Ohio's Juvenile Justice System

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Transcript of Ohio's Juvenile Justice System

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a statewide coalition of over 475 organizations working together to promote health and human service budget and policy solutions so that all Ohioans live better lives.

Advocates for Ohio’s Future is…

Erin DaviesExecutive Director

Ohio Juvenile Justice Coalition

JUVENILE JUSTICE IN OHIO

Erin Davies, Executive DirectorJuvenile Justice Coalition

edavies@jjohio.org

Juvenile Court 101: Purpose of The Juvenile Court

To provide rehabilitation and treatment to youth to hold them accountable and maintain public

safety, while recognizing fundamental differences between

youth and adults.

Juvenile Court 101:Youth Development•Adolescent brain development•U.S. Supreme Court case law

– Roper v. Simmons, 543 U.S. 551 (2005)– Graham v. Florida, 130 S.Ct. 2011 (2010)–J.D.B. v. North Carolina, 131 S.Ct. 2394 (2011)

–Miller v. Alabama, Slip Opinion No. 10–9646 (2012)

Juvenile Court 101:Terminology

Adult Term Juvenile Term DefinitionFound guilty

Adjudicated delinquent

Court determines you committed an offense

Sentence Disposition Punishment for committing an offense

Jail Detention Pre-trial secure placementPrison Correctional

facilityPost-trial secure placement

Probation Probation Part of sentence/disposition for committing crime

Parole Parole Conditional early release from a locked facility

Juvenile Court 101:Ohio’s Juvenile Justice SystemUnique things:•“Home rule” state – 88 counties do things 88 ways

•For offenses committed before the age of 18, juvenile court has jurisdiction over youth up to age 21

•Data challenges

Juvenile Justice Involvement: Type of YouthWhat type of youth come before juvenile courts?•Abuse, neglect, and dependency cases (A/N/D)

•Custody cases•Youth accused of status offenses (i.e. underage drinking, truancy, running away from home)

•Youth accused of delinquency offenses

Juvenile Justice Involvement: Courts’ ResponsesWhat are the courts’ levels of responses to youth?

Prevention

Referral to juvenile court

Diversion or specialized docket

Adult court

Juvenile Justice Involvement: Courts’ Responses – Adult Court

Age Where Tried

Where Sentence Served

Basis for Adult Court Involvement

Bindover 14+ Adult Court Adult System Age, offense, and

other factorsSerious Youthful Offender (SYO)

10+ Juvenile Court

Juvenile System and Potentially

Adult System (after age 14)

Age, offense, and other factors

Youth Over 18 in Juvenile Court

18-21 Juvenile Court

Juvenile System and Adult System Age

Juvenile Justice Involvement:Education ContextJuvenile justice involvement level

Education context

Prevention School responder programDiversion Youth caught with drugs in school, placed

in drug court diversion programStatus offense TruancyDelinquency offense

Behavioral problems that come to the attention of the court (i.e. fight on the bus)

SYO/Bindover High level delinquency offenses (i.e. school shootings), but can be any felony over the age of 14

Juvenile Justice Reforms:Goal

Moving toward a “right sized” system that ensures an individually tailored, evidence-based appropriate response for each youth designed put youth on

the right path.

Negative Impacts of Juvenile Justice System InvolvementOverly punitive responses are:•Expensive•Ineffective and may actually reduce public safety•Reduce youth’s ability to develop skills needed for positive adulthood

•Create collateral consequences for youth, including for employment

Negative Impacts - Detention•Research shows that :- Detention is one best predictors of recidivism. - Youth who spend any amount of time in detention are more likely to abuse substances, less likely to complete high school, less likely to find employment, and less likely to form stable families.

- Detention ($60-$136/day) is more expensive than community-based alternatives, like electronic monitoring and day reporting programs ($3.75-$50/day).

Popu

lation

Felon

y Adju

dicati

on

Committe

d to D

YS

Adult C

ourt

0%20%40%60%80%

17%

51% 60%83%80%

44%31%

16%6% 3% 7%

Race/Ethnicity in Ohio's JJ System

Black White Latino

Relative Rate Index (RRI) Numbers  White Black HispanicArrest 1.0 3.12 0.31Refer to Juvenile Court 1.0 1.11 1.97Diversion 1.0 0.60 0.82Detention 1.0 1.51 1.54Petitioned 1.0 1.02 0.89Delinquency 1.0 .97 0.97Probation 1.0 .89 1.28DYS 1.0 1.66 1.27Adult Court 1.0 8.95 7.96

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Juvenile Court Reforms:How Do We Get ThereGoal: Reducing recidivism•Low reoffending risk – Diverted from the juvenile justice system altogether

•Moderate or high reoffending risk – Subject to the minimal level of supervision and control consistent with public safety and be provided with appropriate, effective therapeutic services

•Recognize that “punishment beyond that which is inherent in the level of control necessary for public safety is likely to be counter-productive to reducing recidivism.”

Juvenile Justice Reform:National TrendsMoving Away From: Moving Towards:Placing youth in locked facilities

Community-based programming alternatives

Prosecuting youth in adult court

Keeping youth in juvenile court

One-size-fits-all approach Assessing youth’s individualized needs and appropriate responses

“Gut feelings” about what works or what youth need

Utilizing evidence- and research-based assessments and programs

Long-term collateral consequences

Minimizing collateral consequences

Reform Example:

Ohio’s Deincarceration Programs

Ohio’s Initiatives - ProgramsProgram name: Purpose: Results:OYAS Instrument to assess youth’s

needs/risks at each point of the juvenile justice system

Provides objective, risk-based recommendations to juvenile courts

JDAI Ensure only youth who are a threat to the community are detained pre-trial

Detention reductions in 5 counties averaging 27%

RECLAIM and Targeted RELCAIM

Direct youth away from DYS and into community-based programs (Targeted RECLAIM requires the program to be evidence-based)

Lower recidivism rates; over 50% reduction in DYS facility populations

BHJJ Provides evidence-based, community-based programs for youth with serious mental health or substance abuse needs

Increased school attendance, reduced out of home placement, decreased substance use and recidivism

Competitive RECLAIM

Gives counties and technical assistance to use outcome-based programs to 1) divert low-risk youth, 2) keep medium- and high-risk youth safely in their communities, and 3) create multi-county efforts.

N/A

Bindovers Are Down

01 02 03 04 05 06 07 08 09 10 11 12 13 14150

200

250

300

350

400

279307

264

234

292297 315

319362

303283

205

163158

Fiscal Year

Num

ber o

f You

th B

ound

O

ver

Felony Adjudications Are Down

05 06 07 08 09 10 11 12 13 143000400050006000700080009000

10000875290908854

79997103

65115654

507446364674

Racial and Ethnic Disparities (RED)National Efforts:• Federal law requires states to “address” disproportionate minority

contact with the juvenile justice system• No “silver bullet”– successes have been locally driven and purposeful with:‐ Carefully selected leadership teams‐ Quality-driven data collection and analysis‐ Using objective screening and assessment instruments, and ‐ Creating and monitoring plans to reduce RED.

Racial and Ethnic Disparities (RED)Ohio Efforts:• Since 2007, Ohio has devoted most of its federal funding to

reducing RED‐ Focus on 14 counties that have 86% of the minority youth in the

state‐ Each county has done an assessment led by DYS‐ Efforts have been targeted at African-American youth in

prevention and early intervention programs• Programs: Mentoring, life skills, diversion, truancy and school-

based interventions

JJC’S ROLE

JJC’s Work:•Track statewide policies on juvenile justice issues – legislative, regulatory, and local policies

•Increase public education and involvement with juvenile justice issues, including leading visits to juvenile justice facilities

•Increase the participation of youth who were involved in the juvenile justice system and their families

•Provide trainings and technical assistance•Participate in coalitions

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WRAP UP

How Can You Get Involved?•Sign up for JJC’s listserv – www.jjohio.org•Follow JJC on Twitter: @ohiojjc•Help us connect with youth who have been through the system or their families who are willing to share their story

•Have JJC come give a talk about the juvenile justice system and how to get involved

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Juvenile Justice Reform:Program AcronymsAcronyms:• JDAI – Juvenile Detention Alternative Initiative• RECLAIM - Reasonable and Equitable Community and Local

Alternatives to the Incarceration of Minors• Targeted RECLAIM – evidence-based version of RECLAIM• OYAS – Ohio Youth Assessment System• BHJJ- Behavioral Health Juvenile Justice Initiative• MST – Multi-Systemic Therapy