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Disproportionality & Producing Better Outcomes June 14, 2013 What is Disproportionate Minority Contact (DMC)? • DMC is the over or under representation of youth of color in the juvenile justice system. • DMC is one of the 4 core requirements of the Juvenile Justice and Delinquency Prevention Act. What are the 4 Core Requirements? 1. Deinstitutionalization of Status Offenders. 2. Sight and Sound Separation 3. Jail and Lockup Removal 4. Disproportionate Minority Contact “Recent research … indicates that in nearly all instances, the best public safety outcomes coincide with the least restrictive interventions for youth…” NJJN (2012), The Truth About Consequences Low Level Offenders 1. Diversion is more effective than formal processing 2. Diversion is more cost effective Anthony Petrosina, “Formal System Processing of Juveniles: Effects on Delinquency.” Campbell Systematic Reviews, 2010:1 (January 29, 2010) Serious Offenders 1. Institutionalization increased the level of offending. 2. Longer stays do not decrease recidivism. 3. Most felony offenders will stop offending on their own. 4. Community-based supervision is as effective as incarceration Edward P. Mulvey, et al., “Trajectories of a Desistance and Continuity in Antisocial Behavior Following Court Adjudication Among Serious Adolescent Offenders, “Development & Psychopathology, Vol. 22, Issue 2 (2010). History of DMC 1988 - Congress mandated DMC in state plans. 1992 – Congress tied 25% of funding to DMC work. 2000 – MJJA gathered county DMC statistics. 2001 – DMC Coordinators in large counties in MO. 2002 – Congress changed “confinement” to “contact.” 2003 – MJJA published a report demonstrating DMC in detention. 2004 –OSCA published Racial and Gender Equity Study. 2006 – Research project by MU. 2009 – Additional county DMC teams working. Missouri Facts 37 (out of 114 counties and 1 city) had some disproportionality at the referral decision point in 2011. What is the Relative Rate Index (RRI)? RRI compares rate of youth of color to rate of white youth at particular decision point RRI Calculation Example # of Black youth referred 60 = .30 # of Black in population 200 ______________________________ (÷) # of White youth referred 40 = .05 # of White youth in pop. 800 .30 = 6 RRI .05 Black youth are 6 times more likely to be referred. Missouri RRI 2011 for Status and Law Violations Court Contact Point 1. Referrals 2. Diverted 3. Secure Detention 4. Charges Filed 5. Delinquent 6. Probation 7. Confinement DYS 8. Certification *Not statistically significant 1.0 = Proportionality AA 2.1 0.9 1.5 1.6 0.9 0.9 * 3.0 Hisp. Asian 0.5 0.3 0.9 * 1.7 * 1.4 * * * * * * * * * Statewide African American Referral RRI OSCA JIS Data 2.50 Referrals 2.00 Diversions 1.50 Detention Petitions 1.00 Delinquent Probation 0.50 0.00 2009 2010 2011 RRI Ranges for Individual Counties for Law and Status Violations in 2011 Court Contact Point Referral Diverted Detention Charged Delinquent Probation Confinement Ranges 1.5 - 10.0 0.7 - 1.2 0.7 - 4.0 0.7 – 3.0 0.9 0.7 1.5 - 2.6 (<1 is not good) (<1 is not good) Commonalities in Disproportionality 1. Most disproportionality occurs at the referral decision point, and is with African Americans. 2. The majority of referrals are from law enforcement (this includes School Resource Officers). Chart 4: Missouri Disproportionate Minority Contact Project Source of Referrals Generic County OSCA Extract of JIS Data CY 2011 Other 2% School Personnel 2% School Resource Officer 3% County Sheriff 6% Municipal Police 87% Municipal Police County Sheriff School Resource Officer School Personnel Other Commonalities in Disproportionality 3. The Offenses with the most disproportionality are Assault 3rd Degree and Peace Disturbance. Chart 3: Missouri Disproportionate Minority Contact Project Top 7 Type of Offenses by Race Generic County OSCA Extract of JIS CY2011 Data 40% 30% 25% Caucasian 20% African American 15% 10% 5% Type of Charge Sex Offenses (n=21) Liquor Laws (n=25) Property Damage (n=31) Dangerous Drugs (n=42) Stealing (n=59) Peace Disturbance (n=82) 0% Assault (n=111) Percentage within Race 35% Commonality in Disproportionality 4. More disproportionality occurs with five or more referrals Percentage within Race Missouri Disproportionate Minority Contract Project Percentage by Referral Number and Race Generic County OSCA Extract of JIS CY 2011 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% Caucasian African American 1st Referral 2nd Referral 3rd Referral 4th Referral 5th More than Referral 5 Referrals Number of Previous Referrals DMC Action Network Model for DMC Reduction Engage Stakeholders in Governing Body Map Decision Points Gather and Analyze Data: Quantitative & Qualitative Focus on Key Decision Points where Measurable Change Can Occur Fashion Remedies Implement Change Evaluate Whether Goals are Met Clergy Diverse Governing Body for DMC Reduction Effective Strategies 1. 2. 3. 4. School Agreements Mentoring Kids for At Risk Law Enforcement Training Teen Court in Schools Memphis, TN School House Adjustment Program Enterprise • Alternative to school referral for minor offenses • Written agreement • Parental consent • Restorative justice, behavior modification, etc. • Reduced DMC Memphis, TN School House Adjustment Program Enterprise John T. Hall, Memphis City Schools Coordinator, Department of School Security 2597 Avery Avenue, Room 145 Memphis, Tennessee 38112 Email: [email protected], 901-416-6259 http://www.mcsk12.net/shape/ Birmingham, AL • 1st offense: Warning/Written citation. Child and parent are informed about what happens with 2nd offense • 2nd offense: Child & parent attend School Offense Workshop. Both informed about what happens with the 3rd offense • 3rd Offense: Referral to Juvenile Court Birmingham, AL Presiding Judge Brian Huff, Jefferson County Family Court, 205-325-5538 [email protected] Atlanta, GA • 1st offense: Warning notice • 2nd offense: Referral to School Conflict Diversion Program • 3rd offense: Referral to Juvenile Office Atlanta, GA Steven Teske, Clayton County Juvenile Judge 9163 Tara Boulevard Jonesboro, GA 30236 Main Number: (770) 477-3270 State System Progress • New statewide protocol for distinguishing the race and ethnicity of court-involved youth • New school resource officer (SRO) code for the statewide data system • New certification codes will be released soon to do a better job of tracking these cases Carolyn Kampeter, MO Juvenile Justice Association 573-636-6101 [email protected] Christine Patterson, OSCA 573-751-4377 [email protected]