Understanding Disproportionate Minority Contact in Onondaga County A project to reduce racial disparities in Onondaga County’s Juvenile Justice System Juanita Gamble and Emily NaPier Onondaga County Co-Coordinators Presented by the Center for Community Alternatives (CCA)

What is Disproportionate Minority Contact (DMC)? DMC occurs when the proportion of youth of color who pass through the juvenile justice system exceed the proportion of youth of color in the general population. DMC becomes worse as youth of color pass through the system starting with arrest and ending with placement or incarceration.

DMC Nationwide Across the country, low-level offending youth of color and poor youth who come in contact with juvenile justice system are often put in detention even though they do not pose a public safety risk. This racial disparity occurs because the decisions at various points in the juvenile justice system are often based on perception of family and community or a lack of alternative programs.

Definition of Racial Disparity Racial disparity in the justice system exists when the proportion of a racial/ethnic group within the control of the system differs from the proportion of such groups in the general population.

Impact of DMC When low-level offending youth of color and poor youth are jailed, the result is a negative impact on their life outcomes, the local economy, and the community’s public safety because jailed youth are more likely to re-offend.

How Does DMC Happen? DMC can occur at any point in the processing of a case in the juvenile justice system from police contact to placement DMC can occur at any point in the processing of a case in the juvenile justice system from police contact to placement Decision-making based on race can compound throughout the system resulting in cumulative disadvantage for youth of color Decision-making based on race can compound throughout the system resulting in cumulative disadvantage for youth of color

Probation intake and development of diversion plan Probation intake and petition to Family Court Bring directly to court Call Hillbrook to administer the RAI Law Enforcement Options for Juveniles at Initial Contact Warn and Release Appearance Ticket for Probation Intake Detain Pending Court Appearance

Only 31% of the young people in Onondaga County live in Syracuse, but the Syracuse Police Department accounts for 54% of the juvenile arrests made in Onondaga County.

What is Detention? Detention is temporary while the young person’s case is pending. Detention is temporary while the young person’s case is pending. Detention may be secure or non-secure. Detention may be secure or non-secure. The decision to detain a young person may be made by a Family Court judge or by Hillbrook staff and police using a risk assessment instrument (RAI). The decision to detain a young person may be made by a Family Court judge or by Hillbrook staff and police using a risk assessment instrument (RAI).

JD or JO? Juvenile Delinquents Minor Offenses Juvenile Offenders Serious Offenses Definition At least 7 yrs old & less than 16 yrs old A youth 13 to 15 yrs old Where case decided Family Court County or Supreme Court Police Contact Taken into custody Arrested First court appearance Initial appearance Arraignment in Criminal Court Prosecution Deputy County Attorney Assistant District Attorney Custody Options Remand to secure or non secure detention or released Bail, ROR, remand to secure detention Legal Representation Appointed Attorney for the Child Defense Counsel How case decided Fact Finding Hearing Plea/Trial Judicial Options Dispositional Hearing -probation -placement with OCFS -Adjournment in Contemplation of Dismissal (ACD) -conditional discharge -restitution Sentencing, if convicted -probation -confinement in an OCFS secure facility

There were 103 admissions to Hillbrook in Of those, 73% were African American, 18% were White, and 6% were Latino.

On any given day in 2010, black youth made up the majority of JDs at Hillbrook.

Young people were most likely to be detained on felony charges, followed by misdemeanor charges and technical violations of probation. Black youth were overrepresented in all categories except new offenses while on probation and OCFS warrants.

There were 75 African American admissions to Hillbrook compared to only 19 White admissions. African American youth were more likely to be detained on felony charges, while White youth were more likely to be detained on misdemeanor charges. African American youth were more likely to be detained on a technical probation violation than White youth.

Family Court Process Initial Appearance Release HomeDetention Probable Cause Hearing Convert to PINS petition Adjournment in Contemplation of Dismissal Fact Finding Disposition Conditional Discharge Probation Supervision Placement with local service provider Placement with State Office of Children and Family Services

Cumulative Disadvantage Law Enforcement Deployment Appearance Ticket/ Warn & Release Court Appearance/ Police Dropoff Release/ Detention Diversion Petition to Family Court Attorney for the Child Probable Cause Hearing Fact Finding Hearing Disposition Probation Violations Reintegration Services Cumulative Disadvantage

New York State Disparity Black youth are: Arrested 3.13 times more often Detained 4.97 times more often Placed in secure facilities 4.75 times more often than White youth

Onondaga County Disparity Black youth are: Arrested 5.27 times more often Securely detained 1.42 times more often Petitioned to Family Court 1.14 times more often than White youth

Project to Reduce DMC in Onondaga County The NYS Division of Criminal Justice Services (DCJS) has provided funding to the Center for Community Alternatives (CCA) to work on reducing DMC in Onondaga County. The work is part of Onondaga County’s Juvenile Detention Reform Committee that is made up of government agencies and Family Court judges, who are often referred to as System Stakeholders.

Who are “System Stakeholders?” “System” stakeholders represent various junctures in the Juvenile Justice System such as: Public Agencies Public Agencies Government agencies such as Probation Department, Syracuse Police Department, etc. Family Court Family Court Family court judges, attorney for the child, prosecutors

DMC Subcommittee A new DMC subcommittee is being created that will include youth, parents, and other community stakeholders. The DMC subcommittee will report regularly to the Detention Reform Committee and assist with strategies to reduce DMC.

DMC Subcommittee The DMC subcommittee will meet on a monthly basis to identify DMC at various junctures in the Juvenile Justice System and discuss remedies for successful reduction of DMC. The subcommittee will review data from various points in the system so that its recommendations for reform are data-driven.

Who are “Community Stakeholders?” “Community” stakeholders have connections to the Juvenile Justice System and to the neighborhoods that are affected by detention such as: Community Leaders Community Leaders Capable of leveraging power to push the reform process i.e. local clergy, mentors, community organizers, etc. Service Providers Service Providers Have established relationships with youth & families and the ability to provide programmatic options (alternatives to detention services) i.e. Boys & Girls Club, On Point for College, Salvation Army, etc.

Community Stakeholders Youth and Parents Often have directly experienced the juvenile justice system and can provide insight into harmful experiences within the system and what changes/improvements are needed

“ Change will not come if we wait for some other person or some other time. We are the ones we've been waiting for. We are the change that we seek.” President Barack Obama President Barack Obama