The Fact-Finding portion of the Deep End System Assessment is a two-part process that helps lay the foundation for a deeper analysis:

Transcription

1 Expanding JDAI t the Deep End System Assessment: Fact-Finding Prcess The Fact-Finding prtin f the Deep End System Assessment is a tw-part prcess that helps lay the fundatin fr a deeper analysis: a. Fact Questins: These questins will help yu rganize and dcument basic infrmatin abut the system s structure, functin, and practice. The questins are gruped by juvenile justice decisin pint in rder t help the System Assessment Team understand the fundamentals f lcal practice and plicy in yur jurisdictin. Remember that these questins are a precursr t a site visit in which stakehlders will have an pprtunity t explain nuances and cmplicatins that are difficult t reduce t a shrt written answer. b. Dcument List: Cllect and share relevant site dcuments including, but nt limited t, the nes identified in this starter kit. A. Fact Questins Please wrk with yur Deep End Team Leader t prvide written respnses t each questin belw, r indicate if yu are prviding a dcument that answers the questin. This symbl indicates that a sample frm, tl, plicy, statute, rule, r reprt may help answer the questin and shuld be shared with yur Deep End Team Leader and the system assessment team. INTAKE - In additin t law enfrcement, wh else can refer cases/cmplaints t juvenile curt, and hw? (e.g., schls, walk-ins, etc.) - Wh decides whether cases will be handled infrmally (diversin) r thrugh frmal prsecutin? (e.g., prbatin, intake, Family Divisin, prsecutr s ffice, ther curt staff) - Are there restrictins/guidelines n eligibility fr diversin? (e.g., all first- and secnd-time misdemeanrs, n persn felnies) If s, what are thse guidelines? Is there a statutry prvisin that prvides guidance abut when cases shuld be handled frmally v. infrmally? If s, des the statute allw r direct that the best interests f the yuth and cmmunity be taken int cnsideratin? Any ther restrictins/guidelines n diversin, including thse based in statute, written plicy, r unwritten plicy?

2 - What diversin ptins are available? (E.g., cunsel/clse, referral t services, specialized diversin unit that makes referrals, infrmal supervisin, etc.) - If infrmal supervisin is an ptin fr diversin, wh prvides that supervisin, and hw des it differ frm prbatin supervisin? LEGAL REPRESENTATION - What is the structure f the juvenile defense delivery system? Please check all that apply: Public Defender Cntract Attrneys - Hw and when are attrneys appinted fr yuth? - Hw is indigence determined? - Are yuth prvided with legal representatin thrughut the prceedings? Please check all that apply: Detentin Pre-trial mtins r hearings Adjudicatin Dispsitin DISPOSITIONAL DECISION-MAKING Appinted Cunsel Other (please explain) Pst-dispsitin/in custdy Prbatin Appeal Expungement and sealing f recrds - Is it cmmn fr adjudicatin and dispsitin t happen n the same day? Wuld yu estimate that adjudicatin and dispsitin ccur n the same day in mre than 50% f cases? If adjudicatin and dispsitin ften ccur n the same day, des prbatin have an pprtunity t make a dispsitinal recmmendatin t the curt? If s, what is the prcess? If adjudicatin and dispsitin ccur n different days, is the dispsitin hearing calendared after adjudicatin? Hw far ut? Are cntinuances cmmn? - Are written dispsitinal recmmendatins submitted t the curt fr cnsideratin? If s, wh makes thse recmmendatins? (e.g., prsecutr, prbatin, defense, multi-disciplinary staffing team, ther) Fr each party that makes written recmmendatins, what is typically included in the recmmendatin? Is a standard frm used? Fr each party that makes written recmmendatins, are recmmendatins made in: All Cases Mst Cases Sme Cases Rarely - Is a risk assessment instrument used fr purpses ther than detentin? When is the instrument administered? Wh administers it? 2

3 Was the instrument purchased r develped lcally? Has it been field tested? Validated? Examined fr racial/ethnic equity? When was the last time it was revised? - Are there any ther tls that guide dispsitinal recmmendatins and/r decisins? (e.g., statutry framewrk, dispsitinal matrix r Structured Decisin-Making grid, etc.) If yes, des that tl have statewide applicatin? - Are there specialty dckets, such as drug curt, gun curt, etc.? If s, what are they? - Are sme r all dispsitinal recmmendatins r decisins infrmed by a case-staffing prcess? If yes, what wuld prmpt a staffing? (e.g., adjudicated yuth is detained pending dispsitin, yuth is invlved with multiple systems, yuth is assessed as lw-risk/high-needs, upn judge s rder, etc.) Wh participates in the staffing? What s the purpse f the staffing? - Hw many judges have jurisdictin t hear status ffense and/r delinquency cases? - D thse judges als hear dependency cases? - Are there ther hearing fficers? If yes, what are they called? Hw many are there? What is the scpe f a hearing fficer s authrity in a status ffense r delinquency case? (e.g., can a hearing fficer rder an ut-f-hme placement at dispsitin withut judicial apprval?) Of all delinquency dispsitins, apprximately hw many are handled by hearing fficers ther than a judge? Mre than 75% 50-75% 25-50% Less than 25% - What are the mechanisms by which yuth can be tried as adults? (e.g. direct file, autmatic transfer, discretinary transfer, etc.) Is there a reverse waiver ptin i.e., des a criminal curt judge have discretin t remand a case t juvenile curt? Is there a dual-jurisdictin ptin? PROBATION STRUCTURE, FUNCTION AND PRACTICE - Is prbatin a state r lcal functin? Is it administered by the curt system? - Hw many prbatin fficers are in the department? Hw many carry supervisin caselads? - 3

4 - Hw is the prbatin department structured? Hw many supervisrs? Des each supervisr s team specialize in a type f case, a neighbrhd, etc.? Hw are cases assigned? What is the average caselad size? Des the department have specialized units? (e.g., sex ffense, gang, intensive, demand, etc.) What are they? Are there distinct supervisin levels e.g., lw, mderate, intensive? Wh determines the apprpriate supervisin level? Hw and when is that decisin made? Are cntact requirements established by written plicy? Can a PO increase r decrease (step up r step dwn) the level f supervisin withut ging back t curt? - Can a prbatin fficer clse a case withut ging back t curt? If yes, under what circumstances? If nt, hw is a case clsed? - Hw are prbatin cnditins set? Is there a standard set f cnditins? - Des the curt hld peridic review hearings fr yuth n prbatin, r are review hearings calendared nly upn request? - D prbatin rders give POs the discretin t require yuth t participate in a residential prgram withut ging back t curt? - Des yur jurisdictin have a graduated respnse/ sanctins grid? LOCAL PROGRAMMING - Des the curt r the prbatin department have a budget fr prgrams? - D yu receive state, federal, r private grant funds fr prgrams? - What prgrams are used mst ften fr diverted yuth? - What prgrams are used mst ften fr adjudicated yuth n prbatin? OUT-OF-HOME PLACEMENTS - Please list all types f ut-f-hme placements t which a yuth might be sent as a result f a delinquency r status ffense charge, including but nt limited t grup hmes, residential prgrams based in detentin 4

5 centers, residential treatment (i.e. substance abuse, mental health, sex ffense, etc.), lcal crrectinal placements, state crrectinal facilities, and ut f state facilities. - Is it pssible fr a yuth t be in a curt-rdered ut-f-hme placement while his/her legal status is prbatin? - Des the curt hld peridic review hearings fr yuth in ut-f-hme placements, r are review hearings calendared nly upn request? RE-ENTRY AND AFTERCARE - When des aftercare/ transitin planning start? - What is the legal status f yuth released frm cmmitment facilities? Frm ther ut-f-hme placements? (e.g., aftercare, parle, cnditinal release, prbatin, etc.) - What agency is respnsible fr aftercare services? (e.g. state, lcal; prbatin, parle, etc.) - Is a graduated respnse/sanctins tl used fr yuth n aftercare/parle/cnditinal release? - Can an aftercare/parle revcatin lead t an ut-f-hme placement withut first returning t curt? - Are any yuth n adult parle caselads after leaving a juvenile facility? If yes, under what circumstances? - Hw is an aftercare/parle case clsed? (Des the PO g back t curt? Des the term expire?) SYSTEM REFORM MANAGEMENT AND STRUCTURE - What data reprts are generated regularly? (e.g., annual, quarterly) - Hw ften des yur JDAI steering cmmittee/ cllabrative meet? - Wh is n yur JDAI steering cmmittee? - What subcmmittees are currently active? - Is there a yuth r family advisry cuncil r a structure in place t hear frm yuth and families? - What ther juvenile justice refrm initiatives are currently underway in yur state r lcal jurisdictin? (e.g., crssver yuth, SPEP, develpment f statewide graduated respnse grid, etc.) 5

6 B. Cllect and Share Relevant Dcuments A review f relevant site dcuments as part f a system assessment can prvide valuable insight t the wrkings f the lcal juvenile justice system. The dcuments listed belw will enable the Casey Fundatin s System Assessment team t gain a preliminary understanding f the fundamentals befre the site visit. Please include the fllwing dcuments as part f the system assessment prcess. The cmpilatin f these dcuments shuld ccur cncurrently with the Fact-Finding questins and shuld be prvided t Casey in advance f n-site interviews and fcus grups. DISPOSITIONAL DECISION-MAKING Risk and/r needs assessment instrument(s) used t infrm dispsitinal recmmendatins and caseplanning, including validatin studies r ther research and reprts (redacted) Sample Pre-Dispsitin Reprt (aka Scial Histry Investigatin, Pre-Sentencing Investigatin, etc.) Dispsitinal matrix (if ne exists) PROBATION PRACTICES Prbatin visin and missin statement Case plan template, tl r plicy/prcedures (redacted) Sample case plan Prgressive respnse grid/technical vilatins plicy Standard prbatin rder Cntact standards plicy NARROWING THE PIPELINE Intake and diversin plicies Any statutes r plicies cncerning status ffenses Any cllabrative agreement cncerning schl referrals (these agreements are typically negtiated by the curt, the schl system/district, and the relevant law enfrcement agency) COMMUNITY-BASED SERVICES, SUPPORTS, AND OPPORTUNITIES Existing list f prgrams/services available t curt-invlved yuth Any existing analyses f yuth needs, prgrams/services, and gaps Sample cntract with prvider OUT-OF-HOME PLACEMENTS List f ut-f-hme placements used as dispsitins (r as part f a dispsitin) in status ffense and delinquency cases, including but nt limited t cmmitment facilities, residential treatment centers, and grup hmes RE-ENTRY SUPPORTS Plicy/prcedure fr re-entry/aftercare planning (redacted) Sample aftercare plan Plicies regarding supervisin guidelines, (redacted) sample curt rder fr aftercare Prgressive respnse grid (if any) 6

7 COLLABORATION JDAI gvernance structure, including leadership grup and wrkgrups Member list fr existing JDAI leadership cmmittee Current JDAI wrk plan DATA-DRIVEN POLICY & PRACTICE Recent reprts (e.g., annual reprt, reprt card, r any ther data reprt generated regularly) RACIAL & ETHNIC EQUITY Member list and wrk plan f existing disparities reductin r DMC cmmittee Any recent reprts relating t disparities r verrepresentatin DEFENSE ADVOCACY Juvenile Cde purpse clause Juvenile defense practice standards, if any (redacted) Sample dispsitinal plan/recmmendatin Juvenile Cde prvisins and curt rules regarding: the right t cunsel the duties f a juvenile defense attrney appintment indigence waiver f cunsel plea agreements dispsitinal ptins review hearings pst-dispsitin representatin vilatins f prbatin, and transfer f yuth t adult curt 7