Presenter: Charisa Smith, Esq. JustChildren Program, Legal Aid Justice Center

1. Coming Home: A Brief Look at Reentry Issues for Virginia Families Presenter: Charisa Smith, Esq. JustChildren Program, Legal Aid Justice Center

2. Overview of Presentation: • Mission Statement of JustChildren’s Reentry Program • Background: “Best Practices” in Juvenile Reentry • What is Involved in Successful Reentry for My Loved One? • Legal Rights to Successful Reentry • JustChildren’s New Reentry Program • The Effects of a Juvenile or Criminal Record • Signs of Progress • What Can I do?

3. List of Handouts • Reentry Plans by AIM (1 Blank and 1 Sample) • 3 R’s of Reentry • Education / Job Training Handout • Virginia Dept. of Education Reenrollment Timeline • Healthy v. Unhealthy Relationships / Relapse Prevention • The Effects of a Juvenile or Criminal Record • Questionnaire for JustChildren Reentry Clients • AIM Needs Assessment Interview • Your Rights and the Police

4. Mission Statement of JustChildren’s Reentry Program • Young people returning from confinement in Virginia are in a unique position. They are reentering communities that need them to be leaders, workers, students, and active participants in civic life, policy-making, and family-building. Yet, these youth have been separated from such communities. Re-integrating youth need each individual in their family, community and government to extend a “welcome back” through educational reenrollment, vocational training, mentorship, recreational service provision, leadership development, and absolute necessities like housing, mental and physical health care, and family love.

5. Mission Statement of JustChildren’s Reentry Program, continued • Re-integrating youth are complex individuals, and they deserve to have all their needs addressed in a comprehensive—rather than piecemeal—way. Given adequate support, re-integrating youth can prove themselves an asset to both self and society. This program aims to give such youth the legal and social assistance, faith, inspiration, and tools to show their promise. Ultimately, this program also seeks too assure that incarcerated youth receive a comprehensive aftercare plan at DJJ intake, and to decrease the number of juvenile offenders in Richmond.

6. Background: “Best Practices” in Juvenile Reentry

7. Background: “Best Practices” in Juvenile Reentry, continued • Friendships with positive peers and adults help our youth’s mental health and adjustment. • With a solid, comprehensive reentry plan, juvenile offenders tend to stay away from future crime. An investment in juvenile reentry is therefore a clear investment in crime prevention. • Reentry planning saves the public money that would otherwise be spent on incarcerating youth later, or on supporting them when they have not achieved independence in adulthood.  (MacArthur Network Reentry Talking Points)

8. Background: “Best Practices” in Juvenile Reentry, continued • Promoting “youth development” as a juvenile justice strategy stops youth from crime. Youth development includes programs that concentrate on improvements in education, social skills, employability, leadership and other life skills, to stress the youth’s positive qualities. (Bazemore and Terry, 2001)   • Assure that youth are enrolled in school upon reentry. • Involve families and community-based service providers in reentry planning. • Assure that all aspects of development are addressed in the reentry plan. (MacArthur Network Reentry Talking Points)  

9. Background: “Best Practices” in Juvenile Reentry, continued • Reentry should begin with connections made while the youth is still incarcerated. Ideally, services parallel to reentry services would be provided in correctional facilities. (OJJDP, Children’s Law Center of MA) • Reentry should be a comprehensive process. Select parts of the process should not be separated, yet roles and responsibilities among agencies should be clearly defined. (JustChildren, OJJDP) • Reentry services should be individualized, culturally sensitive, flexible, developmentally appropriate for each youth, and take available community resources into account (OJJDP). Reentry services should be driven by goals and plans of the youth; and youth should be highly involved in their own reentry program. (Children’s Law Center of MA, Connect for Kids)

10. Background: “Best Practices” in Juvenile Reentry, continued • Referring re-integrating youth to evidence based services (such as Multi-Systemic Therapy (MST), Functional Family Therapy (FFT), Life Skills Training (LST), Big Brothers Big Sisters of America (BBBS), and Aggression Replacement Therapy (ART)) is crucial. (WA State Dept. of Social & Health Services; Univ. of CO Center for the Study and Prevention of Violence (CO CSPV)) • Contact levels between re-integrating youth, support staff, and supervising staff should be high at first. (See above cite, WA; OJJDP; JISP of NJ) • Caseloads of parole officers, probation officers, and aftercare workers should remain small for effective programming. (OJJDP) • Use of positive incentives and graduated consequences is advised. (OJJDP; Ibid., WA) • Treating the entire family as the intervention unit works best. (Ibid., WA; CO CSPV, JISP of NJ)

11. Background: “Best Practices” in Juvenile Reentry, continued • Keep in mind the young person’s level of resistance and attempt to bargain with him/her rather than attempting to coerce participation. (JustChildren) • The “Balanced and Restorative Justice” approach is effective in reentry programs. (OJJDP, Youth Law Center, Justice Policy Institute) • The large and small business community can be strong allies for reentry programs. (Former VA Governer Mark Warner, JISP of NJ, Our Piece of the Pie (CT))

12. When young people get in trouble and spend time in confinement, they will need help straightening things out. Reentry programs help youth make the most of the second chance that they deserve.

13. What is Involved in Successful Reentry for My Loved One? • Successful program completion (Families must press DJJ to make sure “mandated/required” programs are able to serve their loved one. Youth have been held longer than their LOS simply because there weren’t enough slots in a DJJ program.) • Good behavior in the facility. • Awareness of jealousy and sabotage on the ward (Thanks to Eileen Grey for insight).

14. Successful Reentry for My Loved One, continued (SEE SAMPLE REENTRY PLANS) • Juveniles need a reentry plan to help them • Reenroll back in school • Receive continuing mental and • physical health care • Obtain and keep housing • Obtain forms of identification • Get vocational training, college preparation, and/or employment • Become financially independent • Find transportation • Find mentors, positive peer groups, and other social supports • Improve family relationships • Create positive leisure time • Develop their personal emotional well-being

15. Successful Reentry for My Loved One, continued • Awareness about how difficult with starting over can be • Choices, choices! • Coping with seeing people you lost touch with • Trusting family to keep you safe again • Willingness to accept adults’ authority at home, on job, at school • Families’ ability to stop blaming selves for youth’s problems • Willingness to improve family relationships • Behavior change can’t last without values change • Everyone must take ownership of own behavior, own change, and future responsibility, but not harp on blame • Apologies mean a lot • See visits home as “practice,” educate the system on this (Institute for Family Centered Services – VA, 2007)

16. Legal Rights to Successful Reentry • Re-enrollment Planning: (SEE REENROLLMENT TIMELINE) As of January 2006, youth from Juvenile Correctional Centers are entitled to re-enrollment planning during incarceration, and to re-enrollment in school within 2 school days after release. 8 VA Administrative Code (VAC) 20-660-40. • JustChildren helped create these regulations • “Transition Team” and “Reenrollment Team” must meet to create a plan for youth’s reenrollment. • Records must be transferred on time. • These meetings often do not take place, and many people in the system do not know about these regulations. At the minimum, you should require that Treatment Team members, transition specialists, and p.o. engage in reenrollment assistance. • Some type of weekly counseling for your youth is REQUIRED by the regulations, after the youth reenrolls. Insist that counseling is provided.

17. Re-enrollment Planning: (SEE REENROLLMENT TIMELINE) • Confidentiality of youth’s records must be kept. • Youth and family must be considered in the drafting of Reenrollment Plan. • Go to the bottom right hand side of http://www.doe.virginia.gov/VDOE/studentsrvcs/ for a sample Reenrollment Form (Plan).

18. Legal Rights to Successful Reentry, continued • Mental Health Transition Planning: Youth receiving mental health treatment in a DJJ facility may be entitled to receive “mental health services transition planning” and treatment back in the community. 8 VAC 35-180-10 et seq. (These regulations are scheduled to be final in December 2007). • JustChildren helped create these regulations. • Facilities will review cases 90 days before release, to see if youth are eligible. • Youth, family, mental health professional, and facility staff are included in drafting a plan. • Plan will be developed at least 30 days before release, including applications for funding for services. (JustChildren thinks this should be done well before 30 days pre-release). • Plan will be reviewed every 90 days after youth’s release.

19. Legal Rights to Successful Reentry, continued • Work Release: The VA Administrative Code has regulations about juvenile work release programs. Natural Bridge had a pilot program, and now DJJ is expanding. Youth worked in local restaurants, car repair shops, and other businesses. See JustChildren to find out more about juvenile work release opportunities. 6 VAC 35-190-10 et seq. • Work release can be valuable for youth and can assist reentry. • NOTE: There is no “affirmative right to work release,” but families can press for these opportunities.

20. Legal Rights to Successful Reentry, continued • Post-dispositional detention programs: Some local detention centers have programs where youth can stay after their term in a JCC. They go to these centers to learn how to cope with life in the community. They connect with community services. They prepare for reentry. JustChildren can help find out if there is such a program in your area. There are limited slots. • Beaumont transitional cottages: DJJ is still working on cottages at Beaumont which will be a “step down” to reentry. Rules will be relaxed and youth will connect with community resources. However, they will still be at Beaumont, most likely far from their families and home. There are limited slots.

21. Legal Rights to Successful Reentry, continued • Transitional Parole Officers: In Richmond, Petersburg, and Fredericksburg, there are special parole officers that work with youth 60-90 days before release. They meet with youth weekly and prepare for their reentry. These officers have a limited caseload. • Special Education Entitlements: Youth with special ed needs have the right to attend public school or college until age 21, paid by the state. IEP meetings and special ed Transition Meetings are great ways to prepare for reentry. Insist on an IEP meeting before (and after) your youth is released. Release is a “change in placement.”

22. Legal Rights to Successful Reentry, continued • NOTE: “Best practices” shows that separating parts of the reentry process (like school reenrollment and mental health transition) is not the best way to go. See JustChildren for ways you can help change this.

23. JustChildren’s New Reentry Program,The Need: • Young people returning from Virginia’s Juvenile Correctional Centers (JCCs) have usually made significant progress. Virginia (DJJ & DCE) spends at least $100,707 per year to incarcerate each youth. Most young people who become incarcerated return to their communities while they are still young. • Surprisingly, a similar investment to the investment made in incarceration has NOT been made in juvenile reentry. Research shows that without a solid, far-reaching plan to help them transition back to their community, these children’s progress may be wasted, and the children may be tempted to commit future crimes.

24. JustChildren’s New Reentry Program,The Program: • Advocating for sound city and state-wide juvenile reentry policies. • Taking the cases of youth reentering the Richmond community and helping them plan for, and achieve, reentry. • Helping formerly incarcerated youth tell their stories.

25. JustChildren’s New Reentry Program,Key Goals: • To help Richmond develop a “best practices” approach to reentry. • To help previously incarcerated juveniles successfully reenter Richmond. • To promote community reentry “Welcome Centers,” as other cities and states have done. • To involve community-based and faith-based organizations in JustChildren’s advocacy work.

26. Why are reentry programs so important?

27. Because of the Effects of a Juvenile or Criminal Record (SEE THE HANDOUT) 1 in 5 Americans has a criminal history. Most youth get in trouble at least once. Juveniles found delinquent have NOT been “convicted of a crime” and can answer “NO” to that question. A juvenile court proceeding is a civil, not a criminal, proceeding. • Who has access to my child’s juvenile court file? Juvenile court records are generally “confidential”—protected from the public and press. But courts balance the potential harm caused to a juvenile with the public’s right to access information. • When juvenile records are not “confidential”: 1. Where “public interest” requires, a juvenile’s name and address, & the nature of the crime, are exposed for certain serious crimes. 2. Where “public safety” requires, law enforcement can get any information on a gang-related activity from an investigation of a juvenile. 3. Social, medical, and mental health records are open to certain public employees, the juvenile’s guardian, the juvenile (if age 18), and others with “a legitimate interest.” 4. For certain serious crimes, courts file a report with the school superintendent and notify the superintendent of the case’s result. § 16.1-305.1

28. More on Juvenile and Criminal Court Records • WHAT DOES ALL THIS MEAN? Other than in the situations just listed, NO ONE can get access to juvenile court records. If families are careful, they can be protected from eviction from public housing, and from unwarranted attention at school and in the community. DO NOT tell public housing authorities, or anyone who can put your family at risk, about your child’s juvenile offense. Certain entities (churches, nonprofits, treatment facilities) can help, but BE CAREFUL who you tell and who you give your records to. Also, school disciplinary records are NOT accessible to the public. • Circuit Court (criminal) recordsare public information. • “Expungement” and Destruction of Records: • Juveniles found innocent, or who have had their case dismissed, may file a motion requesting destruction of all records about that charge. Upon “expungement,” the crime will be treated “as if it never occurred.” § 16.1-306. Juvenile court records are also automatically destroyedeach year for juveniles who have turned 19 years old, if 5 years have elapsed since the last hearing. If the juvenile was found guilty of a vehicle crime (except parking), destruction occurs when the juvenile turns 29. However, police records are not destroyed at these times. Ask JustChildren how you can get involved to help.

29. More on Juvenile and Criminal Court Records • “Expungement” and Destruction of Records, continued: • If a person tried in Circuit (criminal) Court is acquitted, successfully pleads not guilty, has their case dismissed, or gets an absolute pardon, s/he may file a petition requesting “expungement.” If “expungement” occurs, they may deny the existence of the arrest, and employers, educational institutions, and occupational licensing authorities may not ask about expunged arrests.§ 19.2-392.4.

30. The Effects of a Juvenile or Criminal Record, continued Former offenders face many barriers after they’ve served their time: • Public School: Many public schools try to keep former offenders out of school even after they have served time. A juvenile must wait until their suspension or expulsion ends, but all students have the right to re-enroll. • Driving Privileges: Virginia revokes or suspends drivers licenses for driving under the influence (DUI) and drug-related convictions. In certain situations like child visitation, employment, and attendance of rehab programs, a “restricted license” can be obtained. VA Code Annotated §§ 18.2-271 and 46.2-390.1.

31. The Effects of a Juvenile or Criminal Record, continued • Employment: Employers can consider arrests and convictions. Employers are free to deny employment for that reason. • College Admission and Student Financial Aid: Many colleges ask applicants whether they have been in any “school or court disciplinary proceeding.” Typically, saying “yes” will not prevent acceptance into college, but denying the truth can lead to a denial of admission. Federal financial aid is denied to students who are convicted of drug-related offenses while they are receiving such aid. • Military Service: Each branch of the U.S. Military has its own requirements for enlisting people with juvenile and criminal records. • Voting Rights: All Virginia citizenson probation or parole, or who are incarcerated, are ineligible to vote.VA Constitution, Article. 2, § 1.

32. The Effects of a Juvenile or Criminal Record, (continued) • Public Benefits, Housing, and Food Stamps: People with drug-felony convictions dated after 1996 are ineligible to receive TANF (welfare) and food stamps. §§ 63.1-25.2 and -86.1. There are various bans on public housing residence depending on the type of offense. • Inability to Adopt or Formally Foster Children: There is a bar against adopting and fostering children for several offenses (child abuse and neglect; and violent, sexual and drug-related crimes, including juvenile felonies). Some misdemeanor offenders may adopt or foster if 10 years have passed since the conviction. § 63.1-198.1.

33. The Effects of a Juvenile or Criminal Record, (continued) • Sex Offenders: Anyone convicted or found delinquent of a sex offense on or after July 1, 1994, must register and re-register in the VA Sex Offender and Crimes Against Minors Registry. § 9.1-902. § 9.1-901. • Restoration of Lost Privileges: Virginia offenders may apply to have certain civil rights that are lost upon a felony conviction (the right to vote, hold public office, or serve on a jury) restored after completion of their sentence. Restoration of rights is granted about 60 to 100 times per year. Pardons are theoretically available, but none have been granted since January 2002.-Legal Action Center telephone Interview with Pattie Tucker, Director of Extraditions and Clemency, Secretary of the Commonwealth of Virginia (August 15, 2002).§§ 53.1-229 and -231.1.

34. So, are there any signs of progress with juvenile reentry in Virginia?

35. Signs of Progress • Trial in Juvenile Court for Subsequent Offenses: In the 2007 General Assembly session, the “Once an adult, always an adult” law was changed! Now, if a young person is tried in Circuit Court and not convicted, s/he can be the subject of a juvenile court case again, instead of having to be tried in adult court for new offenses. (House Bill 3007)

36. Signs of Progress, (continued) • JustChildren’s new Reentry Program • Meetings are under way between JustChildren and Richmond city officials, public agencies, and private parties about better reenrollment policies and a “best practices” model. • JustChildren’s report on the state of Richmond’s juvenile reentry situation will be released shortly. • JustChildren is now taking clients for reentry assistance. These youth must be returning to Richmond or its surrounding counties. • Meetings are under way between community and religious leaders and JustChildren, to discuss collaborations for juvenile justice advocacy.

37. What can I do? • Be a supportive, active/activist, well-informed person in your incarcerated loved one’s life. Demand successful reentry for them. • Spread the word about what you learn here. • Vote for politicians who represent your interests. Encourage your family and friends to vote, as well. • Become involved in community efforts to improve juvenile and criminal justice laws and practices (FAVY, JustChildren’s organizing network, church ministries, activist organizations).

38. What can I do? (continued) • Organize, or help community leaders to organize, an “Expungement Day” in your community. • Write your city councilman/woman, mayor, delegate, state senator, public agency officials, or U.S. Congressperson/Senator. • Go on the internet and investigate national juvenile justice reform organizations / efforts. Ask them how you can help. (See workshop presenter for more information).

39. What can I do? (continued) And remind everyone that SUCCESSFUL REENTRY = PUBLIC SAFETY!!!!!!!!!!!!!!

40. For more information, contact: JustChildren A Program of the Legal Aid Justice Center 123 E. Broad St. Richmond, VA 23219 (804) 643-1086 And take one of the presenter’s cards!

41. We are, after all, a COMMUNITY