Post on 03-Feb-2016
description
Understanding Understanding Disproportionate Minority ContactDisproportionate Minority Contact
in Onondaga County in Onondaga County
A project to reduce racial disparities in A project to reduce racial disparities in Onondaga County’s Juvenile Justice SystemOnondaga County’s Juvenile Justice System
Juanita Gamble and Emily NaPier Juanita Gamble and Emily NaPier Onondaga County Co-CoordinatorsOnondaga County Co-Coordinators
Presented by the Presented by the Center for Community Alternatives (CCA)Center for Community Alternatives (CCA)
What is DisproportionateWhat is DisproportionateMinority Contact (DMC)?Minority Contact (DMC)?
DMC occurs when the proportion of DMC occurs when the proportion of youth of color who pass through the youth of color who pass through the juvenile justice system exceed the juvenile justice system exceed the proportion of youth of color in the proportion of youth of color in the general population.general population.
DMC becomes worse as youth of color DMC becomes worse as youth of color pass through the system starting with pass through the system starting with arrest and ending with placement or arrest and ending with placement or incarceration. incarceration.
DMC NationwideDMC Nationwide
Across the country, low-level offending youth of Across the country, low-level offending youth of color and poor youth who come in contact with color and poor youth who come in contact with juvenile justice system are often put in detention juvenile justice system are often put in detention even though they do not pose a public safety risk. even though they do not pose a public safety risk. This This racial disparityracial disparity occurs because the decisions occurs because the decisions at various points in the juvenile justice system at various points in the juvenile justice system are often based on perception of family and are often based on perception of family and community or a lack of alternative programs.community or a lack of alternative programs.
Definition of Racial DisparityDefinition of Racial Disparity
Racial disparity in the Racial disparity in the justice system exists justice system exists when the proportion of when the proportion of a racial/ethnic group a racial/ethnic group within the control of within the control of the system differs from the system differs from the proportion of such the proportion of such groups in the general groups in the general populationpopulation..
Impact of DMCImpact of DMC
When low-level offending When low-level offending youth of color and poor youth of color and poor youth are jailed, the result is youth are jailed, the result is a negative impact on their a negative impact on their life outcomes, the local life outcomes, the local economy, and the economy, and the community’s public safety community’s public safety because jailed youth are because jailed youth are more likely to re-offend.more likely to re-offend.
How Does DMC Happen?How Does DMC Happen?
DMC can occur at any point in the DMC can occur at any point in the processing of a case in the juvenile processing of a case in the juvenile justice system from police contact to justice system from police contact to placementplacement
Decision-making based on race can Decision-making based on race can compound throughout the system compound throughout the system resulting in resulting in cumulative disadvantagecumulative disadvantage for youth of colorfor youth of color
Probation intake and development of diversion plan
Probation intake and petition to Family Court
Bring directly to court
Call Hillbrook to administer the RAI
Law Enforcement Options for Juveniles at Initial ContactLaw Enforcement Options for Juveniles at Initial
Contact
Warn and Release
Appearance Ticket for Probation Intake
Detain Pending Court Appearance
Youth Population vs. Juvenile Arrests
31
54
0
10
20
30
40
50
60
Onondaga County Youth Who Livein Syracuse
Onondaga County Juvenile ArrestsMade by Syracuse Police
Department
Per
cen
tag
e
Only 31% of the young people in Onondaga County live in Only 31% of the young people in Onondaga County live in Syracuse, but the Syracuse Police Department accounts for Syracuse, but the Syracuse Police Department accounts for 54% of the juvenile arrests made in Onondaga County.54% of the juvenile arrests made in Onondaga County.
What is Detention?What is Detention?
Detention is Detention is temporarytemporary while the while the young person’s case is pending.young person’s case is pending.
Detention may be secure or non-Detention may be secure or non-secure.secure.
The decision to detain a young person The decision to detain a young person may be made by a Family Court judge may be made by a Family Court judge or by Hillbrook staff and police using a or by Hillbrook staff and police using a risk assessment instrument (RAI).risk assessment instrument (RAI).
JD or JO?JD or JO?Juvenile DelinquentsJuvenile Delinquents
Minor OffensesMinor Offenses Juvenile OffendersJuvenile Offenders
Serious OffensesSerious Offenses
DefinitionDefinition At least 7 yrs old & less than At least 7 yrs old & less than 16 yrs old16 yrs old
A youth 13 to 15 yrs oldA youth 13 to 15 yrs old
Where case Where case decideddecided
Family CourtFamily Court County or Supreme CourtCounty or Supreme Court
Police ContactPolice Contact Taken into custodyTaken into custody ArrestedArrested
First court First court appearanceappearance
Initial appearanceInitial appearance Arraignment in Criminal Arraignment in Criminal CourtCourt
ProsecutionProsecution Deputy County AttorneyDeputy County Attorney Assistant District AttorneyAssistant District Attorney
Custody OptionsCustody Options Remand to secure or non Remand to secure or non secure detention or releasedsecure detention or released
Bail, ROR, remand to Bail, ROR, remand to secure detentionsecure detention
Legal Legal RepresentationRepresentation
Appointed Attorney for the Appointed Attorney for the ChildChild
Defense CounselDefense Counsel
How case decidedHow case decided Fact Finding HearingFact Finding Hearing Plea/TrialPlea/Trial
Judicial OptionsJudicial Options Dispositional HearingDispositional Hearing
-probation-probation
-placement with OCFS-placement with OCFS
-Adjournment in Contemplation -Adjournment in Contemplation of Dismissal (ACD)of Dismissal (ACD)
-conditional discharge -conditional discharge
-restitution-restitution
Sentencing, if convictedSentencing, if convicted
-probation-probation
-confinement in an OCFS -confinement in an OCFS secure facilitysecure facility
Race of 2010 JD Hillbrook Admissions
73%
18%
6%
1%
2%
Black
White
Latino
Native American
Other/Unknown
There were 103 admissions to Hillbrook in 2010. Of those, 73% There were 103 admissions to Hillbrook in 2010. Of those, 73% were African American, 18% were White, and 6% were Latino.were African American, 18% were White, and 6% were Latino.
Race of JDs at Hillbrook
0
2
4
6
8
10
12
14
16
18
Jan-
10
Feb
-10
Mar
-10
Apr
-10
May
-10
Jun-
10
Jul-1
0
Aug
-10
Sep
-10
Oct
-10
Nov
-10
Dec
-10
Jan-
11
Month
Nu
mb
er o
f Y
ou
ng
Peo
ple
Other/Unknown
White
Latino
Black
On any given day in 2010, black youth made up the On any given day in 2010, black youth made up the majority of JDs at Hillbrook.majority of JDs at Hillbrook.
2010 JD Admissions to Hillbrook
01020304050
Felon
y
Misd
emea
nor
VOP - New
Offe
nse
VOP - Te
chnic
al
OCFS W
arra
nt
Unkno
wn
Type of Offense
Nu
mb
er
of
Yo
uth
Other/Unknown
Latino
White
Black
Young people were most likely to be detained on felony charges, Young people were most likely to be detained on felony charges, followed by misdemeanor charges and technical violations of followed by misdemeanor charges and technical violations of probation. Black youth were overrepresented in all categories probation. Black youth were overrepresented in all categories except new offenses while on probation and OCFS warrants.except new offenses while on probation and OCFS warrants.
2010 African American JD Admissions to Hillbrook
55%
34%
11%
Felony
Misdemeanor
VOP - Technical
There were 75 African There were 75 African American admissions American admissions to Hillbrook compared to Hillbrook compared to only 19 White to only 19 White admissions.admissions.
African American African American youth were more youth were more likely to be detained likely to be detained on felony charges, on felony charges, while White youth while White youth were more likely to be were more likely to be detained on detained on misdemeanor misdemeanor charges.charges.
African American African American youth were more youth were more likely to be detained likely to be detained on a technical on a technical probation violation probation violation than White youth.than White youth.
2010 White JD Admissions to Hillbrook
42%
50%
8%
Felony
Misdemeanor
VOP - Technical
Family Court Process
Initial Appearance
Release HomeDetention
Probable Cause
Hearing
Convert to PINS petition
Adjournment in Contemplation of Dismissal
Fact Finding
Disposition
Conditional Discharge
Probation Supervision
Placement with local service provider
Placement with State Office of Children and Family Services
Cumulative DisadvantageCumulative Disadvantage
Law Enforcement Deployment
Appearance Ticket/ Warn & Release
Court Appearance/ Police Dropoff
Release/ Detention
Diversion
Petition to Family Court
Attorney for the Child
Probable Cause
Hearing
Fact Finding Hearing
Disposition
Probation Violations
Reintegration Services
Cumulative
Disadvantage
New York State DisparityNew York State Disparity
Black Youth as a Percentage of...
60
59
39
18
0 10 20 30 40 50 60 70
OCFS Secure Placements
NYS Youth Admitted to Secure Detention
NYS Juvenile Arrests
New York State Youth
Perc
entag
e
Population
Black youth are:Black youth are:
• Arrested 3.13 Arrested 3.13 times more oftentimes more often
• Detained 4.97 Detained 4.97 times more oftentimes more often
• Placed in secure Placed in secure facilities 4.75 facilities 4.75 times more oftentimes more often
than White youththan White youth
Onondaga County DisparityOnondaga County Disparity
Black Youth as a Percentage of...
72
61
62
40
16
0 10 20 30 40 50 60 70 80
OCFS Secure Placements
Cases Petitioned to Family Court
Hillbrook Admissions
Juvenile Arrests
Onondaga County Youth
Popu
latio
n
Percentage
Black youth are:Black youth are:
• Arrested 5.27 Arrested 5.27 times more oftentimes more often
• Securely detained Securely detained 1.42 times more 1.42 times more oftenoften
• Petitioned to Petitioned to Family Court 1.14 Family Court 1.14 times more oftentimes more often
than White youththan White youth
Project to Reduce DMC in Project to Reduce DMC in Onondaga CountyOnondaga County
The NYS Division of Criminal Justice The NYS Division of Criminal Justice Services (DCJS) has provided funding to the Services (DCJS) has provided funding to the Center for Community Alternatives (CCA) to Center for Community Alternatives (CCA) to work on reducing DMC in Onondaga County.work on reducing DMC in Onondaga County.
The work is part of Onondaga County’s The work is part of Onondaga County’s Juvenile Detention Reform Committee that Juvenile Detention Reform Committee that is made up of government agencies and is made up of government agencies and Family Court judges, who are often referred Family Court judges, who are often referred to as System Stakeholders. to as System Stakeholders.
Who are “System Stakeholders?”Who are “System Stakeholders?”
““System” stakeholders represent various junctures in System” stakeholders represent various junctures in the Juvenile Justice System such as:the Juvenile Justice System such as:
Public AgenciesPublic Agencies
Government agencies such as Probation Government agencies such as Probation Department, Syracuse Police Department, etc.Department, Syracuse Police Department, etc.
Family CourtFamily Court
Family court judges, attorney for the child, Family court judges, attorney for the child, prosecutorsprosecutors
DMC SubcommitteeDMC Subcommittee
A new DMC subcommittee is being A new DMC subcommittee is being created that will include youth, created that will include youth, parents, and other community parents, and other community stakeholders. stakeholders.
The DMC subcommittee will report The DMC subcommittee will report regularly to the Detention Reform regularly to the Detention Reform Committee and assist with strategies Committee and assist with strategies to reduce DMC.to reduce DMC.
DMC SubcommitteeDMC SubcommitteeThe DMC subcommittee will The DMC subcommittee will meet on a monthly basis to meet on a monthly basis to identify DMC at various identify DMC at various junctures in the Juvenile junctures in the Juvenile Justice System and discuss Justice System and discuss remedies for successful remedies for successful reduction of DMC. reduction of DMC.
The subcommittee will The subcommittee will review data from various review data from various points in the system so points in the system so that its recommendations that its recommendations for reform are for reform are data-data-drivendriven..
Who are “Community Stakeholders?”Who are “Community Stakeholders?”
““Community” stakeholders have connections to the Juvenile Community” stakeholders have connections to the Juvenile Justice System and to the neighborhoods that are affected by Justice System and to the neighborhoods that are affected by detention such as:detention such as:
Community LeadersCommunity Leaders
Capable of leveraging power to push the reform process Capable of leveraging power to push the reform process i.e. local clergy, mentors, community organizers, etc. i.e. local clergy, mentors, community organizers, etc.
Service ProvidersService Providers
Have established relationships with youth & families and Have established relationships with youth & families and the ability to provide programmatic options (alternatives the ability to provide programmatic options (alternatives to detention services) i.e. Boys & Girls Club, On Point for to detention services) i.e. Boys & Girls Club, On Point for College, Salvation Army, etc.College, Salvation Army, etc.
Community StakeholdersCommunity Stakeholders
Youth and ParentsYouth and ParentsOften have directly Often have directly experienced the juvenile experienced the juvenile justice system and can justice system and can provide insight into harmful provide insight into harmful experiences within the experiences within the system and what system and what changes/improvements are changes/improvements are neededneeded
““Change will not come if we wait for Change will not come if we wait for
some other person or some other time. some other person or some other time.
We are the ones we've been waiting for. We are the ones we've been waiting for.
We are the change that we seek.” We are the change that we seek.”
President Barack Obama