Juvenile Justice Reform in Kentucky Rachel Bingham, Executive Officer Department of Family and Juvenile Services Administrative Office of the Courts Kathy to introduce session, discuss session objectives, and lead audience introductions?

A Call for Reform: Intended Impacts of SB 200

Juvenile Justice Reform Overview A Call for Reform Juvenile Justice Reform Overview Kentucky had the 4th highest (among 50 states) for juveniles detained for status offenses. DJJ spent half of its $102 million dollar budget on out-of-home placements. Detention beds and beds in the youth development centers cost over $100,000 per year. In addition, DCBS spent $6 million in fiscal year 2012 for out-of-home placement of status offenders.

Juvenile Justice Reform Overview A Call for Reform Juvenile Justice Reform Overview Significant resources were used on out-of- home residential placement for low-level status and public offenders. Time violators/misdemeanants spent out-of- home was about the same as those adjudicated on felonies. Has increased 31% and 21%, respectively over the past decade. Lack of community services/alternatives has likely contributed to DJJ and DCBS commitments and more youth being placed out-of-home.

Achieve Better Outcomes for Kentucky Youth and Families Intended Impacts of SB 200 Increase access to diversion Limit the use of out-of-home placements for youth Increase and strengthen the use of evidence- based programs, practices and policies in local communities Increase the use of assessment and structured decision-making tools Reduce recidivism rates SB 200 was passed by the legislature in 2014. Discuss the importance of keeping youth in the community to receive intervention More natural supports Ability to practice new skills in natural environment Connection to more long-term supports May mention that the Crime and Justice Institute (CJI) is providing ongoing technical assistance to reduce recidivism in the context of diversion, including providing training on evidence-based practices in diversion (Principles of Effective Intervention and Graduated Responses)

Focus the Most Expensive Resources on the More Serious Offenders Match the level of intervention with the level of risk of the youth Maximize cost savings Reinvest cost savings at the community level Serve more youth in their local communities Intended Impacts of SB 200 AOC has significantly invested in SB 200 with the establishment of FAIR Teams, the creation of a Court Designated Specialist position to lead the FAIR Teams and administer needs assessments, and providing diversion to an increased number of youth.   While reinvestment funds have accrued, they have largely not yet been made available to local communities. However, stakeholders are in the process of overcoming barriers to open up these funds for communities, and have begun providing grant opportunities with current unrestricted funds that are available.

SB 200 Impact on Kentucky Department of Juvenile Justice Key Policy Changes SB 200 Impact on Kentucky Department of Juvenile Justice Prohibit DJJ commitment for most youth adjudicated for probation violation, misdemeanor or Class D felony Cap probation, commitment and out of home placement length for misdemeanors and Class D felonies Require use of risk assessment, graduated responses and changes to treatment planning process DJJ Probation Dispositions down 36% since 2014 Increase in proportion of Black youth among Probation Dispositions (AA=20% in 2012, 29% in 2016) (W=70% in 2012, 61% in 2016) 10% decline in Probation Dispositions for Black youth; 43% decline for White youth since 2014 DJJ Commitments down 43% since 2014 14% increase in proportion of Black youth among DJJ commitments from 2012-2016 (AA=28% in 2012 to 42% in 2016) (W=62% in 2012 to 45% in 2016) 25% decline in DJJ commitments for Black youth, 55% decline for White youth since 2014

SB 200 Impact on Kentucky Diversion Program Key Policy Changes SB 200 Impact on Kentucky Diversion Program Require Court Designated Workers (CDWs) to utilize screening and assessment and graduated responses in diversion Codify mandatory diversion for certain youth and restrict county attorney and judge overrides Establish Family, Accountability, Intervention and Response (FAIR) teams to provide oversight and support youth in diversion

Kentucky Diversion Program Overview CY 2016 Cases Placed on Diversion Kentucky Diversion Program Overview Pre Court Process

Kentucky Diversion Program Overview CY 2016 Diversion Outcomes Kentucky Diversion Program Overview

Establishment of FAIR Teams CY 2016 Referrals to FAIR Team by Case Type Establishment of FAIR Teams 2,405 total cases reviewed 64 cases were reported to DCBS Total of 2405 Cases 3% (64) of all cases were reported to DCBS High Needs – 1145 Unsuccessful – 698 Failure to Appear – 427 Referral from DPP – 70 Other - 65 -Decline Diversion – 17 -Referral from Court – 5 -Other reason - 43 Race Breakdown- Cases Referred to FAIR Team 71% White 21% African American 4% Hispanic 0.2% Asian (5) 0% Native American (0) 2% Multi-Racial 0.7% Other (16) 0.7% Unknown (16)

Early Positive Outcomes

Early Positive Outcomes Increased Access to Diversion Early Positive Outcomes In CY 2016, 12,652 (56%) of the 22,568 youth who received a complaint were placed on diversion In CY2013, 9,643 (40%) of the 24,079 youth who received complaints in 2013 had the opportunity to participate in diversion. This means there has been a 31% increase of youth placed on diversion In addition, 90 percent of diversions (10,699) closed in 2016 were completed successfully compared to 86 percent (8,201) in 2013.   This confirms that the additional youth who are receiving the opportunity to participate in diversion are appropriate and capable of completing diversion successfully.

Early Positive Outcomes Reductions in the Number of Commitments to State Custody Early Positive Outcomes When comparing CY 2016 to CY 2013, there has been a 38 percent decrease in public and status offenses referred to court Youth housed in juvenile detention centers and other out-of-home placements has drastically reduced When comparing CY 2016 to CY 2013, there has been a 38 percent decrease in public and status offenses referred to court. CY 2016 8,123 court referrals: 7,260 public and 863 status CY 2013 13,151 court referrals: 10,230 public and 2,921 status   The greatest impact has been in status cases. The 2,921 status cases referred to court in CY 2013 dropped to 863 by CY 2016 – a 70 percent decrease!

Early Positive Outcomes Reduced Recidivism Rates Early Positive Outcomes In FY 2015, 75% of youth who had successfully completed their diversion had not received a subsequent complaint within the following year Youth who were unsuccessful in completing their diversions recidivated at a higher rate, with 40% of youth receiving a subsequent complaint within the following year /

CY 2016 Case Outcomes for FAIR Team Referrals Impact of FAIR Teams 2897 cases closed Successful – 900 Referral to Court – 1054 Dismissed – 188 If Jefferson County were removed: 51% Successful (831) 7% Dismissed (113) 42% Referred to Court (682) (Jefferson County 2016 FAIR Outcomes) 13% Successful (69) 15% Dismissed (75) 72% Referred to Court (372)

Unintended Consequences: Disproportionate Minority Contact in Kentucky

Slightly Higher Proportion of Black Youth Represented Among Complaints DMC in Kentucky The first point where you start to see racial disparities is at the point of complaints coming into the system Remember, Kentucky’s youth population is about 82% white, 11% black These disparities have been pretty consistent over time, but have increased slightly in recent years for youth of color. The racial disparities are much larger for public complaints – black youth have greater representation among public offenses (30%) than status offenses (18%). This is true over time as well. Data provided by Crime and Justice Institute (CRJ)

Black Youth Have Higher Representation Among Diversion Overrides DMC in Kentucky There are also substantial racial disparities among diversion overrides – again , remember, this is not just about higher level charges – even looking at misdemeanor, status or violation offenses, you see higher representation for black youth among diversion overrides (and you compare this to youth who commit those offenses and get diverted, you see much less representation) Data provided by Crime and Justice Institute (CRJ)

14 Percentage Point Increase in Proportion of Black Youth Among DJJ Commitments from 2012-2016 DMC in Kentucky Data provided by Crime and Justice Institute (CRJ)

Higher Proportion of Black Youth Are Detained for Felony Offenses DMC in Kentucky Data provided by Crime and Justice Institute (CRJ)

Black Youth Account for More than Half of Youthful Offender Referrals DMC in Kentucky Data provided by Crime and Justice Institute (CRJ)

SB 200 Fiscal Incentive Plan

Reinvestments: SB 200 Fiscal Incentive Plan Any savings achieved by the Department of Juvenile Justice as a result of a reduction in the population in Department of Juvenile Justice facilities shall be reinvested Funds local efforts that enhance public safety while reducing juvenile justice system costs Identification of a local committee, either newly formed or already existing responsible for application and implementation

SB 200 Fiscal Incentive Plan Grant Application Review SB 200 Fiscal Incentive Plan Criteria to include (but not limited to): Whether grant funds will be used to leverage existing funding resources or increase access to existing resources; Geographical distribution; The number of youth potentially served by the program or service; The cost of the program or service; and The existence of similar services in the judicial district

SB 200 Fiscal Incentive Plan Grant Application Review SB 200 Fiscal Incentive Plan Criteria to include (but not limited to): How the program reduces commitments; How the program reduces out-of-home placements; How the program reduces recidivism; How the program establishes or utilizes educational, vocational, substance abuse, behavioral health, mental health, or family intervention services, and local alternatives to detention

For additional information, contact: Rachel Bingham, Executive Officer Department of Family & Juvenile Services Administrative Office of the Courts rachelb@kycourts.net