Chapter 14: Juvenile Corrections: Probation, Community Treatment and Institutionalization

Community Treatment Efforts to provide care, protection, and treatment for juveniles in need Various forms of such treatment include: Probation Treatment services such as individual/group counseling Restitution Foster homes Small group homes Boarding schools Counseling Vocational training LO1.

Institutional Treatment Correctional centers operated by federal, state and/or county governments Restrict movement of residents through means such as staff monitoring, locked exits, and interior fence controls Various types of such treatment include: Reception centers Specialized facilities Training schools Ranch/forestry camps Boot camps Suppression Effect: A reduction in the number of arrests per year following release from a secure facility LO1.

Juvenile Probation Non-punitive, legal disposition of juveniles emphasizing community treatment with close supervision Primary form of community treatment used in the juvenile system Characterized by: Established set of rules Treatment in the community Community-based programs that provide services ranging from group counseling to drug treatment LO1.

Question 1. A juvenile can reimburse the victim of a crime or donate money to a charity or public cause; this is called: a. community service b. a fine c. monetary restitution d. monetary probation

Historical Development In England: Specialized procedures for dealing with youth offenders as early as 1820 In the US: Juvenile probation as part of social reform in the latter half of the 19th century Massachusetts took the first step in 1869 By 1890, probation had become a mandatory part of the court structure The rapid spread of juvenile courts during the first decades of the 20th century encouraged the further development of probation Youth could be rehabilitated and the public was responsible for protecting them LO1.

Question 2. Murray and Cox report there is a ___________________, a reduction in the number of arrests per year, following release from a secure treatment facility. a. sensitizing effect b. suppression effect c. brutalization effect d. resiliency effect

Question 3. ____________________ is the primary form of correctional treatment used by the juvenile justice system. a. Probation b. Electronic monitoring c. Shelter care d. Individual counseling

Contemporary Juvenile Probation Contemporary probation: Considered the backbone of community treatment for juveniles Most popular juvenile disposition for juvenile court judges: 322,900 juveniles were placed on formal probation in 2008 Direct judicial order that allows youth to remain in community under court supervision Conditions of probation vary Typically involve basic rules such as attending school/work, keeping regular hours, remaining in the jurisdiction, and staying out of trouble Often ordered for indefinite period of time LO1.

Figure 14.1 Probation and Correctional Population Trends

Arguments in Favor of Probation For youths who can be supervised in the community, probation represents an appropriate disposition Probation allows the court to tailor a program to each youth offender Research raises questions regarding the adequacy of the present system to attend to special needs of female probationers Personalized probation plans help with this problem The justice system continues to have confidence in rehabilitation while also accommodating demands for legal controls and public protection Probation is often the disposition of choice, particularly for status offenders LO1.

Conditions of Probation Rules and regulations mandating that a juvenile on probation behave in a particular way: Restitution or reparation Intensive supervision Intensive counseling Participation in a therapeutic program Participation in an educational or vocational training program Lead law-abiding lives Maintain a residence in a family setting Refrain from associating with certain types of people Remain in a particular area unless given permission to leave Supreme Court ruled that a juvenile is normally entitled to legal representation and a hearing if cited for a probation violation LO1.

Duties of Juvenile Probation Officers Typically involved at four stages of juvenile process: Intake Screen complaints and make case decisions: refer the child to agency for service or to the court for judicial action Predisposition Participate in release or detention decisions Post adjudication Assist the court in reaching a dispositional decision Prepare pre dispositional reports containing pertinent, comprehensive information regarding the juvenile Post disposition Supervise juveniles placed on probation Provide supervision and treatment in the community Provide extensive counseling to the child and family Refer to social service agencies LO1.

Question 4. __________ are rules mandating that a juvenile on probation behave in a particular way, and can include restitution, counseling, and educational and vocational programs. a. Probation code of conduct b. Conditions of probation c. Intake plan d. Personalized treatment plans

Probation Officers – Current Example Juvenile probation officers work with youths who are on probation. Their duties include, but are not limited to: Meeting with offenders, their friends, family, and local residents in their neighborhood Monitoring offenders Attending substance abuse classes Investigating the background of juveniles, writing descriptive reports and giving recommendations to the local court Attending court hearings to voice their recommendations and provide information about offenders and their probation progress Based on the above job requirements, what credentials should a juvenile probation officer have? For example, education, knowledge, skills, and experiences etc. LO1.

Probation Innovations Intensive supervision Juvenile intensive probation supervision (JIPS) Treating juveniles normally sent to secure confinement in the community as part of small, specialized caseload Goals are decarceration, control, and maintaining community ties and reintegration Electronic monitoring House arrest coupled with electronic monitoring is common Effectiveness is debatable Seems to be effective only with certain populations LO2.

Probation Innovations Restorative justice Nonpunitive strategy that attempts to address issues that produce conflict between parties Key is restoration rather than retribution or punishment Balanced probation Integrates community protection, accountability, competency, and individualized attention to juvenile Restitution Can take on several forms: monetary, victim services, and community service, among others Most research shows it is reasonably effective LO2.

Probation Innovations Residential community treatment Residential programs: Non-secure facilities where juveniles are closely monitored Group homes: Non-secure residences that provide counseling, education, job training, and family living Foster care programs: Involve placement of juvenile with families Family group homes: Combination of foster care and group homes Rural programs: Provide recreational activities or work for juveniles in a rural setting, i.e., forestry camp or farm, ranch LO2.

Division of Juvenile Justice, CA – Current Example In response to the budget crisis in California, Gov. Jerry Brown signed Assembly Bill (AB) 109 and 117 in 2011, which will eliminate the state’s Division of Juvenile Justice in 2014. Under this realignment, funds are being redirected to the counties to house juvenile offenders convicted of the most violent crimes. This realignment is reported to save the state a total of $250 million a year in the long term. What are the pros and cons of such realignment? Do you think the monetary savings are worth the cuts to this program? Do you believe this is an appropriate way to deal with violent juvenile offenders? LO3.

Question 5. What is not a goal of Juvenile intensive probation supervision? a. Control b. Incarceration c. Reintegration d. Maintaining community ties

Question 6. In ___________________, the offender is required to stay home during specific periods of time; monitoring is done by random phone calls and visits or by electronic devices. a. milieu therapy b. boot camps c. wilderness probation d. house arrest

Question 7. Which of the following juveniles is the most likely recipient of Juvenile Intensive Probation Supervision? a. status offenders b. first time property offenders c. juveniles who would normally be sent to secure facilities d. juveniles who would normally be waived to the adult system

Question 8. Which is not a residential program for juveniles? a. Group home b. Rural programs c. Foster home d. Reform school

Secure Corrections History of juvenile institutions Until the early 1800s, institutions housed juveniles and adults New York House of Refuge established in 1825 Reform Schools: Institutions that provide educational and psychological services to improve the conduct of juveniles who are forcibly detained Massachusetts had the first reform school in 1846: Lyman School for Boys in Westborough Cottage system: Second half of the 19th century Housing in a compound of small cottages accommodating 20-40 children Massachusetts had the first cottage system in 1855 LO3.

Secure Corrections Twentieth-Century Developments 1899: 1930s: 1940s: First juvenile court 1930s: Civilian Conservation Corps began to emerge Los Angeles County was the first to use camps U.S. Children’s Bureau sought to reform juvenile institutions 1940s: American Law Institute’s Model Youth Correction Authority Act passed 1970s: Focus on least restrictive alternative Removal of status offenders from secure confinement 1994: OJJDP reported the following widespread problems in juvenile justice facilities: Overcrowding, inadequate health care, lack of security, and poor monitoring of suicidal behavior LO3.

Juvenile Institutions Today Most delinquent juveniles housed in public facilities Private institutions are relatively small with a specific mission For example, treating females with serious emotional problems Population trends Most delinquents housed in public facilities, most status offenders held in private facilities In the US, 69% held in public; 31% held in private The juvenile custody rate varies widely among states South Dakota has the greatest use of custodial treatment; Vermont and Hawaii the lowest Physical plans and living areas vary in size and quality LO3.

The Institutionalized Juvenile Typical resident in juvenile facility: 17 years of age European American Male Incarcerated for average stay of 3 ½ months in a public facility or 4 months in a private facility Private: Younger Public: Older, including a small % between 18-21 Most incarcerated youths are person, property, or drug offenders Minority youth more likely to be incarcerated as punishment for their offenses 7 in 10 juveniles in custody belong to racial or ethnic minorities LO3.

Question 9. In the second half of the 19th century, emphasis shifted from reform schools to the: a. wilderness program b. boot camp model c. cottage system d. electronic monitoring system

The Institutionalized Juvenile 7 out of every 8 incarcerated juveniles are male Between 1991-2006, the number of female juvenile offenders in custody decreased by less than 2% Girls are more likely to be incarcerated for status offenses Institutions for girls are more restrictive than those for boys Institutions for girls do a less-than-adequate job of rehabilitation Over the years, the number of females held in public institutions has declined Girls tend to be incarcerated longer Female offenders have higher rates of mental health problems Female facilities are typically isolated in rural areas LO3.

Correctional Treatment for Juveniles Most institutions employ some form of treatment program Purpose of juvenile correctional system is rehabilitation of juvenile offender The most successful programs provide training to improve interpersonal and behavioral skills Individual treatment: Most common Psychotherapy, reality therapy, and behavior modification Group treatment: More economical than individual treatment Guide group interaction (GGI), Positive peer culture (PPC), and milieu therapy LO4.

Mental Health Among Youth Offenders – Current Example According to Skowyra and Cocozza (2006), out of the two million children and adolescents arrested each year in the United States, as many as 70% of them are affected with a mental disorder. 1 in 5 suffer from a mental illness so severe that it keeps them from growing into a responsible adult. What can we do for these youth offenders? What type of program can serve them better: an institutional treatment program or a community-based treatment program? LO4.

Question 10. Most juveniles that wind up being incarcerated are female. a. True b. False

Educational, Vocation, and Recreational Programs Educational programs Often are best staffed of all programs, but are still inadequate Vocational programs Range from auto repair to computer training Common drawback is “sex-typing” Wilderness programs Involve outdoor expeditions that provide opportunities to confront difficulties and achieve personal satisfaction Juvenile boot camps Combine get-tough approaches with education, substance abuse treatment, and social skills training A meta-analysis study shows boot camps to be ineffective in reducing recidivism rates LO4.

The Legal Right to Treatment Concept introduced to mental health field in 1960 by Morton Birnbaum Inmates of the Boy’s Training School v Affleck (1972) Established minimum standards for all juveniles confined in training schools Other cases related to “right to treatment”: Nelson v. Heyne (1974) Morales v. Turman Pena v. New York State Division for Youth Ralston v. Robinson Santana v. Callazo LO5.

Juvenile Aftercare and Reentry Aftercare provides transitional assistance to juveniles to help them adjust to community life Reentry is the process of returning to society upon release from a secure custody facility Services provided to juveniles: Supervision by parole officers or a caseworker to maintain contact with juvenile, make sure a corrections plan is followed, and show interest and care Intensive Aftercare Program (IAP) Balanced, highly structured, comprehensive continuum of intervention for serious and violent juvenile offenders returning to community LO5.

Question 11. _____________ combine get-tough approaches with education, substance abuse treatment, and social skills training. a. Wilderness programs b. Juvenile boot camps c. Cottage systems d. Electronic monitoring systems

Aftercare Revocation Procedures Adhere to a reasonable curfew set by youth worker or parent Refrain from associating with persons whose influence would be detrimental Attend school in accordance with the law Abstain from drugs and alcohol Report to the youth worker when required Refrain from acts that would be crimes if committed by an adult Refrain from operating an automobile without permission of the youth worker or parent Refrain from being habitually disobedient and beyond the lawful control of parent or other legal authority Refrain from running away from the lawful custody or parent or other legal authority LO5.

Future of Juvenile Corrections Debate regarding effectiveness of community versus institutional treatment The most effective secure corrections programs are the ones that provide individual services for a small number of participants Debate regarding effectiveness of correctional treatment versus other delinquency prevention Focus on deinstitutionalization of juvenile offenders Disproportionate minority incarceration an issue Aftercare and reentry services have become a critical part of successful transition to community LO5.