RICHLAND COUNTY SHERIFF’S DEPARTMENT & U.S. DEPARTMENT of JUSTICE Voluntary Resolution Agreement.

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Presentation transcript:

RICHLAND COUNTY SHERIFF’S DEPARTMENT & U.S. DEPARTMENT of JUSTICE Voluntary Resolution Agreement

RCSD Key Contributors Command Staff School Resource Officer Program Youth Services Division Administrative Personnel

D.O.J. Key Contributors Office for Civil Rights (OCR) Office of Justice Programs (OJP)

RICHLAND COUNTY SHERIFF’S DEPARTMENT MISSION STATEMENT “It is our mission as trusted public servants, to prevent crime and the fear of crime by providing excellence in law enforcement services, accountability and connections with our communities ”. Core Values “A Passion for Service, Integrity, Accountability, and Professionalism”

 Brief History of Compliance Review  Introduction of Voluntary Resolution Agreement  Highlight the Role of the OJP Diagnostic Center  Discuss Expected Outcomes via the Agreement  Brief Discussion/Questions

 Highlight SRO Role According to Federal Guidelines  Collaboration with School Districts  The Old Approach vs. The New Approach  Mandatory Professional Development  Brief Discussion/Questions

 Mandatory Data Collection for All RCSD Youth Driven Programs  Mandatory Data Collection for the SRO Program  Mandatory Establishment of Community Based Work Group  Discussion/Questions

RCSD is a Recipient of Funding that is Provided by the United States Department of Justice A Compliance Review was Initiated on May 22 nd 2015 by the OCR of the Dept. of Justice Under the Authority to Ensure that Recipients of DOJ Funding Operate within the Guidelines of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act of 1990 The Review’s Overall Focus is to Ensure that the RCSD’s SRO Program is in Compliance with Federal Civil Rights Laws that Prohibit Discrimination Against Students Based on Race, Color, National Origin or Disability

The OCR reviewed RCSD Policies, SRO Training Materials, Arrest Records and Conducted Site Visits to the RCSD and Schools Served by the RCSD. The OCR Conducted a Series of Interviews w/ RCSD Command Staff, RCSD SRO(s), School Administrators, Community Members and Local Stakeholders In the Interest of Resolving the Compliance Review the RCSD and DOJ Entered into a Voluntary Resolution Agreement Designed to Guarantee that the SRO program is in Full Compliance of Federal Civil Rights Laws

The Voluntary Resolution Agreement is a Joint Effort It is a Product of the Voluntary Compliance Negotiations Between the DOJ and RCSD RCSD SRO will Continue to Serve Under the Direction of the Triad Concept (Law Related Educator, Law Enforcement Presence and Law Related Counselor/Mentor) SROs Shall Not Involve Themselves in Classroom Management or School Discipline Matters that Should Be Appropriately Handled by the School Staff

As of August 12 th, 2016 the OCR will Monitor the RCSD Compliance with the Terms of this Agreement by Reviewing the Data and Reports Submitted by the RCSD from the , and Subsequent School Year (Further explained in Phase III of Training) As of August 12 th, 2016 the OCR will Review and Approve All Policies, Procedures and Training Developed or Planned By or For the SRO Division Pursuant to this Agreement

 Brief History of Compliance Review  Introduction of Voluntary Resolution Agreement  Highlight the Role of the OJP Diagnostic Center  Discuss Expected Outcomes via the Agreement  Brief Discussion/Questions

Serves as an Internal Consultant Service for the Office of Justice Programs Will Assist the RCSD in Implementing the Terms of this Agreement Will Assist with Data Collection and Quantitative/Qualitative Data Analysis Serve as a Guide in Developing Policies and Procedures that will Reduce School Based Arrest, Seizures, Use of Force, SRO Involvement in Administrative Discipline and Classroom Management Will Contribute to the Planning and Delivering of Effective Training Programs to Address All of the Aforementioned Areas of Concern.

Trailblazing Opportunity in Becoming the First SRO Program in the Nation to Voluntarily Enter an Agreement that Ensures OCR Review Compliance of Title VI Enhance the Professionalism of Our SROs by Providing Advanced Training and Improve the Relationship between Law Enforcement, School Faculty, Community Stakeholders and the Youth within our Community Will Provide a Clear Definition of Role Parameters for Both the SRO and School Faculty

Will Decrease the Number of School Based Arrests and Increase Participation for the RCSD Diversionary Programs Will Assist in Creating Evidence Based Data for All of Our Diversionary Programs thus Increasing the Opportunity to Apply for Additional Outside Funding Solidify the Sustainability of the RCSD Mentoring Programs for Both the Youth Services Division and the SRO Program via a Comprehensive Evaluation Process Provided by the DOJ

 Brief History of Compliance Review  Introduction of Voluntary Resolution Agreement  Highlight the Role of the OJP Diagnostic Center  Discuss Expected Outcomes via the Agreement  Brief Discussion/Questions

 Highlight SRO’s Role According to Federal Guidelines  Collaboration with School Districts  The Old Approach vs. The New Approach  Mandatory Professional Development  Brief Discussion/Questions

Obligation to Secure an Interpreter When Dealing w/ a Child with a Hearing Impairment Understanding a SROs Responsibility to Reasonably Modify Practices When Responding to or Arresting a Child with a Disability Title VI Expectation that Defines the Officer’s Role in Reducing Disparities The SRO’s Responsibility to Avoid Implicit Biases

SRO Provided Training for School Faculty on the Difference Between Serious and Immediate Threats to Public Safety and Incidents Involving Public Order Offenses (Further Discussed in Phase III Training) Develop Information Strategies that will Ensure that the SRO(s) Receive All Relevant Disability Information to Include When a Student Experiences a Traumatic Event Review the Terms of this Agreement and Discuss Necessary Revisions to Existing MOU(s)

 Highlight SRO Role According to Federal Guidelines  Collaboration with School Districts  The Old Approach vs. The New Approach  Mandatory Professional Development  Brief Discussion/Questions

OLD APPROACH  USE OF DISTURBING SCHOOL STATUTE AS A BLANKET CHARGE  EVERY SCHOOL FIGHT WARRANTED AN ARREST  USE OF HANDCUFFS IN ORDER TO DE-ESCALATE A SITUATION NEW APPROACH  ONLY WHEN A SERIOUS AND IMMEDIATE THREAT TO THE SAFETY OF THE SCHOOL AND IT’S COMMUNITY IS PRESENT  ARREST ONLY WHEN A FIGHT RESULT IN AN INJURY THAT IS MORE THAN DE MINIMIS (MINOR IN NATURE) OR WHEN THE VICTIM’S RIGHTS ARE EXERCISED BY A CUSTODIAL PARENT OR LEGAL GUARDIAN  HANDCUFF WHEN ABSOLUTELY NECESSARY FOLLOWED BY THE COMPLETION OF A SRO COLLECTION SHEET (Highlight the Safety Restraint Box)

OLD APPROACH  ARREST A STUDENT FOR A PUBLIC ORDER OFFENSE  REMOVAL OF A STUDENT FROM THE CLASSROOM  RESPOND TO FACULTY REQUEST TO COUNSEL/MENTOR A STUDENT NEW APPROACH  WHEN ADDRESSING THE FOLLOWING CHARGES; VANDALISM, LOITERING, DISORDERLY CONDUCT AND SIMPLE ASSAULT AN ARREST WILL BE MADE ON THE 3 RD DOCUMENTED OFFENSE (Criminal Offenses Only…This Does Not Include Administrative School Violations i.e. Tardiness, No School ID, Refusal to Follow the Command of School Faculty)  ABSENT THE PRESENCE OF A SERIOUS OR IMMEDIATE THREAT TO THE SAFETY OF THE SCHOOL THE SRO WILL ALLOW THE FACULTY TO EXERCISE THE DISCIPLINARY CODE  MUST DOCUMENT EACH CONTACT AND INCLUDE THE TYPE OF INTER- DEPARTMENTAL REFERRALS (i.e. Provide Youth Services Division Information/website ) INCLUDE COUNSELING DISPOSITION

OLD APPROACH  SRO INITIATED CONTACT IN ORDER TO COUNSEL/MENTOR A STUDENT  ON THE DAY OF ARREST ONLY COMPLETE AN INCIDENT REPORT FOR SUPERVISOR APPROVAL  SUPERVISOR EVALUATIONS CONDUCTED ONCE A YEAR ON OVERALL PERFORMANCE NEW APPROACH  MUST DOCUMENT EACH CONTACT AND INCLUDE THE DISPOSITION ON THE NEWLY DEVELOPED SRO DATA COLLECTION FORM. FORMS MUST BE ED NO LATER THAN 24 HRS AFTER THE INCIDENT (THE NEW DATA COLLECTION FORM WILL BE DEVELOPED WITH THE ASSISTANCE OF THE DOJ DIAGNOSTIC CENTER, SO IT MAY CHANGE)  SRO(s) WILL BE REQUIRED TO COMPLETE A SRO DATA COLLECTION FORM FOR EVERY ARREST AND IT TO SGT. MCDANIELS ON THE DAY OF THE ARREST TO INCLUDE THE INCIDENT  SRO COMMAND STAFF WILL REVIEW ALL INCIDENTS INVOLVING AN ARREST WITH EACH SRO AT LEAST TWICE A SEMESTER

 Highlight SRO Role According to Federal Guidelines  Collaboration with School Districts  The Old Approach vs. The New Approach  Mandatory Professional Development  Brief Discussion/Questions

DURING THE SCHOOL YEAR THE BELOW DEPICTED TRAINING WILL BE PROVIDED FOR EACH SRO ; RCSD PROCEDURE No. 908-A NEWLY DEVELOPED DISABILITY POLICY CONSCIOUS DISCIPLINE STRATEGY CLEAR CRITERIA FOR SRO INVOLVEMENT IN SCHOOL-BASED, NON-EMERGENCY SITUATIONS

UPDATED SRO TRAINING MANUAL BIAS-FREE POLICING, IMPLICIT RACIAL BIAS AND CULTURAL COMPETENCE COLLABORATIVE TRAINING THAT WILL INCLUDE LAW ENFORCEMENT,SCHOOL FACULTY AND SOCIAL SERVICES ADOLESCENT PSYCHOLOGY

 Highlight SRO Role According to Federal Guidelines  Collaboration with School Districts  The Old Approach vs. The New Approach  Mandatory Professional Development  Brief Discussion/Questions

 Mandatory Data Collection for All RCSD Youth Driven Programs  Mandatory Data Collection for the SRO Division  Mandatory Establishment of Community Based Work Group  Discussion/Questions

Each RCSD Diversionary Program will be Evaluated In Order to Establish the Presence of Evidence Based Results The DOJ Diagnostic Center will Assist with Conducting a Quantitative and Qualitative Data Analysis for Each RCSD Diversionary Program Anonymous Pre & Post Surveys will be Created and Administered to all Juvenile Participants In Order to Scientifically Determine the Program’s Effectiveness

SRO Data Collection Forms Will Be Used As Supporting Evidence that the RCSD SRO Program is in Compliance with the Before Mentioned U.S. Department of Justice Voluntary Resolution Agreement. A “SRO Data Collection Form” Will Be Used in Order to Properly Record Each Arrest, Non-Arrest and Safety Restraint Interaction. All “SRO Data Collection Forms” will be Submitted on a Daily Basis via No Later Than 24 hrs After the Incident. Failure to Do So Will Result in Disciplinary Action (To Include Any Contact Made Over the Weekend During a School Related Event. Submission Must Be Made By the Following Monday Morning) (Form subject to change)

 Mandatory Data Collection for All RCSD Youth Driven Programs  Mandatory Data Collection for the SRO Division  Mandatory Establishment of Community Based Work Group  Discussion/Questions

Within 120 Days of the Signed Voluntary Compliance Agreement the RCSD Shall Facilitate the Establishment of a Newly Developed Community Work Group Will Be Charged w/ Providing Input on the RCSD MOU(s) and How the RCSD Can Appropriately Meet the Needs of the Students w/ Disabilities and their Role as a Law Enforcement Official to Reduce Disparities that Implicate Race, Color, National Origin and Disability in SRO Referral, Seizure, and Arrest Rates Work Group Will Consist of RCSD/School Administrators, SRO(s), Section 504/ADA Coordinators, Teachers, Parents, Students, Juvenile Court Judge, Juvenile Deputy Solicitors, Juvenile Public Defenders, Juvenile Advocates, Advocates for Individuals with Disabilities and Social Service Providers

 Mandatory Data Collection for All RCSD Youth Driven Programs  Mandatory Data Collection for the SRO Division  Mandatory Establishment of Community Based Work Group  Discussion/Questions