1. REDUCING RACIAL AND ETHNIC DISPARITIES: USING DATA TO PROMOTE REFORM Dana Shoenberg, Deputy Director, CCLP Tiana Davis, DMC Policy Director, CCLP NJJ N Webinar, February 12, 2014

2.  Leads a national movement  State-based juvenile justice coalitions and organizations (43 members in 33 states)  Laws, policies and practices that are fair, equitable and developmentally appropriate for all children, youth and families Photo: MorizaMoriza Brought to You By …

3.  Mental health/substance abuse  Community-based alternatives  Juvenile indigent defense  Racial/ethnic disparities – live Feb. 26 www.jjie.org/hub Juvenile Justice Resource Hub

4. Our Speakers Dana Shoenberg Deputy Director of the Center for Children’s Law and Policy Tiana Davis DMC Policy Director at the Center for Children's Law and Policy

5. Agenda  Goals and strategies of RED reduction  Importance of local, data-driven change  The Relative Rate Index: Uses and Limitations  Examples of decision point data and what they can be used for  Opportunities for advocates

6. Goals and Strategies © Tu Multimedia

7. Goals in addressing racial and ethnic disparities 1. Reducing over-representation 2. Reducing disparate treatment 3. Reducing unnecessary entry and moving deeper into the juvenile justice system We want to address all three goals.

8. The Juvenile Justice Process: Key Decision Points and Pathways Out Arrest: Law enforcement Schools Probation Child welfare Referral: Intake staff Detention: Judge Transfer to adult court Petition: Prosecutor Adjudication: Judge Disposition : Judge Diversion Community service Youth court Diversion Informal process Consent decree Diversion Release home Alternative to detention Diversion Informal process Dismissal Diversion Post-adjud ATD Dismissal Probation Non-secure placement Non-residential treatment

9. Collaboration and Cross System Collaboration Improve collaboration and communication among agencies within the juvenile justice and with other child-serving systems Data Practices Establish a structure and process for regular use of data in system management Culture and Community Improve cultural competence and responsiveness of juvenile justice services and engaging community in those efforts Policy and Practice Structure policies, protocols and tools to facilitate objective and consistent decision-making Program Access Increase capacity and improve access to programs and services that prevent deeper involvement or enhance diversionary pathways out of the juvenile justice system Strategic Approaches for Reducing Racial and Ethnic Disparities 9

10. Local, Data-Driven Change

11. Effective RED change  Like politics, effective RED change happens at the local level.  Efforts should be led by county/parish-based collaboratives that include all stakeholders -- family members, child-serving agencies and community representatives as well as those who work inside the juvenile justice system.  Diverse perspectives lead to healthy conversations and opportunities for change in more realms

12. Clergy Community Service Providers Community Activists Defense Attorneys Youth Judges Juvenile Probation Officers Parents Police Prosecutors School Systems Diverse Governing Body for RED Reduction

13. Data-driven Decision Making  Activities chosen and informed by decision point data  New policies and programs assessed for effectiveness  Continuous use of data to inform court and probation operations

14. Why lead with data?  Avoids getting lost in anecdote  Supports honest conversations about real differences  Provides structure for digging deeper and understanding the problem (peeling layers of the onion)

15. Key data: Decision Points  Arrest  Referral to Juvenile Court  Diversion  Secure Detention  Petition  Delinquent findings  Probation, Probation Violations  Out of Home Placement  Secure Confinement  Aftercare, Revocations  Transfer

16. Key data for each decision point  Race  Ethnicity  Gender  Geography  Offense  For programs and placements:  Length of stay  Whether successful completion  If unsuccessful, reasons why Demographics and CharacteristicsExperience of youth by group

17. Qualitative and Quantitative Data  Sometimes the numbers (quantitative data) aren’t enough.  To learn more, need to ask stakeholders about their experience (qualitative data)  Formulate questions, conduct interviews

18. Use of Qualitative and Quantitative Data Ex: Youth of color are overrepresented among school referrals  Examine quantitative data on types of offenses, ages, times of day, particular schools  Interview SROs, youth, families, teachers, principals to understand how things work in practice When are SROs called What is their understanding about their role How much training do teachers have in classroom discipline What alternatives to arrest are available What message does the administration send about appropriate use of SROs Level of interest in new options

19. Race and Ethnicity Disaggregation  Hispanic/Latino is an ethnicity  U.S. Office of Management and Budget (OMB) recommends collecting information about race separate from ethnicity  Two questions:  Are you Hispanic/Latino or Non-Hispanic/Latino  What race do you identify with?

20. Race and Ethnicity Reporting  Two-question format allows for reporting both:  White Non-Hispanic, White Hispanic, Black Non-Hispanic, Black Hispanic, Asian Non-Hispanic, Asian Hispanic, Native American Hispanic, Native American Non-Hispanic  Be careful of data reports that separate the reporting, for example:  Non-Hispanic/Latino 45%, Hispanic-Latino 55%  White 50%, Black 30%, Asian 5%, Native American 15%  Be careful of data reports that only capture race – erases the Latino population and creates a white overcount, masking disparities

21. The RRI: Uses and Limitations © Tu Multimedia

22. Relative Rate Index (RRI) Rate = number of youth in that group at decision point number of youth in that group at prev. dec. pt. Relative rate = rate rate RRI compares rate of youth of color to rate of white youth at particular decision point Calculates the rate at specific decision point using information from the immediately previous decision point

23. Relative Rate Index -- Example Youth population:1,000 White population:800 Black population: 200 Total arrests:100 White arrests: 20 Black arrests:80

24. Relative Rate Index -- Example Relative Rate Index calculation: # of Black youth arrested 80 =.400 # of Black in population 200 ____________________________ (÷) # of White youth arrested 20 =.025 # of White youth in pop. 800.400 = 16 RRI.025

25. Uses and Limitations of RRI  If the relative rate is significant, it shows an obvious point where you could focus attention  Where most of the youth in the jurisdiction are youth of color, RRI won’t mean much  Low RRI may mask potential opportunity to impact many youth  Doesn’t explain reasons for disproportionality – still need to dig deeper  Some RRI data resources don’t capture ethnicity UsesLimitations

26. RRI example Decision Point African American Hispanic/La tino Native American Asian/Pacifi c Islander All Youth of Color Arrests3.991.78.35.542.92 Referral1.221.35.791.111.32 Diversion.76.98.911.42.84 Secure Det.2.711.941.86.382.41 Petition1.181.041.06.661.12 Delinquent Findings.891.03.991.62.95 Probation.73.84.61.44.73 Placement1.041.221.14.671.05 Secure Conf.1.932.41*.961.97 Transfer1.171.1**1.03

27. Using Data at Key Decision Points: Examples © Tu Multimedia

28. 2005 2006 2007 2008 A Case Study in Peeling the Onion at Arrest: Sedgwick County, Kansas

29. Top 3 Arrest Offenses in 2008 for African-American Youth

30. Comparison: 2007 – 2008 Arrests by Gender

31. . Arrests for Theft <$1,000 – Analysis by Geography Not surprisingly, a majority of Theft <$1,000 arrests occurred at the two large malls in Sedgwick County

32. The Response  Collaborative and Data Driven  The county’s stakeholder group developed a work plan and goals based on data collected  Interventions  An anti-Shoplifting Campaign emphasized theft deterrence and controlling peer influence using local girls as ambassadors  Enhanced diversion policies targeted youth charged with theft <$1000 offenses  Realigned and enhanced diversion programs (Girl Empowerment Program) incorporated research-supported shoplifting interventions

33. Sedgwick County Results: Arrests for Theft <$1,000 Data reflect a 31% drop in arrest for White youth, 26% drop for African American youth and an 18% drop for Hispanic youth.

34. Havenhurst Court Family Domestic Violence Referrals by Race and Offense BlackHispanicWhiteGrand Total ASSAULT 1ST DEG100 1 ASSAULT 2ND DEG010 1 ASSAULT 3RD DEG422 8 BREACH OF PEACE 2ND DEG303 6 CRIMINAL MISCHIEF 2ND DEG010 1 CRIMINAL MISCHIEF 3RD DEG300 3 DISORDERLY CONDUCT562 13 INTERFERE WITH OFFCR/RESISTING100 1 RECKLESS BURNING001 1 STRANGULATION SECOND DEGREE200 2 THREATENING 2ND DEG220 4 Grand Total2112841

35. Family Domestic Violence Referrals to Havenhurst Court by Resident City and Race* *Total number of Havenhurst referrals =41. Domestic Violence Referrals to Juvenile Court

36. Rate of Judicial Handling for Top 3 DV Offenses* by Race Rate per 10 ReferralsRelative Rate Index White4.31 Black8.31.93 Hispanic3.8.88 *Top 3 DV Offenses include Disorderly Conduct, Assault 3 rd and Breach of Peace 2 nd. Black youth are almost twice as likely to receive Judicial Handling.

37. Possible Next Steps: Havenhurst Domestic Violence Referrals  Learn about intake practices How are handling decisions made? Judicial vs. Non-Judicial What diversion opportunities are available for youth referred to court for domestic violence offenses?  Collect additional data to inform understanding of the domestic violence referral population What are the characteristics of cases excluded from non- judicial handling eligibility? Are there differences by race, ethnicity, gender, geography, or offense?

38. Possible Next Steps: Havenhurst Domestic Violence Referrals  Learn about experiences of youth and families referred to court for domestic violence offenses. What led to the referral? What could have helped to avoid the referral  Interventions could include: An objective tool to assess risk of re-offense and identify service needs. A clear and concise diversion policy for domestic violence related offenses. Domestic violence diversion programming that is culturally appropriate and responsive to the needs of key populations.

39. Buttercup County Detention Data

40. Observations for Buttercup County  35% of detentions are probation violations, mostly youth of color  Compared with new arrests, Hispanic youth are overrepresented among warrants

41. Possible Next Steps: Buttercup VOP  Learn about probation practice – graduated responses? Alternatives to detention?  Learn about youth and family experiences on probation – cultural and linguistic competence? Adequate programming and attention?  Collect data on kinds of probation violations  Interventions could include: institution of graduated responses, increase skills of probation staff, increase staffing levels, reform case planning, establish new ATDs, find new linguistically competent partners

42. Possible Next Steps: Warrants  Collect data on reasons for warrants and offenses of youth who have warrants  If warrants for Failure to Appear, interview families, judges, probation about reasons for Failures to Appear  Interventions could include tiered warrants, call reminder/notification, rapid processing of warrants

43. Osage County Placements Race/ethnicityLength of Stay Caucasian85 Hispanic/Latino98 Native American125 African-American90 Asian102

44. Osage County – Learning More  Second level data analysis:  Individual programs’ length of stay  Numbers of youth represented in length of stay data – are these anomalies or significant numbers?  Qualitative data:  Discipline structure in programs – does it affect length of stay?  What input do courts have into length of stay and how frequently do they review cases  Determinate sentences or “when she completes her program?”

45. Opportunities for Advocates © Zach Herring

46. How to Connect with Existing RED/DMC Reduction Efforts  OJJDP State Contacts  State and Local DMC Coordinators and DMC Subcommittee Chairs  http://www.ojjdp.gov/dmc/resourcelist.asp http://www.ojjdp.gov/dmc/resourcelist.asp  3-Year Juvenile Juvenile Justice Plans  State Advisory Groups (SAGs)  Many available online  Outline the key activities to address DMC/RED in your state.

47. How to Connect with Existing RED/DMC Efforts  Juvenile Detention Alternatives Initiative (JDAI)  More than 200 jurisdictions in 39 states nationwide  JDAI sites focus on RED as Core Strategy for Detention Reform  http://www.jdaihelpdesk.org/SitePages/jdai-sites.aspx http://www.jdaihelpdesk.org/SitePages/jdai-sites.aspx  Models for Change Initiative  Center for Children’s Law and Policy  http://www.modelsforchange.net/about/States-for- change.html http://www.modelsforchange.net/about/States-for- change.html

48. What if there isn’t an RED reduction effort yet in your area?  Start a collaborative – to engage stakeholders, think about what their interests and points of view might be  Access to data can be hard – both because it isn’t available and because of lack of trust. Consider:  Information-sharing agreements and protocols  Engaging a university that can help develop and analyze the data if the court doesn’t have expertise or time in-house  Offering to do the analysis if they’ll just provide the numbers

49. State-level support for local work  Funding structures that require race and ethnicity analysis in order to get state grants  Improvements to state- level juvenile justice databases, opportunity for data analysis support © Tu Multimedia

50. State-level support for local work, cont.  Grants for specific RED reduction projects (ex: new alternatives to detention) with data analysis required as part of application  Racial impact analysis requirements for new legislation © Tu Multimedia

51. State-level support for local work, cont.  Cultural competence standards for service providers  Training and support for localities to begin data- driven efforts © Jason Salazar

52. Gather a team Georgetown Center for Juvenile Justice Reform Reducing Racial and Ethnic Disparities Certificate Program July 28-August 1, 2014 Applications available at: http://cjjr.georgetown.edu/certprogs/racialdisparities /racialdisparities.html

53. Contact Information Dana Shoenberg Deputy Director 202-637-0377 x107 dshoenberg@cclp.org Tiana Davis DMC Policy Director 202-637-0377 x103 tdavis@cclp.org 53 www.cclp.org www.njjn.org