Disproportionality & Producing Better Outcomes

June 14, 2013

What is Disproportionate Minority Contact (DMC)?

• DMC is the over or under representation of youth of color in the juvenile justice system.

• DMC is one of the 4 core requirements of the Juvenile Justice and Delinquency Prevention Act.

What are the 4 Core Requirements?

1. Deinstitutionalization of Status Offenders.2. Sight and Sound Separation3. Jail and Lockup Removal4. Disproportionate Minority Contact

“Recent research …indicates that in nearly all instances, the best public safety outcomes coincide with the least restrictive interventions for youth…”

NJJN (2012), The Truth About Consequences

Low Level Offenders

1. Diversion is more effective than formal processing

2. Diversion is more cost effective

Anthony Petrosina, “Formal System Processing of Juveniles: Effects on Delinquency.” Campbell Systematic Reviews, 2010:1 (January 29, 2010)

Serious Offenders

1. Institutionalization increased the level of offending.

2. Longer stays do not decrease recidivism.3. Most felony offenders will stop offending on

their own.4. Community-based supervision is as effective

as incarcerationEdward P. Mulvey, et al., “Trajectories of a Desistance and Continuity in Antisocial Behavior

Following Court Adjudication Among Serious Adolescent Offenders, “Development & Psychopathology, Vol. 22, Issue 2 (2010).

History of DMC

1988 - Congress mandated DMC in state plans.1992 – Congress tied 25% of funding to DMC work.2000 – MJJA gathered county DMC statistics.2001 – DMC Coordinators in large counties in MO.2002 – Congress changed “confinement” to “contact.”2003 – MJJA published a report demonstrating DMC in detention.2004 –OSCA published Racial and Gender Equity Study.2006 – Research project by MU.2009 – Additional county DMC teams working.

Missouri Facts

37 (out of 114 counties and 1 city)

had some disproportionality at the referral decision point in 2011.

What is the Relative Rate Index (RRI)?

RRI compares rate of youth of color to rate of white youth at particular decision point

RRI Calculation Example

# of Black youth referred 60 = .30# of Black in population 200______________________________ (÷)# of White youth referred 40 = .05# of White youth in pop. 800

.30 = 6 RRI

.05Black youth are 6 times more likely to be referred.

Missouri RRI 2011 for Status and Law Violations

Court Contact Point AA Hisp. Asian1. Referrals 2.1 0.5 0.32. Diverted 0.9 0.9 *3. Secure Detention 1.5 1.7 *4. Charges Filed 1.6 1.4 *5. Delinquent 0.9 * *6. Probation 0.9 * *7. Confinement DYS * * *8. Certification 3.0 * *

*Not statistically significant1.0 = Proportionality

Statewide African American Referral RRIOSCA JIS Data

0.00

0.50

1.00

1.50

2.00

2.50

2009 2010 2011

Referrals

Diversions

Detention

Petitions

Delinquent

Probation

RRI Ranges for Individual Counties for Law and Status Violations in 2011

Court Contact Point RangesReferral 1.5 - 10.0Diverted 0.7 - 1.2 (<1 is not good)Detention 0.7 - 4.0Charged 0.7 – 3.0Delinquent 0.9Probation 0.7 (<1 is not good)Confinement 1.5 - 2.6

Commonalities in Disproportionality

1. Most disproportionality occurs at the referral decision point, and is with African Americans.

2. The majority of referrals are from law enforcement (this includes School Resource Officers).

Chart 4: Missouri Disproportionate Minority Contact Project Source of Referrals

Generic County OSCA Extract of JIS Data CY 2011

County Sheriff6%

School Resource Officer

3%

School Personnel2%

Other2%

Municipal Police87%

Municipal Police

County Sheriff

School Resource Officer

School Personnel

Other

Commonalities in Disproportionality

3. The Offenses with the most disproportionality are Assault 3rd Degree and Peace Disturbance.

Chart 3: Missouri Disproportionate Minority Contact Project Top 7 Type of Offenses by Race

Generic County OSCA Extract of JIS CY2011 Data

0%

5%

10%

15%

20%

25%

30%

35%

40%

Ass

ault

(n=1

11)

Pea

ceD

istu

rban

ce(n

=82)

Ste

alin

g (n

=59)

Dan

gero

usD

rugs

(n=

42)

Pro

pert

yD

amag

e(n

=31)

Liqu

or L

aws

(n=2

5)

Sex

Offe

nses

(n=2

1)

Type of Charge

Per

cen

tag

e w

ith

in R

ace

Caucasian

African American

Commonality in Disproportionality

4. More disproportionality occurs with five or more referrals

0%5%

10%15%20%25%30%35%40%45%50%

1stReferral

2ndReferral

3rdReferral

4thReferral

5thReferral

More than5

Referrals

Pe

rce

nta

ge w

ithin

Ra

ce

Number of Previous Referrals

Missouri Disproportionate Minority Contract ProjectPercentage by Referral Number and Race

Generic CountyOSCA Extract of JIS CY 2011

Caucasian

AfricanAmerican

DMC Action Network Model for DMC Reduction

Diverse Governing Body for DMC

Reduction

Effective Strategies

1. School Agreements2. Mentoring Kids for At Risk3. Law Enforcement Training4. Teen Court in Schools

Memphis, TNSchool House Adjustment Program Enterprise

• Alternative to school referral for minor offenses

• Written agreement• Parental consent• Restorative justice, behavior modification, etc.• Reduced DMC

Memphis, TNSchool House Adjustment Program Enterprise

John T. Hall, Memphis City Schools Coordinator, Department of School Security2597 Avery Avenue, Room 145 Memphis, Tennessee 38112Email: hallj@mcsk12.net, 901-416-6259 http://www.mcsk12.net/shape/

Birmingham, AL

• 1st offense: Warning/Written citation. Child and parent are informed about what happens with 2nd offense

• 2nd offense: Child & parent attend School Offense Workshop. Both informed about what happens with the 3rd offense

• 3rd Offense: Referral to Juvenile Court

Birmingham, AL

Presiding Judge Brian Huff, Jefferson County Family Court, 205-325-5538 huffb@jccal.org

Atlanta, GA

• 1st offense: Warning notice• 2nd offense: Referral to School Conflict

Diversion Program• 3rd offense: Referral to Juvenile Office

Atlanta, GA

Steven Teske, Clayton County Juvenile Judge9163 Tara BoulevardJonesboro, GA 30236Main Number: (770) 477-3270

State System Progress

• New statewide protocol for distinguishing the race and ethnicity of court-involved youth

• New school resource officer (SRO) code for the statewide data system

• New certification codes will be released soon to do a better job of tracking these cases

Carolyn Kampeter, MO Juvenile Justice Association573-636-6101 carolyn@mjja.org

Christine Patterson, OSCA573-751-4377 christine.patterson@courts.mo.gov