Transcript ADDRESSING DISPARITIES AT POST

REDUCING RACIAL AND
ETHNIC DISPARITIES: USING
DATA TO PROMOTE REFORM
NJJN Webinar, February 12, 2014
Dana Shoenberg, Deputy Director, CCLP
Tiana Davis, DMC Policy Director, CCLP
Brought to You By …
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Leads a national movement
State-based juvenile justice coalitions
and organizations (43 members in 33
states)
Laws, policies and practices that are
fair, equitable and developmentally
appropriate for all children, youth and
families
Photo: Moriza
Juvenile Justice Resource Hub

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Mental health/substance abuse
Community-based alternatives
Juvenile indigent defense
Racial/ethnic disparities – live Feb. 26
www.jjie.org/hub
Our Speakers
Dana Shoenberg
Deputy Director of the
Center for Children’s Law
and Policy
Tiana Davis
DMC Policy Director at the
Center for Children's Law and
Policy
Agenda
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Goals and strategies of RED reduction
Importance of local, data-driven change
The Relative Rate Index: Uses and Limitations
Examples of decision point data and what they can
be used for
Opportunities for advocates
Goals and Strategies
© Tu Multimedia
Goals in addressing racial and ethnic
disparities
1. Reducing over-representation
2. Reducing disparate treatment
3. Reducing unnecessary entry and moving
deeper into the juvenile justice system
We want to address all three goals.
The Juvenile Justice Process:
Key Decision Points and Pathways Out
Transfer
to adult
court
Arrest:
Law
enforcement
Schools
Probation
Child
welfare
Diversion
Community
service
Youth court
Referral:
Intake staff
Diversion
Informal
process
Consent
decree
Detention:
Judge
Diversion
Release home
Alternative
to detention
Petition:
Prosecutor
Diversion
Informal
process
Dismissal
Adjudication:
Judge
Diversion
Post-adjud
ATD
Dismissal
Disposition :
Judge
Probation
Non-secure
placement
Non-residential
treatment
Strategic Approaches for
Reducing Racial and Ethnic Disparities
Collaboration and Cross System Collaboration
• Improve collaboration and communication among agencies within the juvenile justice and with
other child-serving systems
Data Practices
• Establish a structure and process for regular use of data in system management
Culture and Community
• Improve cultural competence and responsiveness of juvenile justice services and engaging
community in those efforts
Policy and Practice
• Structure policies, protocols and tools to facilitate objective and consistent decision-making
Program Access
• Increase capacity and improve access to programs and services that prevent deeper
9
involvement or enhance diversionary pathways out of the juvenile
justice system
Local, Data-Driven Change
Effective RED change
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Like politics, effective RED change happens at the
local level.
Efforts should be led by county/parish-based
collaboratives that include all stakeholders -- family
members, child-serving agencies and community
representatives as well as those who work inside the
juvenile justice system.
Diverse perspectives lead to healthy conversations
and opportunities for change in more realms
Clergy
Diverse Governing
Body for RED
Reduction
Data-driven Decision Making
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Activities chosen and informed by decision point
data
New policies and programs assessed for
effectiveness
Continuous use of data to inform court and
probation operations
Why lead with data?
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Avoids getting lost in
anecdote
Supports honest
conversations about
real differences
Provides structure
for digging deeper
and understanding
the problem (peeling
layers of the onion)
Key data: Decision Points
Arrest
 Referral to Juvenile
Court
 Diversion
 Secure Detention
 Petition
 Delinquent findings

Probation, Probation
Violations
 Out of Home
Placement
 Secure Confinement
 Aftercare,
Revocations
 Transfer
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Key data for each decision point
Demographics and Characteristics
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Race
Ethnicity
Gender
Geography
Offense
Experience of youth by group
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For programs and
placements:
 Length
of stay
 Whether successful
completion
 If unsuccessful, reasons
why
Qualitative and Quantitative Data
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Sometimes the
numbers (quantitative
data) aren’t enough.
To learn more, need to
ask stakeholders about
their experience
(qualitative data)
Formulate questions,
conduct interviews
Use of Qualitative and Quantitative Data
Ex: Youth of color are overrepresented among school
referrals
 Examine quantitative data on types of offenses, ages, times
of day, particular schools
 Interview SROs, youth, families, teachers, principals to
understand how things work in practice
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When are SROs called
What is their understanding about their role
How much training do teachers have in classroom discipline
What alternatives to arrest are available
What message does the administration send about appropriate use of
SROs
Level of interest in new options
Race and Ethnicity Disaggregation
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Hispanic/Latino is an ethnicity
U.S. Office of Management and Budget (OMB)
recommends collecting information about race
separate from ethnicity
Two questions:
 Are
you Hispanic/Latino or Non-Hispanic/Latino
 What race do you identify with?
Race and Ethnicity Reporting
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Two-question format allows for reporting both:
 White Non-Hispanic, White Hispanic, Black Non-Hispanic,
Black Hispanic, Asian Non-Hispanic, Asian Hispanic, Native
American Hispanic, Native American Non-Hispanic
Be careful of data reports that separate the reporting, for
example:
 Non-Hispanic/Latino 45%, Hispanic-Latino 55%
 White 50%, Black 30%, Asian 5%, Native American 15%
Be careful of data reports that only capture race – erases the
Latino population and creates a white overcount, masking
disparities
The RRI: Uses and Limitations
© Tu Multimedia
Relative Rate Index (RRI)
• RRI compares rate of youth of color to rate
of white youth at particular decision point
• Calculates the rate at specific decision point using
information from the immediately previous
decision point
Rate = number of youth in that group at decision point
number of youth in that group at prev. dec. pt.
Relative rate = rate
rate
Relative Rate Index -- Example
Youth population:
White population:
Black population:
1,000
800
200
Total arrests:
White arrests:
Black arrests:
100
20
80
Relative Rate Index -- Example
Relative Rate Index calculation:
# of Black youth arrested 80 = .400
# of Black in population 200
____________________________ (÷)
# of White youth arrested 20 = .025
# of White youth in pop. 800
.400 = 16 RRI
.025
Uses and Limitations of RRI
Uses
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If the relative rate is
significant, it shows an
obvious point where you
could focus attention
Limitations
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Where most of the youth in
the jurisdiction are youth of
color, RRI won’t mean much
Low RRI may mask potential
opportunity to impact many
youth
Doesn’t explain reasons for
disproportionality – still
need to dig deeper
Some RRI data resources
don’t capture ethnicity
RRI example
Decision
Point
African
American
Hispanic/La
tino
Native
American
Asian/Pacifi All Youth of
c Islander
Color
Arrests
3.99
1.78
.35
.54
2.92
Referral
1.22
1.35
.79
1.11
1.32
Diversion
.76
.98
.91
1.42
.84
Secure Det.
2.71
1.94
1.86
.38
2.41
Petition
1.18
1.04
1.06
.66
1.12
Delinquent
Findings
.89
1.03
.99
1.62
.95
Probation
.73
.84
.61
.44
.73
Placement
1.04
1.22
1.14
.67
1.05
Secure Conf. 1.93
2.41
*
.96
1.97
Transfer
1.1
*
*
1.03
1.17
Using Data at Key Decision Points:
Examples
© Tu Multimedia
A Case Study in Peeling the Onion at
Arrest: Sedgwick County, Kansas
Arrest Rates for Property Offenses 2005 - 2008
60
2005
2006
2007
2008
50
40
30
2005
20
2005
2006
2007
2006
2007
2008
10
0
White
Black
Latino
2008
Top 3 Arrest Offenses in 2008
for African-American Youth
300
250
200
150
100
50
0
Theft <1000
Battery
Disorderly
Conduct
Comparison:
2007 – 2008 Arrests by Gender
Theft <$1,000 Sample
All Offenses
23%
Female
Male
77%
42%
58%
Female
Male
Arrests for Theft <$1,000 – Analysis by
Geography
.
Not surprisingly, a majority of Theft <$1,000 arrests
occurred at the two large malls in Sedgwick County
The Response
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Collaborative and Data Driven
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The county’s stakeholder group developed a work plan and
goals based on data collected
Interventions
An anti-Shoplifting Campaign emphasized theft deterrence and
controlling peer influence using local girls as ambassadors
 Enhanced diversion policies targeted youth charged with theft
<$1000 offenses
 Realigned and enhanced diversion programs (Girl
Empowerment Program) incorporated research-supported
shoplifting interventions
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Sedgwick County Results:
Arrests for Theft <$1,000
Data reflect a 31% drop in
arrest for White youth, 26%
drop for African American
youth and an 18% drop for
Hispanic youth.
1200
1000
1006
800
737
Total
White
African American
Hispanic/Latino
600
448
400
337
307
191
200
251
157
0
2009
2010
Havenhurst Court Family Domestic Violence
Referrals by Race and Offense
Black
Hispanic
White
Grand Total
ASSAULT 1ST DEG
1
0
0
1
ASSAULT 2ND DEG
0
1
0
1
ASSAULT 3RD DEG
4
2
2
8
BREACH OF PEACE 2ND DEG
CRIMINAL MISCHIEF 2ND
DEG
CRIMINAL MISCHIEF 3RD
DEG
3
0
3
6
0
1
0
1
3
0
0
3
DISORDERLY CONDUCT
INTERFERE WITH
OFFCR/RESISTING
5
6
2
13
1
0
0
1
RECKLESS BURNING
STRANGULATION SECOND
DEGREE
0
0
1
1
2
0
0
2
THREATENING 2ND DEG
2
2
0
4
Grand Total
21
12
8
41
Family Domestic Violence Referrals to Havenhurst
Court by Resident City and Race*
Domestic Violence Referrals to Juvenile Court
7
6
6
5 5
5
4
5
5
5
4
Black
Hispanic
White
3
2
2
2
1 1
1
0
BLOOMINGTON
E. HAVENHURST
MAYBURY
ROCKINGHAM
*Total number of Havenhurst referrals =41.
W. HAVENHURST
WINSTON
Rate of Judicial Handling for
Top 3 DV Offenses* by Race
Rate per 10 Referrals
White
4.3
Black
8.3
Hispanic
3.8
Relative Rate Index
Black youth are
almost twice as
likely to receive
Judicial
Handling .
*Top 3 DV Offenses include Disorderly Conduct, Assault 3rd and Breach of Peace 2nd.
1
1.93
.88
Possible Next Steps:
Havenhurst Domestic Violence Referrals
 Learn
about intake practices
 How
are handling decisions made? Judicial vs. Non-Judicial
 What diversion opportunities are available for youth
referred to court for domestic violence offenses?
 Collect
additional data to inform understanding of the
domestic violence referral population
 What
are the characteristics of cases excluded from nonjudicial handling eligibility?
 Are there differences by race, ethnicity, gender, geography,
or offense?
Possible Next Steps:
Havenhurst Domestic Violence Referrals
 Learn
about experiences of youth and families referred
to court for domestic violence offenses.
 What
led to the referral?
 What could have helped to avoid the referral
 Interventions
 An
could include:
objective tool to assess risk of re-offense and identify
service needs.
 A clear and concise diversion policy for domestic violence
related offenses.
 Domestic violence diversion programming that is culturally
appropriate and responsive to the needs of key populations.
Buttercup County Detention Data
Average Daily Population
25
20
15
10
5
0
New Arrest
White Hispanic
Warrant
White Non-Hispanic
Pending Placement Probation Violation
Black Hispanic
Black Non-Hispanic
Observations for Buttercup County
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35% of detentions are probation violations, mostly
youth of color
Compared with new arrests, Hispanic youth are
overrepresented among warrants
Possible Next Steps: Buttercup VOP
 Learn
about probation practice – graduated
responses? Alternatives to detention?
 Learn about youth and family experiences on probation
– cultural and linguistic competence? Adequate
programming and attention?
 Collect data on kinds of probation violations
 Interventions could include: institution of graduated
responses, increase skills of probation staff, increase
staffing levels, reform case planning, establish new
ATDs, find new linguistically competent partners
Possible Next Steps: Warrants
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Collect data on reasons for warrants and offenses
of youth who have warrants
If warrants for Failure to Appear, interview families,
judges, probation about reasons for Failures to
Appear
Interventions could include tiered warrants, call
reminder/notification, rapid processing of warrants
Osage County Placements
Race/ethnicity
Length of Stay
Caucasian
85
Hispanic/Latino
98
Native American
125
African-American
90
Asian
102
Osage County – Learning More
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Second level data analysis:
 Individual
programs’ length of stay
 Numbers of youth represented in length of stay data –
are these anomalies or significant numbers?
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Qualitative data:
 Discipline
structure in programs – does it affect length
of stay?
 What input do courts have into length of stay and how
frequently do they review cases
 Determinate sentences or “when she completes her
program?”
Opportunities for Advocates
© Zach Herring
How to Connect with Existing
RED/DMC Reduction Efforts
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OJJDP State Contacts
 State
and Local DMC Coordinators and DMC
Subcommittee Chairs
 http://www.ojjdp.gov/dmc/resourcelist.asp

3-Year Juvenile Juvenile Justice Plans
 State
Advisory Groups (SAGs)
 Many available online
 Outline the key activities to address DMC/RED in your
state.
How to Connect with Existing
RED/DMC Efforts

Juvenile Detention Alternatives Initiative (JDAI)
 More
than 200 jurisdictions in 39 states nationwide
 JDAI sites focus on RED as Core Strategy for Detention
Reform
 http://www.jdaihelpdesk.org/SitePages/jdai-sites.aspx

Models for Change Initiative
 Center
for Children’s Law and Policy
 http://www.modelsforchange.net/about/States-forchange.html
What if there isn’t an RED reduction
effort yet in your area?
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Start a collaborative – to engage stakeholders,
think about what their interests and points of view
might be
Access to data can be hard – both because it isn’t
available and because of lack of trust. Consider:
 Information-sharing
agreements and protocols
 Engaging a university that can help develop and
analyze the data if the court doesn’t have expertise or
time in-house
 Offering to do the analysis if they’ll just provide the
numbers
State-level support for local work
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© Tu Multimedia
Funding structures that
require race and
ethnicity analysis in
order to get state
grants
Improvements to statelevel juvenile justice
databases,
opportunity for data
analysis support
State-level support for local work, cont.
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Grants for specific
RED reduction
projects (ex: new
alternatives to
detention) with data
analysis required as
part of application
Racial impact
analysis
requirements for new
legislation
© Tu Multimedia
State-level support for local work, cont.
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Cultural competence standards for service providers
Training and support for localities to begin datadriven efforts
© Jason Salazar
Gather a team
Georgetown Center for Juvenile Justice Reform
Reducing Racial and Ethnic Disparities Certificate
Program
July 28-August 1, 2014
Applications available at:
http://cjjr.georgetown.edu/certprogs/racialdisparities
/racialdisparities.html
Contact Information
53
Dana Shoenberg
Deputy Director
202-637-0377 x107
[email protected]
Tiana Davis
DMC Policy Director
202-637-0377 x103
[email protected]
www.cclp.org
www.njjn.org