JUVENILE JUSTICE REFORM ACT IMPLEMENTATION COMMISSION MEETING February 21, 2011 The Louisiana District Attorneys Association (LDAA) is a non-profit corporation whose mission is to improve Louisiana s justice system and the office of the District Attorneys by enhancing the effectiveness and professionalism of Louisiana s district attorneys and their staffs through education, legislative involvement, liaison and information sharing. By law, Louisiana s District Attorneys handle the prosecution of juvenile delinquency cases and most are also involved in the handling of formal FINS and CINC proceedings. As a result, the LDAA has been and continues to be a willing partner in juvenile justice reform throughout the state. Even before the passage of Act 1225 of the 2003 Regular Session of the Louisiana Legislature, several District Attorneys, along with legislators, judges and other Louisiana officials, visited the state of Missouri, toured their facilities and received briefings on, the Missouri model. Those in attendance were impressed with the Missouri program and their facilities, and became advocates of reform. Mark Steward, the architect of the Missouri model, warned that the biggest mistake that could be made was to reduce the number of youth in secure care, without first implementing the entire reform program, which included a broad range of intermediate sanctions. Unfortunately, we in Louisiana have not heeded the warnings of Mr. Steward and our Missouri counterparts. While we have reduced the number of youth in secure care from a high of over 2,000 to between 400 and 500 currently, this reduction has not been accompanied by the implementation of a system of graduated sanctions such as those which exist in Missouri. Eight years after the enactment of the Juvenile Justice Reform Act of 2003, we are, playing catch-up in the construction of the regional residential facilities which are so vital to the success of Missouri-style reform. These small-scale facilities, which place juvenile offenders in groups of 12-14, with a high staff-to-offender ratio, in a therapeutic environment, have been the critical component in reducing recidivism in the State of Missouri. They are also crucial to our success, but have been a key missing component in our efforts to reduce recidivism among those violent and/or chronic offenders who require secure care. It is also important that these facilities be strategically located throughout the state, as in Missouri, so that kids can be placed close to home to facilitate visitation and the involvement of families in the therapeutic process. 1
Currently, many of our judicial districts have few, if any, community-based services to offer as alternatives to secure care placement. It will be critical to the success of juvenile justice reform that the State of Louisiana adequately fund and develop evidence-based, best practices programs to deliver the services which are so desperately needed in most of our communities. The lack of adequate mental health and substance abuse facilities and the shortage of community-based treatment must be addressed for there to be effective juvenile justice reform. Approximately 40% of the youth in secure care have been diagnosed with severe mental illness, and as many as 75% have a diagnosable substance abuse disorder. Unfortunately, our public mental health and substance abuse care system remains underfunded and understaffed, so that our courts lack suitable alternatives to secure care for those who cannot afford, or otherwise fail or refuse to seek private care. As you know, Dr. Mary Livers was selected to head the office of Juvenile Justice in October of 2008. Although she has only held that position for a little over two (2) years, much progress has been made under her watch. The LDAA appreciates the assistance, cooperation and open dialogue which it has received from Dr. Livers since becoming the head of OJJ. However, if we want to see the kind of youth outcomes experienced in Missouri, the State of Louisiana must provide adequate funding and support to implement the entire Missouri-style reform program here in Louisiana. The LDAA believes that by taking a Balanced Approach to juvenile justice issues, our state will achieve the most optimal outcomes for our youth. Under a Balanced Approach, the juvenile justice system focuses on three (3) distinct, yet often overlapping goals: community safety, competency development and offender accountability. This approach recognizes that balance is truly the key and that overemphasis on any one aspect has severe repercussions in other areas. For example, a policy which focuses solely on public safety by increasing the number of youth in secure care will, at least, temporarily reduce crime rates, but the consequences to offenders and financial costs to the State and our communities will rise. On the other hand, focusing solely on rehabilitation of offenders by substituting community services for secure care may decrease costs, but may also severely compromise public safety. Balancing each of these goals while managing limited financial resources is often a challenge. Research overwhelmingly supports an approach that utilizes a spectrum or continuum of judicial responses depending on both the severity of the offense and the needs of the youth. This graduated sanctions continuum broadly consists of the following categories: 2
IMMEDIATE SANCTIONS (Diversion) where the majority of youth who are assessed to be low risk, many of whom are first-time offenders, are typically assigned to a diversion program where they often receive some form of counseling that keeps youth from formally entering the justice system. These youth are sanctioned for their behavior, usually through community service or restitution and, if compliant, do not have charges filed against them. Youth who are assessed to have service needs are referred to services within the community INTERMEDIATE SANCTIONS where the majority of youth who are assessed to be medium risk are assigned to a variety of community based corrections programs. These youth are usually those who have either continued to offend following diversion, or those who, based on the nature of their offense, are a more serious risk to the community. Intermediate community based programs include: home detention, intensive supervision, day and evening reporting centers, electronic monitoring and residential programs. Many of these programs also include a treatment aspect that utilizes a variety of intervention protocols to address the youth s underlying issues and reduce the chance of future offending. SECURE CARE when a juvenile offender is assessed to pose a high risk to the community, secure care may be the only reasonable option. RE-ENTRY programs provided during the period of supervision following release from secure care to prepare the youth to assimilate into the community. Throughout the reform process, the LDAA has collaborated whenever possible with stakeholder agencies to support juvenile justice reform. In keeping with this dedication to reform, LDAA accepted a Mac Arthur Foundation Models For Change grant in 2008. The LDAA appreciates the opportunity to have been chosen for such a grant and acknowledges the importance that the Mac Arthur Foundation has played in moving Louisiana along in its efforts to bring about meaningful juvenile justice reform. This grant enabled LDAA to further enhance its role in the reform process. The primary goals of the grant include: 1) evaluating the current availability and use of diversion and community based graduated sanctions in Louisiana; 2) educating District Attorneys and other juvenile justice professionals on best practices in diversion and graduated sanctions, and; 3) developing juvenile diversion guidelines and recommendations on graduated sanctions in Louisiana. 3
In order to effectively achieve these goals, LDAA developed a ten member Juvenile Justice Task Force, consisting of four (4) elected District Attorneys and six (6) Assistant District Attorneys. As a result of the Mac Arthur Foundation Models For Change grant, the LDAA has developed and approved juvenile diversion guidelines and a toolkit for dissemination to its memberships statewide. It will also offer hands-on technical assistance to those District Attorneys and juvenile justice professionals who request it. Additionally, I was fortunate enough to be selected to serve on a national advisory board that recently received and evaluated a comprehensive juvenile diversion guidebook, outlining sixteen (16) steps for planning and/or evaluating a juvenile diversion program. This guidebook is in the final stages of completion and should be available for nationwide distribution within the next six (6) months. The LDAA has made a commitment to assist in the dissemination of this product to its membership. The LDAA has also offered several training opportunities to its membership covering a wide range of juvenile justice issues, which training opportunities have been well attended and received by the membership. In the days ahead, we will be working toward the completion of two (2) very important training goals. The first is to create a training module for juvenile prosecutors. The module is contemplated to include handouts, legal forms, resource materials and power point presentations for each topic that can be accessed and used by the various District Attorney offices in this state. The LDAA recognizes the need to train newly elected District Attorneys and offers a Newly Elected District Attorney orientation Seminar every six (6) years. This is especially important in those election years which result in a significant turnover among elected District Attorneys. The LDAA will add a detailed juvenile justice component to this seminar. The training for the District Attorneys and their assistants would include topics such as alternatives to formal processing, adolescent development, evidence based practices, data and reporting, case screening and charging and juvenile criminal law and procedure. The Juvenile Justice Task Force of the LDAA has recently completed its evaluation of and recommendations regarding Graduated Community-Based Alternatives To Secure Care and anticipates that it will be approved by the LDAA at its upcoming mid-year meeting of the elected District Attorneys, scheduled for next month. Finally, I would point out that many of the District Attorneys throughout Louisiana operate or are deeply involved in the operation of informal FINS programs, truancy programs, such as TASC or prosecutor early intervention programs, such as that operated by District Attorney Phil Haney. Each of these programs are rapid response, early intervention programs that rely upon case managers charged with the responsibility of matching youth and their families with appropriate service providers. These programs 4
are important alternatives to formal court processing designed to avoid penetration of those youth into the deeper, more costly end of the juvenile justice system. It is imperative that the State of Louisiana continue to fund these efforts and provide adequate, appropriate and timely services to the youth participating in those programs, especially in the rural areas of the state. Without those expenditures and services, we will see more and more youth penetrating the deeper, more costly end of the juvenile justice system. If that occurs, the cost of that deeper penetration will far exceed the monies that need to be spent on expanding these programs and the services they access. The District Attorneys of this state remain committed to the development and implementation of a complete system of graduated sanctions from FINS, truancy programs, appropriate diversion, early intervention, and community-based services, to secure care in a therapeutic environment, when necessary. As constitutional elected representatives of the public, District Attorneys must weigh and balance the following factors when considering the disposition of juvenile cases: 1) the interest of victims; 2) the safety of our communities, and; 3) the demands of justice, including deterrence and punishment where appropriate. As a state, we must continue with our efforts to strike an appropriate balance, among those often competing interests, even in these difficult financial times that we are facing. 5