Allegheny Detention Assessment - National Center for Juvenile Justice
Transcription
Allegheny Detention Assessment - National Center for Juvenile Justice
Allegheny County Detention Screening Study Charles Puzzanchera, Crystal Knoll, Benjamin Adams, and Melissa Sickmund National Center for Juvenile Justice February 2012 NCJJ is the Research Division of the National Council of Juvenile and Family Court Judges This report was prepared by the National Center for Juvenile Justice, the research division of the National Council of Juvenile and Family Court Judges. The work was partially supported by the Center for Children’s Law and Policy as part of their efforts in the MacArthur Foundation’s Models for Change reform initiative. Allegheny County Juvenile Probation provided detention screening and other key data to support the work. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the position or policies of the Center for Children’s Law and Policy or Allegheny County Juvenile Probation. Copyright 2012 National Center for Juvenile Justice 3700 South Water Street, Suite 200 Pittsburgh, PA. 15203–2363 412-227-6950 www.ncjj.org Suggested citation: Puzzanchera, Charles, Knoll, Crystal, Adams, Benjamin, and Sickmund, Melissa. 2012. Allegheny County Detention Screening Study. Pittsburgh, PA: National Center for Juvenile Justice. For questions or comments about this report contact: Charles Puzzanchera cpuzzanchera@ncjfcj.org Table of Contents Executive Summary .......................................................................................................................................................................... ii Summary of Key Findings ......................................................................................................................................................iii Background ......................................................................................................................................................................................... 1 Allegheny County Profile ........................................................................................................................................................ 2 Use of Detention in Allegheny County .............................................................................................................................. 7 Detention Best Practices ............................................................................................................................................................. 14 Detention Reform: the Juvenile Detention Alternatives Initiative and Models for Change .................... 14 Juvenile Detention Risk Assessment ............................................................................................................................... 14 Summary of Berks County Detention Assessment Instrument Test ................................................................. 18 The Need for Alternatives to Detention......................................................................................................................... 19 Process for the Detention Screening in Allegheny County .................................................................................... 20 The Detention Assessment Instrument ......................................................................................................................... 21 Study design ..................................................................................................................................................................................... 23 Purpose of the Study.............................................................................................................................................................. 23 Characteristics of the Study Sample ................................................................................................................................ 24 Results ................................................................................................................................................................................................ 25 Detention Outcomes Overall .............................................................................................................................................. 25 Detention Outcomes by Offense........................................................................................................................................ 25 Detention Outcomes by Risk Score.................................................................................................................................. 26 Overrides .................................................................................................................................................................................... 27 Race/Ethnicity (DMC) Results .......................................................................................................................................... 29 Discussion and Recommendations .......................................................................................................................................... 32 Continued Study—Continued Discussion ..................................................................................................................... 34 References ........................................................................................................................................................................................ 35 Appendix: Detention Assessment Instruments .................................................................................................................. 36 i Executive Summary The National Center for Juvenile Justice (NCJJ) agreed to conduct a study working with staff from Allegheny County Juvenile Probation to gather data from the automated Detention Assessment Instrument and other individual level information from Pennsylvania’s Juvenile Court Management System (JCMS). The study’s goal was to use these data, to the extent possible, to conduct analyses recommended in A Practical Guide to Juvenile Detention Risk Assessment (Steinhart, 2006) and determine how well the Allegheny County instrument was working to reduce the amount of disproportionality in detention risk decision-making. Data Collection Allegheny County Juvenile Probation gathered data from the Detention Assessment Instrument completed by intake officers for arrested youth considered for admission to Shuman Juvenile Detention Center beginning in mid-February in 2008. For this study, NCJJ analyzed detention screening data collected from March of 2008 through February of 2010. These data included the following information: Screening outcomes. The primary analyses address the question of the impact of the Detention Assessment Instrument on the decision of whether to detain youth, place them in a detention alternative program, or release them. Accordingly, the data included basic demographic information (gender, race/ethnicity, and date of birth) for all youth considered for detention, along with the scores earned across seven factors that compose the overall risk score. In addition, information regarding mandatory detention holds, discretionary overrides, and the attendant aggravating/mitigating factors were also provided. Disproportionate minority contact. To the extent that data were available, additional analyses were conducted to consider the entire pool of youth brought to detention intake. To better understand the instrument’s impact on detention rates and disproportionate minority confinement, analyses compared detention rates and population profiles of white and black youth. Validation The goal of validation analyses is to measure the post-implementation success of the Detention Assessment Instrument in relation to the risk of committing a new offense pending court appearance and the risk of failing to appear in court. A validation sample would include youth who were released or placed on detention alternative status based on the Detention Assessment Instrument. A validation analysis would then focus on determining decision error for this population. In other words, to what degree were youth released using the instrument who, in hindsight, should not have been — either because they failed to appear or because they committed a new offense while not detained? [It should be noted that this report describes the results of a test of the Detention Alternatives Instrument implemented by Allegheny County Juvenile Probation at Shuman Detention Center. A formal validation study would require data on outcomes for juveniles who are released at detention intake based on their risk scores (Steinhart, 2008). Validation studies are normally done after the detention screening ii instrument has undergone a general implementation test (like the current analysis). Although it was initially hoped that data would be available to conduct such a validation study, these data were not available in time to support the needs of this report.] This report also summarizes the literature on effective detention risk assessments and presents an overview of the use of detention in Allegheny County prior to the development of detention alternatives and the implementation of the Detention Assessment Instrument, study methods and analyses, study results, study limitations, and implications for further study/action. Summary of Key Findings Test sample The sample for this study consists of 2,098 detention screening assessments involving 1,940 youth conducted during the 24-month period from March 2008 through February 2010. Youth between the age of 15 and 17 accounted for nearly three-fourths (74%) of all assessments. Males accounted for eight of every ten (80%) assessments conducted during this period and black youth accounted for 76% of the sample. Detention rate The overall detention rate for this sample was 74% — 1,556 of the nearly 2,100 assessments resulted in the youth being securely detained. Alternatives to detention were recommended for 4% of all youth screened, while another 22% were recommended for outright release. Mandatory holds — factors such as a firearm offense or the existence of a warrant that trigger automatic admission to detention — accounted for more than half (55%) of all secure detention admissions. Of those detained for mandatory reasons, more than two-thirds (67%) involved youth with an outstanding warrant, while another 15% involved youth detained for a firearm offense. Detention outcomes by risk score The risk scale used on the Allegheny Detention Assessment Instrument sets the threshold for detention at 15 (or more) points. In other words, youth who accumulate 15 or more points across all 7 factors are deemed appropriate candidates for secure detention. Youth scoring between 10 and 14 points are eligible for a detention alternative, while those scoring less than 10 points are eligible for release. Probation officers can override the recommended outcome associated with a youth’s risk score, provided that mitigating (to override “down”) or aggravating (to override “up”) factors are present. The total detain override rate for this sample was 46%. That is, 46% of all assessments involving youth with risk scores that made them eligible for a detention alternative or release (risk scores of 0 to 14 points) were subsequently admitted to detention. While not always reported, the lack of appropriate parental supervision was the most predominant aggravating factor. iii Disproportionate minority contact results Black youth accounted for 76% of all assessments conducted during the 24-month study period and white youth represented an additional 20% (about 1% involved youth of Hispanic ethnicity). Detention rates were comparable for black (76%) and white youth (71%). In Relative Rate Index (RRI) terms, this translates to a ratio of 1.07. As such, there is little evidence of disproportionate minority confinement for this sample. Rather, the disparity worth noting involves those youth for whom detention is requested, i.e., those who are referred to the Allegheny County Detention Center. In practice, these referrals often emanate from other juvenile justice system agents, such as members of the law enforcement community, who initiate most detention admission requests. Probation officers are charged with deciding on such requests objectively and consistently. Risk scores from the detention assessment instrument as well as pre-existing detention admission criteria (known within Pennsylvania as the Coleman standards) are equally used to inform the probation officer’s final decision. iv Background In more than one way the impetus for this work stems from Pennsylvania’s involvement in the John D. and Catherine T. MacArthur Foundation’s Models for Change juvenile justice reform initiative. Pennsylvania was the first of four core states strategically selected to participate in Models for Change because of the state’s leadership, structure, commitment to system-wide change, and likelihood to influence reforms throughout the state. The National Center for Juvenile Justice (NCJJ) has been involved with Models for Change since its beginning as a part of its National Resource Bank, functioning as the initiative’s national Technical Resource Center. The Center for Children’s Law and Policy (CCLP) is also part of the Models for Change initiative’s National Resource Bank. CCLP leads efforts to reduce disproportionate minority contact (DMC) in the juvenile justice system in the four Models for Change core states and as the lead agency in the initiative’s DMC Action Network, working in twelve additional states. CCLP also serves as primary consultants to the Annie E. Casey Foundation’s Juvenile Detention Alternatives Initiative (JDAI). While Pennsylvania carried out Models for Change work statewide, Allegheny County was one of eight counties that undertook best practice pilot projects in aftercare, mental health/juvenile justice coordination, and addressing disproportionate minority contact. Berks County was another county in Pennsylvania with pilot projects. Models for Change support assisted Berks County’s juvenile justice stakeholders and community leaders in the Racial and Ethnic Disparities Reduction Project. The goal was to reduce the disproportionate detention and residential placement of African American1 and Latino youth. Before deciding on DMC policy and program changes, Berks County engaged in data collection and analysis to determine the scope of the problem and identify system points where changes could be made. Berks County instituted a Detention Assessment Instrument (DAI), a structured approach to detention decision-making, to ensure that detention decisions are objective, based upon fixed criteria, and recorded in uniform ways for all youth referred for detention. Steinhart (2008) tested the Berks County DAI, which was adapted from a similar instrument developed as part of the Casey Foundation’s Juvenile Detention Alternatives Initiative and used in other states. At the urging of CCLP, Allegheny County implemented a detention assessment instrument adapted from the Berks County instrument. Allegheny County began using the Detention Assessment Instrument in the middle of February 2008. Jim Rieland, then Allegheny County’s director of court services, approached NCJJ to conduct a study, similar to Steinhart’s Berks County work, on Allegheny County’s detention screening instrument. CCLP provided the majority of funding to support this work. Data included in the study analyses were collected on juveniles considered for detention between March 1, 2008 and February 28, 2010. 1 For ease of presentation, African-American will be referred to as black and Caucasian/Anglo will be referred to as white throughout this report. Allegheny County Profile Allegheny County is unique in that the juvenile detention center is located in the City of Pittsburgh, yet much of its youth population resides outside of the city in suburban areas under the jurisdiction of municipal police departments. To put this in perspective, the City of Pittsburgh is just one of Allegheny County’s 130 municipalities, of which each has a local government and most have their own police department. No other county in Pennsylvania shares this unique division of law and government across such a large number of jurisdictions. Allegheny County municipality map City of Pittsburgh neighborhood map Shuman Juvenile Detention Center Demographic characteristics of Allegheny County’s youth population Multiple measures of the juvenile population in Allegheny County can be used to gain a better understanding of the profile of youth who could be referred to Shuman Detention Center. They include: the Allegheny County juvenile population, the City of Pittsburgh juvenile population, and the enrollment population of youth in the Pittsburgh Public School District. NCJJ annually provides access to detailed population estimates derived from data originally collected by the U.S. Census Bureau and subsequently modified by the National Center for Health Statistics (NCHS). In 2008 and 2009, analysis using Easy Access to Juvenile Populations showed that although Allegheny County’s youth population ages 10 through 17 had declined, the race profile had not changed: 76% white, 20% black, 2.5% Asian, and less than one-half of 1% American Indian. The racial profile of juveniles in 2 Allegheny County had changed only slightly from 2000, when it was: 80% white, 18% black, 1.5% Asian, and less than one-half of 1% American Indian. Table 1: Population estimates, Allegheny County, ages 10–17 Number Percent 2000 2008 2009 2000 2008 2009 Total 130,790 115,729 112,806 100% 100% 100% White, non-Hispanic 104,028 87,797 85,228 80 76 76 23,086 23,037 22,429 18 20 20 239 276 280 0 0 0 Asian, non-Hispanic 1,953 2,637 2,799 1 2 2 Hispanic 1,484 1,982 2,070 1 2 2 Black, non-Hispanic American Indian, nonHispanic Adapted from: Puzzanchera, C., Sladky, A. and Kang, W. (2010). "Easy Access to Juvenile Populations: 1990-2009." Online. Available: http://www.ojjdp.gov/ojstatbb/ezapop/ The Decennial Census collects actual counts of persons dwelling in residential structures and can be used to examine the City of Pittsburgh youth population. According to the most recent available data (2000) the City of Pittsburgh’s youth population ages 10 through 17 was 54% white, 42% black, 2.5% two or more races, 1% Asian, less than 1% other, and less than one-half of 1% American Indian. Although the City of Pittsburgh accounted for slightly less than one-quarter of the youth population of Allegheny County, more than half of black youth lived in the city (12,421 out of 23,086), and more than 8 in 10 white youth lived outside the city (87,933 out of 104,028). Table 2: Population estimates, City of Pittsburgh ages 10–17, 2000 Number Percent Total 29,897 100% White 16,095 54 Black 12,421 42 73 0 Asian 328 1 Other 234 1 2 or more races 746 2 American Indian Adapted from: Census 2000 Summary File 1 (SF 1) 100% Data. 3 The Pittsburgh Public School District provides enrollment data by grade, gender, and race. According to information provided for the 2009–2010 school year, Pittsburgh Public School enrollment for grades 5 through 12 was 36% white, 57% black, 4% multi-racial, 2% Asian, 1% Hispanic, and less than one-half of 1% American Indian. Table 3: 2009-2010 Pittsburgh Public Schools enrollment, grades 5–12 Total Number Percentage 15,722 100% White, non-Hispanic 5,646 36 Black, non-Hispanic 8,921 57 14 0 Asian, non-Hispanic 270 2 Multi-racial, non-Hispanic 683 4 Hispanic 188 1 American Indian, non-Hispanic *These figures represent the official membership of the District as of October 8, 2009. Adapted from: Pittsburgh Public Schools. "District Overview." Online. Available: www.pghboe.net Juvenile arrests in Allegheny County Data collected by the Pennsylvania State Police Uniform Crime Reporting Program (PAUCR) has been extracted by NCJJ and published on the Pennsylvania Electronic Juvenile Justice Databook. Analyzing arrest trends is one way to understand the extent of juvenile crime that comes to the attention of law enforcement agencies and that subsequently affects the number and types of cases that may enter the juvenile justice system. Variations in juvenile arrest rates may reflect differences in the number of reporting agencies, juvenile law-violating behavior, police behavior, and/or community standards. In 2008, law enforcement agencies in Allegheny County reported a total of 8,005 arrests of juveniles — youth younger than age 18 (see table on next page). Of those arrests, just over half (52%) were arrests of black youth, just under half (48%) were arrests of white youth. The remaining 22 (less than one half of 1%) youth were of other races. Forty-three youth were reported to be of Hispanic ethnicity (1%). The largest proportion of arrests for both black and white juveniles was disorderly conduct, accounting for nearly 3 in 10 arrests. Liquor law violations were 10% of juvenile arrests overall—20% for whites and 1% for blacks. Simple assaults were 11% of juvenile arrests overall—16% for blacks and 6% for whites. Aggravated assaults were 5% of juvenile arrests overall—7% for blacks and 2% for whites. Similar race differences were seen for other offense categories (e.g., robbery, and weapons). There were several other 4 offense categories for which black and white youth’s arrest proportions were similar (e.g., larceny-theft, other sex offenses, and drug abuse). Table 4: Arrests of juveniles younger than age 18, Allegheny County, 2008 Offense profile Most serious offense Total White Black Total Arrests* 8,005 3,850 4,133 100% 100% 100% Violent Crime Index 8 3 13 Murder/nonnegligent manslaughter 0 0 0 Forcible rape 0 0 0 Robbery 3 1 6 Aggravated assault 5 2 7 Property Crime Index 11 9 13 Burglary 3 2 4 Larceny-theft 7 6 8 Motor vehicle theft 1 0 1 Arson 0 0 0 Simple assaults 11 6 16 Stolen property 1 1 2 Vandalism 7 9 5 Weapons 3 1 4 Sex offenses (other) 1 1 1 Drug abuse violations 7 7 8 1 1 0 10 20 1 Nonindex offenses Driving under influence Liquor laws Drunkenness 1 1 0 Disorderly conduct 28 29 28 All other offenses** 9 10 7 Curfew and loitering (juveniles only) 2 3 2 * Total includes offense not shown. ** Does not include traffic offenses. Data source: Data were extracted from the Pennsylvania State Police's Uniform Crime Reporting System (PAUCR) web site following the release of "Crime in Pennsylvania: Annual Uniform Crime Report," available at http://ucr.psp.state.pa.us/UCR/ComMain.asp Reported arrest data from Allegheny County suggest that the racial profile of juveniles arrested for delinquency has changed significantly over the past decade. Between 2000 and 2008, arrest rates in 5 Allegheny County declined 11% for white youth, but increased 65% for black youth. In fact, arrest rates for white youth declined in most major offense categories over the period, with the exception of minor increases in arrest rates for robbery (up 4%) and weapons law violations (up 3%). Generally, the opposite was true for the arrest rates for black youth. Similar to white youth, black youth experienced large declines in arrest rates for rape and motor vehicle theft, but their arrest rates increased for nearly all other offense categories. For example, in the general offense category of assault, aggravated assault and simple assault arrest rates declined for white youth (down 36% and 9%, respectively). Over the same period, the aggravated assault arrest rate increased 59% for black youth and the simple assault arrest rate increased 56%. In 2000, black youth accounted for about one-third of juvenile arrests in Allegheny County; by 2008, they accounted for just over half of juvenile arrests. As a result, the ratio of black-to-white arrest rates increased from 2.2 in 2000 to 4.1 in 2008. The population-at-risk and its changing nature will present an important factor for consideration when examining issues surrounding disproportionate minority contact as it relates to the secure detention stage. As one would expect, the changes in the racial profile of juvenile arrests at the county level were driven by arrests in the City of Pittsburgh. Data reported to the PAUCR by the City of Pittsburgh police show that black youth accounted for 59% of juvenile arrests in 2000, but by 2008 they accounted for 81%. Juvenile court case processing statistics The total number of delinquency cases handled in Allegheny County rose 13% from 2000 through 2008. Not only did the caseload increase, but the composition of the caseload changed. In 2000, black youth accounted for over one-half (53%) of juvenile court dispositions in Allegheny County; by 2008, they accounted for nearly two-thirds (65%). 6 Table 5: Delinquency cases disposed, Allegheny County, 2008 Offense profile Most serious alleged offense Total White Black Total 4,492 1,453 2,942 100% 100% 100% Criminal homicide 0 0 0 Violent sex offense 1 1 1 Robbery 6 2 8 Aggravated assault 13 5 16 Simple assault 11 11 11 Nonviolent sex offense 1 1 1 Other person offense 5 6 4 Burglary 5 6 4 Theft 8 9 7 Arson 1 1 0 Vandalism/Criminal mischief 3 6 1 Trespassing 2 2 2 Fraud 1 1 1 Receiving stolen property 4 5 3 Drugs, Felony 5 4 6 Drugs, Misdemeanor 7 12 5 Weapons, in school 4 4 4 Weapons, not in school 3 1 3 Obstruction of justice 2 1 2 Disorderly conduct 3 2 3 Failure to comply with a lawful sentence 14 14 15 DUI 1 2 0 Other public order 1 2 1 Unknown 1 2 1 Data source: Pennsylvania Juvenile Delinquency Data Analysis Tool. Developed for the Pennsylvania Juvenile Court Judges' Commission by the National Center for Juvenile Justice, Pittsburgh, Pa. Overall, aggravated assault cases accounted for 13% and simple assault accounted for 11% of delinquency cases handled during 2008. Although there was no racial difference in the proportion of simple assault cases, aggravated assault offenses were a greater proportion of cases among black juveniles than among white juveniles (16% for blacks and 5% for whites). A similar pattern was seen for weapons offenses. Whites and blacks had equal proportions of weapons in school cases, but blacks had a higher proportion of weapons out of school. A different pattern was seen for drug offenses. Among black juveniles, felony drug cases were 6% of all cases, compared with 4% for white juveniles. In contrast, less serious misdemeanor drug cases were 12% of cases for whites and 5% of cases for blacks. 7 Use of Detention in Allegheny County Shuman Juvenile Detention Center, Allegheny County Shuman Detention Center is a locked facility in the City of Pittsburgh where young people are placed while waiting for court hearings or waiting to be placed in a more permanent facility. Shuman Juvenile Detention Center is the only secure detention facility serving Allegheny County, Pennsylvania. Shuman Juvenile Detention Center opened in December of 1974. The stated mission of the facility is to “provide safe, secure custody and to promote the health and well-being of youths committed to its care.” The mission of Shuman Center is pursued in accord with the Pennsylvania Juvenile Act and regulations governing secure detention as set forth in 55 Pennsylvania Code Chapter 3760. Shuman currently has a licensed capacity of 130 beds. [For several years in the late 1990s there were 36 additional beds available to house detained juvenile offenders in a separate juvenile “pod” at the county jail. These jail pod beds were reserved for the most serious offenders.] The average occupancy rate for Shuman Center over the 15 year period from 1995 through 2009 was 92%. The occupancy rate fluctuated during the period from a low of 82% in 2004 to a high of 105% in 2007. Shuman center occupancy rate 120% 100% 80% 60% Average daily population/capacity 40% 20% 0% 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Shuman Detention Center is used to house youth when a young person is arrested on serious charges such as robbery, aggravated assault, or burglary and poses a threat to the community. Shuman Detention Center is also used when the youth commits a serious crime and is a threat to run and may not appear for a court hearing. Under the Pennsylvania Juvenile Act, detention is to provide secure custody and temporary care in a physically restricted, humane environment for alleged or adjudicated delinquent youth awaiting court disposition or transfer to another jurisdiction or agency. In Pennsylvania, delinquency is defined as any crime under federal, state, or local law except murder and select excluded offenses (i.e., criminal offenses that are statutorily excluded from juvenile court jurisdiction), summary offenses, and status offenses such as truancy, curfew violations, and running away. Pennsylvania’s juvenile delinquency jurisdiction covers all youth ages 10 through 17, although jurisdiction can be extended to age 21. Thus, Shuman Detention Center’s jurisdiction includes all youth living in Allegheny 8 County between ages 10 and 17, with extended jurisdiction to age 21. Shuman Detention Center can also hold youth from outside of Allegheny County who are accused of committing an offense in the county or those under court order. According to the Shuman Detention Center website, “Once a youth is admitted to Shuman, they can remain in Shuman for ten days. After the first hearing, youth will remain in the detention facility until a more permanent placement is located. Shuman Detention Center is for temporary placements only.” Pennsylvania criteria for detention admission Admission to detention at Shuman is dependent on a number of legal and extralegal factors. Allegheny County juvenile probation administrators identified a number of legal reasons for which a juvenile could be brought to Shuman: a new charge, violation of probation, failure to appear, transfer for a hearing, pending a placement, or as a sanction. In fact, the criteria for detention are spelled out quite thoroughly under what are known in Pennsylvania as the Coleman standards. Legal Factors. Coleman v. Stanziani was filed in 1981 as a Federal court class action challenging the constitutionality of the Pennsylvania Juvenile Act's provisions on secure juvenile detention. In 1986, the suit was settled via consent decree and standards were set for the use of secure detention. When the consent decree expired in 1996, the Juvenile Court Judges Commission (JCJC) voted to adopt the Coleman standards as the only approved standards for secure detention in Pennsylvania. Circumstances under which secure detention can be authorized in counties outside of Philadelphia include: The youth is alleged to have committed criminal homicide, rape or other violent sex offense, robbery, aggravated assault, certain burglaries, terroristic threats, riot or causing/risking catastrophe, felonious intimidation of or retaliation against witnesses or victims, used or possessed a firearm during the crime, or used another deadly weapon during the crime. The youth is alleged to have committed a felony and is currently on probation or under consent decree. The youth is alleged to have committed a felony and was found to be delinquent within the prior 18 months. The youth is alleged to have committed a delinquent offense and is currently on probation or under consent decree for a felony. The youth is currently on probation or under consent decree for a felony offense and is alleged to have twice violated the conditions of probation or other post-adjudication supervision. The youth has absconded or willfully failed to appear in court. At the juvenile’s request. Pending disposition if the youth was adjudicated for an offense that was eligible for detention or placement of the youth is probable. Following disposition, pending transfer to placement the youth was adjudicated for an offense that was eligible for detention. 9 For a disposition review proceeding if the youth is in secure placement or the youth was returned from placement for failure to adjust in placement. For exceptional circumstances (must include a statement of why non-secure alternatives were rejected). These standards effectively led to the closing of a number of secure detention centers around the state, provided a model for consistency surrounding the decision to detain, and reduced the state detention rate. Shortly following the adoption of the Coleman standards, Allegheny County instituted a policy that required law enforcement agencies to contact Shuman Detention Center intake to determine the juvenile’s detention eligibility before transporting youth to the facility. When a youth was arrested, the police officer contacted Shuman Detention Center to speak with an intake probation officer. The police officer explained the nature of the charges to the intake officer and the intake officer made a decision as to whether or not the youth should be admitted to Shuman Detention Center. The intake officer used the state established guidelines to make a decision but would also take into consideration the safety of the victim and the community. If and only if the intake officer decided that the youth should be admitted to detention, the police officer transported the youth to Shuman Detention Center. The change was intended to ensure that all detention intakes adhere to the Coleman Standards. More recently, Allegheny County Juvenile Probation implemented several detention alternatives (such as Youth Enrichment Services (YES)/Rankin Christian Detention Diversion) in an effort to reduce the reliance on detention yet not merely returning youth home unsupervised and sacrificing community protection. However, until recently, most secure detention centers in Pennsylvania did not use a risk assessment instrument to evaluate the decision to detain a youth. Beginning in mid-February 2008, Allegheny County implemented a Detention Assessment Instrument adopted with some modifications from an instrument developed and implemented by Berks County Juvenile Probation. Extralegal Factors. The decision to request that a juvenile offender be detained at Shuman Detention Center may also be influenced by extralegal factors: geographic (proximity to the detention center), transportation (resources available to the arresting officer), or accessibility of/relationship to a parent or guardian. These extralegal factors are more difficult to measure and are rarely collected intentionally in court or probation management data systems. The impact of extralegal factors on the use of detention in Allegheny is, thus, difficult to pinpoint, but several scenarios are likely. Geographic (proximity to Shuman Detention Center): Law enforcement officers from municipalities that are farther away from Shuman may be less inclined to request that youth be detained because of the inconvenience of having to transport the youth to the facility. Depending on the time of day and traffic patterns, the drive to Shuman could take an hour from some communities. This inconvenience factor may have an impact on all but the most serious cases. Transportation (resources available to the arresting officer): Law enforcement officers may decide against requesting detention for some youth because of limited availability of vehicles to transport youth to Shuman Detention Center. Challenging economic conditions have strained the resources of many police agencies in the county. Some agencies may choose to drive less to reduce fuel costs. Similarly, manpower resources may be limited in some agencies making it difficult to spare an officer to escort a juvenile to Shuman. Some communities have reduced costs by 10 eliminating their police departments all together or sharing forces with a neighboring community. Such resource factors may have an impact on the decision to request detention except in serious cases. Availability of parents/guardians (release youth to the custody of a responsible adult): For some segments of the youth population, parents may be less likely to be available to retrieve the youth from police following an arrest. Single parents and parents who work multiple jobs or jobs in positions where they can not readily take time off may not be able to go to the station to pick up their child. If law enforcement cannot locate a parent to release the youth to, they may be more inclined to request admission to detention. In wealthier suburban communities with a greater proportion of two-parent families and parents in higher level positions, parents may be more likely to be able to respond to their child’s phone call. Each of these factors may have the impact of reducing the number of detention requests in the suburban communities of Allegheny County and less impact in the City of Pittsburgh. To the extent that detention requests are skewed toward the city’s disproportionately black youth population there will be a DMC impact on detention admissions. Available aggregate data on detention admissions The Juvenile Court Judges’ Commission collects data on detention admissions reported by secure detention facilities across the state. Between 2000 and 2007, Allegheny County averaged about 3,500 detention admissions each year. Comparing figures for detention admissions to the number of delinquency cases in the county indicates that admissions are not directly dependent on the volume of cases. Between 2003 and 2007 the volume of cases rose 25%, but admissions to secure detention fell 4%. Number in Allegheny County 6,000 Delinquency cases 5,000 4,000 3,000 Secure detention admissions 2,000 1,000 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 The total number of admissions declined by nearly 19% between 2000 and 2007, however the patterns varied considerably by race. Detention admissions for white youth were cut nearly in half during that time period, while admissions for black youth fell just 4%. As a result, the contribution of black youth to 11 the racial profile of juveniles admitted to secure detention increased from 69% to 82%, by the end of the period. Allegheny County, new admissions to secure detention by race 3,000 Black 2,500 2,000 1,500 1,000 White 500 0 2000 2001 2002 2003 2004 2005 2006 2007 Number and proportion of delinquency cases in which the juvenile was detained The number of delinquency cases in Allegheny County in which the youth was detained during their case processing dropped between 2005 and 2007 (17%). In comparison, the county’s overall delinquency caseload rose (8%). The proportion of delinquency cases in Allegheny County in which the youth was detained also declined (6 percentage points). Neither Pennsylvania or the United States as a whole saw such declines in the likelihood of detention. Table 6: Delinquency cases in which the youth was detained between referral and disposition Percent of cases Number in Allegheny County Allegheny County Pennsylvania United States 2005 1,142 27% 16% 22% 2006 1,157 26 16 23 2007 951 21 13 23 Data sources Allegheny County and Pennsylvania data adapted from the "Pennsylvania Juvenile Delinquency Data Analysis Tool." Developed for the Pennsylvania Juvenile Court Judges' Commission by the National Center for Juvenile Justice, Pittsburgh, Pa. United States data adapted from Sickmund, M., Sladky, A., and Kang, W. (2011). "Easy Access to Juvenile Court Statistics: 1985-2008." Although, the proportion of delinquency cases involving detention was greater for black youth than for white youth, the decline in that proportion was similar for whites and blacks. Between 2005 and 2007, 12 the year prior to the implementation of the detention screening instrument in Allegheny County, the likelihood of detention dropped 9 percentage points for blacks and 2 percentage points for whites. Table 7: Percent of cases in Allegheny County in which the youth was detained Total White Black 2005 27% 16% 34% 2006 26 16 32 2007 21 14 25 Data source: adapted from the "Pennsylvania Juvenile Delinquency Data Analysis Tool." Developed for the Pennsylvania Juvenile Court Judges' Commission by the National Center for Juvenile Justice, Pittsburgh, Pa. 13 Detention Best Practices Detention Reform: the Juvenile Detention Alternatives Initiative and Models for Change Juvenile detention and detention alternatives are considered to be essential components of the juvenile justice system and ideally should be developed in collaboration with the juvenile court and other system partners. They are to be short-term solutions and appropriately assigned based on the level of risk posed by the youth. Services must be appropriate and of high quality. The environments in which services are provided should be safe and secure. In Pennsylvania, both detention and detention alternatives must be consistent with the principles of balanced and restorative justice, community protection, competency development, and accountability to victims and communities for harm caused. They should demonstrate respect for individual rights and the dignity of youth. They should also be part of a continuum of positive services and interventions for court-involved youth — detention should be considered a part of a process, and not a place (Thomas et. al, 2003). Since the early 1990s, the Annie E. Casey Foundation’s Juvenile Detention Alternatives Initiative (JDAI) has worked to reduce the reliance on secure detention nationwide. JDAI is premised on the belief that “youth are often unnecessarily or inappropriately detained at great expense, with long-lasting negative consequences for both public safety and youth development” (JDAI website: http://www.aecf.org/MajorInitiatives/JuvenileDetentionAlternativesInitiative.aspx). The prime objectives of JDAI are: To reduce unnecessary or inappropriate secure confinement of children To reduce crowding and to improve conditions for children in secure detention facilities To encourage the development of non-secure alternatives to secure juvenile confinement To discourage failures to appear in court and subsequent delinquent behavior Strategies to reduce the use of detention and the size of detention populations include: financial disincentives, control of admissions, detention screening protocols, availability of alternatives to detention, elimination of certain detention practices such as the use of detention as a sanction for postadjudication juveniles, and reduction of the time juveniles spend in detention. The strategies a particular jurisdiction chooses may include some or all of the above (Thomas, et. al, 2003). Juvenile Detention Risk Assessment Detention risk screening is a fundamental strategy used to achieve these detention reform objectives. Risk screening is the process of evaluating each arrested minor to determine the need for secure, locked confinement. Ordinarily, risk screening occurs at a juvenile detention facility to which a youth is taken after an arrest. However, risk screening can also be conducted outside of the detention center—for example, by law enforcement officers in the field or even by telephone. 14 A basic tool used in the risk screening process is a detention risk assessment instrument. The risk instrument is a written checklist of criteria that are applied to rate each minor for specific detentionrelated risks. The overall risk score is then used to guide the intake officer in making the critical decision whether to detain or release an arrested youth. The screening tools are locally designed, and they vary in scope and format from site to site. They are often point-scale instruments—assigning points for various risk factors and then producing a total risk score indicating whether the youth is eligible for secure detention, for a non-secure detention alternative program, or for release home. When JDAI began, many detention facilities were crowded. Thus, reformers sought to control admissions to detention facilities by adopting local, written detention criteria that were more focused than state detention laws. These local criteria were designed to separate low-risk youth from higher-risk youth. According to JDAI’s juvenile detention risk assessment guide (Steinhart, 2006), key principles behind screening instruments are: Objectivity. Detention decisions should be based on neutral and objective factors rather than on the screener’s subjective opinion about an individual youth. Objective criteria anchor detention decisions in ascertainable facts such as the nature and severity of the offense, the number of prior referrals, or the minor’s history of flight from custody. Uniformity. Local criteria should be uniform in the sense that they are applied equally to all minors referred for a detention decision. To achieve the desired level of uniformity, the criteria must be in a written (or electronic) format and must be incorporated into a screening process that is standardized for all referrals. Risk-based. The criteria should be risk-based, meaning that they should measure specific detention-related risks posed by the minor. These risks are: the risk of reoffending before adjudication and the risk of failing to appear at a court hearing. Intake assessment can be a useful tool for detention centers. Applying the assessment tool in a uniform fashion helps to reduce subjectivity of the intake decision-maker. To create a fair assessment tool, several principles should be kept in mind. To start, only proven risk factors should be considered. These include things such as the nature of the juvenile’s offense or his or her referral history. Redundant risk factors should be avoided, as they can lead to higher rates of detention due to higher assessment scores. Points assigned should be balanced with decision and outcome scales. Mid-range alternatives to detention (electronic monitoring, home detention, etc) should be available (Steinhart, 2006). Risk instruments should be used at the point when the juvenile is either arrested or referred to the detention center. This includes arrests for new charges, violations of probation, being apprehended or surrendering on a warrant, being transferred from another facility, or failing to adjust in another facility. All juveniles should be assessed, with the exception of those who were court-ordered into detention and youths who had already been detained but left the facility for other care and have returned. The facility will also need to determine if staff should do assessments manually or if an automated system should be created. Automation is simpler and generally more accurate and would permit for integration into other data systems, potentially allowing access to a minor’s referral and arrest history. The major downside of automation is that it can be very costly. The center would also need to be sure that qualified persons are making the data entry into the system, to avoid errors (Steinhart, 2006). 15 Successful manual instruments tend to be short —one to two pages — which makes them quick and easy to fill out, low in complexity, and still sufficient to assess the juvenile. Risk factors and their point values will also need to be decided. Core risk factors generally include the nature of the referral offense and the juvenile’s delinquent history. Collateral risk factors encompass aggravating and mitigating factors—home life, behavior, school record, gang involvement, etc. Crimes and violations should be collapsed into broad categories in descending order of severity, with scores assigned based on the most severe offense. Any prior arrests or adjudications should be rated on severity and recency. Prior escapes, failures to appear, pending cases or petitions, and current legal/probation status should also be factored into the assessment (Steinhart, 2006). A decision or outcome scale will also need to be created. The cutoff score for detention should match the point value that was assigned to the most serious offenses that would end in a juvenile automatically being detained. If this score is too low, then juveniles who could benefit from an alternative will be detained. It should be ensured that alternatives are in place before they are incorporated into the risk instrument. Reasons for recommending an override to detention should be specific (danger to self, danger to others, gang affiliation, etc). Release overrides should also be incorporated (Steinhart, 2006). A list of common assessment override reasons should be compiled beforehand to help eliminate subjectivity. Mandatory detention should be considered for specific offenses (such as ones involving firearms), juveniles arrested on a warrant, juveniles failing a detention alternative, those who are being held for transfer to another jurisdiction, or those who have been court-ordered to detention (Steinhart, 2006). These may be mitigated by age and mental capacity. Ideally, overrides would result in no more than 15–20% of juveniles being eligible for release — anything higher than 25% could indicate a problem with how detention is determined, be it misuse of the tool by staff or lack of parental cooperation to keep the juvenile out of detention. Practices to reduce overrides include requiring very specific reasons to override, mandatory supervisor approval, improving the responsiveness of parents, and making better use of alternatives.. Once a draft instrument is completed, it should be checked for race and gender neutrality. Occasionally factors such as community ties, gang affiliations, or lack of a capable guardian to look after the minor can lead to disproportionate minority confinement by increasing the detention of black or Latino youth. Gender disproportionality can occur in jurisdictions where emphasis is placed on detaining youth involved in domestic violence situations or status offenses. Girls arrested for prostitution may be detained multiple times if there are no intervention services for them (Steinhart, 2006). After the instrument is constructed, field tests should be run with specific objectives in mind. A prospective test is recommended, but a retrospective test can be conducted so long as all of the data elements are supported. A minimum of 300 cases should be used to determine the baseline, and the study should continue as long as is needed to collect this number. The sample should be comprised of all referred and court-ordered minors. Other information that the test should include are: detention outcomes, primary referral offenses, and the date and time of detention or release. Supplemental documents, such as police reports and warrants, could be useful to assist in the analysis of the instrument. If there is an old instrument to compare to, it can be put to the test at the same time as the new instrument (Steinhart, 2006). 16 A number of reports should be generated from the field tests: the number or percentage of juveniles detained or released, detention outcome by referral reason, detention outcome by score, overrides and their rate, analyses of aggravating and mitigating factors, results of special and mandatory detention decisions, how the old instrument compares to the new (if applicable), referral and detention outcomes by race, and outcomes related to site-specific issues and objectives. Facility effects can also be analyzed by examining the average length of stay by referral reason, the total number of detention days by referral reason, and the annual estimated number of beds utilized by referral groups. These analyses help to determine if there is an excess of certain offense groups being held in the center (Steinhart, 2006). Results from these tests will aid facilitators in determining if there are problems arising from the use of the instrument. For example, if detention rates seemingly increase, then the instrument could be failing to reach the goal of lowering the number of juveniles admitted to detention, indicating that the points assignment may need to be reworked. High override rates can indicate that override procedures are not being properly understood or followed, or that alternatives to detention programs cannot handle the new flow of juveniles with mid-range scores on the assessment. Continued or increased disproportionate minority confinement can indicate problems either at the point of referral or detention decision time. Disproportionate referral rates by race may be associated with law enforcement practices and neighborhood or community factors which could contribute to higher arrest rates for minority youths. Disproportionate detention rates by race for juveniles with same offenses could be stemming from either a fault in the risk instrument or subjectivity by intake staff (Steinhart, 2006). After conducting a field test, stakeholders will have to make a decision: should the instrument be inducted without changes? Should the instrument be modified? Should the screening procedures related to the instrument be modified? The report attached with the field test should indicate any changes that are recommended to the instrument itself, and also explain why those changes would be beneficial. If changes to the process need to be made, it will first have to be decided if these changes can be made in-house or not. For example, if the problem lies within complying with override procedures, this is something the instrument developers could adjust on their own. However, if the problems are occurring within case processing or alternatives to detention, other committees or agencies may need to be involved. Process changes should not necessarily delay the implementation of a new risk assessment. Once the instrument itself has been deemed satisfactory it can be adopted, with allowances made for process changes that are not yet in place, such as alternatives to detention (Steinhart, 2006). Formal validation can be achieved via discrete, post-implementation measuring of success and failure rates for screened and released children. A good measurement is the risk of committing a new offense pending a court appearance and the risk of failure to appear over a specific period of time for released juveniles. A failure rate less than 10% would indicate that the instrument is performing at an average rate. A failure rate less than 5% would indicate that the instrument is performing above average. While low rates are preferred, rates that are too low could indicate that the instrument is too restrictive. The validation sample should consist of any minor who is placed on release or detention alternative status, based upon risk score, over the chosen test period. Definitions of success and failure should be determined ahead of time. Validation tests should be performed whenever a new instrument is implemented or when new members are added to the jurisdiction (Steinhart, 2006). 17 It should be reiterated that this report describes the results of a test of the Detention Assessment Instrument implemented by Allegheny County Juvenile Probation at Shuman Detention Center. This test is to be distinguished from a formal validation study of the instrument. A formal validation study would require data on outcomes for juveniles who are released at detention intake based on their risk scores. Validation analyses would assess rates of failure (re-offending pending adjudication, failure to appear in court) for released youth. Validation studies are normally done after the detention screening instrument has undergone a general implementation test (like the current analysis). Although, it was initially hoped that data would be available to conduct such a validation study, these data were not available in time to support the needs of this report. Summary of Berks County Detention Assessment Instrument Test Steinhart studied Berks County’s locally developed Detention Assessment in 2008. According to Steinhart (2008), overall, 80% of the juveniles in the Berks County study sample considered for detention were, in fact, detained. Probation staff assigned 10% of juveniles to a detention alternative (e.g., shelter, electronic monitoring). And another 10% were released outright, usually to their parents. Steinhart notes that, “The overall detention rate is considered high when compared to other jurisdictions using state-of-the art juvenile detention risk instruments” (2008). What Berks County calls mandatory holds (offenses or referral reasons for which detention is mandatory) accounted for more than half of all secure detention outcomes. Steinhart gives as examples of mandatory holds referrals for bench warrants, for placement and program failures, and “zero tolerance” arrests for auto theft. For juveniles for whom mandatory holds were not required, detention rates were high — exceeding two thirds of those considered for detention — for all offense groups except misdemeanors (46% detained), probation violations (49% detained) and consent decrees (27% detained). On the Berks County instrument, the threshold score for secure detention was 15 points. Juveniles scoring 10 through 14 points were eligible for a detention alternative, and those scoring below 10 were to be recommended for release. Juveniles referred for a mandatory hold reason were detained regardless of their score. Probation screeners were advised to honor the minor’s risk score by choosing the appropriate outcome on the decision scale, unless the screener elected to override the score. Screeners could override the score by checking an aggravation reason listed on the instrument, triggering a more restrictive outcome than the one suggested by the score. For youth with 15 or more points, screeners could override down to a less restrictive result by checking a mitigation reason. For juveniles in the sample who did not have mandatory holds, the total detain override rate was 40%. In other words, 40% of all youth whose scores qualified them for release or for an alternative (0-14 points) were detained. JDAI considers that the override rate should not exceed 20% of release-eligible youth. The Berks county result exceeded that standard by a wide margin. The most frequent override (aggravation) reason cited by screeners in the test was the unwillingness or unavailability of parents to provide supervision to their child. The instrument assigned risk points for delinquent history factors such as current probation status, prior adjudications or prior failures to appear in court. In view of the Berks County test results, the collateral factors as deployed in the instrument appeared to be well designed. Additional points for historical risk factors “boosted” about one-fourth of juveniles with offense scores below 15 over the detention 18 threshold. The instrument did a reasonable job of differentiating outcomes for probation violators; nearly all youth referred as probation violators scored less than 15 points (qualifying for release or an alternative). However, nearly one-third of the release-eligible violators were detained as overrides. Mandatory holds, though, were the strongest driver of the total detention rate. The largest group of mandatory holds consisted of minors referred on bench warrants (22%). The next largest “must detain” group was made up of zero tolerance auto theft arrests (10%). Berks County DMC findings Detention rates. Detention rates were high for all racial-ethnic groups. White youth were detained in 75% of detention requests for all white youth, black youth were detained in 77% of detention requests involving black youth, and Hispanic youth were detained in 84% of detention requests involving Hispanic youth. The high detention rates across the board mean that there wasn’t really disproportionate minority confinement. The higher Hispanic detention rate can be attributed to the zero tolerance auto theft policy. If half of the Hispanic youth with mandatory auto theft overrides had been risk-screened and directed to a detention alternative, the overall detain rate for Hispanic youth would have dropped to 77 percent—on a par with results for other race/ethnic groups. Rates of referral to detention. There was strong evidence of race and ethnic disproportionality in the rates at which children were referred for detention decisions, compared to the racial-ethnic distribution of youth age 10–17 in the Berks County population. The rate at which youth were apprehended and referred to detention resulted in the proportion of Hispanic and black youth among those detained being well in excess of their representation in the Berks County juvenile population ages 10 through 17. Conversely, the proportion of detained youth who were non-Hispanic whites was less than half of their proportion of the county youth population. The Need for Alternatives to Detention If in a jurisdiction the only choice for youth awaiting court hearings is secure detention or release home, the use of detention is likely to be limited only by the number of available detention beds. The refrain “Build it and they will come” from the movie Field of Dreams has often been used to refer to the fill-all-thenew-detention-beds phenomena experienced in many jurisdictions following the construction of a new detention facility. Having additional options such as electronic monitoring, home detention, and even shelters in place as alternatives to detention is key to controlling detention populations. Detention alternatives developed in Allegheny County Years prior to the implementation of the Detention Assessment Instrument at Shuman Detention Center, Allegheny County Juvenile Probation developed and implemented several programs to reduce detention stays and to provide alternatives to secure detention custody at Shuman Detention Center. Designed to relieve crowding at the facility, these include home detention or electronic monitoring, Detention Diversion program (Youth Enrichment Services (YES)/Rankin Christian), alternative living arrangement, shelter care, and expedited court scheduling. Allegheny County has developed a broad array of detention alternatives: 19 Sanctioning. Youth referred for minor probation violations remain in the home detention program for seven days and receive daily telephone calls, regular home visits, and weekly school checks by home detention officers. Home detention. Youth are referred to this program by a judge or hearing officer and receive daily telephone calls, regular home visits, and weekly school visits by home detention officers. Electronic monitoring. A judge or hearing officer refers youth to this program and the youth’s locations are electronically monitored 24 hours a day, 7 days a week. Any violations are subject to revocation of monitoring privileges and readmission to secure detention. Detention diversion program. The program serves youth ages 10–14 who remain in their own homes rather than in Shuman Detention Center. The program is a 24/7 monitoring and mentoring program that offers juvenile offenders an alternative to detention. Program staff members conduct school and home visits, monitor school attendance, make daily curfew calls, and arrange academic support. The family action plans are designed to protect the child and the well being of their community, decrease truancy, reduce recidivism and ensure that the family’s rules will be adhered to throughout the duration of the program. Youth Enrichment Services (YES) operates the program for City of Pittsburgh youth. Rankin Christian for a time served Allegheny County youth who were outside the city, but no longer does so because of diminished demand. Academy Sanctions Program. The Academy Sanction unit is available to sanction juveniles for probation violations. The sanction consists of overnight stays (up to 72 hours in a communitybased, non-secure, college-like environment) arranged by the probation officer. The Academy Sanctions Program was implemented in the late 1990s to relieve facility crowding at Shuman. The program generally has about 10 beds available for this purpose at any given time. Alternative living arrangement. Youth are housed in a residence other than their own home, such as with a grandparent or other relative, or in a group home setting. Shelter care. Youth are placed in a non-secure residential facility, Hartman Shelter run by Auberle, as an alternative to sanctioning at Shuman. Hartman also houses youth who were initially admitted to Shuman and later moved to Hartman pending final disposition of their cases. Expedited court scheduling. Youth’s hearings are scheduled sooner, thus reducing the duration of their detention stay. Other types of sanctions in lieu of secure detention. Whenever appropriate, probation officers use other sanctions, such as, additional community service or house arrest (probation officer monitored rather than electronic home monitoring staff monitored) rather than send offenders to Shuman Detention Center. Process for the Detention Screening in Allegheny County Several categories of youth are relevant to the Detention Assessment Instrument and this study: Juvenile offenders screened and not admitted to Shuman Detention Center Juvenile offenders screened and admitted to Shuman Detention Center Juvenile offenders admitted to Shuman without screening: youth decertified from criminal court to juvenile court, youth under court order, and youth on probation and detained as a sanction Juvenile offenders for whom law enforcement never requested admission to detention. 20 Youth in the first two groups are included in the study. Although the third and fourth groups have substantial influence on the issues at hand, they are beyond the scope of the current analyses. The Detention Assessment Instrument screening process is automated and involves first determining if a youth is active or inactive in the Juvenile Court Management System (JCMS) and determining if any of the mandatory overrides exist (see below). Next, intake staff completes and scores the assessment form (which is pre-filled with JCMS information) and evaluates any aggravating and mitigating factors surrounding the current detention referral. If no mandatory overrides apply, the assessment score will indicate a decision. In some cases, aggravating or mitigating factors may trigger a discretionary override by the probation officer to detain or not detain a youth. These discretionary overrides are documented and require supervisory approval. If a youth meets the threshold for detention, but a detention alternative is selected as the actual outcome, the alternative is also recorded in the instrument. The Detention Assessment Instrument The Detention Assessment Instrument used in Berks County was modified somewhat before it was implemented in Allegheny County. (See the Appendix for a copy of the Allegheny County and Berks County instruments.) Allegheny County Juvenile Probation applied the following mandatory overrides: Firearm offense Warrant Detainer Children Youth and Families (CYF) Attachment Violation of Community Intensive Supervision Program/Electronic Home Monitoring (CISP/EHM) Removal from Juvenile Court ordered placement for failure to adjust New offense committed while on a home pass from a Juvenile Court ordered placement This change removed/combined some of the mandatory overrides that were used in the Berks County instrument that included the following mandatory hold reasons: Request for detention for any firearm offense Bench warrant issued for failure to appear at a juvenile court delinquency hearing Bench warrant issued for absconding from home Bench warrant issued for absconding from a juvenile court ordered placement Failure to report to the ACT Weekend Program without appropriate cause Removal from juvenile court ordered placement for failure to adjust New offense committed while on a home pass from a juvenile court ordered placement Juvenile removes self from electronic monitoring Judicial order (must specify type/nature of order) If no mandatory override applies, the youth is scored on seven factors (for the full Detention Assessment Test Instrument, see the Appendix): 21 Factor Most serious alleged offense Additional non-related felonies Current alleged violations Prior findings Current supervision status History of failure to appear within the past 12 months History of absconding within the past 12 months Points assessed 0 to 15 0 to 10 0 to 10 0 to 6 0 to 4 0 to 3 0 to 4 The aggregate score triggers a default recommendation based on the number of points accumulated for all seven risk factors. A score of 15 or more makes the youth eligible for detention admission. However, aggravating or mitigating factors allow for a discretionary override with supervisory approval either in favor of or against detention. As such, the actual decision includes three options: secure detention (15 points or more), release (0–9 points), or detention alternative (10–14 points). Detention alternatives available in Allegheny County and captured in the detention database include: home detention or electronic monitoring, detention diversion program (Youth Enrichment Services (YES)/Rankin Christian), alternative living arrangement, shelter care, expedited court scheduling, or an “other, specified” option. When a youth is admitted to Shuman Detention Center, the intake officer must schedule a detention hearing within 72 hours. At this hearing, the probation officer states their recommendation to the hearing officer who is empowered to make the final determination upon reviewing the merits of the recommendation and the characteristics of the youth involved. [Risk scores are not required to be presented at the hearing.] Outcomes of the detention hearing may include: The youth remains at Shuman. If the youth is detained at Shuman, the intake officer must file a petition within 24 hours. The delinquency hearing must occur within 10 days of the filing of the petition. The youth is released to a detention alternative. In some instances, the hearing officer will impose a mid-level sanction for select youth. As previously discussed, several alternatives to detention are available in Allegheny County. The youth is released to the parent’s control subject to home detention or electronic monitoring. If the youth is released, the intake officer must file a petition within 24 hours. The delinquency hearing usually occurs within 3 weeks of the filing of the delinquency petition. The youth is released to the parent’s control without conditions. If the youth is released, the Shuman intake officer must file a petition. The delinquency hearing usually occurs within 2 months of the filing of the delinquency petition. The current study counted youth detained at intake who were later released or sent to a detention alternative as detained. 22 Study Design Purpose of the Study The purpose of the Allegheny County Detention Assessment Instrument Study is to measure the postimplementation impact of the instrument. The study includes an analysis of multiple populations of youth brought to/screened at detention intake: detained youth, youth placed in a detention alternative program, and youth released. Questions to answer The study sample included youth who were detained, released, or placed on detention alternative status based on the Detention Assessment Instrument between the beginning of March 2008 and the end of February 2010. Descriptive statistics show the profile of referrals made to Shuman and answer the following fundamental questions: How many requests for detention are made to Shuman Detention Center? How well does the Detention Assessment Instrument inform the detention decision? To better understand the instrument’s impact on detention rates and disproportional minority confinement, analyses compare detention rates and offender profiles among different groups of youth and make comparisons to a time period before the instrument was implemented. About the Data Data for the study documented the characteristics of youth for whom a screening was conducted for the 24-month period between March 2008 and February 2010. During this period, nearly 2,100 screenings were conducted for nearly 1,940 youth. It must be noted that the sample encompasses two distinct subgroups; the classification that follows is a result of the detention screening process utilized in Allegheny County. When a youth is recommended for admission to Shuman Detention Center, one of the early steps in the process is to determine whether the youth in question has had prior contact with the juvenile court. In short, this process requires that intake staff search for the youth in the juvenile court’s JCMS information system. If the youth has had prior contact with the court, most of the information required for the detention assessment instrument can be pre-populated electronically based on existing data. More than half (62%, N=1,291) of all assessments used in this study sample included youth with prior juvenile court contact. For this group, Allegheny County provided NCJJ with the complete detention assessment instrument data (See the Appendix for complete form used by Allegheny County). Some youth who are recommended for detention have not had prior contact with the juvenile court, and therefore are not be included in the JCMS information system. For these youth, the detention assessment instrument was completed manually, i.e., completed and scored on paper by a probation officer. Once complete, select details from the assessment instrument were recorded into a database, including, the youth’s name, date of birth, assessment date, gender, race, the form score, the P.O’s recommendation, and type of mandatory override (when applicable). In other words, specific data for each section of the form was not stored electronically. As a result, the data used for this study includes some assessments (N=1,291) with complete scoring details and some assessments with much less detail (N=807). Some of 23 the data presentations that follow only include information from the subset of assessments that involved youth with complete detail, i.e., those with prior juvenile court contact. Characteristics of the Study Sample Data for the study documented the characteristics of youth for whom a screening was conducted for the 24-month period between March 2008 and February 2010. During this period, nearly 2,100 screenings were conducted for nearly 1,940 youth As expected, the sample was predominantly male (80%). Youth under the age of 14 accounted for 8% of the sample, while 6% of the sample included youth age 18 or older. The majority of screenings (74%) involved youth ages 15 through 17. [See table 8 for a demographic profile of the study sample.] Black youth accounted for nearly three-fourths (76%) of the screenings, white youth accounted for another 20% of the screenings, and Hispanic youth accounted for about 1% of all screenings during the study period. [Note: The race/ethnicity variable provided in the detention screening database captured both attributes in a single variable, that is, race/ethnicity details were presented in a single variable with the following categories: African-American, Anglo, Bi-racial, Central American, Hispanic, Mexican, Mulato and Other/Unknown.] Table 8: Demographic profile of sample Total screenings Age at screening Under 14 Age 14 Age 15 Age 16 Age 17 Age 18+ Count 2,098 Percent* 100% 160 243 413 535 598 134 8 12 20 26 29 6 Gender Male Female 1,679 414 80 20 Race/Ethnicity White Black Hispanic Bi-racial Other 422 1,580 11 30 6 20 76 1 1 <1 *Percents exclude missing data within demographic groups 24 Results Detention Outcomes Overall Table 9 shows the volume and percent of the study sample who were recommended for detention, a detention alternative, or release. Of the 2,100 screenings conducted during the 24-month study period, 1,556 were detained, for an overall detention rate of 74% of screenings. This detention rate for Allegheny County is lower than the reported rate in the Berks County study (80%). Well over half (55%, 852 of 1,556) of those recommended for detention involved youth who presented factors that triggered mandatory detention holds at the time of the screening. A detention alternative, such as shelter care, was recommended for about 4% of the sample, while 22% were recommended for release. Table 9: Detention outcomes Total screenings Detained Detention Alternative Not Detained Count 2,098 1,556 75 467 Percent 100% 74 4 22 Once the decision to securely detain a youth has been reached, the court is required to conduct a detention hearing within 72 hours of the admission decision. At this hearing, the probation officer restates their recommendation to the hearing officer who is empowered to make the final determination upon reviewing the merits of the recommendation and the characteristics of the youth involved. [The hearing officer is not privy to the risk scores of those recommended for detention.] The hearing officer can uphold the admission decision, order that the youth be released, or refer the youth to a detention alternative, including (but not limited to) house arrest or electronic home monitoring, In practice, detention admission decisions in Allegheny County are governed by the criteria espoused by the Coleman standards. The implementation of the assessment instrument in February 2008 was not intended to supplant the Coleman standards for deciding whom to detain. Rather, the assessment instrument and concomitant risk scores serve as an additional tool that intake officers use when making admission decisions. Detention Outcomes by Offense Table 10 presents detention outcomes by offense category for those youth how had prior contact with the juvenile court and for whom completed detention assessment information was provided. Detention rates were high (80% or greater) for four of the five offense categories represented on the assessment form. Assessments of youth charged with a misdemeanor offense experienced the lowest detention rate (54%). Detention alternatives were infrequent for this sample: 18 (1%) of all screenings resulted in a recommendation for a detention alternative. Youth charged with “other” misdemeanor or “other” felony offenses accounted for 16 of the 18 assessments resulting in a detention alternative. Recommendations 25 for release were more prevalent than detention alternatives (12% vs. 1%). Youth charged with “other” misdemeanors (42%) were most likely to be recommended for release. Table 10: Referral offense by detention outcomes for juveniles with prior cases Points Offense Category 15 12 7 5 3 Screenings Count Percent Mandatory Holds Total* 1,291 Cat A-Felony against person or firearm felony charge 22 Cat B-Felony drug charge 43 Cat C-Other Felonies 231 Cat D-Misdem. against persons or involve weapon 2 Cat E-Other Misdemeanors 203 No new charge 133 Firearm Offense 82 Warrant 479 Detainer 31 CYF Attachment 8 Remove from Court ordered placement-Fail. to adjust 56 New offense while on home pass from Court placement 1 100% 2 3 18 0 16 10 6 37 2 1 4 0 Detained Count Rate 1,120 21 40 185 2 109 106 82 479 31 8 56 1 87% 95 93 80 100 54 80 100 100 100 100 100 100 Detention alternative Count Rate 18 0 0 7 0 9 2 0 0 0 0 0 0 1% 0 0 3 0 4 2 0 0 0 0 0 0 Not Detained Count Rate 153 1 3 39 0 85 25 0 0 0 0 0 0 12% 5 7 17 0 42 19 0 0 0 0 0 0 * Total includes information from completed assessments from the part of the sample that had prior contact with the juvenile court. Detention Outcomes by Risk Score Table 11 presents summary risk scores for the sample, along with the final recommendation: secure detention, detention alternative, or release. Overrides of scores — up to a more restrictive sanction and down to a less restrictive sanction — are highlighted as well. The Allegheny County Detention Screening Instrument was modeled after the form used in Berks County. As with the Berks County instrument, a score of 15 points is the threshold for detention, i.e., the default result for youth scoring 15 or more points is detention. Youth who score between 10 and 14 points are eligible for a detention alternative while youth accumulating scores between 0 and 9 points are deemed low risk and are eligible for release. Finally, discretionary overrides — “up” to a more restrictive sanction or “down” to a less restrictive one — provide flexibility to the probation officer to make a recommendation counter to the instrument so long as there is evidence of aggravating (to override “up”) or mitigating (to override “down”) factors. Among this sample, the most common aggravating factor that pushed a youth toward a more restrictive outcome was “parental inability/unwillingness to provide appropriate supervision.” Conversely, the absence of a prior record was the most common mitigating factor to shift the result toward a less restrictive outcome. (Overrides are discussed in more detail in the next section). 26 Table 11: Screening scores by detain/release outcomes Detained Score or mandatory hold status Detention Alternative Not Detained Screened Count Percent Count Percent Count Percent 2,098 1,556 74% 75 4% 467 22% 0 to 9 points 503 138 27 18 4 347 69 10 to 14 points 283 190 67 13 5 80 28 15 or more points (not a mandatory hold) Mandatory holds 460 852 376 852 82 100 44 0 10 0 40 0 9 0 Total Legend Override up (more restrictive result) Override down (less restrictive result) About one-fourth (24%, N=503) of those screened received scores between 0 and 9 points. Of these lowrisk youth, more than two-thirds (69%, N=347) were recommended for release. The remaining youth were overridden up to a more restrictive result: 27% (N=138) were overridden up to detention and 4% (N=18) were overridden up to a detention alternative. A handful of detention alternatives in Allegheny County are presented on the screening instrument, e.g., Youth Enrichment Services (YES)/Rankin Christian Center, shelter care, alternative living arrangements, and house arrest. Seven of the nine youth overridden up to detention alternative went to shelter care or the YES/Rankin Christian Center. Another 13% (N=283) received mid-range scores between 10 and 14 points, rendering them eligible for a detention alternative. However, about two-thirds (67%, N=190) of these youth were overridden up to detention. Overall, 786 youth received risk scores less than 15 points, making them eligible for a detention alternative or release. More than four of every ten (44%, N=346) of these youth were overridden up to secure detention. A total of 1,312 screenings (63%) breached the threshold for detention, producing risk scores of 15 or greater or for mandatory override reasons. A few of these youth (N=40) were not recommended for detention. As expected, nearly all of these high-risk youth were recommended for detention: 100% of those exhibiting mandatory detention factors and 82% of those with risk scores of 15 or greater. Overrides An override is a decision that runs counter to the recommendation associated with one’s risk score. For example, the default recommendation for a youth with a risk score between 10 and 14 is detention alternative. If, however, the probation officer completing the form identifies aggravating or mitigating factors, the actual recommendation can deviate in the appropriate direction: “up” if aggravating factors are present, “down” if mitigating factors are present. The screening form in Allegheny County includes 27 several mandatory detention categories, e.g., existence of a warrant, or a referral involving a firearm offense. As noted by Steinhart (2008), however, mandatory detention reasons are not traditional overrides since they do not evoke the discretion afforded to the intake officer to recommend an outcome that runs counter to the detention outcome associated with a youth’s risk score group. Overrides up to more restrictive outcomes As noted in Table 12, a total of 786 screenings produced risk scores less than 15 on the assessment instrument (and were not eligible for a mandatory hold). Based on risk scores alone, these youth were eligible for alternatives to detention or release. Among the sample, 328 (42%) of these youth were recommended for detention. The detention override up rate found in Allegheny County is nearly identical to the rate reported for the Berks County (40%) implementation test, which itself was considered high compared to standards promulgated by the Casey Foundation’s Juvenile Detention Alternative Initiative (JDAI) (Steinhart, 2008). Another 18 youth receiving risk scores less than 10 were nevertheless recommended for a detention alternative rather than release. Ultimately, the total override up rate for this sample was 46% (346 of 786 assessments were recommended for a more restrictive sanction than otherwise indicated by their risk score). As noted previously, evidence of aggravating (or mitigating when overriding “down”) factors are required to support discretionary override decisions. No such information was provided for the subset of the sample that did not have prior court contact, and reporting was incomplete for the larger subset that did have prior contact. From this larger group, 144 of 286 overrides up included aggravating factors reported on the assessment form. The lone reported aggravating factor was the inability or unwillingness of a parent to provide appropriate supervision. Table 12: Overrides to more restrictive outcomes (overrides "up") by risk score group (Youth scoring less than 15 points and no mandatory hold) Detention Alternative Detained Total Overrides Up Screened Count Override (up) rate Total 786 328 42% 31 4% 346* 46% 0 to 9 points 503 138 27 18 4 156 31 10 to 14 points 283 190 67 13 5 190 67 Risk score group Count Override (up) rate Count Override up rate *346 overrides "up" based on 328 overrides up to detention with risk scores less than 15 and 18 overrides up to detention alternative with risk scores less than 10. Overrides down to less restrictive outcomes A total of 743 screenings produced risk scores associated with detention or a detention alternative. Among those with risk scores between 10 and 14 points (N=283), 80 (28%) were overridden down to release. Additionally, of the 460 with risk scores of 15 or greater (excluding those with mandatory hold reasons), 40 (9%) were likewise overridden down to release and another 44 (10%) were overridden down to a detention alternative. As such, the total override down rate for this sample was 23% (173 of 28 743 assessments that were recommended for a less restrictive sanction than otherwise indicated by their risk score). As was the case with aggravating factors accompanying overrides up, information regarding the mitigating factors to support discretionary overrides down were not always reported. No such information was provided for the subset of the sample that did not have prior court contact, and reporting was incomplete for the larger subset that did have prior contact. From this larger group, just 13 of the 43 overrides down included mitigating factors on the assessment form. The lone reported mitigating factor was that the youth did not have a prior record. Table 13: Overrides to less restrictive outcomes (overrides "down") by risk score group (Youth qualifying for secure detention or a detention alternative based on score) Detention Not Detained Alternative Screened Count Override (down) rate Count Total 743 120 16% 10 to 14 points 283 80 28 15 or more points (no mandatory hold) 460 40 9 Risk score group Total Overrides Down Override (down) rate Count Override (down) rate 53 7% 173 23% 13 5 80 28 44 10 84 18 Race/Ethnicity (DMC) Results As noted in Table 8 on page 24, black youth accounted for three-fourths (76%) of the sample, white youth accounted for 20%, and youth of Hispanic ethnicity accounted for about 1% of all assessments; race/ethnicity information was unknown or missing for 3% of the sample. The racial/ethnic composition of the sample is consistent with the profile of detention admissions in Allegheny County. Table 14 details the screening and detention outcomes for black youth and white youth (given that just 10 assessments involved Hispanic/Latino youth, they are excluded) based on the subset of the sample that provided complete assessment instrument information. For each racial group, the detention rate reflects the percent of youth recommended for detention relative to the total number of assessments conducted. 29 Table 14: Screenings and detentions by offense and race/ethnicity for juveniles with prior cases Points Offense Category 15 12 7 5 3 Mandatory Holds Total Cat A-Felony against person or firearm felony charge Cat B-Felony drug charge Cat C-Other Felonies Cat D-Misdem. against persons or involve. weapon Cat E-Other Misdemeanors No new charge Firearm Offense Warrant Detainer CYF Attachment Remove from Court ordered placementFail. to adjust New offense while on home pass from Court placement White Youth Total Screenings Detained Screenings Count Percent Count Rate 1,291 254 20% 22 43 231 0 6 36 0 14 16 2 203 133 82 479 31 8 0 49 36 5 98 8 2 56 1 217 Black Youth Screenings Detained Count Percent Count Rate 85% 993 0 5 28 0 83 78 22 34 184 0 24 27 6 20 26 25 0 26 31 5 98 8 2 0 53 86 100 100 100 100 14 25 14 0 0 0 77% 865 87% 100 79 80 21 32 149 95 94 81 2 151 92 75 364 21 7 100 74 69 91 76 68 75 2 82 71 75 364 21 6 100 54 77 100 100 100 100 100 41 73 41 100 0 1 100 1 100 * Total includes information from completed assessments from the part of the sample that had prior contact with the juvenile court. Summary of Table 14: Screening rates: The racial composition of the sample is the inverse of the Allegheny County residential youth population ages 10 through 17. Non-Hispanic white youth accounted for 76% of all county residents ages 10 through 17 in 2008 and 2009, but represented 20% of those screened. Conversely, black youth accounted for 20% of county residents ages 10 through 17 in 2008 and 2009, but accounted for 76% of the sample. Detention rates: Overall, detention rates were comparable for white and black youth (85% and 87%, respectively). Thus, although blacks outnumber white youth by a factor of nearly 4-to-1 in this sample, the risk of detention was nearly identical between these groups. In Relative Rate Index (RRI) terms, the ratio between black and white youth detention rates measures out to 1.02 — a ratio surprisingly consistent with that found in the Berks County implementation test. Although not shown, it is worth point out that, among the subset of the sample that did not have prior court contact (and for whom less detail was provided), the likelihood of detention for white and black youth was much lower, 49% and 57%, respectively, than the subset that did have prior court contact (as shown in Table 14). This likely speaks to the low-risk nature of this group: of those with no prior court contact, 51% of the assessments involving white youth and 43% of the assessment involving black youth received scores less than 10, rendering them eligible for release. These results do not provide evidence of disproportionality regarding detention admission decisions. Rather, the disparity worth noting involves those youth for whom detention admissions are requested, i.e., those who are referred to the Allegheny County Detention Center. In practice, these 30 referrals often emanate from other juvenile justice system agents, such as members of the law enforcement community, who initiate most detention admission requests. Probation officers are charged with deciding on such requests objectively and consistently. Risk scores from the detention assessment instrument as well as the Coleman standards are equally used to inform the probation officer’s final decision. 31 Discussion and Recommendations In light of Allegheny County’s strict adherence to the state’s Coleman standards for more than two decades prior to the implementation of the Detention Assessment Instrument, it is understandable that law enforcement no longer request detention for youth who are not eligible under the state standards. In a perfect world, only appropriate requests for detention would be made — the resulting detention rate would be 100% of requests. However, the Coleman standards set criteria for which juvenile offenders can be detained, not which juvenile offenders must be detained. The graphs below show that Allegheny County has made great strides in reducing its use of detention—efforts that began well before the implementation of the Detention Assessment Instrument, the Models for Change initiative, or the Juvenile Detention Alternatives Initiative. As Allegheny County joins the Juvenile Detention Alternatives Initiative as a participating jurisdiction, the county will no doubt rethink the issue of who must be detained. Shuman center occupancy rate 120% 100% 80% Average daily population/capacity 60% 40% 20% 0% 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Percent of cases in which the youth was detained Percent of cases in which the youth was detained 30% 40% 35% 25% United States 30% Allegheny County 20% 25% Black 20% 15% Pennsylvania 15% 10% White 10% 5% 5% 0% 0% 2005 2006 2007 2008 2009 2005 2006 2007 2008 2009 In rethinking which juvenile offenders must be detained, it may be useful to give separate attention to offenders considered for detention because of one or more new offenses and those already under probation supervision who are brought to detention as a sanction for a violation, absconding, failure to adjust in placement, or failure to appear. These two groups of offenders present different issues and their placement in a secure detention facility generally serves somewhat different purposes. Although the use of detention centers for post-adjudication is frowned upon in some circles, Allegheny County probation 32 officials consider short-term placement at Shuman Detention Center an important sanctioning tool that helps reduce placements in long-term secure juvenile correctional facilities. Warrants. The largest volume of juvenile offenders detained were those held because of mandatory overrides resulting from a warrant. We recommend that Allegheny County distinguish the various types of warrants on their screening instrument and readdress the issue of whether every type of warrant is a must detain. Berks County’s screening form distinguished three types of warrants: failure to appear, absconding from a court ordered placement, and absconding from home. If a substantial proportion of warrants are failure to appear warrants, Allegheny County might consider implementing strategies to reduce failures to appear. Other jurisdictions have taken a wide range of steps to ensure that juvenile offenders show up at their court hearings: Reducing case processing time: so the time between arrest and adjudication hearing is reduced. Reminder cards: to remind youth and their parents of hearings that were scheduled more than a week in the future. Transportation assistance: providing fare passes for public transportation or assistance arranging other transportation can minimize transportation obstacles that lead to failure to appear. Escorts: volunteers who will go to court with youth whose parents are unable to accompany their children to court. Drug testing as a condition for release: regular clean drug tests are a condition of release and minimize drug use while awaiting hearings thus reducing failure to appear rates. Consideration might be given to assigning points to absconding from home rather than having it be a reason for mandatory detention. Additional points could be given for more than one such event. Any points given for absconding from home, of course, would be combined with other points accumulated on the screening form, such that some youth would likely surpass the detention threshold based on a combination of absconding and other factors. Failure to adjust. Allegheny County has for several years been working to reduce the frequency with which juvenile offenders, particularly minority youth, fail to adjust in placement. Continuing these efforts is key as is understanding the reasons why youth fail and developing strategies to better match juveniles to programs. This may require modifications to existing programs or development of new programs. Discretionary overrides. The only discretionary override recorded in the study sample was the inability or unwillingness of a parent to provide appropriate supervision. This may be another candidate for further discussion. For youth considered for detention for new charges, allowing a responsible adult other than the youth’s parents (a grandparent, other relative, or neighbor) to take responsibility might allow some youth to be appropriate for a detention alternative. The data do not provide much information to really understand these overrides. Some of these may arise from situations where parents think that a trip to Shuman will “teach their child a lesson.” Other circumstances may involve parents unable to provide adequate supervision because of their work schedules. In some instances the youth’s parents may themselves be incarcerated. Depending on which circumstances are more common, it might be worthwhile to attempt to develop some strategies to reduce the frequency with which parents are unable 33 or unwilling to provide adequate supervision or to develop suitable detention alternatives for those youth who do not warrant an override for posing a significant risk to community safety. Continued Study—Continued Discussion The number of juveniles not admitted to detention is sufficient to support a validation analyses; having data to satisfy skeptics that community safety was not jeopardized by the decision not to detain would be very useful. There were 467 juvenile offenders released to their parents and 75 assigned to a detention alternative. The fewer of them that failed to appear in court or committed another offense while waiting for their hearing, the better. Not knowing only leaves room for speculation and anecdote. It would also be useful to gather the additional data necessary to determine the extent to which the court “overrides down” at the detention hearing. If that happens with any frequency, it will be important to understand why the decision to detain is reversed. Such understanding could be used to “recalibrate” the Detention Assessment Instrument. Continued monitoring of the application of the Detention Assessment Instrument is very important. The implementation thus far has not had the full weight of policy, and as such is susceptible to implementation errors. It is recommended that Allegheny County develop an output report to summarize the screening data over a particular time period, including the overall detention decision outcomes, outcomes by offense groups, race and collateral factors, and use of mandatory and discretionary overrides (both up and down). It would also be useful to record the name of the individual making the request/order to detain as part of the collection of screening data. It is further recommended that screening data be collected on all juvenile offenders considered for admission to Shuman Detention Center even if the court is ordering the detention. This output report should be reviewed by Shuman Detention Center intake and other probation staff, the director of juvenile court services, and other key decision-makers. Having data on all the youth will also inform future discussion of which juveniles must be detained within the Coleman standards regarding which juveniles can be detained. 34 References Chung, H.L., Little, M., and Steinberg, L. (2005). “The transition to adulthood for adolescents in the juvenile justice system: A developmental perspective.” in On Our Own Without a Net: The Transition to Adulthood for Vulnerable Populations, Osgood, D.W., Foster, E.M., Flanagan, C., and Ruth, G.R. (Eds.), University of Chicago Press. Pennsylvania Juvenile Court Judges' Commission. 2011. Pennsylvania Juvenile Delinquency Data Analysis Tool. Developed for the Pennsylvania Juvenile Court Judges' Commission by the National Center for Juvenile Justice, Pittsburgh, PA. Pennsylvania Juvenile Court Judges' Commission. 2011. Disproportionate Minority Contact: Relative Rate Index Data [machine-readable data files]. Pennsylvania Juvenile Court Judges' Commission. Annual Reports for the years 1995 through 2009. Harrisburg, PA: Pennsylvania Juvenile Court Judges’ Commission. Pennsylvania Juvenile Court Judges’ Commission. 2008. Pennsylvania Juvenile Delinquency Benchbook. Harrisburg, PA: Pennsylvania Juvenile Court Judges’ Commission. Shuman Juvenile Detention Center website http://www.alleghenycounty.us/SHUMAN/index.aspx Steinhart, D. 2008. Berks County, Pennsylvania Juvenile Detention Risk Assessment Instrument Test May 1 Through December 31, 2007: Test Results And Recommendations. Reading, PA: Berks County Juvenile Probation Office. Steinhart, D. 2006. Juvenile Detention Risk Assessment: A Practice Guide to Juvenile Detention Reform. Baltimore, MD: Annie E. Casey Foundation. The Academy Schools website http://www.theacademyschools.com/ Thomas, D., Zawacki, S., Torbet, P., and Bozynski, M. 2003. Final Report: Pennsylvania Juvenile Detention Assessment Project. Pittsburgh, PA: National Center for Juvenile Justice. Youth Enrichment Services website http://youthenrichmentservices.org/diversion-2000/ 35 Appendix: Detention Assessment Instruments Allegheny County Juvenile Probation — Detention Assessment Test Instrument Berks County Juvenile Probation — Detention Assessment Test Instrument 36 Allegheny County Juvenile Probation – Detention Assessment Test Instrument Juvenile’s Name: Gender: Race: M White DOB: F Ethnicity: Black/Af. American Asian Screening Date: Caselog #: Hispanic/Latino Non Hispanic/Latino Am. Indian/Alaskan Native Hawaiian/Pac. Islander Other ( ) PO Completing Form: If the override is appropriate, you must fill in the type/reason. Mandatory Overrides (must be detained): Firearm offense Warrant Detainer CYF Attachment Violation of CISP/ EHM Removal from Juvenile Court ordered placement for failure to adjust New offense committed while on a home pass from a Juvenile Court ordered placement Factor (CHOOSE ONLY ONE ITEM PER FACTOR) 1. 2. 3. 4. 5. 6. 7. SCORE Most Serious Alleged Offense (see instruction sheet for examples) Category A: Felonies against persons or felony firearm charge ................................................... 15 Category B: Felony drug charge…Intent to Deliver (significant amount) ................................... 12 Category C: Other felonies............................................................................................................. 7 Category D: Misdemeanors against persons or involving weapon ................................................. 5 Category E: Other misdemeanors .................................................................................................. 3 No new charge ................................................................................................................................. 0 Specify charge: Additional non-related charges (this referral) or pending charges (see instructions) Two or more additional felonies ..................................................................................................... 10 One additional felony ....................................................................................................................... 7 One or more additional misdemeanors ............................................................................................. 5 No additional current or other pending charges ................................................................................ 0 Specify charge(s) and whether now or pending: Current Alleged Violations Multiple violations of electronic monitoring .................................................................................. 10 Violations of Official Probation ....................................................................................................... 5 Violations of Consent Decree ........................................................................................................... 5 No current violations ........................................................................................................................ 0 Prior Findings Two or more prior findings for felonies ........................................................................................... 6 One prior finding for a felony ........................................................................................................... 4 Two or more prior findings for misdemeanors ................................................................................. 3 Two or more prior findings for probation violations ........................................................................ 2 One prior finding for a misdemeanor ............................................................................................... 1 No prior findings .............................................................................................................................. 0 Current Supervision Status Aftercare (2 months following JPO placement release) ................................................................... 4 Official probation/Consent Decree based on (mark one) felony or misdemeanor ........................... 3 Official probation on other offenses; deferred disposition/supervision (specify whether: Probation/Consent Decree Deferred Disposition) .................................. 2 Extended Service .............................................................................................................................. 1 None of above ................................................................................................................................... 0 History or Failure to Appear (within past 12 months) Two or more warrants for failure to appear in past 12 months ......................................................... 3 One warrant for failure to appear in past 12 months......................................................................... 1 No warrants for failure to appear in past 12 months ......................................................................... 0 History of Escape/Runaway (within the past 12 months) One or more instance of run from secure confinement or custody ................................................... 4 One or more instances of run from non-secure, court-ordered placement ........................................ 3 One or more runaways from home or voluntary placement ............................................................. 1 No escapes/runaways in past 12 months ........................................................................................... 0 Total Score 37 Allegheny County Test DAI, page 2 Caselog #: Date: Discretionary Override (with Supervisory Approval only): Override to detain for aggravating factors (override to more restrictive placement than indicated by guidelines) Override to release for mitigating factors (override to less restrictive placement than indicated by guidelines) Approved by: When applying aggravating or mitigating factors, please check the primary factor below that impacted your decision. Common Aggravating / Mitigating Factors Aggravating Mitigating Parent unable/unwilling to provide appropriate supervision Juvenile poses a significant risk to community safety Juvenile has significant substance abuse problem or tested positive for multiple drugs Juvenile has a history of violence in the home or against family members Juvenile poses a significant threat to abscond based on out of county residence Juvenile poses a significant threat of failure to appear Other (specify): Parent willing/able to provide appropriate supervision Juvenile has no prior record Juvenile marginally involved in the offense Offense less serious than indicated by the charge New charge referred is not recent Juvenile is 14 years or younger Juvenile regularly attends school/work Other (specify): When a score of 15 or more is documented and a detention alternative is selected as the actual outcome, specify the alternative: Detention Alternative Selected YES/Rankin Christian Center Detention Diversion Expedited court scheduling Alternative living arrangement Shelter Care ACTUAL DECISION: RELEASE Home Arrest Other (specify): DETENTION ALTERNATIVE SECURE DETENTION Screener Comments (if any): 38 40