1. Assessment Tools, IIP, Programs/Services, Sentencing and Adult Waivers
Juvenile CLE 2018
Assessment Tools, IIP, Programs/Services, Sentencing and Adult Waivers

2. Training Goals KDAI - A better understanding of how it is scored
Pre-disposition services – JIAC case management, JIAC case supervision and House Arrest
IIP – expedited process and procedures
Post-adjudication services – Day Reporting Center, Moral Reconation Therapy, Evening Reporting Center, Youth Advocate Program…
Sentencing assessments (PSI vs. YLS) and Adult Waiver assessments.

3. KDAI K.S.A. 38-2302(3) Detention Risk Assessment Tool”
Assessment to identify risk of
Failure to appear
Re-offending pre-adjudication.

4. KDAI K.S.A. 75-7023(f) creates the state wide assessment tool.
Shall be conducted for each youth under consideration for detention and can only be completed by a worker trained.
Cutoff scores are to be established by the secretary and the office of judicial administration and data kept;
Override for direct placement (subject to K.S.A Supp );
If juvenile meets criteria for detention or referral to community based alternative, juvenile may be released if other less restrictive measures would be adequate.

5. KDAI K.S.A. 38-2331 Criteria for Detention
Court shall not detain a juvenile unless the risk assessment tool has assessed the juvenile as detention eligible or there are grounds for an override and the court finds probable cause that community based alternatives are insufficient to
(1) secure the presence of the juvenile at the next hearing; or
(2) protect the physical safety of another person or property
from serious threat if the juvenile is not detained.

6. KDAI
K.S.A (c) No juvenile shall be placed in JDC solely due to:
Lack of supervision or service options;
Parent avoiding legal responsibility;
Risk of self-harm;
Contempt of court;
A violation of a valid court order;
Or a technical violation of conditional release unless PC to believe youth poses significant risk of harm to other or damage to property or the applicable graduated responses or sanctions protocol allows such placement.

7. KDAI
K.S.A (d) details the information that should be collected by the juvenile intake and assessment worker:
Assessment tool pursuant to K.S.A ;
Criminal history including criminal gang involvement;
Abuse history;
Substance abuse history;
History of prior community services used or treatments provided;
Educational history;
Medical history;

8. KDAI K.S.A. 75-7023(d) continued…. (8) Family history; and
(9) The results of other assessment instruments as approved by the secretary.

9. KDAI Other statutes that address detention:
K.S.A Juvenile taken into custody, when; procedure; release; detention in jail.
K.S.A Prohibiting placement or detention of juvenile in jail; exceptions; review of records and determination of compliance by the department of corrections.
K.S.A Detention hearings.

10. KDAI
K.S.A (a)(11) and (g) – detentions based on violation of a condition of sentence:
all alternatives have been exhausted.
juvenile possess significant risk of harm to another or damage to property, is charged with a new felony, or violates conditional release.
The court shall not order detention for solely technical violations of probation, contempt, a violation of a valid court order, to protect from self-harm or due to any state or county failure to find adequate alternatives.

11. Juvenile Intake and Assessment Kansas Detention Assessment Instrument
Mary Ann Pitnick,
JSC Programs Coordinator
November 16, 2018

12. Gatekeeper for youth who have been contacted by law enforcement.
Typically one of the first ‘programs’ that youth come into contact with:
Chance to provide an early identification of at-risk youth
Help clients and their families to find appropriate services
Intervene and Engage with clients to prevent further involvement in the Judicial System
Quickly Return Law Enforcement Back to Duty
JIAC Is…

13. JIAC Three Divisions of JIAC Juvenile Offender Child In Need of Care
For alleged crime
Child In Need of Care
Alleged Victim of Abuse or Neglect
Any non-criminal police contact (Runaway, Beyond Parent’s Control, Etc.)
Notice To Appear (NTA)
Both Child In Need of Care and Juvenile Offenders
By Appointment
JIAC

14. Objective Risk & Needs Assessments
Kansas Detention Assessment Instrument (KDAI)
Determines appropriate placement of youth, after
the intake and assessment process.
Interpersonal Youth Violence Screening Tool
Targeting perpetrators, who commit egregious violent acts against those individuals whom they have a personal relationship past or present.
Youth Level of Service/Case Management Inventory, SRV (YLS/CMI)
Designed as a public safety risk and
criminogenic needs assessment and case
management tool
Using data to drive decision making
Objective Risk & Needs Assessments

15. Juvenile Detention Alternatives Initiative
Participation in Juvenile Detention Alternatives Initiative (JDAI) since
Drastically reduced unnecessary and/or inappropriate use of detention.
Alternatives To Detention
Notice and Agreement To Appear (NTA)
Two-Tier Warrant System
The Phoenix Sanctuary Kids TLC
JIAC Case Supervision
Evening Reporting Center (ERC)
House Arrest
Juvenile Detention Alternatives Initiative

16. Kansas Detention Assessment Instrument/KDAI
Has five scoring point value sections.
Known as the KDAI, some refer to it as the KRAI, we call it the KDAI.
Special Detention Cases includes a Mandatory Detention Warrant, Violation of a Valid Court Order (VCO), Interstate Compact Juvenile (Out of State Runaway), Person Felony by documented gang member pursuant to K.S.A
Kansas Detention Assessment Instrument/KDAI

17. Section 1: Most Serious Current Offense
Check one item only!
As a screener, they only count the current offense for which the youth was presented at JIAC, and the highest level offense is always listed primary.
Dually adjudicated youth, (CINC/JO) look at criminal history first. 
Section 1: Most Serious Current Offense

18. Section 2: Supervision Status
This section is to be scored based on the youth’s current supervision status.
Only one item is selected.
Items listed in descending order, with the first having the highest point value.
Point Value is not to exceed 7 points.
Section 2: Supervision Status

19. Section 3: History of Failing to Appear/Running Away
Only within the past 12 months, not for the calendar year (rolling months).
Check all that apply
Section 3: History of Failing to Appear/Running Away

20. Section 4: Prior Adjudications/Closed Cases
Check all that apply (Do not include any offense(s) the youth is currently on supervision for).
The subtotal for this section shall not exceed six (6).
This section is only applicable to closed cases or current adjudications pending disposition.   
Section 4: Prior Adjudications/Closed Cases

21. Section 5: Mitigating Factors
Check all that apply
Responsible adult language intent….
First Adjudicated Offense at 16 years of age or older….
This section will never be a positive number.
This subtotal shall not exceed negative
-2.
Section 5: Mitigating Factors

22. KDAI Summary Sheet Includes the Detention Decision
Will the placement of the youth occur as recommended? Yes or No
Override Section….
KDAI Summary Sheet

23. This section is only completed if the instruments recommendations are NOT followed.
This section is to capture the reason and/or circumstances which resulted in a different decision being made than was recommended by the instrument.
Overrides

24. Questions?

25. JIAC Case Management & Case Supervision

26. CASE management
K.S.A (a)(4) Release to a voluntary community supervision program.

27. case supervision
K.S.A (a)(5) release to a mandatory, court-ordered community supervision program.

28. House arrest – Alternative to detention
K.S.A (a)(6) release with mandatory participation in an electronic monitoring program with minimal restrictions on the youth’s movements; or

29. House arrest – Alternative to Detention
K.S.A (a)(7) release with mandatory participation in an electronic monitoring program allowing the youth to leave home only to attend school, work, court hearings, or other court-approved activities.

30. House Arrest - sentencing
K.S.A (9) – The court may place the juvenile under a house arrest program.

31. Immediate Intervention Programs

32. Immediate intervention Programs (IIP)
K.S.A (j) “immediate intervention” means all programs or practices developed by the county to hold juvenile offenders accountable while allowing such offenders to be diverted from formal court processing.

33. Immediate Intervention Programs
K.S.A

34. Post –adjudication programs

35. Community based programs
K.S.A (a)(2) the may…order the juvenile to participate in community based programs.

36. Community based programs
K.S.A (a)(4) the may…order the juvenile to attend counseling, educational, mediation or other sessions, or to under go a drug evaluation pursuant to subsection (b)

37. Community based programs
K.S.A (b)If the court orders the juvenile to attend counseling…pursuant to subsection (a)(4)….then….

38. Community based programs
K.S.A (b)(1) if counseling, mediation or alternative school setting ordered the costs of counseling and mediation may be assessed as an expense in the case. The mental health center and mediator shall not charge more than if the services were requested without court involvement.

39. Community based programs
K.S.A (b)(2) if a drug and alcohol evaluation is ordered through a community based program, the fee shall not be less than $150 and by an approved State provider (K.S.A ). The evaluation may be waived if one was done within the proceeding 12 months. The fee may be waived due to being indegent.

40. Assessment

41. YLS Assessment
K.S.A (f) prior to sentencing the court shall administer a risk assessment tool as described in K.S.A

42. Assessment
K.S.A (a) at any time after adjudication the court shall order one of the following unless a previous risk and needs assessment is available and current.

43. Assessment
K.S.A
(a)(1) psychological or emotional development assessment;
(a)(2) Medical condition and needs assessment;
(a)(3) Educational needs assessment;
(a)(4) PSI/YLS
(a)(5) Domestic relations affidavit.

44. Assessment
K.S.A (b) summary of the results of the risk and needs assessment shall be provided to the court post-adjudication, predisposition and use to inform supervision levels.

45. Assessment
K.S.A (c) Expenses for post adjudication tools may be waived or assessed.

46. Assessment
K.S.A (d) reports shall be made available to the attorneys unless prohibited by law or policy.

47. Prosecution as an adult considerations
K.S.A (d) – subject to the provisions in K.S.A , and amendments thereto, written reports and other materials relating to the juvenile’s mental, physical, educational and social history may be considered by the court.

48. Final Thoughts…