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HomeMy WebLinkAboutJuv Dept Report Deschutes County Department of Community Justice J. Kenneth Hales, Director 633360 Britta Street, Building 2, Bend, OR 97701 Adult Parole & Probation 541.385.3246; Juvenile Community Justice 541.388.6671 Memorandum To: Dave Kanner From: J. Kenneth Hales Date: March 17, 2011 Re: Juvenile Services Economies Attached to this cover note is the requested report on the cost and value of Juvenile Department services. I am available at your convenience to discuss this further. Juvenile Services and Budget Analysis March 17, 2011 This report provides information on the cost effectiveness of Deschutes County juvenile department services. The report identifies services and programs that juvenile departments are required to provide and compare certain service costs to the state average. The report will also identify services and programs that the Deschutes County juvenile department and comparable departments provide which the law does not require. The report shall, to the extent possible, identify the value of permissive services to the community. Statutory Requirements: State statutes prescribe a broad range of duties for counties and county juvenile departments to perform. County and juvenile department duties identified in statute include:1 1. County shall have a juvenile department 2. County shall if over 400,000 population, operate a detention center 3. Juvenile department shall investigate and report… youth brought before the court 4. Juvenile department shall be present in court 5. Juvenile department shall furnish information and assistance, as the court requires 6. Juvenile department shall take charge of kids before and after court hearing 7. Juvenile department shall report monthly to school administrators 8. Juvenile department shall disclose youth records if... subject to disclosure 9. Juvenile court or juvenile department shall ... expunction of a record 10. Juvenile department... (shall) administer court services2 11. Juvenile department may operate a detention center if less than 400.000 population 12. Juvenile department, to the extent possible, shall create opportunities for youth to pay restitution and perform community service. Either explicitly or by interpretation and historical practice juvenile departments are required to provide a broad range of pre-adjudication services for the court for youth accused of delinquent offenses 3 and violations4 . The law is clear on juvenile department responsibilities for adjudicated delinquents and delinquents on formal accountability agreements. In this writer’s opinion, the law is vague and non-prescriptive as it relates to juvenile department duties with non-delinquent youth and youth who are not brought before the court. Comparable Counties: To get an idea of what typical or unique juvenile services are we compared the Deschutes County juvenile department to Jackson, Linn, and Douglas County juvenile departments because these counties are most similar to Deschutes County. 1 ORS 3.260, 419A.010 et al, 419B.550 et al 2 Statutory language infers juvenile department responsibility for court services. Court services is defined as services and facilities relating to intake screening, juvenile detention, shelter care, investigations, study and recommendations on disposition of cases, probation on matters within the jurisdiction of the court… family counseling, conciliation in domestic relations, group homes, and psychological or psychiatric or medical consultation and services provided at the request of or under the direction of the court. 3 Delinquent offenses are acts that if committed by an adult would be a misdemeanor or felony crime. 4 Violations are status offenses because they apply only to youth. This includes but is not limited to minor in possession of alcohol, possession of tobacco, curfew violations, and truancy. Illustration 1 County Demographics 0 5,000 10,000 15,000 20,000 25,000 30,000 Jackson Deschutes Linn Douglas Juv Population Per Capita Income Juvenile Department Services: All counties provide, either directly or through contract, the required basic court services. These are: • Records expunctions • Intake5 • Making court reports and appearing in court hearings with suspected delinquents and violators • Providing or facilitating the provision of mental health and drug and alcohol evaluations 6 In addition, a department’s responsibilities to assist the court in deciding cases the counties are also required to provide field services supervision. As used in this report, field services includes supervising delinquents on court ordered probation, supervising youth awaiting court disposition, and supervising youth on formal accountability agreements in lieu of prosecution. Illustration 2: Average Number of Youth on Field Service Supervision 0 100 200 300 400 500 600 Jackson Deschutes Linn Douglas Field Services ADP Probation ADP 5 The term “intake” as used here refers to a set of activities stemming from what happens with new police reports or citations. Intake involves the review of all new citations and police reports and deciding what happens. The action may be referring youth and parents to community based services; the case may be forwarded to the assistant district attorney for prosecution; or the case may be placed on diversion from prosecution supervision with the department. 6 Although the law does not specifically identify juvenile department responsibility for providing mental health and drug and alcohol evaluations and emancipation counseling, all juvenile departments provided these services. The services could be inferred as part of the juvenile department’s responsibility to provide other information and services to the court. The law does not specify that juvenile departments supervise youth accused of or prosecuted for violations. However, of the counties surveyed all but Jackson County provide some form of violator supervision. All counties in the comparison group operate juvenile detention facilities. Douglas and Jackson Counties also operate a shelter. Illustration 3: Detention and Shelter Facility Capacity and Average Daily Population 0 10 20 30 40 50 Jackson Deschutes Linn Douglas Detention ADP Detention Capacity Shelter ADP Shelter Capacity Table 1 lists the most common permissive services provided by the detention centers in the comparison counties. Table 1 Detention Services Jackson Deschutes Linn Douglas  Mental health crisis / counseling N Y Y Y  Cognitive skill building Y Y Y Y  30‐Day program N Y Y Y  Alcohol and drug  treatment N N N Y  In addition to the required functions and services commonly understood to be juvenile department duties, there is a host of other restorative, prevention, or treatment services that counties provide. Table 2 lists the permissive services provided by each county. Table 2 Other Programs & Services Jackson Deschutes Linn Douglas  Community Service Crew N Y Y Y  Community Service non‐crew Y Y N N  Victim Advocacy N Y Y Y  Victim Offender Mediation Y Y N N  Girls or Boys Circle Y Y Y Y  Teen Court N Y N Y  Community Accountability Court N Y N N  FFT/Other Family Therapy CONTRACT Y N N  Cognitive Skills in  ‐ Community Y Y Y Y  Family skill building/intervention CONTRACT Y Y Y  Sexual Offender Treatment CONTRACT N Y Y  Cost Value Analysis: A thorough discussion of the cost and value of required juvenile department services like basic criminal justice services is extremely complex and beyond the scope of this report and mute in the sense that we cannot chose not to perform those services. Some activities like intake, court appearances, court reports, emancipations, expunctions have expense but do not have a public safety value. The direct services the activities performed directly with juveniles have a public safety value related to expense and the value can be positive or negative. For example, research has proven that there is a cost avoidance value to probation and diversion supervision if probation is provided in lieu incarceration and if diversion is provided in lieu of prosecution. The cost value is not derived from reduced recidivism, but from providing accountability less expensively without increased risk to public safety. Research indicates there is a positive impact on public safety through reduced recidivism if high-risk offenders receive both supervision and treatment. Research also indicates that intensive correctional supervision or incarceration when applied to low risk offenders have a negative value because it waste of resources without an increase in public safety and can increase, not decrease recidivism. Therefore, as it relates to required services, the challenge is to provide them in the correct way to the correct juveniles. The consideration is different with permissive services. These we can choose not to do. Community impact and cost avoidance research is available on some permissive services provided by Deschutes County and other counties. See Table 3. What we learn from this is that all the permissive community based services we provide are researched based except supervising violators. Although there is strong sentiment among some community partners that the juvenile department should be involved with non-delinquent youth, there is no research supporting a criminal justice value for supervising youth for status offenses 7 or violations. Table 3 Program or Service Effective in  reducing  recidivism and or  victimization*  Effective in  promoting  community  and or  victim  benefits*  Ave #  Clients  (Annual) Unit Cost Cost  Avoidance  (Victims +  System)*  Violation supervision   200 $      98 U/K  Community Service Crew  X 100  $       15 U/K  Victim Advocacy  X 200  $      84 U/K  Victim Offender Mediation X X 10 $     168  U/K   Teen Court X X 36 $  1,111  $    16,908   Community Accountability  X 12 $  1,667  U/K   FFT/Other Family Therapy X  85 $  3,500  $    52,156   Sexual Offender Treatment X   $30,000  $    57,504   *Based on 2009 Washington Institute Public Policy and 2010 OJDDP Research / Summaries of EBP/Model Programs 7 Status offenses are offenses that are not crime for adults such as minor in possession of alcohol. All other programs listed have been proved to reduce recidivism or victimization and/or provide benefit to the community or victims. Research indicates that family therapy and sex offender treatment provide the highest cost avoidance value. Comparison of cost data between counties and programs is notoriously unreliable. Nevertheless, the information available to us is that the cost to house a youth in the Deschutes County juvenile detention center is $253 a day and to incarcerate a youth in an Oregon Youth Authority juvenile correctional facility is $219 a day. The average cost per day for juveniles on Deschutes County field service supervision is $13 a day; the average for all Oregon counties is $10 per day and for the Oregon Youth Authority it is $18 a day. Illustration 4 Cost Comparisons *Per capita expenditures based on county juvenile population. Deschutes County Juvenile Department budget based on current year projected expenditures and does not include contingency. As displayed in illustration 4 Deschutes County has the highest and Jackson County has the lowest per capita expenditure rate of the comparison counties. This can be explained in part by the higher salaries paid to Deschutes County juvenile division employees. Jackson County juvenile probations officers and level I juvenile detention staff are compensated at 19% and 27% less respectively. In addition, Jackson County has the highest percent of their field service population on diversion supervision. The cost of diversion should be less than the cost of probation because it is less intensive and of shorter duration. Lastly, Jackson County does not do victim advocacy or supervise a community service crew. Of the permissive programs or services provided by Deschutes County, Functional Family Therapy and the juvenile community service crew are the most costly. However, I do not recommend reducing the investment in these two programs. Functional Family Therapy has a very high cost avoidance value and non-county general funds revenues cover much of its expenses. The juvenile community service crew has evolved into the juvenile and adult community service crew. It is the department’s most visible restorative justice program, and is of considerable value to the community. Additionally, although supervising a community service crew is not specifically required, it is our way to meet the statutory requirement to create opportunities for youth to fulfill their community service obligations. The cost of the other permissive services listed in Table 3 is indirect in that these services are provided by juvenile probation staff in addition to their primary duties to provide court and probation services. Conclusions: Significant further economies cannot be derived from the cost of detention operations without closing another living unit, which may result in insufficient capacity to serve current and near future demand. However, anticipated changes in Oregon Youth Authority incarceration practices and diversion grant policy resulting may create opportunities to fill some unoccupied capacity in the detention center and increase out of county revenue. Occupancy rates and revenue trends shall be examined again prior to finalizing the FY 2013 budget. Since FY 2007, the number of FTE assigned to juvenile field services is unchanged whereas the number of youth under supervision has declined by approximately 30%. Unless there is a significant change in service demand as a result of changes in Oregon juvenile correctional policy or other factors unknown at this time, a reduction in the number of juvenile probation officer positions filled may be warranted in FY 2013.