Community Solutions for Kids in Trouble

1. Community Solutions for Kids in Trouble Benet Magnuson, J.D. Policy Attorney Texas Criminal Justice Coalition bmagnuson@TexasCJC.org

2. February 2007

3. Texas Juvenile Justice System 2006

4. Deescalating the System • 2007 • SB 103:No misdemeanants in TYC • Grants X and U: community-based supervision • 4 TYC facilities closed • 2009 • HB 3689: Reentry planning, family involvement • Grant C: community-based diversion programs • 2 TYC facilities closed • 2011 • SB 653: Merged TYC and TJPC into TJJD • Grant C target commitment level dropped to 1,111/yr • 3 TYC facilities closed, and Mart I & II consolidated

5. 2006 2011 Referred: 73,239 55,145 Detained: 52,225 27,143 Probation: 21,008 16,601 Secure Post: 5,107 2,616 Committed: 2,912 956 (State Facilities) 16 6 Certified: 218 173

6. Texas Juvenile Justice System 2006

7. Texas Juvenile Justice System 2011

8. Deescalating the System SB 653 TJJD Goals: • … reduce the need for out-of-home placement • increase reliance on alternatives to placement and commitment… • locate the facilities as geographically close as possible… • encourage regional cooperation … • enhance the continuity of care… • use secure facilities of a size that supports effective youth rehabilitation and public safety

9. Questions on the Future of Reform • Are we heading in the right direction? • Do communities have sufficient capacity? • Next steps?

10. TCJC Youth Justice Initiative • Secure facilities visits in 10 counties • Interviews with staff and youth • Interviews at 2 state secure facilities • 115 boys at Giddings • 50 girls at Ron Jackson • Data from all 165 county departments • Review of policies from 13 counties • Funding survey of 73 county departments

11. Are we heading in the right direction? • Safer for youth and staff • Access to family • Lower staff turnover • Less expensive • Legislative Mandate • Access to community resources

12. Survey at Giddings (boys) state facility

13. Survey at Ron Jackson (girls) state facility

14. Survey at Giddings (boys) state facility

15. Survey at Giddings (boys) state facility

16. Survey at Giddings (boys) state facility

17. Are we heading in the right direction? • Safer for youth and staff • Access to family • Lower staff turnover • Less expensive • Legislative Mandate • Access to community resources

18. Survey at Giddings (boys) state facility

19. Survey at Ron Jackson (girls) state facility

20. February 2007 “The families often live very far away, and there are no political repercussions for failing to do their [TYC and local prosecutors’] jobs.”

21. Are we heading in the right direction? • Safer for youth and staff • Access to family • Lower staff turnover • Less expensive • Legislative Mandate • Access to community resources

22. County vs State Turnover • County (Bexar) • 25% (2010) • 21% (2011) • State (TJJD) • 30% (2010) • 40% (2011)

23. Survey at Giddings (boys) state facility

24. Survey at Ron Jackson (girls) state facility

25. Survey at Giddings (boys) state facility

26. Survey at Ron Jackson (girls) state facility

27. Are we heading in the right direction? • Safer for youth and staff • Access to family • Lower staff turnover • Less expensive • Legislative Mandate • Access to community resources

28. Cost per youth per day • State Secure Facility: $367 • County Post-Adjudication: $137 • Community Intensive Supervision: $30 • Community Supervision Services: $23 • Counties implementing best practices save millions more

29. Are we heading in the right direction? • Safer for youth and staff • Access to family • Lower staff turnover • Less expensive • Legislative Mandate • Access to community resources

30. Legislative Mandate SB 653 TJJD Goals: • … reduce the need for out-of-home placement • increase reliance on alternatives to placement and commitment… • locate the facilities as geographically close as possible… • encourage regional cooperation … • enhance the continuity of care… • use secure facilities of a size that supports effective youth rehabilitation and public safety

31. Are we heading in the right direction? • Safer for youth and staff • Access to family • Lower staff turnover • Less expensive • Legislative Mandate • Access to community resources

32. Questions on the Future of Reform • Are we heading in the right direction? • YES: Keep kids close to home and connected to community • Do communities have sufficient capacity? • Next steps?

33. Questions on the Future of Reform • Are we heading in the right direction? • Do communities have sufficient capacity? • Next steps?

34. (Very) Insufficient Funding Is current funding for county juvenile probation departments sufficient to implement best practices for reductions in juvenile crime and recidivism? • Very insufficient: 11% • Insufficient: 64% • Sufficient: 25% • More than sufficient: 0%

35. Community Priorities Please rank by need of increased funding at your department: • Mental Health Services 2. Community Alternatives to Detention 3. Family Involvement Programs

36. Mental Health and Trauma • Texas ranks last in mental health funding • 1/3 of probation youth have a diagnosed mental illness • Only 1/4 of those diagnosed youth receive mental health treatment

37. Mental Health and Trauma • 1/2 of referred youth report past traumatic experience • 1/2 of girls at Ron Jackson: Probation did not help to deal with past trauma • Trauma experience is the biggest predictorof increasingly severe placements for youth • Wide variation in county responses to mental health

38. County Successes • Coordination is Key • Texas Front End Diversion Initiative • Mobile Crisis Outreach Teams • Bexar County Trauma-Informed Care • Need for more county trauma-informed programs

39. Survey at Ron Jackson (girls) state facility

40. Pre-adjudication Detention (2011) • 16,700 youth spent more than 10 days • 11,000 for non-felony offenses • 5,600 spent more than a month • 3,400 for non-felony offenses • 600 spent over 100 days • 280 for non-felony offenses • Average length of stay in detention: 14 days

41. Pre-adjudication Detention • Texas law disfavors detention • It does not reduce recidivism for most youth • Itis 7 times as expensive as intensive supervision • Varies widely from county to county

42. Average Days in Detention 1. Harris County: 29.25 days 2. Hidalgo County: 29.19 days 3. Fort Bend County: 28.21 days 4. Bexar County: 24.52 days 5. Smith County: 24.14 days 6. Dallas County: 22.82 days … 31. Tarrant County: 12.05 days … 43. Williamson County: 10.18 days

43. County Successes

44. County Successes

45. Seclusions and Restraints • In 2012 in county facilities: • 6,173 physical restraints • 36,820 seclusions (likely thousands >24hrs) • Especially problematic for traumatized youth or youth with disabilities • Injuries are very costly • Policies and procedures vary widely from county to county

46. County Successes

47. Chemical Restraints (Pepper Spray) History of abuse: • Ohio (2011) “Pepper spray was used in cases where youth were handcuffed or locked securely in their rooms.” • Louisiana (2010) “Inappropriate and dangerous use of chemical agents…” • Texas (2007) “…significant increase in the use of OC spray, particularly for youth with mental illness or serious emotional disturbances.” • Mississippi (2003) “Staff, evidence shows, made liberal use of pepper spray - even spraying juveniles already in restraints.” • California (2001) “Excessively and without sufficient warning…”

48. Chemical Restraints (Pepper Spray) • Use follows policy: • Used 216 times in one state facility in 2011 • Used 0 times in all county facilities in 2011 • 2013?

49. Family Involvement • Higher involvement lowers recidivism for youth and siblings • Many county visitation policies allow only for the minimum required visitation opportunities (30 minutes every seven days)

50. County Successes • Family Functional Therapy (FFT) • Multi-Systemic Therapy (MST) • Parenting with Love and Limits (PLL) • Parent Project, Family Preservation, others