Missouri Juvenile Justice 101

 45 separate juvenile circuits  24 locally operated juvenile detention centers  At age 17, a youth is considered an adult  Juvenile court can retain jurisdiction until age 21 for abuse/neglect, status offenders, and law violators

1995 – As a result of the killing two public safety officers by juveniles, Missouri revised its’ juvenile code.

Dual Jurisdiction was introduced in Missouri at that time.

Although the JJDP does not require the separation of certified juveniles from adult inmates in the Department of Corrections, Missouri statute requires this separation to ensure the safety and protection of certified youth. This show how serious Missouri is about protecting youth under 17.

Juveniles Referred for Homicide

120 97 100 80 66 66 60 40 37 36 31 33 46 21 38 23 23 35 20 0 19 93 19 94 19 95 19 96 19 97 19 98 19 99 20 00 20 01 20 02 20 03 20 04 20 05 The Montgomery City Youth Center, a 40 bed facility, was built in response to the rise in serious and violent crime in Missouri in the mid 1990’s as illustrated by this graph.

In 2002, the JJDP Act was reauthorized. Among the changes, the definition of “adult inmate” was added.

According to OJJDP’s guidance manual, once a youth who has been certified as an adult reaches the state’s age of majority (17 in Missouri), he or she must be separated from the juvenile population within 6 months.

In 2003, William Woodruff who was then the Deputy Administrator for OJJDP, issued a memorandum to states providing clarification on OJJDP’s policy regarding the separation of juvenile delinquent offenders from young adult offenders in secure juvenile detention and correctional facilities. He announced that the implementation of this policy clarification will require immediate action from states with this issue.

Missouri was given two years to come into compliance with this core requirement of the Act. Given the fiscal, and legislative prohibitions, Missouri was unable to come into compliance, and the two year period has now ended.

Currently there are 15 dual jurisdiction youth at the Montgomery City Youth Center. On a daily basis, there are an average of 5 dual jurisdiction youth over the age of 17 years - six months.

Missouri Division of Youth Services

Treatment Approach & Dual Jurisdiction

Tim Decker, Director Bill Heberle, Deputy Director Brent Buerck, Program Administrator

Missouri DYS - Statistical Overview

   

1,214 youth committed

 82% Male; 18% Female   45% - 16 and over 10% - 13 and younger  65% from metro areas

Committing offenses:

 51% felonies  38% misdemeanors  11% juvenile offenses

32% educational disability 47% prior mental health

     

3,424 in case management 87.6% satisfactory discharge Recommitment rate 8.7% 18% achieve GED or diploma

prior to discharge

70%+ progress faster rate than peers

in core subjects

Dept. of Corrections Involvement (3 years after discharge/class of 2003):

  8.6% incarceration 24% adult probation

Elements of the Missouri System

Safety & Structure

    Safety 1 st (public and youth) Focus on supervision and facilitation Human dignity and family-like small group environments (10 -12 youth) Disclosure and personal growth

Humane Therapeutic Environment

       Group process/systems approach Behavior as a symptom of unmet needs and underlying issues Ongoing assessment/staff leadership Levels systems reflect treatment and change process Resistance to change normalized Healthy and caring adult/youth relationships Focus and build on strengths

Family & Community Engagement

 Services provided in closest possible proximity to families & communities    View youth in the context of family and community Family Inclusion – parents are the experts on their own youth Collaboration and partnerships Community Liaison Councils

Continuity of Care & Service Integration

    Comprehensive case management throughout youth’s stay in system Philosophical alignment of all services with vision, mission, and principles Driven by strengths and needs of youth and families – youth

don’t fit the program, the program fits the youth

Variety of options and levels of care – least restrictive environment (secure, moderate, community, day treatment)

Elements of the Missouri System

Leadership & Innovation

 Systemic and developmental approaches     All leaders connected to the field and focused on young people & families Value innovation and embrace change Training and professional development are an “arm of management” Focus on ongoing program improvement and accountability

Open, Inclusive, & Neutral

 Open communication system – multi directional within and outside the  Neutrality, beyond blame   Healthy conflict resolution Decentralized decision-making

Quality & Valued Staff

 Cultural representation families served – staff reflect the ethnicity/culture of the youth and  Staff value youth, see their strengths, and believe they can change and become contributing members of society     Ongoing learning and professional development Staff are knowledgeable about youth issues Staff throughout the system are involved in planning efforts; those working closest with youth and families have a powerful voice in the decision making process Effective staff intervention in conflict and crisis situations

Missouri Dual Jurisdiction Program

 Established 1995 RSMo 211.073 as part of Missouri’s Juvenile Crime Bill  Dual Jurisdiction is a blended sentencing alternative in which the court may dually commit a

certified

youth offender to both the Division of Youth Services

and

the Department of Corrections. It allows the court to simultaneously invoke both a juvenile and adult sentence (the execution of which is suspended).

Who is eligible?

 Certified youth offenders, provided the DYS Assessment is ordered prior to 17 th birthday  Males & Females  DYS must be in agreement with all Dual Commitments

What is the Process?

1.

Youth is certified 2.

Youth pleads or is found guilty in the court of general jurisdiction 3.

Court orders a DYS assessment 4.

Youth is sentenced

DYS Assessment Considers:

1.

2.

3.

4.

5.

Seriousness of current offense – force & violence involved viciousness, Youth’s history – criminal & social Prior services received – commitment, etc.

juvenile probation, DYS Mental health needs Amenability to treatment attitude & motivation to participate in treatment & education services provided

Program’s Length

 Length of individual placement varies but likely to range from 3 to 5 years  Dependant, in part, upon:  Youth’s progress in treatment  Attitude of the committing court  Seriousness of offense(s)  Victim Impact & position  Completion of education and treatment services available

Extension Hearing

 Statute requires DYS to petition committing court to extend custody past the age of 18  Typically completed during the youth’s 17 th year  Court reviews youth’s progress to determine if continued placement is appropriate  Extension grants DYS continued custody up to 21 st birthday

Release Process

  6-12 months prior to release, youth begins transition phase of programming focused on community re-entry, re-socialization, and restorative justice 1.

2.

DYS petitions court for release & hearing is held. Youth’s progress is reviewed and court makes release decision. Options include: Probation Revoke the suspension of the adult sentence

Programmatic Safeguards

 DYS must agree to accept all Dual commitments (RSMo 211.073.1.2)    DYS may petition the court to remove youth from the program if they are not amenable to treatment (RSMo 211.073.3) Extension Hearings required to retain a youth past age 18 (RSMo 211.073.4) DYS has developed, tested & implemented a diagnostic tool to determine if the Dual Commitment is appropriate

Success of Dual Jurisdiction in MO

 All youth who have successfully completed the program have been released with the adult sentence remaining suspended   Program results from 1996 inception - 2006   36 Youth Released (2 additional released in FY2007 but not captured here) 30 Successful; 6 Unsuccessful   Of the 30 Successful releases, 6 went to prison 83% Success Currently 15

in program; cases pending

Dual Jurisdiction Facility

 Montgomery City Youth Center  Montgomery City, Missouri  High Secure DYS Residential Program with Perimeter Fence  40 bed facility – divided into 4 cottages

Summary

It is ironic that a provision built into the federal Act to protect juveniles can potentially harm youth in Missouri as they would be less likely to be considered for Dual Jurisdiction, and more likely to be sentenced to prison as they will have less time to receive treatment and prove themselves to the court.

We propose:

 Upon the JJDP Act’s reauthorization, the JJDP Act be modified to allow a provision for dual jurisdiction  Or that the definition of “adult inmate” be modified or eliminated  Or that states operating these programs prior to the JJDP Act’s reauthorization be exempted or be analyzed on a state by-state basis to be considered for a waiver