Zero Tolerance EQUALS Zero Intelligence Zero Tolerance A - - PDF document

09/05/2013 1

Safely and Effectively Reducing School Arrests and Improving Graduation Rates Through Collaboration: Birmingham, Alabama and Clayton County, Georgia

Judge Brian Huff Birmingham, Alabama

Zero Tolerance EQUALS Zero Intelligence

Zero Tolerance

“A philosophy or policy that mandates the application of pre-determined consequences, most often severe and punitive in nature, that are intended to be applied regardless of the seriousness of behavior, mitigating circumstances, or situational context.”

Skiba et al. 2006

09/05/2013 2 EFFECTS OF ZERO TOLERANCE

Suspension rates have increased School Code violations result in court

referrals

Increase in police on school campus Increase in suspensions and referrals has

significantly increased racial & ethnic disparities

Drop-out rates increase Juvenile crime increases

Problem?

United States has the highest rate of

incarceration of any country on earth.

Too many children being referred to the

juvenile justice system.

Most children are being referred for minor

misdemeanor offenses.

Most children being referred are African

American.

Importance of Diversion

Court can’t be all things to all people Limited resources should be focused on kids who

warrant court involvement

Research has shown that court involvement can do

more harm than good

Resources can be provided outside of court (but the

court should strive to coordinate resources)

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MULTI-INTEGRATED SYSTEM THEORY

OUTPUTS Education Social Services Mental Health Law Enforcement INPUTS INPUTS INPUTS INPUTS

SYSTEM DEFINED

a set of interacting components, acting interdependently and sharing a common boundary separating the set of components from its environment.

Bozeman, B. Public Management and policy Analysis, St. Martin Press, Inc. New York (1979), 309.

Birmingham educated only 25% of the county’s public school students, but accounted for 83% of school referrals in 2007-2008

528

64 46 2007-08 Jefferson County Birmingham 10 additional school systems

SCHOOL REFERRALS TO JEFFERSON COUNTY FAMILY COURT, 2007-08 SCHOOL YEAR

83%

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Birmingham students referred to family court in 2007/08 – by offense

Misdemeanors & Violations, 491, 96% weapons, 9, 2% non-violent felonies, 7, 1% violent felonies, 6, 1% Other, 22, 4%

Birmingham students referred to family court in 2007/08 – by offense

Affray, 169, 33% Disorderly Conduct, 147, 29% Criminal Trespass 3, 60, 12% Harassment, 48, 9%

• Poss. Marijuana,

39, 8%

Affray Disorderly Conduct Criminal Trespass 3 Harassment

• Poss. Marijuana

Assault 3 Weapons

• Misc. Misdemeanors

Non-violent felonies Theft 3 Felonies against persons

Added to the disproportionate minority contact with the juvenile justice system……

• The Birmingham system

educates only 25% of students in the county, but produces more than 66% of school referrals to Family Court

• 99% of students arrested

in the Birmingham schools are African American

African American 509 99% White 4 1%

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Racial Disparities in Detention

African American 88% White 12%

• G. Ross Bell Detention Center

African American 41% White 56% Other 3%

Jefferson County

Admitted that we had been doing something wrong…

Juvenile Justice is as much about Philosophy as it is about Programs

OLD PHILOSOPHY

Court as a “savior” Probation Supervision Counseling Incarceration

NEW PHILOSOPHY

Court as a resource

“identifier”

Court as a referral

source

Court as a

Collaborator

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Research shows a strong link between court referrals and dropout rates

A student arrested in high school is twice as likely to

drop out

A student who appears in court during high school is

four times as likely to drop out

Sweeten, Gary, Who Will Graduate? Disruption of High School Education by Arrest and Court

• Involvement. 24.4, Justice Quarterly, 462-480 (December 2006).

17

Trying to fit in Dating Short attention span Identity Some adult responsibilities Independence/Dependence Moody Withdrawn New emotions

Normal Adolescence “Our” Kids

Broken families Dysfunctional families Drug/alcohol abuse in families Criminal behavior “normal” in their families Learning disabilities Mental health issues Abuse victims

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09/05/2013 7 Solicit media support

Meet with the media at

regular intervals.

Foster good relations. Provide reliable data. Work with the media on

continued messaging.

Form Your Team

Jefferson County Family Court Birmingham City Schools Jefferson County District Attorney Birmingham Police Department NAACP Southern Poverty Law Center Department of Human Resources

ALLEGORY OF THE SCHOOL

BY OFFICER ROBERT GARDNER Clayton County Police

LAMBS SHEEP WOLVES

THE SCHOOL

09/05/2013 8 Build Consensus

If “Columbine” happens in my jurisdiction, I

want the police at the school protecting the children and not at the family court over a school yard fight.

Share and examine the data!

Decide Which are “Focus Offenses”

Affray (fighting) Disorderly conduct Harassment Assault 3 (no weapon) Menacing (no weapon) Criminal Trespass 3 Theft 3

Decide upon a better way of discipline.

First “offense” – warning/written citation Second “offense” – Attend “School Offense

Workshop

Referral to court

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SRO’s after periodic reviews requested a “Level” box to reflect the use of their discretion to issue another warning or referral in lieu of the next step. SRO’s also requested the discretion to make a variety of referral,

• r take other action

Get it in writing!

Birmingham educates only 25% of the county’s public school students, but now accounts for 53% of school referrals

214 114 73 2010-2011 Jefferson County Birmingham 11 additional school systems

SCHOOL REFERRALS TO JEFFERSON COUNTY FAMILY COURT, 2011-2012 SCHOOL YEAR

53%

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278 250 216 107 137 77 80 114 106 107 Fall 2007 Spring 2008 Fall 2008 Spring 2009 Fall 2009 Spring 2010 Fall 2010 Spring 2011 Fall 2011 Spring 2012

COURT REFERRALS FROM BHAM SCHOOLS, BY SEMESTER

Discussion alone produced a big drop in referrals, but a written document is critical for sustained results.

Birmingham students referred to family court in 2010/11 – by offense

Misdemeanors & Violations, 158, 82% Non-violent felonies, 16, 8% Weapons, 14, 7% violent felonies, 6, 3% Other, 36, 19%

The average detention population is down 64%

118 110 83 47 33 42

2005 2006 2007 2008 2009 2010

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Commitments to Juvenile Prison are down by 66%

713 676 559 544 433 262 193 241 2003 2004 2005 2006 2007 2008 2009 2010

DYS ADMISSIONS FROM JEFFERSON COUNTY, 2003-2010

OUT-OF-SCHOOL SUSPENSION MIDDLE SCHOOL – CLAYTON CO.

GRADUATION RATES – CLAYTON CO.

Protocol : Pre-Referral Diversion 1368 Referrals 44% Decrease 56% Decrease 60% Decrease 69% Decrease 61% Decrease 1077 Referrals 1050 Referrals Post- Referral Diversion

09/05/2013 12

Replication Tips: the negotiation process

Knowledge and data = Power Be prepared to counter horror stories with data Choose reps carefully Nodding and smiling is not enough Consider engaging an independent facilitator Media can be a blessing and a curse Set timelines and stick to them

It takes more than a meeting to build a collaborative

Raise awareness – share numbers, legal background, research Share stories – not just about statistics! Listen to your partners and consider their interests and

motivations – be flexible with messaging

Set goals and timelines for the group’s work Frame the issues carefully and repeat constantly

Replication Tips: Implementation

Don’t assume the protocol will enforce itself –

appoint a watchdog

Be deliberate and explicit about how each leader will

get the word out to staff

Training Back it up with policy – what will the court do if a

referral comes in that violates the protocol?

Invite the community/the media to hold the

collaborative accountable for results

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First time CHINS complaints will be referred to the community so that all attempts are being made to access services outside the court If no counseling has been done before filing the complaint, the child and parent must attend five counseling sessions in the community before the complaint will be accepted – and written documentation must be provided In the vast majority of CHINS complaints the intake

• fficer should attempt to divert the case from court

through an Informal Adjustment. With a few exceptions, a revocation of the Informal Adjustment is not appropriate until the parties have fully complied with the counseling component of the Informal Adjustment

CHINS POLICY

RESULTS OF POLICY CHANGE

Down 40% from 2007

CHINS referrals are steadily declining, likely because of the increased requirements that must be met before a petition will be filed

CHINS REFERRALS

C & A…In October 2008, Family Court began diverting low-risk misdemeanants through a highly successful “Counsel and Advise” policy.

Complaints Formal Court Processing Other Disposition/ Dismissed DYS

Counsel and Advise

Of all youth diverted from court through Counsel and Advise, nearly 90% were arrest free after six months.

09/05/2013 14

COUNSEL & ADVISE RE-ARRESTS WITHIN SIX MONTHS

Only 20 out of 169 youth that were counseled and advised Instead of being placed on informal supervision were re-arrested within 6 months

For more information:

Brian Huff Former Presiding Judge of Jefferson County Family Court judgebrianhuff@gmail.com 205.930.9800