 9 5 9 - 2 0 0 8
0 %
1 0 %
2 0 %
3 0 %
4 0 %
5 0 %
6 0 %
7 0 %
8 0 %
V io le n t ( in c l R a p e )
P r o p e r t y
D r u g
O t h e r ( in c l S e x O f f e n s e s )
Year
95 percent of new DJJ commitments have a history of serious and violent crimes while those who have been adjudicated of less serious drug and property crimes have been diverted to county facilities.
Other characteristics of DJJ population:
The majority of youths housed by the DJJ have an exceptional need for treatment services:
• 41%areinneedofmentalhealthservices
• 58%areinneedofsubstanceabusetreatmentservices
• 22%areinneedofsexualbehaviortreatmentservices
• 28%enrolledinschoolarereceivingspecialeducationservices
C o m m it m en t O ffen ses o f F i r s t A d m i ssi o n s t o D J J
( P er c en t o f A d m is si o n s )
1 9 5 9 - 2 0 0 8
0 %
1 0 %
2 0 %
3 0 %
4 0 %
5 0 %
6 0 %
7 0 %
8 0 %
V io le n t ( in c l R a p e )
P r o p e r t y
D r u g
O t h e r ( in c l S e x O f f e n s e s )
Year
80%
70%
60%
50%
40%
30%
20%
10%
0%
5DJJ Legislative Briefing - February 2009
Remedial PlansIn 2003, the Division of Juvenile Justice (DJJ), then known as the California Youth Authority, was the subject of a lawsuit, Farrell v Cate, formerly known as Farrell v Harper, brought by the Prison Law Office in Alameda County Superior Court, alleging unacceptable conditions of youth confinement.
By 2004, the DJJ agreed to a series of remedial plans to correct those deficiencies. More important, by 2005, the DJJ made a commitment to go beyond correcting problems identified by the experts. It initiated a critical transformation that would emphasize an evidence-based rehabilitative treatment model. Over the next 18 months, the remedial plans were revised. Six different plans were adopted in collaboration with court-appointed experts in each program area and each plan was developed on its own unique timeline.
1.ConsentDecreefiledwiththecourt-11/19/2004
2.EducationServicesRemedialPlanfiledwiththecourt-03/01/2005
3.SexualBehaviorTreatmentPlanfiledwiththecourt-05/16/2005
4.WardswithDisabilitiesRemedialPlanfiledwiththecourt-05/31/2005
5.HealthCareServicesRemedialPlanfiledwiththecourt-06/07/2006
6. Beginning of FY 2006/07, funding to implement plans is provided for the first time - 07/01/2006
7.SafetyandWelfareRemedialPlanfiledwiththecourt-07/10/2006
8.MentalHealthRemedialPlanfiledwiththecourt-08/25/2006
Administering all of the plans require significant changes in the majority of programs and policies. Each plan is audited by court-appointed experts. The audits have found the DJJ in substantial compliance with—essentially completing—66 percent of those requirements. Steady progress, measured as partial compliance, was documented in another 10 percent of the plans’ requirements for a total compliance of 76 percent.
In previous evaluations, the court criticized the DJJ for its failure to meet many of the deadlines in the plans. In December 2008, however, the court and the parties of the lawsuit agreed that a comprehensive look at all of DJJ’s reform efforts should be the barometer in measuring compliance rather than a strict review of the deadlines incorporated into the remedial plans.
That decision acknowledged that many of the initial deadlines were unrealistic, and had been
6 DJJ Legislative Briefing - February 2009
adopted before most people knew the effort that would be required in order to meet those deadlines. The court also acknowledged that many of DJJ’s reforms were valuable to improve rehabilitation and treatment but were not covered by the deadlines. In the December review, the court, the plaintiffs and DJJ agreed to 18 new revised deadlines between May 2008 and December 2010 that do not compromise the goals of the plans or reduce the DJJ’s obligations to reform its treatment system.
C urrent F arrell C omplianc e P rogres s
C umulative A udit R es ults As of Dec ember 1, 2008
Current Farrell Compliance Progress Cumulative Audit ResultsAs of December 1, 2008
7DJJ Legislative Briefing - February 2009
C urrent F arrell C omplianc e P rogres s
R emedial P lan A udit R es ults As of Dec ember 1, 2008
Current Farrell Compliance Progress Remedial Plan Audit ResultsAs of December 1, 2008
9DJJ Legislative Briefing - February 2009
Remedial Plan TrainingThe remedial plans provide the structure for the DJJ to achieve two major outcomes: (1) safe and secure facilities for staff and youth, and (2) the provision of effective rehabilitative services to reduce victimization and recidivism. Staff training plays a large role in accomplishing these outcomes. Training has focused on the following areas: foundational skills, policy and procedural changes to support reforms, and assessments, interventions and case management enhancements.
Completed: •ImplementedaDJJ-wideprocessforschedulingRemedialPlantraining
• Statewidetrainingon13policiesincluding:YouthSexualMisconduct;Wardswith
Disabilities;RestrictedProgram;YouthwithDisabilitiesEmergencyAnnouncement
Protocol;ConfidentialYouthVisitation;ConfidentialTelephoneAccesstoYouth;Youth
RequestforConfidentialTelephoneCalls;YouthGrievance;StaffMisconductComplaint;
FacilitiesRevocationExtensionHearings;andExitInterviewProcess
In Progress:
Foundation Skills Training
The foundations skills being provided to all direct care staff in DJJ facilities include Safe Crisis Management; Youth with Mental Disorders/Understanding and Preventing Suicide; Crisis Intervention/Conflict Resolution; Group Facilitation Skills; and Motivational Interviewing. These training courses provide staff with a common understanding and the skills necessary to create a safe environment.
• SafeCrisisManagement(SCM)
The focus of this training is to prevent incidents and reduce use of force through the use of positive behavioral interventions. It is a proactive approach and provides staff with an understanding of individual crisis behavior and the dynamics of escalation. The training includes proven de-escalation techniques that are applicable to a wide range of settings and situations and post intervention strategies that debrief, resolve, record, and restore individuals, their peers and their environment.
• TrainingstartedonApril27,2007
• 424stafftrained
• 24stafftrainedtoserveastrainers
• 81staffreceivedmanagementoverviewonSafeCrisisManagement
10 DJJ Legislative Briefing - February 2009
• YouthwithMentalDisorders/UnderstandingandPreventingSuicide
This training is presented by Dr. Lisa Boesky, Clinical Psychologist and national expert specializing in the identification, management, and treatment of juvenile offenders with mental health disorders, including those who are suicidal or who self-injure. The training focuses on making complex clinical information practical and “user-friendly” so staff will be better able to identify and manage youths who are suicidal, including those suffering from one or more mental health disorders. The training covers a variety of topics focused on teaching staff to effectively intervene before a youth becomes suicidal and to use effective strategies if a youth is already thinking about taking their own life.
• TrainingstartedonOctober30,2007
• 511stafftrained
• CrisisIntervention/ConflictResolution
This training is practical and corrections-specific, designed to provide staff with the skills necessary to deal effectively with conflict and crisis situations encountered in day-to-day activities. The range of problems addressed is diverse: violent or potentially violent disputes between youths; verbal conflicts which, if not resolved, may escalate to serious violence; confrontations between youths and staff; and personal crises of individual youths, including dealing with acutely disturbed or suicidal youths.
• TrainingstartedonSeptember21,2007
• 321stafftrained
• 24stafftrainedtoserveastrainers
• GroupFacilitationSkills
This training is designed to provide staff with the skills necessary for the delivery and facilitation of treatment/rehabilitative groups with youths. The overall goals for the training are to: provide staff information and knowledge to deliver groups more effectively, provide staff with the opportunity to develop enhanced facilitation skills, and to increase staff confidence in facilitating groups through structured practice. Staff are provided information on the evaluation and management of group dynamics and the building of group cohesion. Individual responsiveness within the group environment is emphasized.
• TrainingstartedonDecember17,2008
• 30stafftrainedtoserveastrainers
11DJJ Legislative Briefing - February 2009
• MotivationalInterviewing(MI)
This training is an evidence-based approach for eliciting behavior change. The specific strategies of motivational interviewing are designed to elicit, clarify, and resolve ambivalence. This training teaches staff to use a communication style designed to reduce resistance and “denial” by eliciting and selectively reinforcing the youth’s own self motivational statements, expressions of problem recognition, concern, desire, intention and ability to change. The MI approach can be used in a variety of daily interactions. It is built on the philosophy that a youth’s lack of progress and/or commitment to change is a reflection of the style and techniques of staff, and that staff can use a variety of MI techniques to engage youths and influence their progress and commitment to change.
• TrainingstartedonDecember7,2007
• 723stafftrained
• 160staffreceivedmanagementoverviewonMotivationalInterviewing
Assessments,Interventions,andCaseManagementTraining
The assessments, interventions, and case management training courses provide staff with the necessary skills and training to implement evidence-based practices and processes known as “what works” in corrections to reduce recidivism. These training courses include Cognitive Behavior Primer, Effective Casework I and II, Aggression Replacement Training, Counterpoint, Controlling Anger and Learning to Manage it, Pathways to Self Discovery and Change, Strategies for Self Improvement and Change, Girls Moving On, and Transitions. In addition, there is training provided on specific assessments, such as the J-SORRAT and Static-99, required as a result of recent law change, to assess sex offender risk, and the J-SOAP-II, which will be used as a treatment and case planning assessment for youths involved in sex offender programs.
• CognitiveBehaviorPrimer
Many of the evidence-based interventions use a cognitive behavioral approach, based on the theory that emotions, behaviors and thoughts interrelate. Cognitive behavioral techniques aim to help youths become aware of thought distortions and behavioral patterns which support those distortions in order to correct them. Interventions focus on challenging and correcting criminal thinking to alter the emotions and modify the criminal behavior. This training introduces staff to cognitive behavioral techniques to be used with and by youths to intervene in criminal behavior or the offense cycle. The primer provides skills that staff can use to coach youths on a one-to-one or group basis.
12 DJJ Legislative Briefing - February 2009
• TrainingstartedonFebruary25,2008
• 41stafftrained
• 16stafftrainedtoserveastrainers
• EffectiveCaseworkI(RiskNeedsAssessment)
The California Youth Assessment Screening Instrument (CA-YASI) is the risk/needs assessment that was customized for the DJJ population. This training is designed to provide case managers with an understanding of the Principles of Effective Intervention, along with the skills to complete initial and ongoing assessments of youths. This training provides information on the relationship between risk and criminogenic needs, protective factors, how strengths and skills relate to the risk of re-offending, and teaches staff how to apply motivational interviewing techniques in the assessment process.
• TrainingstartedonMay12,2008
• 182stafftrained
• 7stafftrainedtoserveastrainers
• 140staffreceivedamanagementoverviewoftheRiskNeedsAssessmentProcess
• EffectiveCaseworkII(CasePlanning)
This training follows the Effective Casework I (Risk Needs Assessment) training. Once case managers are trained to conduct the CA-YASI, this training provides them with the knowledge and skills necessary to use the assessment information as well as motivational interviewing techniques to develop a case plan with youths, which builds on strengths and is designed to reduce the risk of re-offense and increase skills.
• TrainingstartedonSeptember4,2008
• 74stafftrained
• 6stafftrainedtoserveastrainers
• AggressionReplacementTraining(ART)(YouthIntervention)
This intervention program is a multi-modal intervention designed to alter the behavior of chronically aggressive youths. The goal of this training is to improve social skill competence, anger control, and moral reasoning. It incorporates three specific interventions: skill-streaming, anger-control training, and moral reasoning. Skill-streaming uses modeling, role-playing, performance feedback, and transfer training to teach pro-social skills. Training in moral reasoning is designed to enhance youths’ sense of fairness and justice regarding the needs and rights of others and to train youths to imagine
13DJJ Legislative Briefing - February 2009
the perspectives of others when they confront various moral problem situations.
• TrainingstartedonOctober17,2007
• 139stafftrained
• 167staffreceivedmanagementoverviewonRiskNeedsAssessment
• Counterpoint(Intervention)
This training is a cognitive behavioral intervention aimed at addressing anti-social attitudes and negative peer influences, which are major contributors to the risk of re-offense. This training provides staff with the knowledge necessary to the deliver the intervention, which focuses on providing youths with a variety of skills to help address the inconsistencies in their thinking and behavior. Youths learn to develop self-monitoring and regulation skills and increase their ability to understand the perspectives of others.
• TrainingscheduledforMarch23-27,2009
• ControllingAngerandLearningtoManage(CALM)
This training is a cognitive behavioral intervention aimed at developing anger and emotion management skills for youths age 18 and over.
• PathwaystoSelfDiscoveryandChange
The “Pathways” program is the juvenile version of the “Strategies” program and provides cognitive behavioral substance abuse treatment for youths below the age of 18. This program is uniquely designed to interest and engage high-risk youths in a thoughtful array of cognitive-behavioral restructuring exercises that are geared to promote fulfilling and responsible life choices.
• StrategiesforSelfImprovementandChange
This is a cognitive behavioral treatment for youths age 18 and over to address risks/needs relating to substance abuse. This program addresses the link between substance use and criminal behavior.
Pathways to Self Discovery and Change and Strategies for Self Improvement and Change are two training courses that identify psychological, biological, and social factors that contribute to the onset of adolescent deviance, including substance abuse, delinquency, and crime. Causal models for these problem behaviors are described, followed by a review of assessment and treatment protocols widely used in contemporary practice. Guidelines are provided for delivery of the 32-session treatment curriculum, specifically designed for adolescents who manifest co-existing juvenile justice and substance abuse problems. These
14 DJJ Legislative Briefing - February 2009
training courses focus on how effective adolescent treatment derives from integration of evidence-based strategies, including: motivational enhancement; stages of change; gender and diversity proficiency; cognitive-behavioral skill development; relapse and recidivism prevention; differential assessment; and individualized treatment planning.
• GirlsMovingOn(Intervention)
This training is a cognitive behavioral intervention that is geared specifically to the responsiveness issues that are relevant to girls and young women. It focuses on the unique needs of young women in the criminal justice system, including relationships, emotions, and personal histories.
• TrainingheldonFebruary2-5,2009atVenturaYouthCorrectionalFacility
• 19stafftrainedtoserveastrainers
15DJJ Legislative Briefing - February 2009
Education Services Remedial Plan
GOAL:The goal of the Education Services Remedial Plan is to provide Division of Juvenile Justice (DJJ) youths with access to a comprehensive high school education that includes core high school academic curriculum, vocational certifications, and opportunities to attend college.
ProgramServiceDay
A critical component of DJJ’s efforts to improve the delivery of education and treatment services is Program Service Day. It structures school activities and classroom sessions, individual and group counseling, case conferences, and other events throughout an entire day. It is intended to minimize scheduling conflicts while ensuring that youths receive treatment and rehabilitation services without compromising classroom time and also ensuring that youths are constructively active during most of their waking hours from 6 a.m. to 10 p.m. A successful pilot project at the Preston Youth Correctional Facility is expected to be expanded to other DJJ facilities by March 2009.
Other accomplishments of the Education Services Remedial Plan include:
Attendance
Completed:
• Granted205Diplomas,182GEDs,477VocationalCertifications,andenrolled478youths
incollegecoursesinFY2007/08;nearlya100%increasefromFY2005/06(161Diplomas,
118GEDs,278VocationalCertifications,and160incollege),despiteanoverall
populationdecrease
• UpdatedtheSchool-WideAttendanceTracking(SWAT)systeminWardInformation
Network(WIN)totrackyouthattendanceandabsencesandanalyzethebarriersforschool
attendance(December2008)
• Increasedschoolattendanceby5%fromOctober2007toOctober2008
In Progress:
• Increasingtheschoolattendanceratethroughcooperationamongtreatmentteams,
medicalservices,mentalhealth,educationandsecuritystaff
• Hiringasubstituteteacherpool
16 DJJ Legislative Briefing - February 2009
Accreditation
Completed:
• AllDJJschoolshaveachievedandmaintainedWesternAccreditationofSchoolsand
Colleges(WASC)accreditationascomprehensivehighschools(July2006)
• DevelopedacomprehensivehighschoolcorecurriculumthatmeetstheContentStandards
forCaliforniaPublicSchoolsadoptedbytheStateBoardofEducation(July2006)
DistanceLearning/VocationalEducation
Completed:
• InitiatedvocationalopportunitiesviaDistanceLearningatO.H.CloseYouthCorrectional
Facility(OHC)andSouthernYouthCorrectionalReceptionCenterandClinic(SYCRCC)
(October2008)
• VirtualFieldTripsarebeingheldinclassesstatewide(November2008)
In Progress:
• Increasingvocationalopportunitiesforyouths;suchasanewFreeVentureProgram
enterpriseatHemanG.StarkYouthCorrectionalFacilitywithRamponeIndustries
(December2008)
StandardizationofAcademicCalendarandClassSchedule
Completed:
• StandardizedtheAcademicCalendar;includinga220-dayschoolyearthatincludestwo
semesters,a30-daysummersession,and10StaffDevelopmentdays(August 2006)
SpecialEducation
Completed:
• Specialeducationtimelinesmetatallschools(April2008)
• Specialeducationconsiderationofstudents’needsforrelatedservicesdocumentedinthe
IndividualizedEducationPlan(IEP)minutes(April2008)
In Progress:
• TrainingspecialeducationstaffonassessmentsatallDJJschools(Ongoing)
17DJJ Legislative Briefing - February 2009
Sexual Behavior Treatment Remedial Plan
GOAL:The goal of the Sexual Behavior Treatment Program (SBTP) Remedial Plan is to improve the delivery of research-based treatment to youths in DJJ facilities who have exhibited sexually abusive behavior.
SBTPLivingUnitSize
Completed:
• DoubledthenumberofresidentialSBTPunits(2006=4units;2008=8units)
• ReducedthepopulationineachSBTPlivingunit(2006=50-60;2008=36)
• IncreasedresidentialSBTPtreatmentbedsbyapproximately40%(2006=210;2008 = 288)
The total number of residential SBTP units and treatment beds were increased to allow for more SBTP treatment services to sexually abusive youth, yet maintain smaller populations in each unit. Consequently, the population in each SBTP living unit was reduced to allow for an increase in the staff to youth ratio; thereby enabling more intensive SBTP treatment services for sexually abusive youth.
Training
Completed:
• TrainingofferedbytheCaliforniaCoalitiononSexualOffending(CCOSO)
(May 9-11, 2007)
• 60staffattended
• TrainingofferedbytheAssociationoftheTreatmentofSexualAbusers(ATSA)
(October29-30,2007)
• 60staffattended
• TrainingofferedbytheCCOSO(May14-16,2008)
• 55staffattended
• TrainingonthethreeriskscreeningtoolstheDJJisusing(J-SOAP-II,J-SORRAT-IIand
Static99)(July2007andMay2008)
• 30staffattended
18 DJJ Legislative Briefing - February 2009
Staffing
Completed:
• SevenresidentialSBTPsarefullystaffedwithpsychologists(December2008)
In Progress:
• CompletinghiringofpsychologistsfortheeighthSBTP
ProgrammaticIssues(Policy,Automation,Curriculum)
Completed:
• HealthyLivingcurriculumhasbeenwrittenandpiloted(November2007)
In Progress:
• Dr.B.Schwartz(SBTPExpert)assistingtheDJJinwritingtheSBTPPolicyandProgram
Guide
• TheSBTPTaskForcemembersbeingassignedchapterstowriteaspartofthenewSBTP
curriculum
• NewSBTPWardInformationNetwork(WIN)pagesreadytobedeployedinearly2009to
trackprogressinprogramanduseofriskscreeningtools
19DJJ Legislative Briefing - February 2009
Wards with Disabilities Program Remedial Plan
GOAL:The goal of the Wards with Disabilities Program (WDP) Remedial Plan is to ensure equal opportunity and full participation in all services, programs, and activities for those youths identified with disabilities. All youths under the jurisdiction of the DJJ shall be given equal access to all services, programs, and activities offered by the Division in the least restrictive environment, with or without reasonable accommodation.
Completed:
• RenovatedoneroomateachDJJfacilitytoensureaccessiblehousingforyouthswith
disabilitiesandonefullyaccessibleshowerand/orlavatoryareaincloseproximitytothe
renovatedrooms(March2008)
• Procuredtwowheelchairaccessiblevanstotransportyouthswithdisabilities(March2008)
• Implementedasystemthatelectronicallydocumentsthementalandphysicalimpairment
ofyouthswithdisabilitiesaswellasanyreasonableaccommodation(s)thatayouthmay
require(June2008)
• Contractsaremaintainedtoprovidebothsignlanguageandforeignlanguage
interpretation(Currentcontractterm:07/01/2008–06/30/2010)
• Listsoftrainedstaffassistantsaremaintainedandupdatedregularlyasareasonable
accommodationtoensureeffectivecommunication(Ongoing)
• ConductedannualDisabilityAwarenessTrainingtoallstaff(Ongoing)
In Progress:
• EstablishingthescopeofaserviceandexpensecontracttoreviewtheDisabilityAwareness
Traininglessonplaninanefforttoimproveitsaccuracyandcompleteness
• Ongoingeffortstoassisteducationstafftoreachsubstantialcompliancewithrequirements
oftheWDPRemedialPlan
• UndertakingtheWDPRemedialPlanrequirementthatweconductastudyregardingthe
needforaresidentialprogramforthedevelopmentallydisabled
• Developingastandardorientationforallyouthsuponarrivalthataddressesequalaccess
• Developingtrainingforallstaffoneffectivecommunication
21DJJ Legislative Briefing - February 2009
Health Care Services Remedial Plan
GOAL:The goal of the Health Care Services Remedial Plan is improved accessibility to health care services, enhanced quality of health care, and continuity of health care services for youths under the custody of the DJJ. The plan is comprised of 20 different health care categories such as: leadership, budget, and staffing; pharmacy services; chronic disease management; nursing sick call; preventive services; and peer review, etc.
CompliancewithRemedialPlanMandates
Completed:
• Firstroundofexpertauditsyieldedacumulativescoreforsubstantialcomplianceforall
DJJfacilitiescombinedat71%witharangefromalowof61%toahighof80%
(June2008)
• Establishedaquarterlystatewidemeetingforallhealthcaremanagementstaff(Ongoing)
In Progress:
• Secondroundofauditshavebegunandthefirstauditedfacility(PrestonYouth
CorrectionalFacility)scored85%
PolicyDevelopment
Completed:
• Developed31standardizedhealthcarepolicies(seeattached)
• DevelopedCorrectiveActionPlans(CAP)torespondtothecourt-appointedexpertaudit
findingsfromfirstroundaudits(October2007)
• EstablishedQualityManagementCommitteesatallDJJfacilities(January2008)
In Progress:
• Developinghealthcarepoliciescoveringvisionandhearingcare,immunizations(DJJ
healthcarecurrentlyprovidesallUnitedStatesCentersforDiseaseControlrecommended
immunizationswhileawaitingformalapprovalofthepolicy),anddisastermanagement
• RevisingOutpatientHousingUnitPolicy
• DevelopingmedicalrecordspoliciesandproceduresandapolicytorevisetheUnified
HealthRecordformat
22 DJJ Legislative Briefing - February 2009
HealthCareServicesStaffTraining
Completed:
• DevelopedaNursingSkillsandCompetencyTestingandTrainingPlan(January2008)
• Trainedallstaffinthe31healthcareservicespolicies(April2008)
• Conductedtworoundsofpeerreviews.TheDJJHealthCareDirectoralsoconductedtwo
roundsofpeerreviews(December2008).
In Progress:
• Conducting40-hourNursingPhysicalAssessment,NursingProcess,andDocumentation
CourseforallDJJnursesbyMarch2009
MeetingStaffingRequirements
Completed:
• Hiredpractitioners,physiciansandnursepractitionerswhoareboard-certifiedoreligible
toworkinaprimarycarefacility(January2008)
• Hiredheadquartersmanagementstaff(May2008)
• Hiredapproximately50nursestofillpositionscreatedbytheHealthCareServices
RemedialPlanaswellasvacanciescreatedwhennurseslefttheDJJ(Ongoing)
In Progress:
• FillingDirectorofNursingpositionwhichwasvacatedinAugust2008
23DJJ Legislative Briefing - February 2009
Addendum Health Care Policies Completed for the Health Care Services Remedial PlanThe following 31 standardized health care policies were distributed to all DJJ facilities in October 2007:
• MedicalReception−TemporaryDepartmentalOrder(TDO)#06-55
• ReceivingHealthScreening−TDO#06-68
• Non-emergentHealthCare−TDO#06-49
• DentalCare−TDO#06-62
• OutpatientHousingUnit−TDO#06-51
• FirstAid−TDO#06-45
• PrenatalCare−TDO#06-61
• TuberculosisProcedure−TDO#06-54
• EmergencyServices−TDO#06-44
• Detoxification−TDO#06-58
• MedicationAdministration−TDO#06-57
• MedicationManagement−TDO#06-60
• MedicalErrors−TDO#06-63
• QualityManagement(QualityManagementCommitteeshavebeenestablishedatall
facilitiesandhavedevelopedCorrectiveActionPlanstorespondtothecourt-appointed
expertauditfindings)−TDO#06-67
• HandWashing−TDO#06-64
• SentinelEvent−TDO#06-47
• MortalityReview−TDO#06-48
• ManagementofChronicDisease−TDO#06-41
• Credentialing
• HealthOrganizationalStructure
• DiagnosticTestMonitoring
• InfectionControl−TDO#06-46
• EnvironmentalHealthandSafety−TDO#06-59
• OutsideSpecialtyCare−TDO#06-52
24 DJJ Legislative Briefing - February 2009
• AutomaticExternalDefibrillator−TDO#06-66
• ClinicSpace,EquipmentandSupplies−TDO#06-42
• AccesstoCare−TDO#06-40
• Intra-systemTransfer−TDO#06-69
• RefusalofTreatment−TDO#06-56
• PrivacyofCare−TDO#06-53
• ClinicianOrders−TDO#06-65
25DJJ Legislative Briefing - February 2009
Safety and Welfare Remedial Plan
GOAL:The goals of the Safety and Welfare Remedial Plan are to reduce violence and fear in each Division of Juvenile Justice (DJJ) facility and to create the capacity for change with specific treatment intervention expectations.
Summary:The DJJ has incorporated timely assessments of the needs of each youth with intervention techniques and programs that have reduced violence and increased the safety of its facilities, critical to creating an environment of learning and rehabilitation. In addition to their treatment needs, youths are assessed to determine their tendency for violence and potential for recidivism. Housing low risk youths separately from those who present a high risk to public safety improves their opportunity to learn and reduces their risk of repeat crime when they are released. Staffing facilities to match the needs of both groups ensures order and discipline and improved delivery of treatment services for all youths.
Among the efforts to improve order and safety in all facilities, the DJJ has:
• trainedstaffininterventiontechniquestomoreeffectivelyinteractwithallgroupsofyouth;
• reducedthesizeoflivingunits,whichhasreducedgroupdisturbances,youth-on-youthviolenceandstaffassaults;
• implementedprogramssuchasPeaceandUnity,inwhichyouthspledgetoliveanon-violentlifestyleinordertoparticipateinactivitiesthatenhancetheirtreatmentandeducation;
• implementedprogramssuchastheFamilyJusticeProject,whichincorporatesayouth’sfamilyintheirrehabilitationandincreasescontactbetweenYouthCorrectionalCounselorsandthefamiliesofyouths;
Other accomplishments of the Safety and Welfare program include:
DisciplinaryDecisionMakingSystem(DDMS)
Completed:
• DevelopedDDMSPolicyandtheDDMSProgramCreditPolicy(January2009)andtrainedallstaff(February2009)
26 DJJ Legislative Briefing - February 2009
GrievanceSystem
Completed:
• ImplementedtheYouthGrievanceandStaffMisconductComplaintpoliciesanddeployedautomationtosupportthepolicies(August2008)
• Allfacilitystaffandyouthsreceivedtrainingregardingbothpolicies(July2008)
ReduceViolenceandFear
Completed:
• InterimClassificationlevelsweresetbyHeadquarters/Research,basedonfactorspriortoDJJplacement(September2006).Youthsclassifiedashigh-riskforfacilityviolencewerehousedseparatelyfromyouthsclassifiedaslow-risk(February2007)
• TrainedstaffonInterimClassificationprocedures(March2008)
• ConductedweeklyauditstoensurecompliancewiththeInterimClassificationmandate
toseparateyouthswhoareclassifiedaslow-riskfromyouthswhoarehigh-riskfor
housingpurposes(Ongoing)
• ImplementedViolenceReductionCommitteesateachDJJfacility(May2007)
• DevelopedandimplementedastandardizedautomatedDailyOperationsReportatallsitestotrackincidentsofviolenceanduseofforceonadailybasis(March2008)
• ParticipatedinPerformance-basedStandards(PbS);theOctober2008DataCollectionCycleindicatedmanypositivesinthiscategory(seeattachedPbSinformationpage)
SystemReformforFemales
Completed:
• Consultedwithnationalexpertsregardinggender-specificprograms(February2006)
• ReleasedaRequestforInformation(RFI)forFemaleSystemReform(April2006)
• ReleasedaRequestforProposal(RFP)ontwoseparateoccasionswithnoviablebidders(April2007andDecember2007)
• Re-releasedtheRFPforthethirdtime(February2009)
27DJJ Legislative Briefing - February 2009
TimeAddTracking
Completed:
• Addedandrestoredsystemtoreportnettime(February2008)
• Timeaddsandreasonswereanalyzed(December2008)
• Developedaplantoreducethefrequencyanddurationoftimeadds(December2008)
UseofForcePolicy
Completed:
• DevelopedUseofForcePolicy.Policypromotescrisispreventionandinterventionandlessrelianceonuseofforce.ImplementedUseofForceReviewModel(February2009)
In Progress:
• TrainingandimplementationhasbeenscheduledforMarch2009
RiskNeedsAssessment
Completed:
• Hired76CaseManagersasrequiredbytheSafetyandWelfareRemedialPlan(April2008)
• CaliforniaYouthAssessmentScreeningInstrument(CA-YASI)developedbyOrbisPartners,Inc.(May2008)
• CA-YASIwasnormedfortheDJJpopulationfromasampleof462youthassessments(August-October2008)
• Developed1,734initialyouthassessmentsusingtheCA-YASIasofDecember16,2008
In Progress:
• DevelopingchartertoincorporatetheCA-YASIintoacomprehensiveclassificationandcasemanagementprocess,includinginformationtoinformfacilitytreatmentteams,theJuvenileParoleBoardandparolestaff
Miscellaneous
Completed:
• DevelopedtheAcceptanceandRejectionCriteriaforYouthwithMedicalorMentalHealthConditionsPolicy(September2006)
• ImplementedPerformance-basedStandards(PbS)(October2006)
• EstablishedstatewidePbSCoordinatorandPbSSiteCoordinatorsateachDJJfacility(October2006)
28 DJJ Legislative Briefing - February 2009
• ExpandedandstandardizedpointsforrestorativejusticeintheYouthIncentiveProgramSystem(May2007)
• DevelopedandapprovedthefollowingthreepoliciesinJanuary2008relatedtoaccesstocourts:ConfidentialYouthVisitation,ConfidentialTelephoneAccesstoYouth,andYouthRequestforConfidentialTelephoneCalls(January2008)
• ThethreepoliciesencompassFarrellrequirementsaswellasSB518
• Anautomatedtrackingsystemwasdevelopedandstaffandyouthweretrained
• DevelopedAlternativeProgramPolicyandcompletedtraining(May2008)
• WardInformationNetwork(WIN)ExchangeSystem(June2008)
• FamilyJusticeProjectPilotatO.H.CloseYouthCorrectionalFacility,whichincreasedthefamilyparticipationwithdirectcarestaffontreatmentissues
• Staffweretrainedonmethodsofcommunicatingcollaborativelywithfamilies
• 70%ofthefamiliesindicatedthiswasthefirsttimetheyhadbeenincludedinsuch
discussions(June2008)
• DistributedthreequarterlynewslettersfortheYouthIncentiveProgramtoallyouths(May,August,andDecember2008)
• DraftversionoftheYouthRightsHandbookwasupdatedinOctober2008toreflectchangesinpolicyandregulationssincethelastrevision,datedMay2002.FocusgroupswereheldinDecember2008withseveralDJJyouthstoobtainfeedbackpriortofinalrelease.
In Progress:
• ReducinguseofTemporaryDetention(TD),SpecialManagementPrograms(SMP),andAdministrativeLockdown.
• TDshavedroppedfromanaverageofover14daysin2000,toanaverageof53.4hoursas
ofJuly2008
• TheaveragelengthofstayinanSMPhasdroppedfromoversixmonthsin2000to38daysas
ofJuly2008
• OrganizingspecialfamilyeventsateachDJJfacility
• FacilityComplianceMonitorsweredesignatedateachsiteandanauditscheduleisbeingdeveloped
• MakingminorchangestotheYouthRightsHandbookasaresultofthefocusgroupswithyouths.ThehandbookwillalsobetranslatedintoSpanishanddisseminated.
• RevisingacademytrainingprocessforDJJpeaceofficercadets
• ExpandingtheFamilyJusticeProjecttoadditionalDJJfacilitiesandincludingprojectprinciplesinanewcasemanagementmodelbeingdeveloped
• DevelopingaTemporaryDepartmentOrder(TDO)forInterimClassificationprocedure
29DJJ Legislative Briefing - February 2009
Mental Health Remedial Plan
GOAL:The goal of the Mental Health Remedial Plan is to improve the quality and increase accessibility to existing mental health services to youths committed to the Division of Juvenile Justice (DJJ).
SuicidePreventionAssessmentandResponse(SPAR)
Completed:
• ConductedSPARPilotProgramatN.A.ChaderjianYouthCorrectionalFacility(August2008)
• SPARtrainingcurriculum(December2008)
• SPARPolicy(January2009)
• TrainedstaffonSPARPolicy(February2009)
Policy&Training
Completed:
• Developedandapprovedessentialmentalhealthpoliciesandtableofcontents(November2007)
• InitialpilotprogramforProfessionalPeerReview(July2008)
• DevelopedPsychopharmacologicalTreatmentPolicy(August2008)
• DevelopedPsychopharmacologicaltrainingcurriculum(November2008)
In Progress:
• ConductingPsychopharmacologicalPolicytraining-for-trainers(T4T)
• DevelopingForensicEvaluation–WelfareandInstitutionsCode(WIC)Sections1800/1800.5Policyregardingcivilcommitmentextensions
• DevelopingForensicEvaluation–WICSections1800/1800.5trainingcurriculum
• DevelopingForensicEvaluation–WICCodeSections1800/1800.5Policytrainingforstatewidedeployment
• Mentalhealthtrainingteamcontinuestocreatetrainingcurriculumforpoliciesunderdevelopment
• DevelopingspecificproceduresfortheStatewideProfessionalMentalHealthPeerReviewProtocol
• Prioritizingessentialmentalhealthpolicies
• DevelopingadditionaltrainingforMentalHealthCliniciansinordertosupportthe
30 DJJ Legislative Briefing - February 2009
DJJtreatmentapproach(CognitiveBehaviorTherapy-MotivationalInterviewing[CBT-MI],AggressionReplacementTraining[ART],etc.)
Staffing&Salaries
Completed:
• AppointedaMentalHealthProgramAdministratorateachDJJfacilitywitharesidentialmentalhealthprogram(August2007)
• MentalHealthCliniciansachievedpayparitywithAdultPrograms(October2007)
• Establishedstatewidestaffingforpsychiatryconsistentwithrequiredremedialplanratios(November2007)
• AppointedaSeniorAdministratorfortheMentalHealthRemedialPlan(June2008)
• ApprovedMentalHealthTrainingTeam(August2008)
In Progress:
• HiringadditionalMentalHealthClinicianstomeettherequiredstaffingratio
ProgramDevelopmentandAudits
Completed:
• DevelopedaProfessionalPeerReviewStandardsaudittoolforpsychologistsandpsychiatrists(October2008)
• DevelopedaTreatmentConfidentialityPolicyCharter(December2008)
Miscellaneous
Completed:
• MassachusettsYouthScreeningInstrumentVersion2(MAYSI-2)performedforallyouthsatintake
• VoiceDiagnosticInterviewScheduleforChildren(VDISC)completedforallyouthsovertheageof18atintake
• Developedastructuretoolforclinicalassessmentofpsychosisatintake
• ReducedmentalhealthtreatmentunitstothesizerequiredpertheMentalHealthRemedialPlan(IntensiveTreatmentProgram[ITP]/SpecializedCounselingProgram[SCP]:24,IntensiveBehaviorTreatmentProgram[IBTP]:16)
31DJJ Legislative Briefing - February 2009
Performance-Based Standards (PbS) Critical Outcome Measures (October 2008)
Overview: A safe and stable environment is critical to successful rehabilitation and treatment of youths in the DJJ’s care. Significant changes in programs and facility operations have resulted in creating that environment, despite changes in the DJJ’s population that include youths with more serious and violent offenses and greater treatment needs. As a result, there are measurable improvements in youth safety, health, and educational achievement.
Performance-based Standards (PbS) is a system for juvenile justice facilities to identify, monitor, and improve conditions and treatment services provided to youths using national standards and outcome measures. As of April 2007, PbS is being implemented in 184 facilities across 28 states; providing a blueprint for operations and data that shows what is working and what needs to be changed. PbS promotes, supports, assesses, and monitors the processes of continuous improvement at juvenile justice facilities that will lead to safer conditions and increased services for youths.
PbS addresses the needs of juvenile justice facilities, programs, and the public. The goals are:
• Toincreaseaccountabilitythroughtheuseofdatainthesystem,whichenhancesabilityto
trackimprovementandidentifyissues.Historicallythereisalackofdatatosupportcurrent
practicesandpolicies
• Toimproveunderstandingofbestpracticesandmethodsthat,whenfullyemployed,can
significantlyimproveconditionsofconfinementinthejuvenilejusticesystem
• Toprovideareasonably-pricedsolutionacrossthecountrythatallowsforuniformdata
collection,analysisanduseinalljurisdictions
• Tosupportthenotionthatthejuvenilejusticesystemissufficientlyabletohelpyouthswho
areinconfinement
YouthandStaffSafety
Progress:
• TheDJJfacilitiesreportedaninjuryrateof11%lessthanthenationalaverage.
• Therateofinjuriestostaffwasreportedashalfthenationalaverage.
• Therateofinjuriestoyouthsbyotheryouthswasreportedas63%lessthanthenational
average.
• Therateofsuicidalbehaviorswithinjurieswasreportedas56%lessthanthenationalaverage.
32 DJJ Legislative Briefing - February 2009
• Therateofsuicidalbehaviorswithoutinjurieswasreportedas88%lessthanthenationalaverage.
• Therateofinjuriestoyouthsduringtheapplicationofphysicaland/ormechanical
restraintswasreportedas77%belowthenationalaverage.
• Therateofassaultsonyouthswasreportedas2%belowthenationalaverage.
• Therateofassaultsonstaffwasreportedas79%belowthenationalaverage.
• Therateofstaffwhoreportedthattheyfearfortheirsafetywasoverall1%belowthe
nationalaverageof18%.HemanG.StarkYouthCorrectionalFacilityandVenturaYouth
CorrectionalFacilitystaffweretheonlyonesreportingabovethenationalaverage.Only
3%ofthestaffatPrestonYouthCorrectionalFacilityreportedbeingfearful,thelowestof
allDJJfacilities.
AreasforImprovement:
• Thepercentageofyouthswhofearfortheirsafetywasreportedas6%higherthanthe
nationalaverage.PineGroveYouthConservationCampandVenturaYouthCorrectional
Facilityweretheonlyfacilitiesbelowthenationalaverage.YouthsatHemanG.StarkYouth
CorrectionalFacilityreportedbeingthemostfearfulat45%.
• Averagedailyratioofdirectcarestafftoyouthwasreportedas5%lessthanthenational
average
Order
Progress:
• Therateoftheuseofphysicalrestraintswasreportedas88%lessthanthenationalaverage.
• Therateoftheuseofroomrestriction,temporarydetention(TD)andplacementina
SpecialManagementProgram(SMP)wasreported61%lessthanthenationalaverage.The
averagelengthoftimespentintheserestrictionswas6%lessthanthenationalaverage(30
hoursvs.32hoursnationally).Thisisamajorimprovementoverayearago,whentheDJJ
reportedanaveragetimeof223%abovethenationalaverage.Thisreflectsa39%decrease
intheamountoftimespentinthesecircumstances.
• Theaveragenumberofidlewakinghourswas28%lessthanthenationalaverage.This
isamajorimprovementfromOctober2007,whentheDJJreported44%morethanthe
nationalaverage.
33DJJ Legislative Briefing - February 2009
AreasforImprovement:
• Useofmechanicalrestraintswasreportedas133%morethanthenationalaverage.
Thisisa33%dropfromayearago.
• Thenumberofyouthswhowerereleasedfromroomrestriction,temporarydetention
(TD)orplacedinaSpecialManagementProgram(SMP)inlessthanfourhourswas
reportedas38%lessthanthenationalaverage.Thisisadecreaseof11%fromOctober
2007.Thenumberofyouthswhowerereleasedfromtheserestrictionsinlessthaneight
hourswasreportedas43%lessthanthenationalaverage.Thisshowsadecreaseof16%
fromthe59%reportedinOctober2007.
• Useofchemicalrestraintsincreasedby88%fromOctober2007toApril 2008, and has since decreased by 29% from April to October 2008. Much of the April increase is attributed to the pending closures of DeWitt Nelson Youth Correctional Facility and Paso Robles Youth Correctional Facility.
NOTE: Prior to the most recent data collection cycle, California was the only PbS participant that utilized chemical restraints. Therefore, the DJJ will utilize the October 2007 data as the basis for comparison.
Security
Progress:
• Noescapeswereattemptedorcompleted.
AreasforImprovement:
• Thenumberofweaponcontrabandincidentsreportedwas118%abovethenational
average.NoweaponswerediscoveredatthemajorityofDJJfacilities;however,weapons
wereconfiscatedfromHemanG.StarkYouthCorrectionalFacility,O.H.CloseYouth
CorrectionalFacility,andSouthernYouthCorrectionalReceptionCenterandClinic
(SYCRCC)duringOctober2008.
• Thenumberofdrugcontrabandincidentsreportedwas375%abovethenationalaverage.
N.A.ChaderjianYouthCorrectionalFacility,PineGroveConservationCampandVentura
YouthCorrectionalFacilityreportednoincidentsofdrugcontraband.
Health
Progress:
• TheDJJhasinitiatedastatewideFacilityImprovementPlan(FIP)toaddressthelackof
documentationregardinghealthassessments.InmostDJJfacilities,theFIPisconsidered
34 DJJ Legislative Briefing - February 2009
closedanddocumentationisfullyinplace.IntheotherDJJfacilities,theFIPremainsopen
onlytomonitorthatthedocumentationisbeingcompletedasrequired.
AreasforImprovement:
• Thepercentageofyouthswhoreceivedacompleteintakescreeningbyqualifiedstaff(65%)
wasreportedas15%lessthanthenationalaverage.Thisisanincreaseof3%fromOctober
2007.
• Thepercentageofyouthswhoreceivedacompleteintakescreeningbyqualifiedstaff
withinonehourofadmission(21%)wasreportedas34%lessthanthenationalaverage.
• Thepercentageofyouthswhoreceivedanintakescreeningpriortohousingassignment
(16%)wasreportedas42%lessthanthenationalaverage.
• Thepercentageofyouthswhoreceivedamentalhealthscreeningwithinonehourof
admission(28%)wasreportedas34%belowthenationalaverage.
• Thepercentageofyouthswhoreceivedhealthassessmentswithinsixmonthspriorto,or
sevendaysafter,admission(64%)wasreportedas19%lowerthanthenationalaverage.
• Thepercentageofyouths
whoreceivedmentalhealth
assessmentswithinsix
monthspriorto,orseven
daysafter,admission(56%)
wasreportedas5%lower
thanthenationalaverage.
NOTE: The low number of reported assessments is due more to the lack of documentation rather than the lack of the assessments being completed. This information is entered upon the departure of the youth. Therefore, even with the new documentation procedures resulting from the FIP, it will be some time before the DJJ has fully caught up with the data.
35DJJ Legislative Briefing - February 2009
Division of Juvenile Justice Fiscal OutlineAs the relationship between county juvenile systems and the state has changed, the DJJ houses youths that pose the highest risks and have the greatest needs. Because of those extensive needs for rehabilitation, providing services to each youth is higher than the custody cost of individual adult inmates, although the preventive programs in the juvenile system have the potential to reduce overall costs by reducing life-time recidivism.
Court settlements (Plata and Coleman and Perez) influenced salary increases for the DJJ even though it was not party to the lawsuits. Salary increases for DJJ staff in the medical, mental health, and dental clinician classifications brought their salaries to parity with salary increases ordered for CDCR staff. In addition, salary increases for custody staff were the result of the Memorandum of Understanding covering the years 2001 to 2006 for Bargaining Unit 6, which includes all peace officer classifications within the CDCR and is not unique to the DJJ.
Another factor that increased costs are the specific staffing levels outlined in each of the Farrell remedial plans.
Nonetheless, the DJJ is working aggressively to reduce costs without compromising any commitments or goals of the remedial plans or the quality of rehabilitative programs. In recent years, the DJJ has closed two facilities and added professional staff to audit the efficient administration of the remedial plans. Now that each plan is being implemented, the DJJ is looking at them as one comprehensive treatment system rather than six separate plans, to eliminate duplication and make the most effective and cost-efficient use of staff.
The DJJ’s cost-cutting efforts include:
Fiscalreductions-Removingunnecessaryorduplicativecosts:The DJJ is conducting an extensive evaluation of its staffing and facilities to eliminate duplication or take advantage of potential consolidations, in an effort to operate as cost-effectively as possible.
The DJJ’s analysis of its facilities is based on the programs assigned to each, the needs of the total population, their geographic locations compared to the counties of commitment for each segment of the youthful offender population, and the impact on staff.
The DJJ is also looking into consolidating living units. Any consolidation must evaluate the specific treatment needs and mission of each living unit and any specific court-ordered staffing requirements or population limits. Both factors must be considered when mixing youth populations.
36 DJJ Legislative Briefing - February 2009
L.H. Class Action LawsuitIn September 2007, the U.S. District Court for the Eastern District of California ruled in favor of the plaintiffs in a class action lawsuit (L.H. vs Schwarzenegger), concluding that the lack of timely parole revocation hearings violated the due process of parole violators. Among the most significant findings, the court ordered the DJJ to revamp its parole hearing process by December 2008 to ensure that:
• Youthsbepresentedwithchargesagainsttheminprobablecausehearingswithin13days
• Parolerevocationhearingsbeadjudicatedwithin35days
• Youthsbeprovidedlegalcounselatparolerevocationproceeding
• Proceduresbeputinplacetoaccommodateyouthswithdisabilities,suchasphysical
limitations,languagebarriersandmentalillness
• Parolehearingsbeheldwithin50milesofayouth’shometoaccommodatepotentialwitnesses
Completed:
• Appointedattorneysinallrevocationcases
• ImplementedProbableCauseHearings
• Endedtheuseoftemporarydetentionsandrequestedrescissionoftheregulationregardingthem
• Endedthepracticeofwaiversandadmissionswithoutcounsel
• Postedanddistributednoticeofthematerialtermsofthesettlement
• ImplementedRevocationExtensionHearingsandExitInterviews
• EndedreferralsofLevel1andLevel2paroleviolationstotheJuvenileParoleBoard
forrevocationactions
• ProvidedNoticetoCounselofRecord
• ConductedRevocationHearingswithwitnesseswithina50-mileradiusofthelocation
oftheallegedviolation
• EndedallParoleConsiderationHearingsforclassactionmembers
• Endedalltime-adds/entryintotheDisciplinaryDecisionMakingSystem(DDMS)forclassmembers
• Appliedone-yearlimitonparolerevocationstoclassactionmembersincustody
• Processedappealswithintimeframes
• ReleasewithinthreedaysofaContinueonParole(COP)dispositionordismissalofcharges.
37DJJ Legislative Briefing - February 2009
• Timelyidentified,accommodatedandtrackedYouthwithDisabilitiesandEffective
CommunicationNeeds(September2008)
• Startedtheuseofaudiblerecordingofhearings,includingallnecessaryequipmentfor
recordingbydefendantsandlisteningbyparoleviolatorsinDJJandnon-DJJfacilities
(February2009)
• Trainedstaffonfinalpoliciesandprocedures,andJuvenileStatusTrackingSystem(JSTS)
(January2009)
• Fullyimplementednewpoliciesandprocedures,JSTS,andhearingtimeframes
(February2009)