Juvenile Justice Reform in Kentucky

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1 Juvenile Justice Reform in Kentucky Rachel Bingham Administrative Office of the Courts Heather M. Dearing Cabinet for Health and Family Services Kristie G. Stutler Department of Juvenile Justice

2 Presentation Overview 1. Introductions & Orientation 2. Kentucky Landscape 3. A Grounding in Data & Research 4. Exploration Stage: Juvenile Code Task Force 5. Installation Stage: SB 200 & Other Changes 6. Implementation Stage: Current Status 7. Closing

3 Introductions & Orientation

4 Kentucky s Government Structure EXECUTIVE JUDICIAL LEGISLATIVE Health & Family Services Justice & Public Safety Courts Administration State Senate House of Representatives Education & Workforce Economic Development Commissions & Committees Court Programs Energy & Environment Finance & Administration Personnel Public Protection Tourism, Arts & Heritage Transportation

5 Kentucky s Government Structure Executive Judicial Legislative Health & Family Services Justice & Public Safety Unified Court System Administrative Office of the Courts State Senate House of Representatives Child Welfare Behavioral Health Juvenile Justice

6 The Kentucky Landscape

7

8 Total Population: 4.4 million Minor Population: 1 million Children in Poverty 365,000 Children with Emotional/Behavioral/ Developmental Conditions 220,000 Children Probated or Committed to JJ 503 Pre-Adjudicated Youth Diversion Program 34,000 annually Children Enrolled in Medicaid 406,072 Children in Child Welfare OOHC 7,700 Children in Juvenile Justice OOHC 254 (+ 132 in detention) Children Committed or Confined in JJ 496

9 120 Counties Republican Senate 60 Judicial Districts Democratic House 172 School Districts Democratic Governor Managed Care Environment Successful State-Run Healthcare Exchange (kynect) Medicaid Expansion State

10 One. Hundred. And. Twenty. Counties.

11 It s kind of like this https://youtu.be/m_majdk3vne

12 What sounds familiar? What is different? What resonates?

13 Implementation Science (A Brief Orientation)

14 Stages of Implementation Exploration Installation Initial Implementation Full Implementation Program Sustainability

15 Recent Juvenile Justice Data & Research

16 Formal Processing vs. Informal Processing Diversion is more effective at addressing delinquency than formal system processing. Formal system processing actually has a negative effect as compared to diversion; diversion with services has the most positive effect (Petrosino) Source: 2010 Campbell Collaboration meta-analysis of juvenile justice research found (Included 7,304 youth ages 17 and younger over a 35 year period)

17 Impact on Education and Adult Offending Juvenile incarceration decreases the chances of high school graduation by 13 to 39 percent Juvenile incarceration increases chances of incarceration as an adult by 23 to 41 percent The data suggest that assignment to a judge with a high incarceration rate in other cases leads to a significantly lower likelihood of high-school completion and a significantly higher likelihood of incarceration as an adult, including incarceration for violent crimes Source: The Quarterly Journal of Economics, Juvenile Incarceration, Human Capital and Future Crime: Evidence from Randomly Assigned Judges. The paper, authored by Brown University s Anna Aizer and MIT s Joseph J. Doyle, Jr., analyzes 10 years of data on approximately 35,000 juvenile offenders in Chicago.

18 Effective Juvenile Justice Interventions When juvenile courts use a risk assessment to properly identify youth for intervention, and then utilize appropriate interventions for youth risk levels and identified needs, significant reductions in recidivism and costs are realized Three components determine success of juvenile justice programs: a therapeutic intervention philosophy, serving high risk offenders, and quality of implementation Correctional interventions for juveniles have their greatest public safety impact when delivered to higher-risk offenders Sources: Barnoski, R. and Aos, S. (2004). Outcome Evaluation of Washington State s Research-Based Programs for Juvenile Offenders, Washington State Institute for Public Policy, pp Lipsey, M. W. (2009). The primary factors that characterize effective interventions with juvenile offenders: A meta-analytic overview. Victims and Offenders, 4, Dowden, C., & Andrews, D. A. (1999). What works in young offender treatment: A meta-analysis, Forum on Corrections Research, 11, pp

19 Long-term Outcomes for Youth in Juvenile Justice Systems Most youth age out of offending Increasing the length of stay for juveniles in institutions does not positively impact recidivism Increasing length of stay can have a negative impact on lower risk offenders leading to higher rates of recidivism Source: Mulvey, E. P. (2010). Highlights from Pathways to Desistance: A Longitudinal Study of Serious Adolescent Offenders, Office of Juvenile Justice and Delinquency Prevention.

20 Exploration Stage: Kentucky Juvenile Code Task Force

21 Kentucky Juvenile Code Task Force Highlights Juvenile Code Task Force analysis of current system of care provided to youth in Kentucky. Administrators from Juvenile Justice, Department for Community Based Services, DPA, Private Providers, Mental Health Specialists, Education, Prosecutors Pew Charitable Trusts Assessment of Kentucky System of Care AOC Department of Juvenile Justice, Cabinet for Health and Family Services» DCBS (child welfare)» DBHDID (behavioral health)

22 Key Task Force Findings Kentucky is the 4 th highest state for youth locked up for status offenses. (Source: Coalition for Juvenile Justice) Significant costs to all agencies to place low level offenders in out of home care. DJJ spending half of $102 million budget on out of home placement. (Pew Charitable Trusts, Public Safety Performance Project) DCBS spent 6 million to place status offenders in out of home care in 2012.

23 Key Task Force Findings A lack of services and alternatives in the community has contributed to expensive commitments of low-level offenders to DJJ and DCBS Majority of youth placed out of home are misdemeanants and supervision violators with little prior history Out of home time for violators/misdemeanants is about the same as those adjudicated on felonies

24 Do you have or can you access similar information in WA?

25 Installation Stage: SB 200 & Other Changes

26 External Installations Move to Managed Care Affordable Care Act (ACA) Changes Medicaid Eligibility Covered Benefits Medicaid Provider Type Expansion New Provider Types Provider Enrollment

27 Senate Bill 200: Key Principles Focus placement resources on serious offenders Reinvest savings into strengthening early intervention and prevention programs Increase effectiveness of juvenile justice programs and services Improve government performance by providing oversight

28 Department of Juvenile Justice Pre-disposition risk assessment Commitment to DJJ Probation term limits Misdemeanants (6 months, with extension option) Class D felons (12 months) Commitment restrictions No probation violators (except if suspended commitment) No misdemeanants or Class D felons (except sex offenders, weapons offenders, or youth with 3+ prior adjudications)

29 Commitment to DJJ Timelines established for out-of-home placement 4 months for Misdemeanor Offenders 8 months for Class D Felony Offenders Timelines established for Community Supervision 12 months for Misdemeanor Offenders 18 months for Class D Felony Offenders Must have a Graduated Sanction method to address youth violations

30 Diversion Process Enhance work of CDW Program by requiring evidence-based assessments and interventions consistent with research Screenings for all youth and comprehensive assessments for highneeds youth Identification of appropriate services Case management for high-needs youth Graduated responses for violations of diversion agreements Trainings on juvenile justice research and best practices

31 Graduated Responses Policy Key Aspects Successful outcomes occur when positive reinforcements outweigh sanctions Changes in behavior occur when positive behavior is modeled for youth Are effective when swift, certain, neutral, and proportional Policy and training developed by front-line workers

32 DIVERSION OUTCOMES REGULAR DIVERSION 85% FAIR Team 15%

33 Initial Implementation: Current Status

34 System-Wide Juvenile Justice Oversight Council Upcoming Administration Change Institutionalizing Change State Interagency Council for Services to Children Focus on Disproportionate Minority Contact Ongoing Expansion of Service Array and Service Access

35 Courts: Implementation Considerations Policy development Staff training Stakeholder/Community education and collaboration Long-term planning Sustainability Fidelity monitoring Data-driven Continuous Quality Improvement

36 Courts: Fidelity Monitoring How a program/initiative/enhancement is implemented impacts the program outcomes Adheres to core components of agency/program Allows for: Documentation of successes and challenges Feedback mechanisms and adaptations to program Opportunity for Quality Assurance and Continuous Quality Improvement

37 DJJ: Residential Reform Consistent System across programs Length of stay increases based on severity of committing offense. Advancement based on treatment completion Graduated Sanctions protocol Establishes limits for consequences that might extend length of stay. Treatment Plan based on Needs Assessment Top 3 Needs have corresponding treatment goal Addition of Evidenced Based Programs Aggression Replacement Training Trauma and Grief Component Therapy

38 DJJ: Community Reform Risk and Criminogenic Needs Assessment Dispositional Matrix Initial Placement Matrix Case Management Needs Assessment New Conditions of Furlough, Probation, and Supervised Placement Graduated Sanctions

39 Crime and Justice Institute: Technical Assistance Priorities Diversion and graduated responses training FAIR team pilot and implementation Juvenile court rules development Risk assessment rollout Implementation plan Inter-rater reliability plan Recidivism analysis Evidence Based Practice implementation and program assessment planning Performance measures development Data system changes

40 Sometimes, it just takes a movement https://youtu.be/lbaemwiljeq?t=2s

41 Thank you! Rachel Bingham Executive Officer, Department of Family & Juvenile Services Kentucky Administrative Office of the Courts Kristie G. Stutler, MSSW Administrative Coordinator Kentucky Department of Juvenile Justice Heather M. Dearing, MSW Policy Advisor Kentucky Cabinet for Health and Family Services

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