Juvenile Justice Reform Overview Miguel A. Fernandez, LCSW, CADC Assistant Deputy Commissioner

1. Juvenile Justice Reform Overview Miguel A. Fernandez, LCSW, CADC Assistant Deputy Commissioner Georgia Department of Juvenile Justice March 5, 2014

2. Juvenile Justice ReformOverview • Populations Changes: The new Juvenile Code redefines the population served in the community by specifying CHINS cases, the establishment of limits on restrictive custody for the two categories of designated felons, and the emphasis on youth being served in least restrictive settings. • Unified Data Collection: A statewide merged data collection for all of juvenile justice that will give full legal information from all juvenile courts. • Evidenced Based Practices: There is a new emphasis on evidenced based practices, services and assessments.

3. New Assessments: The development of a continuum of new validated assessments to include: • Pre-Disposition Risk Assessment, • Structured Dispositional Matrix, • Detention Assessment Instrument • Comprehensive Needs Assessment. • Administrative Caseloads: Allows for the establishment of administrative caseloads for youth who are assessed as low risk and have met all the requirements of their conditions of supervision.

4. The bottom line!!! • Status Offenders are now described as Children in Need of Services (CHINS); CHINS should not be detained except under limited circumstances and for a limited time. • Less lower risk youth will be confined in DJJ facilities. • Services for lower risk youth will be provided in the community. • Funding has been offered to counties through grants for community based services for youth.

5. Overview of House Bill 242 In 2011 Governor Nathan Deal appointed a Special Council on Criminal Justice Reform to develop recommendations on how to improve public safety and decrease costs in the justice system. In 2011, they issued recommendations for the adult system. In 2012, the Governor asked the Council to study the juvenile system. In December 2012, they issued recommendations that guided the new code and new reforms.

6. House Bill 242- Articles • Article 1- Provides clear definitions for the code section. • Article 2- Provides direction for the administration of the juvenile courts • Article 6- Provides direction on delinquency cases • Excludes statements made by child during intake, screening, treatment or evaluation for inclusion as evidence unless it is used to impeach a conflicting story in court. • Provides victims of juvenile crime same rights as provided in adult criminal proceedings. • Requires that a detention assessment be used to determine if the youth should be detained or released. • Allows for superior court to transfer some serious offense cases to juvenile court for extraordinary cause.

7. House Bill 242- Article 5 Article 5-Children in need of Services Child in Need of Services means: • A child adjudicated to be in need of care, guidance, counseling, structure, supervision, treatment or rehabilitation and who is adjudicated to be: • Truant • Habitually disobedient, ungovernable • A runaway (24 hours plus) • Guilty of child-only offense • Loitering after midnight • On probation for unruly • Hanging out in bars • Delinquent but not in need of treatment or rehab

8. CHINS- Why? (1) To acknowledge that certain behaviors or conditions occurring within a family or school environment indicate that a child is experiencing serious difficulties and is in need of services and corrective action in order to protect such child from the irreversibility of certain choices and to protect the integrity of such child’s family. (2) To make family members aware of their contributions to their family’s problems and to encourage family members to accept the responsibility to participate in any program of care ordered by the court. (3) To provide a child with a program of treatment, care, guidance, counseling, structure, supervision and rehabilitation that he or she needs to ass in becoming a responsible and productive member of society and (4) To ensure the cooperation and coordination of all agencies having responsibility to supply services to any family referred by the court.

9. How? Complaint and Petition • Complaint alleging a child is a child in need of services may be filed by parent/guardian, DFCS, a school official, a law enforcement officer, a guardian ad litem, or an attorney. • A petition alleging CHINS may be made by “any person” who “has knowledge of the facts alleged” and only if the court deems it in the child’s and public’s best interests. • Schools filing complaints and petitions must first show: • “Legally liable” district sought to resolve the problem through “available educational approaches” and • School has made efforts to engage parent without success. • When child is “eligible or suspected to be” for services under IDEA or § 504 must also show that IEP has been reviewed and modified as necessary

10. Changes in the Designated Felony Code Section • Recommendation 1: Create a two-class system within the Designated Felony Act.

11. New DF Code CLASS A • Murder (SB 440) • Attempted murder • Voluntary manslaughter (SB 440) • Rape (SB 440) • Aggravated sodomy (SB 440) • Aggravated child molestation (SB 440) • Aggravated sexual battery (SB 440) • Aggravated battery • Aggravated Assault • Hijacking of Auto- ETC…. CLASS B • Robbery • Attempted Kidnapping • Arson in 2nd Degree • Aggravated Assault with a deadly weapon • Aggravated Assault • Theft of a Motor Vehicle-2nd or subsequent • 4th or Subsequent when current and none of the other priors include felony against a person or sexual felony assault

12. 4 Tools • PDRA- Pre-Disposition Risk Assessment- In use since October 1, 2013 • SDM- Structured Dispositional Matrix- In use since October 1, 2013 • DAI-Detention Assessment Instrument-anticipated 4/15/14 • CNA- Comprehensive Needs Assessment- anticipated7/1/14

13. Pre- Dispositional Risk Assessment(PDRA) • 10 item tool completed after adjudication but prior to disposition • Will be done post adjudication- pre disposition • Will need to be done early in the process • Has information that must be gathered by interview with youth and parents/guardians • Has information that must be gathered from court recorders and schools • The PDRA gives the criminogenic risk level for each youth. The levels are: • Low • Medium • High

14. The Structured DispositionalMatrix • Prompted by legislative changes in Georgia and a recommendation of the Special Council that required the use of a pre-dispositional risk assessment • Evidence base for combining risk assessment with seriousness of offense to structure dispositional recommendations • The SDM is a two axis tool: 1st axis is risk level from PDRA and 2nd axis is the Offense Severity

15. Structure Dispositional Matrix

16. Reporting to the Court • The PDRA and SDM will be completed on each youth after adjudication and pre-disposition. • Each court will determine how the timing of this will occur. It may be necessary to complete the PDRA and SDM prior to the adjudication hearing if done on same day as the disposition. • JTS will print out a report that includes the PDRA score and the SDM recommendation on each youth.

17. Initiation Dates • The PDRA and SDM went into use on October 1, 2013. • The validation studies of these tools will begin once enough data is gathered through the use of these tools. The validation studies are anticipated for March 2015.

18. Initiation Dates • The PDRA and SDM went into use on October 1, 2013. • The validation studies of these tools will begin once enough data is gathered through the use of these tools. The validation studies are anticipated for March 2015.

19. The New DAI • Technical assistance for development of the new DAI assessment was contracted with the National Council on Crime and Delinquency (NCCD) in September 2013 • Internal DJJ Stakeholder group began work in July 2013. • Stakeholder Workgroups have meet in December 2013 and March 4, 2014 • Draft new DAI will be available by the end of March. • Pilot and training will begin March 2014. • Target date for the new DAI to begin is 4/15/14. • New DAI will be used by all Juvenile Courts and DJJ

20. Comprehensive Needs Assessment Technical assistance for development of the new CNA assessment was contracted with the National Council on Crime and Delinquency (NCCD) in September 2013 Work began internally in DJJ in July 2013 DJJ will continue to use the current CRN tool for all probated and committed youth through July 2014 Implementation of new instrument projected for August 2014

21. Next Steps • DJJ will be working in partnership with GOCF, CJCC, NCCD and the Casey Foundation to work with a group on Juvenile Court Stakeholders to develop the new Detention Assessment Instrument (DAI) and a new Comprehensive Needs Assessment (CNA). • The new tools are mandated in the Juvenile Code and will be used by all Juvenile Courts.

22. QUESTIONS