REDUCING RACIAL AND ETHNIC DISPARITIES USING DATA TO

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

Brought to You By … 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: Moriza

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

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

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

Goals and Strategies © Tu Multimedia

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.

The Juvenile Justice Process: Key Decision Points and Pathways Out Transfer to adult court Arrest: Law enforceme nt Schools Probation Child welfare Diversion Communit y service Referral: Intake staff Diversion Informal process Consent decree Detention: Judge Diversion Release home Alternative Petition: Prosecut or Diversion Informal process Dismissal Adjudicatio n: Judge Diversion Postadjud ATD Disposition : Judge Probation Non-secure placement Nonresidential

Strategic Approaches for Reducing Racial and Ethnic Disparities 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 decisionmaking Program Access • Increase capacity and improve access to programs and services that prevent deeper 9 juvenile justice system involvement or enhance diversionary pathways out of the

Local, Data-Driven Change

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

l oo s h Sc stem Sy Pro Co m Se mu Pr rvi nity ov ce ide rs Clergy ts ivis sec ct ty A uni uto rs m om C Diverse Governing Body for RED Reduction Police Yo u s nt e ar Defense th P Juve Prob nile a Offic tion ers es Judg Attorney s

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

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

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

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

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

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

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?

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 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

The RRI: Uses and Limitations © Tu Multimedia

Relative Rate Index (RRI) • 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 Rate = number of youth in that group at decision point number of youth in that group at prev. dec. pt. Relative rate = rate

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

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

Uses and Limitations of RRI Uses If the relative rate is significant, it shows an obvious point where you could focus attention Limitations 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

RRI example Decision Point African American Hispanic/L Native atino American Asian/Paci All Youth fic of Color Islander Arrests 3. 99 1. 78 . 35 . 54 2. 92 Referral 1. 22 1. 35 . 79 1. 11 1. 32 Diversion . 76 . 98 . 91 1. 42 . 84 Secure Det. 2. 71 1. 94 1. 86 . 38 2. 41 Petition 1. 18 1. 04 1. 06 . 66 1. 12 Delinquent Findings . 89 1. 03 . 99 1. 62 . 95 Probation . 73 . 84 . 61 . 44 . 73 Placement 1. 04 1. 22 1. 14 . 67 1. 05 Secure Conf. 1. 93 2. 41 * . 96 1. 97 Transfer 1. 17 1. 1 * * 1. 03

Using Data at Key Decision Points: Examples © Tu Multimedia

A Case Study in Peeling the Onion at Arrest: Sedgwick County, Kansas Arrest Rates for Property Offenses 2005 - 2008 60 2005 2006 2007 2008 50 40 30 20 2005 2006 2007 2008 10 0 White Black Latino 2008

Top 3 Arrest Offenses in 2008 for African-American Youth

Comparison: 2007 – 2008 Arrests by Gender Theft <$1, 000 Sample All Offenses 23% Female 77% Male 42% Female 58% Male

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

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 researchsupported shoplifting interventions

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. 1200 1006 737 800 Total White 600 448 400 African American 337 307 191 200 251 157 0 2009 Hispanic/Latino 2010

Havenhurst Court Family Domestic Violence Referrals by Race and Offense Black Hispanic White Grand Total ASSAULT 1 ST DEG 1 0 0 1 ASSAULT 2 ND DEG 0 1 ASSAULT 3 RD DEG 4 2 2 8 BREACH OF PEACE 2 ND DEG CRIMINAL MISCHIEF 3 RD DEG 3 0 3 6 0 1 3 0 0 3 DISORDERLY CONDUCT INTERFERE WITH OFFCR/RESISTING 5 6 2 13 1 0 0 1 RECKLESS BURNING STRANGULATION SECOND DEGREE 0 0 1 1 2 0 0 2 THREATENING 2 ND DEG 2 2 0 4 Grand Total 21 12 8 41

Family Domestic Violence Referrals to Havenhurst Court by Resident City and Race* Domestic Violence Referrals to Juvenile Court 7 6 6 5 5 5 4 Black Hispanic 3 2 2 White 2 1 1 1 0 BLOOMINGTON E. HAVENHURST MAYBURY ROCKINGHAM *Total number of Havenhurst referrals =41. W. HAVENHURST WINSTON

Rate of Judicial Handling for Top 3 DV Offenses* by Race Rate per 10 Referrals White 4. 3 Black 8. 3 Hispanic 3. 8 Relative Rate Index Black youth are almost twice as likely to receive Judicial Handling. *Top 3 DV Offenses include Disorderly Conduct, Assault 3 rd and Breach of Peace 2 nd. 1 1. 93. 88

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?

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 An could include: 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.

Buttercup County Detention Data Average Daily Population 25 20 15 10 5 0 New Arrest Warrant Pending Placement White Hispanic White Non-Hispanic Black Non-Hispanic Probation Violation

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

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

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

Osage County Placements Race/ethnicity Length of Stay Caucasian 85 Hispanic/Latino 98 Native American 125 African-American 90 Asian 102

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? ”

Opportunities for Advocates © Zach Herring

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 3 -Year Juvenile Justice Plans State Advisory Groups (SAGs) Many available online Outline the key activities to address DMC/RED in your state.

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/Site. Pages/jdaisites. aspx Models for Change Initiative Center for Children’s Law and Policy http: //www. modelsforchange. net/about/States-forchange. html

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

State-level support for local work © Tu Multimedia 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

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

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

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/racialdisparit ies/racialdisparities. html

Contact Information 53 Dana Shoenberg Deputy Director 202 -637 -0377 x 107 dshoenberg@cclp. org Tiana Davis DMC Policy Director 202 -637 -0377 x 103 tdavis@cclp. org www. njjn. org