GRADUATED SANCTIONS

1. GRADUATED SANCTIONS Purpose, Application, and Outcomes in Juvenile Justice

2. Housekeeping • Breaks • Restrooms • Lunch • Room Environment • Training Rules • Breakout Groups • Performance Objectives

3. Performance Objectives • Define graduated sanctions; • Identify types of graduated sanctions; • Explain the significance of risk and needs assessments to graduated sanctions; • Identify key elements of an effective graduated sanctions program; • Distinguish the types of graduated sanctions for pre and post adjudicated youth;

4. PERFORMANCE OBJECTIVES • Define the role of due process in a graduated sanction program; • Develop a graduated sanction program for pre-adjudicated youth; • Develop a graduated sanction program for post-adjudicated youth; • Develop a graduated sanction grid to respond to technical violations; • Explain the role of community involvement in the development of graduated sanctions.

5. Chapter One:Defining Graduated Sanctions Its Origin, Purpose, and Key Elements in Juvenile Justice

6. The Need for Accountability • Probation “as usual” for youth with multiple risk factors is not effective; • Probation caseloads should not exceed 25 to ensure effective supervision of high risk youth; • Lack of assessments to determine risk and needs precludes effective accountability; and • Martinson’s “Nothing Works.”

7. JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANTS PROGRAM (JAIBG) Initially funded in 1998 Administered by OJJDP To provide accountability for offenders using community, system, and individual accountability

8. OJJDP COMPREHENSIVE STRATEGYFOR SERIOUS, VIOLENT, CHRONIC OFFENDERS The strategy provides basic guidelines for establishing a continuum of prevention, early intervention, and graduated sanctions programs that are research based, data driven, and outcome focused.

9. Characteristics of an Accountability-Based Juvenile Justice System • Surely, swiftly, and consistently attached to wrongdoing; • Imposed with the goal of repairing harm to victims and the community; • Teaching, reforming, and reconciling as part of an individualized treatment plan for the offender; • Applied when possible in the community of the offender; • Flexible & diverse to fit a variety of situations and types of offenders; • Sufficiently graduated to respond appropriately to each succeeding offense; and • Effective in reducing recidivism among offenders.

10. ROLE OF THE COMMUNITY • To provide opportunities for valued community service and paid work experience for offenders; • To provide assistance to crime victims, their families, and their support systems; • To assist offenders in completing obligations by providing support; • To share responsibility for monitoring offenders; and • To assist in holding the juvenile justice system accountable for fulfilling its responsibilities related to offender accountability.

11. TYPES OF GRADUATED SANCTIONS • Immediate Sanctions for first time nonviolent offenders; • Intermediate Sanctions for more serious offenders • Secure Care Programs for the most serious or violent offenders; and • Aftercare Programs that provide high levels of social control and treatment service.

12. CHAPTER TWO:RISK AND NEEDS ASSESSMENT TOOLS Building a Foundation for an Effective Graduated Sanctions Program

13. WHAT WORKS RESEARCH • Not a single reviewer of studies of official punishment has found consistent evidence of reduced re-offense by the offender • Incarceration does not work to reduce future criminal conduct and there is evidence it makes the offender worse • In most published reviews, at least 40% and up to 80% of treatment services reported reduced re-offense by the offender

14. CRIMINAL SANCTIONS VS. TREATMENT

15. THE RISK PRINCIPLE Delinquent Behavior is Predictable using a Validated Risk Classification Instrument. Study of Probationers Rogers, 1981 Level of Risk: Low to High

16. Match Levels of Treatment to the Risk Level of the Youth Baird et al, 1979 O’Donnell et al, 1971 Andrews & Friesen, 1987 Andrews & Kiessling, 1980

17. CHAPTER THREE:IMMEDIATE SANCTIONS Identifying for Low Risk Youth for Diversion from Formal System

18. Who is Low Risk? The commission of a delinquent act does not always make the youth delinquent!

19. ADOLESCENT BRAIN RESEARCH • Frontal lobe of brain filters emotion into logical responses is not developed until age 25. • Kids are neurologically wired to do stupid things! • Kids are still under neurological construction. • Kids are being hard-wired and need positive influences such as school.

20. GROUP EXERCISE ONE Johnny is 13 years old. He goes into a Walmart with two friends, Sam, ages 14, and Joey, age 16. They were caught on CCTV working in concert to take merchandise from the shelves. They were arrested for theft by shoplifting. The video showed the 16 year old lifting the items and placing under his shirt and in his pants. Johnny and the 14 year old were look-outs. Johnny has no prior record and both parents are in the home. He is doing well in school, but the parents say is beginning to show a little attitude at home. Sam also doesn’t have a record, father is absent, and he has a chronic disciplinary record at school. Joey has a prior shoplifting (handled informally), runaway, truancy, and extensive school discipline record. • What sanction GS would be appropriate for each child and why? • What needs may be driving each child’s behavior? • How would you respond to each child’s needs?

21. Zero Tolerance An Example of Cases Appropriate for Prevention and Diversion

22. IMPACT OF ZERO TOLERANCE ON SCHOOL CAMPUS Over 2000% increase in Juvenile Arrests on campus

23. SCHOOL CONNECTEDNESS School connectedness is a strong protective factor against delinquency. US Surgeon General. (2001). Youth Violence: A Report of the Surgeon General. School connectedness is linked to lower levels of substance abuse, violence, suicide attempts, pregnancy, & emotional distress. Journal of School Health 72 (4). OSS of elementary & middle school students contributes to drop-out rates. Predictors of Suspension & Negative School Outcomes: A Longitudinal Investigation (2003)

25. Research shows a strong link between court referrals and dropout rates • A student arrested in high school is twice as likely to drop out • A student who appears in court during high school is four times as likely to drop out Sweeten, Gary, Who Will Graduate? Disruption of High School Education by Arrest and Court Involvement. 24.4, Justice Quarterly, 462-480 (December 2006).

26. SCHOOL OFFENSE PROTOCOL AGREEMENT Focused Acts: Affray, DPS, DC, Obstruction First Offense/Warning Second Offense/Referral to Workshop Third Offense/Complaint Filed School Offense Agreement Signed by all Police Chiefs, School Superintendent, Juvenile Judges, DFCS Director, and other partners on July 8, 2004

27. Number of Referrals Figure 3. Line graph showing the increase in referrals after police placed on campus and the decrease after the protocol became effective in 2004.

28. THE SCHOOL

29. PROTOCOL INCREASES POLICE INTELLIGENCE

30. EFFECTIVE USE OF PROTOCOL PROMOTES SAFETY

31. OUT-OF-SCHOOL SUSPENSIONMIDDLE SCHOOL

32. GRADUATION RATES Protocol : Pre-Referral Diversion Post-Referral Diversion 1050 Referrals 1077 Referrals 1368 Referrals 44% Decrease 56% Decrease 60% Decrease 69% Decrease 61% Decrease

33. REFERRAL BY YOUTH OF COLOR

34. DEVELOP DIVERSION PROGRAMSFOR LOW RISK YOUTH RESTITUTION TEEN COURT DAY REPORTING CENTER EVENING REPORTING CENTER RESTORATIVE JUSTICE BOARDS COMMUNITY SERVICE MEDIATION BOUNDARIES SCHOOL CONFLICT WORKSHOP THEFT WORKSHOP INFORMAL ADJUSTMENT WITH SERVICES ADMONISH & COUNSEL

35. IMPACT OF DIVERSION ON PROBATION CASELOADS

36. DETAIN OR NOT TO DETAIN:THAT IS THE QUESTION Best Practices in Detention Decision-Making of Pre-Adjudicated Youth

37. DETENTION DECISION TREE Score 12 0r More High Risk Score 8-11 Medium Risk Score 7 or below Low Risk Aggravating Factors Mitigating Factors Aggravating Factors Release w/ Conditions Aggravating Factors Release Detain Release w/ Conditions Detain Release w/ Conditions

38. FINDING ALTERNATIVES for SAFETY & TREATMENT PANEL • Multi-Disciplinary Panel • Meets 3 Times per week before Detention Hearings • Assess Detain Youth for Risk & Needs • Interview Parents • Develop Alternative to Detention • Recommends to Judge at Hearing

39. FAST PANEL MEMBERS • School Social Worker • School Psychologist • Mental Health Counselor • DFCS Caseworker • DJJ Expeditor • Victim Assistance • Defense Bar • Prosecutor • Non-Profit Agencies • Citizen Volunteers

40. JDAI COORDINATOR • Chairs FAST Panel • Chairs Quad C-ST • Presents Recommendations at all Hearings • Chairs Executive Committee • Ex-Officio Member of all Standing Committees • Monitors Detention Decisions • Manages Detention Alternatives

41. ALTERNATIVE DETENTION PROGRAMS

42. IMPACT OF FTA LOCATORS ON DETENTION RATE

43. CHAPTER FOUR:INTERMEDIATE SANCTIONS Using Evidence Based Practices in Probation to Modify Behavior

44. JARIS: JUVENILE ASSESSMENT RISK INSTRUMENT SYSTEM FOR PROBATIONERS • Assess Risk at High, Medium and Low • Assess Needs • Develop Treatment Plan • Re-Assess every 3-6 months • Revise Treatment Plan if Necessary • Completed by Probation Officer After Child Found Delinquent and made a part of the Order of Disposition

45. THE CRIMINOGENIC NEEDS PRINCIPLE Those Dynamic Attributes Associated with the Offender’s High Risk Level, when changed, Influence Changes in the Probability of Recidivism

46. CRIMINOGENIC NEEDS IDENTIFIED • Anti-Social Attitudes & Beliefs • Anti-Social Associates • Substance Abuse • Weak Problem-Solving Skills Combined with an Egocentric Personality • Family Life Characterized by Low Levels of Affection. Weak Discipline, and Supervision. • Difficulties with School

47. THE TREATMENT PRINCIPLE Develop Programs that Target the Criminogenic Needs of High Risk Youth Using Cognitive Behavioral and Social Learning Approaches

48. BEHAVIORAL VS. NONBEHAVIORAL

49. CHARACTERISTICS OF EFFECTIVE PROGRAMS • Targets high risk youth • Dosage is 7-9 months • Takes up 40-70% of Youth’s time • Targets Criminogenic needs • Matches Responsivity Characteristics of Youth to Program Delivery Method • Program is Behavioral Cognitive or Social Learning • Family Members Trained to Provide Support • Disrupt Criminal Networks • Graduated Sanctions as Effective Punishers • Graduated Rewards

50. TYPES OF EFFECTIVE PROGRAMS • Assess Risk & Needs • Cognitive Restructuring • Multi-Systemic Therapy • Mentoring • Role-Playing • Concrete Problem-Solving • Drug Treatment • Parenting/Family Centered Counseling • After-School/Educational Centers • Specialized Academic Programming • Intensive Structured Skill Training