State of Connecticut Division of Criminal Justice Kevin

State of Connecticut Division of Criminal Justice Kevin T. Kane, Chief State’s Attorney Establishing a Juvenile Review Board A community-based diversion program Erica Bromley, MSW Juvenile Justice Liaison CT Youth Services Association Francis J. Carino Supervisory Assistant State’s Attorney

What does a JRB attempt to accomplish?

A child in trouble in the community, at school or at home, is on the road to the Juvenile Justice System and eventually the Criminal Justice System. Community Juvenile Justice System School Home Criminal Justice System

The JRB is available to intervene and offer the child an alternative to avoid the Juvenile Justice System. JRB Community Juvenile Justice System School Home Criminal Justice System

What option does a JRB offer?

PROCESSING OF A DELINQUENCY CASE POLICE ACTION REFER TO COURT DIVERT TO JUVENILE REVIEW BOARD ü ASSESSMENT RELEASE & ISSUE SUMMONS ü SERVICES OFFERED HANDLING DECISION ü MONITORING PROVIDED ü ACCOUNTABILITY NON JUDICIAL ü RESTORATIVE JUSTICE JUDICIAL DISMISS WITH WARNING RELEASE WITH WARNING PLACE IN DETENTION RELEASE HEARING RELEASE ü NO SERVICES OFFERED TO ADULT COURT ü TRANSFER NO ACCOUNTABILITY ü “NOTHING HAPPENED” DETAIN RELEASE WITH ORDERS REVIEW HEARING SUPERVISION TRANSFER TO ADULT COURT PLEA HEARING SUCCESSFUL UNSUCCESSFUL DENY DISCHARGE (no record) PRETRIAL SUSPENDED PROSECUTION DRUG DEPENDENCY SUSPENDED PROSECUTION SCHOOL VIOLENCE ADMIT NO AGREEMENT TRIAL DRUG COURT DIVERSION SUCCESSFUL UNSUCCESSFUL DISCHARGE (no record) DISMISS WITH WARNING DISMISS (auto erasure) CONVICTED NOT DELINQUENT (auto erasure) PREDISPOSITIONAL STUDY & REPORT PROBATION SUSPENDED COMMITMENT DISPOSITION HEARING COMMITMENT TO DCF 18 months/4 years(SJO) residential facility or the CT Juvenile Training School (boys)/Pueblo Unit (girls)

FWSN offenses include: Ø runaway; Ø beyond control; Ø indecent/immoral conduct; Ø truancy / defiant of school rules; Ø inappropriate sexual behavior; Who should be considered for referral to the JRB? A child under 18 charged with their first minor criminal or FWSN offense. A child under 18 who has committed their first minor criminal or FWSN offense but is not charged due to age, victim’s reluctance or some other reason.

Ø Avoid negative outcomes resulting from court exposure • poor self image • enhanced glamour • demystify court consequences • court record, conviction, etc • adversarial process How can a JRB be Ø Opportunity to explain the law more effective than Ø Flexibility due to voluntary nature Ø Greater supervision & monitoring the Juvenile Court? Ø Better outcomes due to community involvement Ø Faster more efficient process Ø Fewer resources required Ø Employ restorative justice principles

üExplain the range of consequences to the child beyond the obvious Restorative Justice Concepts Bring them to the JRB üTeach the child there are consequences beyond those impacting the child üHelp child understand how their family & community are impacted by their actions üBegin the process of restoring the family, the victim & the community

üHelp the child understand that their actions have negatively impacted the entire community Restorative Justice Concepts How is it done? üAsk the child what they can do to begin the restoration process üAsk the child what they would do if they were sitting on the JRB üAsk the parents and victim what they would like to see happen

How does it work? The Juvenile Review Board Procedure

Juvenile Review Board Procedure Arrest & detention for serious crime Juvenile Court Issue Summons Officer investigates a crime Juvenile Officer Reviews Report Is the case eligible for JRB handling?

All of the following criteria are met: ü Prior to the child’s 18 th birthday, he/she committed: Ø a criminal offense or Ø a FWSN offense. Who is eligible for the JRB? üThe offense is not a felony. ü The child was not previously referred to the JRB or the court. ü The child admits responsibility for the offense. ü The child and family agree to the referral to the JRB.

Juvenile Review Board Procedure Arrest & detention for serious crime Juvenile Court Issue Summons Officer investigates a crime Juvenile Officer Reviews Report Is the case eligible for JRB handling? Is the JRB appropriate?

Factors considered by the police in the diversion decision: Ø Seriousness of the offense Ø Child’s role in the offense Who is appropriate for the JRB? Ø Prior police involvement Ø Child’s age Ø Child’s attitude Ø Family’s attitude Ø Availability of appropriate diversions

Factors NEVER considered by the police in the diversion decision: Ø Child’s race, ethnicity or national origin; Who is appropriate for the JRB? Ø Child’s sex, sexual orientation, gender identity or expression; Ø Child’s socio-economic status or status in the community; Ø Child’s appearance, style of dress or manner of speaking; Ø Child’s physical or mental disabilities;

Juvenile Review Board Procedure Arrest & detention for serious crime Juvenile Court Issue Summons Officer investigates a crime JRB meeting Juvenile Officer Reviews Report Refuse Not Eligible & Appropriate Meet with family Offer diversions Decline Refer case back to police. New Summons served. Juvenile Court Discuss JRB option with family Meet with JRB Case Worker Complete Intake Paperwork

Possible diversions include: Ø Psychological evaluation Ø Substance abuse assessment Ø Counseling Ø Positive Youth Activity What diversions are available? Ø Community Service Ø After School Activities Ø Interview/Research & Essay Ø Restitution Ø Apology Ø Journal Ø Monitoring and return to JRB Ø Sexting Curriculum

What diversions are available? Example: Truancy Determine the cause Offer a remedy • • • • • Doesn’t like teacher Problem w/other student Transportation problem Too tired to get up No parent home in AM Medical problem Target of bully Personal problem Homework isn’t done Irresponsible parent Resolve problem Try mediation/change schedule Discuss options/change schedule Counsel parents Make arrangements Make appointment to see a doctor Try mediation/discipline the bully Resolve problem Monitor assignments/use a tutor Remind parent of legal duty

Juvenile Review Board Procedure Arrest & detention for serious crime Juvenile Court Issue Summons Officer investigates a crime JRB meeting Decline Juvenile Officer Reviews Report Meet with family Offer diversions Refuse Not Eligible & Appropriate Successful completion Unsuccessful completion Refer case back to police. New Summons served. Juvenile Court Discuss JRB option with family Meet with JRB Case Worker Complete Intake Paperwork Discharged

üPersonal Responsibility üRehabilitation üEducation üDeterrence Objectives of the JRB? üPrevention üEmpower families üUse Community Resources While avoiding the juvenile justice system and a court record!

The Juvenile Review Board offers a community based alternative to deal with school, family and minor criminal problems and provides community based solutions to deal with these issues.

The Juvenile Review Board does this without the delays, costs and stigma associated with the court and legal system.

What is the goal of a JRB?

Educators Police Business Government Court Families Clergy Social Services

This will be your board so build it so it works for you.

Establishing your JRB Ø Determine your organizational structure; Ø Draft eligibility guidelines and referral procedures; Ø Use existing protocols & procedures to develop a review and hearing procedure; Ø Create intake, waiver, release and diversion forms; Ø Establish a variety of diversions; Ø Bring the concept to the police, schools, court and the community to elicit ideas and concerns; Ø Incorporate suggestions and concerns into a final program initiative; Ø Put plan into action, making changes as necessary;

ü Public or private agency? • FOI considerations; • funding considerations; • liability issues; ü Who will run the day to day operations of the JRB? ü Who should sit on the JRB? Steps to Establish your JRB ü How many people should sit Determine your organizational on the JRB, how should they structure be selected and how long should they serve? ü How often will the JRB meet and where? ü How will the JRB interface with the police, school, juvenile court and social service agencies?

ü The JRB is an option that: • the police can use instead of sending the child home without any services or sending the child to court; or • the school can use as a community resource before sending the child to court; or Steps to Establish your JRB • a parent can use instead of Draft eligibility guidelines and making a FWSN complaint referral procedures to the court; ü In cases other than truancy and defiance of school rules, the decision to refer a case to the court or to the JRB is a police function and must be made by the police.

ü Who can refer to the JRB? • police; • school; • parent; ü Who within the organization? Steps to Establish your JRB Eligibility guidelines and referral procedures • single identifiable source for consistency & fairness; ü What offenses can be referred? Nature and severity; ü What offenders can be referred? Residency & history; ü How will cases be referred & what information will be provided?

ü Who will meet with the family to determine their willingness to participate in the JRB? ü Who will prepare and present background information & what information will be Steps to Establish your JRB provided? Use existing protocols and ü How many members will hear procedures to develop review and the case & how will the hearing procedures be conducted? JRB Protocols & ü How will decisions be made? ü How will the family be notified? Procedures are available ü How will compliance be at: monitored & determined? www. ctyouthserices. com ü Will there be a follow up visit? ü What records will be kept? under the “Diversion” tab. Where? For how long?

REMEMBER: These cases often involve sensitive family matters which would otherwise be private and confidential. Ø Your credibility and effectiveness will depend in large part upon assurances of confidentiality. Ø The hearings and the information disclosed to the JRB before, during and after the hearings MUST be held in the strictest confidence or liability might result. Ø All records MUST be kept in a secure area and properly destroyed at the appropriate time. Ø All staff and observers should sign confidentiality agreement.

ü Family must understand & agree to participate in the JRB. ü Family must agree to waive confidentiality as to the JRB and the victim. ü Family & child must agree that the child committed the act alleged and no legal defenses Steps to Establish your JRB are being raised. Create intake, waiver, release & ü Family history information diversion forms must be gathered. ü School academic & conduct Forms are available in records must be gathered. ü Written diversion contract Word format at: signed by JRB & family. www. francarino. com ü Victim notification form. ü Other forms ie: community service log, counseling record.

ü Keep records of cases; ü Utilize exit surveys; Steps to Establish your JRB Develop a data collection system ü Assess success of the program (RBA); ü Identify trends; ü Identify service gaps; ü Secure future funding; ü Encourage future participation;

Ø Psychological evaluation Ø Substance abuse assessment Ø Counseling Ø Positive Youth Activity Ø Community Service Ø After School & Summer Activities Steps to Establish your JRB Establish a variety of diversion Ø Interview/Research & Essay options Projects Ø Restitution Ø Apology Ø Journal Ø Monitoring by JRB Ø Sexting Curriculum

ü Meet the people; ü Understand how other agencies function for a better fit; Steps to Establish your JRB Bring concept to the police, schools, court & community to solicit ideas and concerns ü Ensure cooperation & support; ü Establish credibility; ü Establish linkages and lines of communication; ü Provide continuum of services; ü Create the best and most effective program;

ü Incorporate suggestions and concerns into a final program initiative. ü Put plan into action, Steps to Establish your JRB Final steps ü Periodically review and make changes as necessary. ü Keep the community, your federal, state and local political leaders and potential funding sources aware of your activities.

Erica Bromley. MSW Juvenile Justice Liaison CT Youth Services Association, E-mail: ebromley@ctyouthservices. org Michelle Hamilton, Exec. Director AHM Youth Services 25 Pendleton Drive Hebron, CT 06248 Tel. : (860) 228 -9488 Fax: (860) 228 -1213 http: //www. ahmyouth. org Bevin Perry, MSW AHM School Social Worker RHAM High School Hebron, CT 06248 Tel. : (860) 228 -9474 X 3421 perrybev@reg 8. k 12. ct. us Francis J. Carino Supervisory Asst. State’s Attorney Office of the Chief State’s Attorney 300 Corporate Place Rocky Hill, CT 06067 Tel. : (860) 258 -5826 Fax: (860) 258 -5858 E-mail: francis. carino@ct. gov CT Juvenile Law website: www. francarino. com www. ctyouthservices. org