09/05/2013 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 1
09/05/2013 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) 2
09/05/2013 MULTI-INTEGRATED SYSTEM THEORY INPUTS Education INPUTS INPUTS Law Social OUTPUTS Enforcement Services Mental Health 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 SCHOOL REFERRALS TO JEFFERSON COUNTY FAMILY COURT, 2007-08 SCHOOL YEAR 10 additional 46 school systems 64 Jefferson County Birmingham 83% 528 2007-08 3
09/05/2013 Birmingham students referred to family court in 2007/08 – by offense weapons, 9, 2% Misdemeanors & Violations, non-violent Other, 22, 4% 491, 96% felonies, 7, 1% violent felonies, 6, 1% Birmingham students referred to family court in 2007/08 – by offense Affray Disorderly Conduct Criminal Trespass 3 Affray, 169, 33% Harassment Poss. Marijuana, Poss. Marijuana 39, 8% Assault 3 Weapons Harassment, 48, 9% Misc. Misdemeanors Disorderly Conduct, 147, Criminal 29% Non-violent felonies Trespass 3, 60, 12% 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 African American White Family Court 4 509 99% 1% 99% of students arrested � in the Birmingham schools are African American 4
09/05/2013 Racial Disparities in Detention G. Ross Bell Detention Center White 12% African Jefferson County American 88% Other 3% White African 56% American 41% Admitted that we had been doing something wrong… Juvenile Justice is as much about Philosophy as it is about Programs OLD PHILOSOPHY NEW PHILOSOPHY � Court as a “savior” � Court as a resource “identifier” � Probation � Court as a referral � Supervision source � Counseling � Court as a � Incarceration Collaborator 5
09/05/2013 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). Normal Adolescence � Trying to fit in � Dating � Short attention span � Identity � Some adult responsibilities � Independence/Dependence � Moody � Withdrawn � New emotions 17 “Our” Kids � Broken families � Dysfunctional families � Drug/alcohol abuse in families � Criminal behavior “normal” in their families � Learning disabilities � Mental health issues � Abuse victims 09/05/2013 18 6
09/05/2013 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 WOLVES LAMBS SHEEP THE SCHOOL 7
09/05/2013 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 8
09/05/2013 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, or 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 SCHOOL REFERRALS TO JEFFERSON COUNTY FAMILY COURT, 2011-2012 SCHOOL YEAR 11 additional school systems 73 Jefferson County 114 Birmingham 53% 214 2010-2011 9
09/05/2013 Discussion alone produced a big drop in referrals, but a written document is critical for sustained results. 278 COURT REFERRALS FROM BHAM SCHOOLS, BY SEMESTER 250 216 137 114 107 106 107 80 77 Fall Spring Fall Spring Fall Spring Fall Spring Fall Spring 2007 2008 2008 2009 2009 2010 2010 2011 2011 2012 Birmingham students referred to family court in 2010/11 – by offense Non-violent felonies, 16, 8% Misdemeanors & Violations, Other, 36, 19% 158, 82% Weapons, 14, 7% violent felonies, 6, 3% The average detention population is down 64% 118 110 83 47 42 33 2005 2006 2007 2008 2009 2010 10
09/05/2013 Commitments to Juvenile Prison are down by 66% DYS ADMISSIONS FROM JEFFERSON COUNTY, 2003-2010 713 676 559 544 433 262 241 193 2003 2004 2005 2006 2007 2008 2009 2010 OUT-OF-SCHOOL SUSPENSION MIDDLE SCHOOL – CLAYTON CO. GRADUATION RATES – CLAYTON CO. Protocol : Post- Pre-Referral Referral Diversion Diversion 1050 1077 1368 44% 56% 60% 69% 61% Referrals Referrals Referrals Decrease Decrease Decrease Decrease Decrease 11
09/05/2013 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 12
09/05/2013 CHINS POLICY � 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 officer 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 RESULTS OF POLICY CHANGE CHINS REFERRALS 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 C & A… In October 2008, Family Court began diverting low-risk misdemeanants through a highly successful “Counsel and Advise” policy. Counsel and Complaints Advise Of all youth Other Disposition/ Formal Court diverted from Dismissed Processing court through Counsel and Advise, nearly 90% were arrest free after six months. DYS 13
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