Call to Order and Roll Call
The 9th meeting of the Task Force on the Unified Juvenile Code was held on Tuesday, November 19, 2013, at 10:00 AM, in Adair Youth Detention Center. Senator Whitney Westerfield, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Whitney Westerfield, Co-Chair; Representative John Tilley, Co-Chair; Harry L. Berry, Hasan Davis, Glenda Edwards, Steven Gold, Teresa James, Lisa P. Jones, Bo Matthews, Mary C. Noble, Pamela Priddy, and John Sivley.
Guests: Senator Sara Beth Gregory
LRC Staff: Matt Trebelhorn, Jon Grate, Jessica Causey, and Kathy Miller.
Approval of Minutes
A motion was made by Mr. Bo Matthews to approve the minutes from the 8th meeting of the Unified Juvenile Code Task Force. The motion was seconded by Dr. John Sivley and carried by voice vote.
Guest of the Task Force
Senator Whitney Westerfield recognized a guest of the Task Force, Senator Sara Beth Gregory. Senator Gregory welcomed the task force to the 16th Senate District.
Roundtable Discussion
Senator Westerfield introduced recommendations addressed at the November 6, 2013 meeting. He gave an overview of the report from the PEW Foundation and opened the meeting for questions and comments.
The recommendations to the task force were grouped under six headings.
Admissions/Dispositions
The task force has five recommendations regarding admissions and dispositions:
1. Establish minimum requirements that schools must meet prior to filing a court referral and review the role of school resource officers.
2. Require schools to report specific data on school referrals and report information on programs available for at-risk youth.
3. The increased use of early intervention options and disposition alternatives, and expand training in these options for juvenile justice professionals.
4. That KRS 635.010 be clarified to give County Attorneys the ability to decide not to file a case if it is appropriate to do so, even if reasonable cause exists.
5. That the risk and needs assessment utilized by the Department of Juvenile Justice (DJJ) be validated and that there be increased requirements to provide the assessment to the court to utilize in its decision-making at disposition.
Length of Stay
The task force recommends that the legislature establish a framework to limit the time that lower level offenders are placed out of home. DJJ treatment plans should include a combination of treatment within the facilities and continuing treatment in the community, tailored to the needs of the youth. Periodic hearings and additional case planning by a review committee should be in required to provide oversight and review the appropriateness of continued out-of-home placement.
Supervision
The task force has four recommendations:
1. Replacement of the current system, in which a juvenile committed to DJJ remains under supervision until age 18 or is discharged, with a finite period of supervision that is correlated to the seriousness of the offense.
2. Increase DJJ supervision and aftercare requirements. This increase for juveniles in the community is necessary to improve outcomes and reduce recidivism.
3. Require more involvement from parents in offender interventions. The interventions may require involvement in counseling or case management for the youth, attending parent education courses, accessing family preservation service and undergoing substance abuse testing.
4. Maximize use of federal funding to meet the needs of children and families involved in the juvenile justice system. In particular, the federal funds should be used to increase services in the community.
Services
The task force recommends increasing use of evidence-based programs and practices to increase the effectiveness of the services provided to juveniles and their families. The task force also recommends allowing the use of promising programs and practices to allow for the development of new and innovative ideas which can be shown to be effective, and that performance measures be used to track key outcomes for juvenile justice interventions.
Oversight
The task force recommends establishing an ongoing council or commission to provide oversight of the implementation of the policies adopted or mandated from its recommendations. The oversight body should have the authority to continue review of additional juvenile justice issues as necessary. The task force recommends improving the current measures to track recidivism and establishing additional measures where necessary.
Status Offenders
The draft recommendation was to prohibit the Cabinet for Health and Family Services (CHFS) from placing adjudicated status offenders out of home. After discussion, this recommendation was changed to: “Restrict the Cabinet for Health and Family Services from placing adjudicated status offenders out of home.” The task force found that there are approximately 250 status offenders who have been committed to the cabinet and who are in out-of-home placement. These status offenders are staying in out-of-home care for an average of eight months. Placement of status offenders out of home is not appropriate. These youth are better served in the community where they can receive services, particularly family intervention services. The task force recommends that the cabinet be restricted from placing status offenders in out-of-home placements. The cabinet must prioritize serving youth in the home. If in-home services are not successful, and after a full clinical assessment determines out of home placement is needed, further steps may be taken to pursue out-of-home placement. Further, the task force recommends that youth currently in out-of-home placements be returned as soon as possible to the community with appropriate services to address their needs.
The remainder of the meeting was devoted to discussion and recommendations of placement, services, and status cases.
Placement
The task force recommends prohibiting commitment of certain juvenile misdemeanants and establishing criteria that must be met prior to commitment. The task force further recommends imposing some limitations on the ability of DJJ to place the lower level offenders out of home. The task force recommends establishing a lower level sanction for the less severe Class D felony offenses by creating a separate disposition that is available to certain Class D offenders based on statutory criteria.
Services
The task force discussed establishing a fiscal incentive program to reinvest savings from juvenile justice reforms into community services. To facilitate the development of interventions that will serve as alternatives to incarceration, the task force recommends that the legislature appropriate funding for the program.
Status Cases
The task force recommends establishing an alternative process for status offenders that allows for assessments and referrals to services prior to any court involvement and provides ongoing case management. The system should require family engagement if appropriate. The task force further recommends the prohibition of or limits on the detention of status offenders for violations or findings of contempt and that consideration be given to continuing reforms to the status offender system, including court jurisdiction.
There being no further business, the meeting was adjourned.