Middlesex County Prosecutor s Office. Investigating Child Sexual Abuse. Christopher J. Penna Captain of Detectives

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Transcription:

Middlesex County Prosecutor s Office Investigating Child Sexual Abuse Christopher J. Penna Captain of Detectives

Some Hurdles. not obstacles Done in secrecy Fear & reluctance Delayed disclosure Recantation

To Begin. The key to a successful investigation is to focus on corroborating the statement of the victim.

Investigation Every one must be done like its your first Interview of Victim Interview of the Fresh Complaint Witness Interview of the Non-offending Parent Evidence Collection Interview of the Offender

When we interview the victim we look for.. Details that have the Ring of Truth

Interview of the Victim Victim under age 13 State V Kelly Michaels Once tainted the distortion of the child s memory is irremediable

Interview of the Victim Interviewer must show sensitivity and compassion Obtaining details Prove or disprove a motive to fabricate

Fresh Complaint Witness Exception to the Hearsay Rule Determine circumstances of the disclosure Demeanor of victim when disclosing Details of disclosure

Interview of non-offending parent Gain history of family dynamics Behavior of victim before and after assault Suspects response to the allegation Distinctive anatomical features of suspect scars, tattoos birth marks, etc... Corroborating victims statement

Evidence Collection Victim- Medical examination, clothing, etc... Suspect- Exemplars, clothing, etc. Scene- Bed sheets, clothing, bodily fluids, photos, souvenirs, etc...

Interrogation The defendant s own confession is probably the most probative and damaging evidence that can be admitted against him. Justice Byron White Bruton vs. U.S.

Interrogation Must Not Let The Child Stand Alone Must be Prepared Understand the Typologies Must make good first contact Must obtain statement legally without threats, coercion or promises.

Thank you for what you do! Captain Christopher J. Penna (732)-745-4102 christopher.penna@co.middlesex.nj.us

SEXUAL CRIMES AND THE CRIMINAL JUSTICE SYSTEM PETER J. BOSER, ESQ. SENIOR LITIGATION COUNSEL (RET.) MONMOUTH COUNTY PROSECUTOR S OFFICE

RESULTS OF INVESTIGATION INVESTIGATION CLOSED NO CHARGES DCPP ACTION ONLY CRIMINAL CHARGES

DIVISION OF CHILD PROTECTION AND PERMANENCY (DCP&P) FORMERLY DIVISION OF YOUTH AND FAMILY SERVICES (DYFS) CP&P IS RESPONSIBLE FOR INVESTIGATING ALLEGATIONS OF CHILD ABUSE AND NEGLECT AND, IF NECESSARY, ARRANGING FOR THE CHILD'S PROTECTION AND THE FAMILY'S TREATMENT. ULTIMATE ARBITER IS FAMILY COURT LOWER BURDEN OF PROOF

NEW JERSEY CRIMINAL OFFENSES AGGRAVATED SEXUAL ASSAULT SEXUAL ASSAULT AGGRAVATED CRIMINAL SEXUAL CONTACT CRIMINAL SEXUAL CONTACT LEWDNESS ENDANGERING THE WELFARE OF A CHILD LURING ASSAULT PORNOGRAPHY/ INTERNET CRIMES

COMPLAINT CRIMINAL COMPLAINT SIGNED SUMMONS VS. WARRANT (MANDATORY WARRANT FOR THE MOST SERIOUS CRIMES) PRE-TRIAL DETENTION (BAIL REFORM) IF ELIGIBLE, PROSECUTOR CAN REQUEST DETENTION IN JAIL DEFENDANT SHOULD BE RELEASED UNDER LEAST RESTRICTIVE CONDITIONS TO ASSURE RETURN TO COURT AND PREVENT NEW CRIMES SPECIAL RELEASE CONDITIONS MAY BE IMPOSED: ELECTRONIC MONITORING, HOUSE ARREST, RESTRICTED PERSONAL ASSOCIATIONS, AND OTHERS

GRAND JURY/INDICTMENT GRAND JURY MUST DECIDE IF DEFENDANT WILL CONTINUE TO FACE THE CHARGES DID A CRIME OCCUR AND DID THIS PERSON PROBABLY COMMIT IT? SHOULD HE/SHE STAND TRIAL? NOT GUILT OR INNOCENCE CLOSED PROCEEDINGS, DEFENDANT (OR ATTORNEY) DOES NOT HAVE RIGHT TO BE PRESENT 23 JURORS, DECIDE BY MAJORITY, NOT UNANIMITY GRAND JURY RESULTS: NO BILL (DISMISSAL), REMAND (LOWER COURT), OR INDICTMENT GRAND JURY CAN ADD CHARGES, REMOVE CHARGES AND/OR MODIFY CHARGES

STATUTE OF LIMITATIONS MOST CRIMES HAVE STATUTE OF LIMITATIONS OF 5 YEARS BIG EXCEPTION IS MURDER STARTING IN 1980S, NJ RECOGNIZED DIFFICULTY OF CHILDREN REPORTING ABUSE A NUMBER OF EXPANSIONS WERE IMPLEMENTED 5 YEARS AFTER CRIME OR 2 YEARS AFTER TURNING 18, THEN 5 YEARS AFTER TURNING 18. ULTIMATELY, IN 1996, NO STATUTE OF LIMITATIONS FOR AGGRAVATED SEXUAL ASSAULT AND SEXUAL ASSAULT, REGARDLESS OF AGE OF VICTIM CAVEAT IF S/L EXPIRED FOR A CASE, CHANGE IN LAW CANNOT BRING IT BACK. VIOLATES CONSTITUTIONAL PROHIBITION AGAINST EX POST FACTO LAWS.

ARRAIGNMENT/STATUS CONFERENCES ARRAIGNMENT ENTER A GUILTY OR NOT GUILTY PLEA ALMOST ALWAYS NOT GUILTY AT THIS POINT PROSECUTION MUST PROVIDE DISCOVERY NO SURPRISE EVIDENCE OR WITNESSES JUDGE SCHEDULES STATUS CONFERENCES SO DEFENDANT CAN MAKE AN INFORMED DECISION ABOUT WHETHER TO TAKE THE CASE TO TRIAL OR PLEAD GUILTY BOTH PARTIES MAKE MOTIONS AND DISCUSS WHAT EVIDENCE WILL BE ALLOWED AT TRIAL

COMPETENCY TO STAND TRIAL DEFENDANT MUST BE MENTALLY AND PHYSICALLY COMPETENT TO STAND TRIAL AT THE TIME OF THE TRIAL, NOT AT THE TIME OF THE CRIME MUST BE ABLE TO UNDERSTAND AND PROCESS INFORMATION MUST UNDERSTAND ROLES OF JUDGE, ATTORNEYS, JURY, CHARGES, POSSIBLE PENALTIES MUST BE ABLE TO COMMUNICATE WITH ATTORNEY AND MAKE DECISIONS

COMPETENCY TO STAND TRIAL DECISION IS MADE BY JUDGE, BASED ON PRIOR HISTORY, EVALUATION (ORDERED BY ATTORNEY OR JUDGE), QUESTIONING BY THE JUDGE IF FOUND INCOMPETENT DEFENDANT CAN BE COMMITTED TO AN INSTITUTION (CUSTODY OF DHS), OR OUT-PATIENT SETTING OR RELEASE IF APPROPRIATE REVIEW AFTER 3 MONTHS, AND EVERY 6 MONTHS THEREAFTER. ULTIMATELY, DEFENDANT IS EITHER RETURNED TO SYSTEM TO STAND TRIAL OR CHARGES ARE DISMISSED (IF NO LIKELIHOOD OF EVER BECOMING COMPETENT.)

GUILTY PLEA PROSECUTOR MAKES AN OFFER FOR A PLEA AGREEMENT BALANCING APPROPRIATE PUNISHMENT, LIKELIHOOD OF SUCCESS AT TRIAL, POTENTIAL TRAUMA TO VICTIM, OTHER FACTORS IF OFFER ACCEPTED, PROSECUTOR WILL OFFER LIMIT TO SENTENCE AND/OR LOWER CHARGE IN EXCHANGE FOR THE CERTAINTY OF A GUILTY PLEA DEFENDANT MUST APPEAR BEFORE JUDGE, INDICATE UNDERSTANDING OF RIGHTS BEING RELINQUISHED. WAIVING RIGHT TO HAVE JURY TRIAL AGREEING TO BE CONVICTED DEFENDANT MUST GIVE FACTUAL BASIS TESTIFY UNDER OATH ABOUT FACTS THAT MAKE HIM/HER GUILTY

TRIAL CONSTITUTIONAL RIGHT TO CONFRONT WITNESSES AGAINST HIM/HER VICTIMS MUST TESTIFY IN COURT EVEN CHILDREN, EVEN IF STATEMENT WAS VIDEO- RECORDED (UNLESS UNAVAILABLE ESSENTIALLY OUT OF SUBPOENA POWER OR DECEASED) VICTIMS CAN TESTIFY VIA CLOSED-CIRCUIT TV IF SUBSTANTIAL LIKELIHOOD WOULD SUFFER SEVERE EMOTIONAL OR MENTAL DISTRESS IF REQUIRED TO TESTIFY IN THE PRESENCE OF SPECTATORS, DEFENDANT AND/OR JURY PREVIOUSLY ONLY CHILDREN UNDER 16 YEARS OLD. NEWLY EXPANDED LAST YEAR EFFECT UNKNOWN

TRIAL 12 JURORS PROSECUTION HAS BURDEN OF PROOF DEFENDANT HAS NO BURDEN TO PROVE ANYTHING JURY MUST BE UNANIMOUSLY CONVINCED BEYOND A REASONABLE DOUBT THAT STATE HAS PROVEN EACH AND EVERY ELEMENT OF EACH CRIME CHARGED JUDGE INSTRUCTS JURORS ON APPLICABLE LAW JURY CAN CONVICT (OR ACQUIT) ON ALL, SOME, OR NONE OF THE CHARGES

INSANITY DEFENSE COMBINATION OF LEGAL AND PSYCHOLOGICAL TERMINOLOGY THAT SATISFIES NEITHER DISCIPLINE RELEVANT TIME IS THE TIME OF THE CRIME, NOT TIME OF TRIAL MUST BE RAISED BY DEFENDANT (BY ATTORNEY) ESSENTIALLY, ACKNOWLEDGES DID THE ACT, BUT NOT CRIMINALLY RESPONSIBLE A PERSON IS NOT CRIMINALLY RESPONSIBLE FOR CONDUCT IF AT THE TIME OF SUCH CONDUCT HE WAS LABORING UNDER SUCH A DEFECT OF REASON, FROM DISEASE OF THE MIND AS NOT TO KNOW THE NATURE AND QUALITY OF THE ACT HE WAS DOING, OR IF HE DID KNOW IT, THAT HE DID NOT KNOW WHAT HE WAS DOING WAS WRONG. NJSA 2C:4-1

INSANITY DEFENSE JURY DECIDES IF PERSON IS GUILTY, OR NOT GUILTY BY REASON OF INSANITY (NGRI) IF NGRI, PSYCHOLOGICAL EVALUATION IS ORDERED BY THE COURT COURT DETERMINES IF DANGER TO SELF OR OTHERS CAN BE RELEASED, RELEASED WITH SUPERVISION, OR COMMITTED TO A MENTAL HEALTH FACILITY CANNOT BE COMMITTED TO PENAL OR CORRECTIONAL INSTITUTION COMMITMENT CAN BE UP TO LENGTH OF THE POTENTIAL SENTENCE PERIODIC REVIEWS TO DETERMINE IF DEFENDANT IS STILL A DANGER

GUILTY VERDICT IF FOUND GUILTY, JUDGE ORDERS PRE-SENTENCE REPORT SENTENCING IS A COMBINATION OF THE CRIME AND THE DEFENDANT REPORT IS PREPARED BY PROBATION OFFICER, INVOLVES FACTS OF CASE, INPUT OF VICTIM, PRIOR CRIMINAL RECORD, DEFENDANT S LIFE EXPERIENCES, INTERVIEW WITH DEFENDANT PRE-SENTENCE REPORT INCLUDES PSYCHOLOGICAL EVALUATION WITH RECOMMENDATIONS (FOR CERTAIN CHILD-RELATED CRIMES ), AND INFORMATION REGARDING HISTORY OF SUBSTANCE ABUSE AND TREATMENT AND DRUG DEPENDENCY.

SENTENCING SENTENCING IS IN DISCRETION OF THE JUDGE JUDGE EVALUATES AGGRAVATING AND MITIGATING CIRCUMSTANCES SET BY STATUTE EACH DEGREE CRIME HAS A RANGE OF SENTENCE 3 RD AND 4 TH DEGREE CRIME PRESUMPTION OF NON-INCARCERATION FOR FIRST CONVICTION PROBATION CAN BE IMPOSED WITH CONDITIONS: E.G. NO VICTIM CONTACT, SUBSTANCE ABUSE TREATMENT, MENTAL HEALTH TREATMENT (SEXUAL-OFFENSE-ORIENTED IF APPROPRIATE)

A.D.T.C. AT AVENEL IF ELIGIBLE (MOST SERIOUS SEXUAL OFFENSES), PSYCHOLOGICAL EVALUATION BY ADULT DIAGNOSTIC AND TREATMENT CENTER AT AVENEL DETERMINATION IF DEFENDANT S CONDUCT WAS CHARACTERIZED BY A PATTERN OF REPETITIVE, COMPULSIVE BEHAVIOR DEFENDANT CAN CONTEST THE EVALUATION IF JUDGE AGREES WITH EVALUATION, AND FINDS DEFENDANT IS AMENABLE TO TREATMENT, SENTENCE IS NOT TO A REGULAR PRISON TERM. INSTEAD, DEFENDANT IS SENTENCED TO THE ADTC AT AVENEL, WHERE REGULAR PAROLE RULES DO NOT APPLY ADTC DEFENDANTS MUST GET RECOMMENDATION OF THERAPIST AFTER GOING THROUGH LEVELS OF THERAPY TO BE CONSIDERED BY PAROLE BOARD IF THAT DOESN T HAPPEN, DEFENDANT MAXES OUT - SERVES MAXIMUM PERMISSIBLE SENTENCE

QUESTIONS? PETERJBOSER@GMAIL.COM PROGRAM COORDINATOR NEW JERSEY CHILDREN'S ALLIANCE HTTP://NJCAINC.ORG

Click to edit Master title style ATSA Kim Maloney, Liaison to Juvenile Justice, CSOC

2 New Jersey Department of Children and Families Commissioner Division of Children s System of Care (formerly DCBHS) Division of Child Protection & Permanency (formerly DYFS) Division of Family & Community Partnerships (formerly DPCP) Division on Women Office of Adolescent Services

3 Children s System of Care Serves children, adolescents, young adults under 21 with emotional and behavioral health care challenges, intellectual/ developmental disabilities, an/or substance use challenges CSOC is committed to providing these services based on the needs of the child and family in a family-centered, community-based environment. Statewide services with access through single point of entry Voluntary and on Medicaid platform Local System partners are located in the community and aligned with Court Vicinages

4 Children s System of Care Objectives To help youth succeed At Home Successfully living with their families and reducing the need for out-of-home treatment settings. In School Successfully attending the least restrictive and most appropriate school setting close to home. In the Community Successfully participating In the community and becoming independent, productive, and lawabiding citizens.

5 System Components Contracted System Administrator Care Management Organization Mobile Response & Stabilization Services Family Support Organization CSA is the single portal for access to care available 24/7/365 Utilizes a wraparound model to serve youth and families with complex needs Crisis response and planning available 24/7/365 Family-led support and advocacy for parents/caregivers and youth

6 PerformCare CSA provides access to the right care at the right time: Authorizes services based on the most recent clinical information Does not provide direct services. Anyone helping children and families may contact CSA on behalf of a youth in need of a referral. However, the parent/legal guardian of the youth must give consent for services. Has a dedicated DCP&P Unit to assist case workers in accessing services.

Care Management Organizations CMOs are agencies that provide care coordination and wraparound care planning for children and their families with moderate and complex needs and are responsible for facilitating access to a full range of treatment and support services They facilitate and work within child-family teams to develop individualized plans of care; youth focused, family driven; youth and family voice and choice Responsible for facilitating access to a full range of treatment and support services Focus is on providing these services in the least restrictive environment, addressing community safety, before accessing out of home treatment

8 Child Family Team Child Family Team (CFT) A team of family members, professionals, and significant community residents identified by the family and organized by the care management organization to design and oversee implementation of the Individual Service Plan. CFT members should include, but are not limited to, the following individuals: Child/Youth/Young Adult Family Support Partner (FSO) Parent(s)/Legal Guardian Care Management Organization Natural supports as identified and selected by youth and family Treating Providers (in-home, out-of-home, etc.) Educational Professionals Physical Health Providers (pediatrician, specialist) Probation Officer (if applicable) Child Protection & Permanency (CP&P)(if applicable)

9 The Important Role of Assessment The vision of CSOC is to create positive outcomes by: Identifying the child and family s needs Determining the most appropriate Intensity of Service Delivering the most appropriate services for the most appropriate length of time Using standard assessment tools the foundation of the Children s System of Care. Positive Outcomes Appropriate Length of Stay Appropriate Services Appropriate Intensity of Service Child and Family Needs Assessment Tools 9

1 0 Evaluations needed for OOH Psychiatric evaluation if youth is on psychotropic medications Bio Psycho Social evaluation (identifies strengths and needs in several domains) Psychosexual evaluation: 1. Use of actuarial instruments to identify risk level 2. Identifies intensity, frequency and duration of treatment, CFT determines where that treatment will occur 3. Discovery, collateral information 4. Must be completed by a psychologist or Licensed Clinician with appropriate credentials

1 1 WHAT IS VISION OF OUT-OF-HOME TREATMENT?

1 2 Child Family Team (CFT) decision Voluntary service (unless court ordered) Continuum of care based on intensity, frequency, and duration Based on clinical review by PerformCare All inclusive service based on contracted deliverables Time-limited intervention (target is 9-12 months) One episode of care is optimal Holistic approach to care Engaging, safe, welcoming environment Trauma-informed Individualized based on each youth s needs Stabilizes identified risk behaviors Small community-based settings Attendance to community schools whenever possible Actively engages families throughout entire course of treatment

1 3 Trauma-Informed Care Departmental Initiative. Do not focus on surface behavior. Interventions should address underlying trauma reaction. Implicit trauma indicators. Safe, consistent, nurturing environment. The Six Core Strategies for Reducing Seclusion and Restraint Use.

1 4 Behavioral Health (IRTS) Intensive Residential Treatment Services Intellectual/Dev Disabilities (IPCH-IDD) Intensive Psychiatric Community Home-IDD (PCH) Psychiatric Community Home (PCH-IDD) Psychiatric Community Home- IDD (SPEC) Specialty SPEC-IDD (Specialty-IDD) (RTC) Residential Treatment Services GH 2-IDD (Group Home Level 2-IDD) (GH) Group Home GH-1 IDD (Group Home Level 1-IDD) (TH) Treatment Home SSH IDD (Special Skills Home-IDD)

1 5 What does OOH treatment look like? IOS Description Supervision/Ratio Clinical Treatment* Residential Treatment Center (RTC) Site design varies from small community based homes to larger campus style settings within the community Provides clinical treatment in highly structured setting for youth who present severe and persistent challenges in social, emotional, behavioral, and/or psychiatric functioning 1:5 ratio 24/7 staff supervision Minimum of two awake staff at all times Intake assessment 6 hours of clinical time per week (ind/group/family).67 hours per week of psychiatric time if youth is on meds 6 hours per week of allied therapy Some educational services are provided on site 1.50 hours per week of nursing 5.6 hours per week of case management *average per youth

1 6 What does OOH treatment look like? IOS Description Supervision/Ratio* Clinical Treatment* Special ty (SPEC) Site design varies: treatment home settings, small community based homes, and larger campus style settings within the community. Provides specialized clinical treatment in very highly structured setting for youth with specialized needs including complex trauma, fire setting, problematic sexual behavior, and aggravated assault. Some educational services are provided on site. 1:4 ratio 24/7 staff supervision Minimum of two awake staff at all times* Intake assessment 8 hours of clinical time per week (ind/group/family) 1.25 hours per week of psychiatric time, if youth is on meds 6 hours per week of allied therapy 1.5 hours per week of nursing 5.5 hours per week of case management *average per youth *Except for Second Chance

1 7 Specialty Programs Created to bring youth back from out of state programs; Once Perform Care provides IOS, SRTU consultant reviews all referral/clinical information and utilizes the agencies profiles in CYBER to manually match youth to the programs; No eject-no reject contracts; transitions must be approved by SRTU clinical administrator; Treats youth with fire setting, sexually reactive and/or sexually problematic behaviors(moderate to high risk); complex trauma; assaultive behaviors

1 8 Treatment CSOC does not prescribe clinical models for our Specialty Providers; We do expect evidenced based or best practices; The whole youth is treated, not just the targeted behavior(including trauma from prior victimization);

1 9 Key to successful outcomes = INVOLVEMENT!! CFT should COLLABORATE and COMMUNICATE on a regular basis; Probation/Parole is a valued member; CFT members should attend ALL treatment team meetings and meet with the youth regularly; Parental involvement is CRUCIAL for success. Involvement includes regular visits, active treatment team participation, and full compliance with identified tasks (therapy, safety plans, supervision); Parental visitation is EXTREMELY important in preparing the youth for eventual return home (including family time). These visits assist in relieving anxieties, strengthens the family bond, and helps prepare the parent for their child s return home.

2 0 Transition Planning Discharge planning should begin on the first day of admission. CFT should collaborate in identifying informal/formal supports and other necessary services that promote sustainable success; If youth is not prepared to return to a non-clinical setting, the CFT may pursue a Transitional Joint Care Review (lower, lateral, higher Intensity of Service); Transition to another IOS requires careful consideration. It should be done with clear purpose and expectation; Next transitional setting should actively work towards eventual permanency goal, whether be to return home or to another non-clinical setting (i.e. Independent Living).

2 1 Key points to remember. Removing a child from their natural environment is a life altering decision! The pursuit of OOH treatment is a CFT decision that should be made with clear purpose AND expectations! Short length of stay/one episode of care is optimal! CFT collaboration and communication is CRUCIAL! IOS is NOT defined by its environment! IOS is a clinical decision made by PerformCare based on provided clinical information. Parental involvement is EXTREMELY important!

2 2 CSOC Project Sexually Problematic Work Group Led by specialty providers with involvement from CMO and CSOC Goal is to provide a universal framework for best practice in the three following areas: 1) Evaluations 2) Clinical Practice 3) Transition to Community

1 2 3 For more information Children s System of Care http://www.state.nj.us/dcf/families/csc/ PerformCare Member Services: 877-652-7624 www.performcarenj.org 23

Sandra Erik, Vicinage Assistant Chief, Middlesex Stacey Gerard, Probation Programs Supervisor, AOC

Role of Probation The role of Probation is to promote the welfare and safety of children, families, and communities in New Jersey by enforcing court orders, supervising offenders, monitoring behavior, and intervening to produce positive outcomes.

Who is assigned to the caseload? Clients with a history of sex offense adjudications or convictions. Clients whose charges have been downgraded from a sexual offense or who have underlying factors which suggest sex offending. Clients who have completed a sex offender evaluation which includes a recommendation for sex specific treatment. Clients on Megan s Law or violations of Megan s Law

Caseload Numbers Approximately 400 juvenile probationers, including 130 Megan s Law youth. Approximately 1400 adult probationers, including 260 Megan s Law adults. Staffing model for specialized Supervision One Probation Officer for 30 juvenile SAB probationers One Probation Officer for 50 adult probationers Training Required annual training of 20 hours

Supervision Highlights Weekly contact Office Visits/Home Visits/Field Visits No early terminations Verification of Megan s Law Registration

Supervision Highlights Compliance with Court Ordered Special Conditions No contact with victim No contact with certain age groups Restricted internet access Sex specific evaluations/treatment

Supervision Highlights Compliance with Probation Conditions Employment restrictions Treatment Limit high risk activities (i.e. Halloween)

Supervision Standards Probation officers will review the following: Compliance with special conditions Stability in living conditions Substance abuse indicators Details of the offense & address denial Relationship of the victim to the client Where the victim resides The age of the victim Decreased minimization

Multidisciplinary Approach Probation Officers must have regular communication with: Sex specific treatment providers School Administrators Criminal Justice Personnel Victim Treatment Providers Victim Advocates DCP&P

Working with Prosecutors Interstate Megan s Law Updates Contact with the Victim

Working with the Judge Additional or Modifications of Conditions Out of country travel Therapeutic issues Family reunification Extensions of probation

Probation Committees Meeting Membership Training Goals -

Thank you! Sandra Erik, Vicinage Assistant Chief Probation Officer Middlesex County (732) 645-4300 x88473 sandra.erik@njcourts.gov Stacey Gerard, Probation Programs Supervisor Administrative Office of the Courts (609) 815-3810 x16316 stacey.gerard@njcourts.gov

NEW JERSEY JUVENILE JUSTICE COMMISSION OFFICE OF JUVENILE PAROLE & TRANSITIONAL SERVICES Introduction and Overview of Services NJ-ATSA Conference April 20, 2018 Robert Mercado MSW, MPA

Introduction Responsible for all post-incarceration activities of youth released from a JJC Facility Monitors the Parole conditions established by the NJ State Parole Board Collects fines, restitution, and penalties as ordered Supervision of individuals in their home communities when possible

Mission Statement The Office of Juvenile Parole and Transitional Services is a community-oriented service agency. We are dedicated to sharing responsibilities with our partners in the community to effect successful re-entry of adjudicated youth returning home by providing a balanced approach utilizing care treatment, accountability, protection and enforcement.

Office Locations Northern Region Paterson New Brunswick Jersey City Newark

Office Locations Southern Region Trenton Atlantic City Camden

Office Locations

Structure Director Central Office Interstate Compact for Juveniles Regional Parole Supervisors Substance Abuse Counselors Social Workers

Structure Assistant District Parole Supervisors Senior Parole Officers Pre-Release Supervisors Community Program Specialists Support Staff

Roles & Responsibilities Supervise juveniles adjudicated delinquent and released from a JJC facility on Parole or Post-Incarceration Status Apply the appropriate level of supervision in the community Encourage the timely payment of fines and restitution to foster responsibility Assess the needs of the juvenile in the development of a Community Transition Plan

Roles & Responsibilities Emphasis on rehabilitation through home, police, social agency, and school contacts Parole Officers will counsel, assist in employment and school placements, and refer to partnering agencies Monitor the overall adjustment in the community and other requirements as established by the NJ State Parole Board

Risk and Protective Factors Family and Living Arrangements Peer Groups and Friends Mental, Behavioral, and Physical Health Substance Abuse Mainstream Educational Placements Employment and Vocational Training Leisure Time, Recreation, and other Interests

Pre-Release Planning Comprehensive Intake Assessment Case Action Plan Pre-Parole Investigation Frequent Contact with Parolee and Family Multi-Disciplinary Team Video-Teleconference with Community Providers

Community Supervision Engagement of family and pro-social network Provision of treatment services Case management services

Community Supervision Structured responses of sanctions and incentives Monitoring and surveillance beyond traditional business hours Reduced caseload sizes with increased community contacts

Community Supervision Electronic Monitoring Partnership with the Office of Community Programs for Step-Up services Parole Response Unit (PRU) and Revocations

Community Transition Plans Community Transition Plans are a core element of the supervision process. Planning and setting goals helps parolees see where they should be by the end of their sentence and how they are going to get there.

Interventions Moving Parole and Community Together (IMPACT) Special Case Review (SCR) Committee Sex Offender Classification Committee (SOCC) Institutional Release Committee (IRC) JJC Reentry and Planning Committee (JRP) Community Program Specialists Transition Group Parole Officers Reentry Group

Interventions Moving Parole and Community Together (IMPACT) Law Enforcement Partnerships Prosecutors, Municipal Police, Sheriff s Departments, U.S. Marshals,State Police Review of Structured Responses for sanctions and incentives Monthly discussions on areas of improvement for Reentry and Parole Develop new data elements for reporting and discussion purposes Changing the Culture

Not even a perfect partnership between the community and Parole can take the place of strong incentives to lawful behavior jobs, fairness, healthy families and communities, and hope for the future. Source: National Institute of Justice Journal

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