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Missouri Juvenile Justice 101

1995

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Missouri Juvenile Justice 101

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    1. Missouri Juvenile Justice 101 45 separate juvenile circuits 24 locally operated juvenile detention centers At age 17, a youth is considered an adult Juvenile court can retain jurisdiction until age 21 for abuse/neglect, status offenders, and law violators

    2. 1995 – As a result of the killing two public safety officers by juveniles, Missouri revised its’ juvenile code.

    10. Missouri Division of Youth Services Treatment Approach & Dual Jurisdiction Tim Decker, Director Bill Heberle, Deputy Director Brent Buerck, Program Administrator

    11. Missouri DYS - Statistical Overview 1,214 youth committed 82% Male; 18% Female 45% - 16 and over 10% - 13 and younger 65% from metro areas Committing offenses: 51% felonies 38% misdemeanors 11% juvenile offenses 32% educational disability 47% prior mental health 3,424 in case management 87.6% satisfactory discharge Recommitment rate 8.7% 18% achieve GED or diploma prior to discharge 70%+ progress faster rate than peers in core subjects Dept. of Corrections Involvement (3 years after discharge/class of 2003): 8.6% incarceration 24% adult probation

    12. Elements of the Missouri System Safety & Structure Safety 1st (public and youth) Focus on supervision and facilitation Human dignity and family-like small group environments (10 -12 youth) Disclosure and personal growth Humane Therapeutic Environment Group process/systems approach Behavior as a symptom of unmet needs and underlying issues Ongoing assessment/staff leadership Levels systems reflect treatment and change process Resistance to change normalized Healthy and caring adult/youth relationships Focus and build on strengths Family & Community Engagement Services provided in closest possible proximity to families & communities View youth in the context of family and community Family Inclusion – parents are the experts on their own youth Collaboration and partnerships - Community Liaison Councils Continuity of Care & Service Integration Comprehensive case management throughout youth’s stay in system Philosophical alignment of all services with vision, mission, and principles Driven by strengths and needs of youth and families – youth don’t fit the program, the program fits the youth Variety of options and levels of care – least restrictive environment (secure, moderate, community, day treatment) TIM BREAK INTO LOGICAL CATEGORIESTIM BREAK INTO LOGICAL CATEGORIES

    13. Elements of the Missouri System Leadership & Innovation Systemic and developmental approaches All leaders connected to the field and focused on young people & families Value innovation and embrace change Training and professional development are an “arm of management” Focus on ongoing program improvement and accountability Open, Inclusive, & Neutral Open communication – multi-directional within and outside the system Neutrality, beyond blame Healthy conflict resolution Decentralized decision-making Quality & Valued Staff Cultural representation – staff reflect the ethnicity/culture of the youth and families served Staff value youth, see their strengths, and believe they can change and become contributing members of society Ongoing learning and professional development Staff are knowledgeable about youth issues Staff throughout the system are involved in planning efforts; those working closest with youth and families have a powerful voice in the decision-making process Effective staff intervention in conflict and crisis situations

    14. Missouri Dual Jurisdiction Program Established 1995 RSMo 211.073 as part of Missouri’s Juvenile Crime Bill Dual Jurisdiction is a blended sentencing alternative in which the court may dually commit a certified youth offender to both the Division of Youth Services and the Department of Corrections. It allows the court to simultaneously invoke both a juvenile and adult sentence (the execution of which is suspended).

    15. Who is eligible? Certified youth offenders, provided the DYS Assessment is ordered prior to 17th birthday Males & Females DYS must be in agreement with all Dual Commitments

    16. What is the Process? Youth is certified Youth pleads or is found guilty in the court of general jurisdiction Court orders a DYS assessment Youth is sentenced

    17. DYS Assessment Considers: Seriousness of current offense – viciousness, force & violence involved Youth’s history – criminal & social Prior services received – juvenile probation, DYS commitment, etc. Mental health needs Amenability to treatment - attitude & motivation to participate in treatment & education services provided

    18. Program’s Length Length of individual placement varies but likely to range from 3 to 5 years Dependant, in part, upon: Youth’s progress in treatment Attitude of the committing court Seriousness of offense(s) Victim Impact & position Completion of education and treatment services available

    19. Extension Hearing Statute requires DYS to petition committing court to extend custody past the age of 18 Typically completed during the youth’s 17th year Court reviews youth’s progress to determine if continued placement is appropriate Extension grants DYS continued custody up to 21st birthday

    20. Release Process 6-12 months prior to release, youth begins transition phase of programming focused on community re-entry, re-socialization, and restorative justice DYS petitions court for release & hearing is held. Youth’s progress is reviewed and court makes release decision. Options include: Probation Revoke the suspension of the adult sentence

    21. Programmatic Safeguards DYS must agree to accept all Dual commitments (RSMo 211.073.1.2) DYS may petition the court to remove youth from the program if they are not amenable to treatment (RSMo 211.073.3) Extension Hearings required to retain a youth past age 18 (RSMo 211.073.4) DYS has developed, tested & implemented a diagnostic tool to determine if the Dual Commitment is appropriate

    22. Success of Dual Jurisdiction in MO All youth who have successfully completed the program have been released with the adult sentence remaining suspended Program results from 1996 inception - 2006 36 Youth Released (2 additional released in FY2007 but not captured here) 30 Successful; 6 Unsuccessful Of the 30 Successful releases, 6 went to prison 83% Success Currently 15 in program; cases pending

    23. Dual Jurisdiction Facility Montgomery City Youth Center Montgomery City, Missouri High Secure DYS Residential Program with Perimeter Fence 40 bed facility – divided into 4 cottages

    25. We propose: Upon the JJDP Act’s reauthorization, the JJDP Act be modified to allow a provision for dual jurisdiction Or that the definition of “adult inmate” be modified or eliminated Or that states operating these programs prior to the JJDP Act’s reauthorization be exempted or be analyzed on a state-by-state basis to be considered for a waiver

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