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Juvenile Detention and its Alternatives (presented 4/25/17)

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Rebecca Brown

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Transcript of Juvenile Detention and its Alternatives (presented 4/25/17)

Reentry Solutions Group
April 25, 2017, Noon to 2 PM
Today's topic: Juvenile Justice and Diversion - What CoCo Could Do
"There is a common goal among diversion programs -
to minimize a youth's involvement in the juvenile justice system
." (Juvenile Diversion Guidebook, p. 8)

If you feel the County did not properly assess your ability to pay
when your child was detained or on ankle monitor in Contra Costa,
contact rebecca@reentrysolutionsgroup.org.
Denise Coleman, MSW, ACSW,
Director of Juvenile Justice Programs
Huckleberry Youth Programs
dcoleman@huckleberryyouth.org
Meredith Desautels, Leading Edge Fellow
Agenda, 9/27/16, Noon to 2 PM
Eliminating Juvenile Detention Fees in CoCo:
An Update:
12:00-12:20: Settling In

12:20-12:30:
Who's New in the Room
? -- Rebecca Brown and Donté Blue

12:30-12:40:
Update on Initiative on Juvenile Fees in CoCo
-- Rebecca Brown

12:40-1:20:
Juvenile Detention and CoCo
-- Meredith Desautels, Leading Edge Fellow

1:20-1:40:
Innovations at Work: SF's CARC
-- Denise Coleman and Stacy Scortino, Huckleberry

1:40-2:00:
Restorative Accountability for Youth
-- Yejide Ankobia, Community Works West

Questions?
Juvenile Detention in CoCo
Last August, we provided information regarding what
research tells us

about juvenile detention:
Kids are not
mini-adults
Perceptions Matter
In some places, there are opportunities for what some people call "diversion," but only
after charges have been filed by the DA
.
Recap from Aug. 2016
At RSG,
we are continuing to push the County
to identify and remedy cases
not just involving non-adjudicated youth,
but also for families where
we believe the County failed to meet the state standard

for conducting the ability to pay process.
Since 1990, Contra Costa (like many counties)
charged parents a daily fee (up to $30.day)

when their children were incarcerated
in County detention facilities or on electonic monitors.
In March 2017, County Probation
reported the outcomes of one initial study:
They used a sample of
four years
(2012-2016),
in which a child was adjudged
non-delinquent
AND in which parents
made at least one payment
.
True diversion means the
judicial process

stops with the arrest.
Note: No RSG in October!
Next meeting Nov. 29, 2016, Noon to 2 PM
Racially Disproportionate
Detention disproportionately affects
youth of color.
Kids of color are more commonly ordered
to detention than white kids,
even with similar conduct and circumstance
.
Harsher Sentences
When kids are detained pending adjudication,
they receive harsher sentences,
even with similar conduct and circumstance.
Detention's Effects
Phillip Atiba Goff and Matthew Christian Jackson,
The Essence of Innocence: Consequences of Dehumanizing Black Children
, Journal of Personality and Social Psychology,
2014, Vol. 106, No. 4, 526-545
Using just these limiting criteria.
the Probation Department
identified 224 families
who were improperly charged.
Collectively, these parents paid
over $58,000

that should not have been charged.
But while the moratorium halted the practice for the future,
we at RSG also identified
three areas where
we believe
the County's
past
practices
failed to follow state law
:
About a year ago, right here in this room, with all of you,
RSG began researching and reporting on this issue:
the
legal statutes
, the
history
in CoCo,
the local
administrative procedures
and forms,
the
financial analysis
, the national
research.
RSG then invited
the UC Berkeley School of Law
to work with us to illuminate and
challenge
this practice.
In response, in October 2016 the Board of Supervisors
unanimously voted to impose a moratorium.
One:
As a matter of practice, the County charged these fees
even when a child was eventually adjudicated
non-delinquent. which is contrary to state law.
(WIC 903(a))
Two:
We believe County's forms
did not accurately assess
a family's ability to pay, as required by law. (WIC 903(c))
Three:
The County
failed
to provide a formal process to appeal
,
and
failed to inform families
of their
right to appeal
,
as is required by law. (WIC 903.45)
In response to our analysis,
County directed Probation to conduct preliminary research
on one aspect of the County's past practices
:
cases where families were charged fees
even when their child was judged non-delinquent.
This issue represents a big moment
in reforming juvenile justice in Contra Costa.
We expect an update from County staff
at the May PPC meeting (date TBD).
We will report back to you at the next RSG meeting.
Increases Adult Depression
In a study of 14,000 youth:
If detained even
less than a month
,
41% more likely to suffer adult depression.
Reduces Adult Outcomes
Detention lowers rates of
positive "psychosocial factors" in adulthood.
It's worse for boys of color.
Increases Risks
Detention decreases rates of high school completion.
Kids in Detention
in CoCo
We know that detaining a child
in juvenile detention in CoCo
costs
$393 per child, per day
.
That's
$11,954
per child, per month.
That's
$143,445
per child, per year.
What Do We (sort of) Know?
Source: Direct communications from Probation Chief Todd Billeci, June-July 2016
Less capacity for
self-regulation
in emotionally charged situations ("I was so pissed off!")
More
sensitive to environmental influences

("But my friends were....")
Haven't developed consistent ability
to consider the future

when making decisions ("Who cares?")
Adolescence is a Stage
In another experimental study, this one measuring the effect of race in perceptions of a child's "culpability,"
participants consistently overestimated
the age of Black children
.
In a study of perceptions of
"
childhood innocence
"
(ie: stage of development
that deserves adult protection and guidance)....
Race and Perceptions
Perceptions Have Effects
When presented with
hypothetical scenarios involving
a
felony
charge,
participants overestimated the age of black children
by an average of 4.5 years
.
Phillip Atiba Goff and Matthew Christian Jackson,
The Essence of Innocence: Consequences of Dehumanizing Black Children
, Journal of Personality and Social Psychology, 2014, Vol. 106, No. 4, 526-545
Phillip Atiba Goff and Matthew Christian Jackson,
The Essence of Innocence: Consequences of Dehumanizing Black Children
, Journal of Personality and Social Psychology, 2014, Vol. 106, No. 4, 526-545
In a "snapshot" report from 12/15/15:
What Else Do We Know
(sort of)?
Source: BSCC http://www.bscc.ca.gov/downloads/JDPS%20Workbook%20rvs%20Jan2016.pdf
On 12/15/15,
126 young people
were being held in juvenile hall.
Of these 126 young people:
88 had
felony
cases (74 boys, 14 girls)
38 had
misdemeanors
(24 boys, 14 girls)
This means that of the 126 young people in JH:
50% of all girls were in on misdemeanors
.
24% of all boys were in on misdemeanors
.
Of kids taken into custody on a probation violation
(some connected to underlying misdos, some to felonies),
91% were for a technical violation (not a new charge).

Most common reasons (per Probation):
Drug use or school attendance.
What We Don't Know
Patterns and correlations
(who's detained for what with what background)
How often diversion is being used, for which kids, and what the outcomes show us.
Which police departments are referring which kids, and for what
How many referrals relate to incidents at schools, and for what
Average wait time to get enrolled into in-custody court-ordered programming
Average time it takes to complete
in-custody programming
And we also don't know
What other options we could develop
(that might work better, cost less,
and cause less harm)
The County is now in the process of
locating those families to
reimburse them
.
They are also conducting further research to
identify other families
whose kids were
non-delinquent but who were improperly charged.
Elizabeth S. Barnert and Tumaini R. Coker,
How Does Incarcerating Young People Affect Their Adult Health Outcomes?
Pediatrics 139(2) (2017), accessed Feb. 17, 2017, doi: 10.1542/peds.2016-2624
Karen M. Abram, Nicole M. Azores-Gococo, and Kristin M. Emanuel,
Sex and Racial/Ethnic Differences in Positive Outcomes in Delinquent Youth After Detention: A 12-Year Longitudinal Study,
JAMA Pediatr. 171(2) (2017):123-132
Bonnie, R.J., Johnson, R.L., Chemers, B.M., and Schuck, J. (Eds.). (2013).
Reforming Juvenile Justice: A Developmental Approach
. Washington, DC: The National Academies Press, Committee on Law and Justice, Division of Behavioral and Social Sciences and Education.
Adult neurological maturation doesn’t begin until about age 18, and continues through early 20’s
They May
Look
Grown But...
Laurence Steinberg, PhD, et al., "Are Adolescents Less Mature than Adults? Minors' Access to Abortion, the Juvenile Death Penalty, and the Alleged APA 'Flip-Flop'"
American Psychologist, Vol. 64, No. 7.
Psychosocial maturation brings:
Ability to resist
impulsivity
Ability to
perceive and consider risk
A
decline in thrill-seeking
Ability to
resist peer influence
The vast majority of kids who get in trouble,
even those who commit serious crimes,
grow out of antisocial activity
as they transition to adulthood (mid-20s).
And They
Do
Grow Up
Laurence Steinberg, Elizabeth Cauffman, and Kathryn C. Monahan,
'Psychosocial maturity and desistance from crime in a sample of serious juvenile offenders,
Laurel, MD: U.S. Department of Justice, Office of Justice Programs,
Office of Juvenile Justice and Delinquency Prevention, 2015.
BUT
: What happens when adults
don't perceive some children
as children
?
Public Defender’s Office file review for 2014-2015
1998 in SF: Let's Do Something Different
Is a less serious offense, an example would be something like a theft of a bike
San Francisco's Community Approach
Huckleberry
Judicial offense
1) Many juvenile mistakes shouldn't be criminalized
2) The purpose of the juvenile system is to rehabilitate, not punish.
3) Community-based support can be more effective, less expensive, and less harmful than detention.
Is a serious offense, murder would be an example of a judicial offense. The young person would most likely get an adult sentence.
Accountability
Engagement
Model relationships
built on trust, honesty, and shared purpose
.
Provide "scaffolding" to
help youth develop ability
to take responsibility and follow through.
Help the young person feel valued by forging
positive community connections
.
The Community Assessment and Resource Center (CARC)
A community-based and community-managed alternative to traditional Probation supervision and detention.
Young clients (and their families) receive support and intervention from the point of arrest all the way through the juvenile process.
For every juvenile arrest (with the exception of 707b charges), the officer brings the young person to the CARC instead of referring to Probation.
Create an alternative route for kids who are in trouble.
Lower the number of kids who end up in juvenile system.
Reduce the burden on the system, so it can pay more attention to the kids who really need it.
Strengthen kids and their families
in the community.
All young people (age 11 and over) arrested for a non-violent crime in San Francisco.
Their families
Huckleberry Youth Programs
Big Idea: Let's Make
A Better Way to Help Kids!
Let's make sure that CARC reflects RJ's commitment
to taking responsibility.
Reintegration
Let's make sure we help the young person make real and lasting change
Key Concepts of CARC
CARC
How does all of that look??
Questions?
Onward to Yejide

Questions?
Onward to Denise and Stacy

Budget, Staff, and Results
CARC
Results
2014: 817 youth arrested in SF
Percentage brought to CARC: 42%
Percentage who completed program: 77%
Recidivism rate one year after completion: 24%
Budget and Staff
Budget: About $1 million annually, paid for from City's General Fund
Budgeted Staff:
Program Manager
Therapist/MH consultant
Night Program Lead
Night Case Manager
Seven Case Managers
In-Kind Site Staff
Deputy Sheriff
Probation Officer
Why???
How does it work??
Who's Involved?
SF Police Department
SF Probation Department
SF District Attorney
SF Public Defender
Stacy Sciortino, MSW, ACSW,
Program Director
Community Assessment & Resource Center
ssciortino@huckleberryyouth.org
Yejide Ankobia, Director of Restorative Programs, Community Works West
yankobia@communityworkswest.org
Restorative Community Conferencing Program:
Community Works West

It's for young people under 18
who have been arrested on
low-level felony
or
high-level misdemeanor
charges
but have not
gone through the judicial process.
RCC:
2) Who broke it?
3) How should all affected repair the harm?
2) What are the needs and obligations that are the result?
1) What harm was caused, and to whom??
3) How should we punish them?
The Restorative Community Conferencing program (RCC)
is a community-based diversion project for young people,
based on restorative justice principles.
1) What rule/law was broken? (Crime is seen as a violation of the state/government.)
Retributive justice and restorative justice
ask different questions:
The RCC process is focused on helping the young person acknowledge, take responsibility for, and remedy the harm caused to, another person.
RCC is a pre-charge diversion program for youth 17 and younger who've been arrested for misdemeanor and felony-level offenses.
RCC in a nutshell:
Restorative justice practices in the West
stem from cultural practices of indigenous peoples
in New Zealand and Australia.
Retributive justice asks these three questions:
RJ asks three different questions:
RCC Process
The RCC process requires
about
six weeks of preparation
before
everyone is ready for the Restorative Conference.
This prep involves the facilitator,
the young person,
the person who was harmed,
and family and supporters on both sides.
After the meeting
After the Conference, program staff
support the young person

in following through on his or her Plan, via case management.
Three
Prep Meetings
One:
Enrollment and introduction
to restorative questions and apology letter process
Two:
Accountability
meeting to begin identifying and articulating the harm and its impact, and begin drafting an apology letter
Three:
Review the final letter and prepare
for the experience of the Restorative Conference.
Burglary
Assault/Battery
Weapon possession
Arson
Sexual Assaults
Theft of Person
Vehicle Theft
Grand theft
Theft
Possession for Sales
Community Works West runs this program
in Alameda and San Francisco counties,
in agreement with the District Attorneys.
Eligible Charges
Questions?
Big "thank you!" to Meredith, Denise,
Stacy, and Yejide
Remember: Next RSG May 30

When everyone is prepped and ready, the RCC is scheduled, at a time and place

selected by the person harmed
.
RCCs usually last
two hours
.
Both the wrongdoer and the person harmed
have supporters
at the conference.
The
facilitator
opens the meeting, summarizes its purpose, sets the tone, stewards the spirit of the meeting.
Process

The young person is then supported in developing his/her
accountability
plan.
Every plan includes four elements:
1, Amends to
person harmed
2. Amends to
family
3. Amends to
community
3. Amends to
self
The plan is approved
when everyone agrees
.
Content
Ethnicities or other demographics of "referrals" Probation decided not to take into custody.
Paul Heaton, et al.,
The Downstream Consequences of Misdemeanor Pretrial Detention
, Stanford Law Review, Vol. 69, July 2016
Nancy Rodriguez,
The Cumulative Effect of Race and Ethnicity in Juvenile Court Outcomes and Why Preadjudication Detention Matters
, Journal of Research in Crime and Delinquency, 40(3), June 2010
Detention increases risk of adult incarceration.
Randi Hjalmarsson,
Criminal Justice Involvement and Rates of High School Completion
, Journal of Urban Economics, 63, 2008
A. Aizer and J. J. Doyle.
Juvenile Incarceration, Human Capital, and Future Crime: Evidence from Randomly Assigned Judges.
The Quarterly Journal of Economics 130, no. 2 (February 2, 2015): 759–803.
Bottom Line:
The research is overwhelmingly clear:
Detention is the
most expensive and least effective

approach to improving juvenile outcomes.
And the more serious
the conduct in the various scenarios,
the more people overestimated age
.
...Black children were rated
as significantly less "innocent"
than White children.
But these are
not true diversion
:
because the child has already been formally drawn into the system -
not diverted out of it.
Referrals/connections to services
Connection to group social activities
Support for six to nine months
Support for complying with Probation (no Probation contact in Alameda version)
So, does it work?
Number of young people involved in RCC since 2011: 300
Six-month post-programrecidivism rate: 11%
18-month recidivism rate: Evaluation report coming soon!
RCC works with the young person
to be accountable to the person
harmed by their actions.
Full transcript