REDUCING RACIAL AND ETHNIC DISPARITIES: USING DATA TO PROMOTE REFORM

Dana Shoenberg, Deputy Director, CCLP

Tiana Davis, DMC Policy Director, CCLP

NJJN Webinar, February 12, 2014

Leads a national movement State-based juvenile justice

coalitions and organizations (43 members in 33 states)

Laws, policies and practices that are fair, equitable and developmentally appropriate for all children, youth and families

Photo: Moriza

Brought to You By …

Mental health/substance abuse Community-based alternatives Juvenile indigent defense Racial/ethnic disparities – live

Feb. 26

www.jjie.org/hub

Juvenile Justice Resource Hub

Our Speakers

Dana ShoenbergDeputy Director of the Center for Children’s Law and Policy

Tiana DavisDMC Policy Director at the Center for Children's Law and Policy

Agenda

Goals and strategies of RED reduction Importance of local, data-driven change The Relative Rate Index: Uses and

Limitations Examples of decision point data and

what they can be used for Opportunities for advocates

Goals and Strategies

© Tu Multimedia

Goals in addressing racial and ethnic disparities

1. Reducing over-representation2. Reducing disparate treatment3. Reducing unnecessary entry and

moving deeper into the juvenile justice system

We want to address all three goals.

The Juvenile Justice Process: Key Decision Points and Pathways Out

Arrest: Law

enforcement Schools Probation

Child welfare

Referral: Intake staff

Detention: Judge

Transfer to adult

court

Petition: Prosecuto

r

Adjudication: Judge

Disposition : Judge

DiversionCommunityserviceYouth court

DiversionInformal processConsent decree

DiversionRelease homeAlternativeto detention

DiversionInformal processDismissal

DiversionPost-adjudATDDismissal

ProbationNon-secure placementNon-residentialtreatment

9

Collaboration and Cross System Collaboration

• Improve collaboration and communication among agencies within the juvenile justice and with other child-serving systems

Data Practices

• Establish a structure and process for regular use of data in system management

Culture and Community

• Improve cultural competence and responsiveness of juvenile justice services and engaging community in those efforts

Policy and Practice

• Structure policies, protocols and tools to facilitate objective and consistent decision-making

Program Access

• Increase capacity and improve access to programs and services that prevent deeper involvement or enhance diversionary pathways out of the juvenile justice system

Strategic Approaches for Reducing Racial and Ethnic Disparities

Local, Data-Driven Change

Effective RED change

Like politics, effective RED change happens at the local level.

Efforts should be led by county/parish-based collaboratives that include all stakeholders -- family members, child-serving agencies and community representatives as well as those who work inside the juvenile justice system.

Diverse perspectives lead to healthy conversations and opportunities for change in more realms

Clergy Community Service

Providers

Commu

nity

Activist

s

Defense

Attorneys

Youth

Judges

Juvenile Probation Officers

Pare

nts

Police

Prosecutors

School

System

s

Diverse Governing

Body for RED Reduction

Data-driven Decision Making Activities chosen and informed by

decision point data New policies and programs assessed for

effectiveness Continuous use of data to inform court

and probation operations

Why lead with data?

Avoids getting lost in anecdote

Supports honest conversations about real differences

Provides structure for digging deeper and understanding the problem (peeling layers of the onion)

Key data: Decision Points

Arrest Referral to

Juvenile Court Diversion Secure

Detention Petition Delinquent

findings

Probation, Probation Violations

Out of Home Placement

Secure Confinement

Aftercare, Revocations

Transfer

Key data for each decision point

Race Ethnicity Gender Geography Offense

For programs and placements: Length of stay Whether

successful completion

If unsuccessful, reasons why

Demographics and Characteristics

Experience of youth by group

Qualitative and Quantitative Data

Sometimes the numbers (quantitative data) aren’t enough.

To learn more, need to ask stakeholders about their experience (qualitative data)

Formulate questions, conduct interviews

Use of Qualitative and Quantitative Data

Ex: Youth of color are overrepresented among school referrals Examine quantitative data on types of

offenses, ages, times of day, particular schools Interview SROs, youth, families, teachers,

principals to understand how things work in practice

When are SROs called What is their understanding about their role How much training do teachers have in classroom

discipline What alternatives to arrest are available What message does the administration send about

appropriate use of SROs Level of interest in new options

Race and Ethnicity Disaggregation Hispanic/Latino is an ethnicity U.S. Office of Management and Budget

(OMB) recommends collecting information about race separate from ethnicity

Two questions: Are you Hispanic/Latino or

Non-Hispanic/Latino What race do you identify with?

Race and Ethnicity Reporting Two-question format allows for reporting both:

White Non-Hispanic, White Hispanic, Black Non-Hispanic, Black Hispanic, Asian Non-Hispanic, Asian Hispanic, Native American Hispanic, Native American Non-Hispanic

Be careful of data reports that separate the reporting, for example: Non-Hispanic/Latino 45%, Hispanic-Latino 55% White 50%, Black 30%, Asian 5%, Native

American 15% Be careful of data reports that only capture race –

erases the Latino population and creates a white overcount, masking disparities

The RRI: Uses and Limitations

© Tu Multimedia

Relative Rate Index (RRI)

Rate = number of youth in that group at decision point

number of youth in that group at prev. dec. pt.

Relative rate = rate

rate

• RRI compares rate of youth of color to rate

of white youth at particular decision point

• Calculates the rate at specific decision point using information from the immediately previous decision point

Relative Rate Index -- Example

Youth population: 1,000White population: 800Black population: 200

Total arrests: 100White arrests: 20Black arrests: 80

Relative Rate Index -- Example

Relative Rate Index calculation:

# of Black youth arrested 80 = .400

# of Black in population 200

____________________________ (÷)

# of White youth arrested 20 = .025

# of White youth in pop. 800

.400 = 16 RRI

.025

Uses and Limitations of RRI

If the relative rate is significant, it shows an obvious point where you could focus attention

Where most of the youth in the jurisdiction are youth of color, RRI won’t mean much

Low RRI may mask potential opportunity to impact many youth

Doesn’t explain reasons for disproportionality – still need to dig deeper

Some RRI data resources don’t capture ethnicity

Uses Limitations

RRI example

Decision Point

African American

Hispanic/Latino

Native American

Asian/Pacific Islander

All Youth of Color

Arrests 3.99 1.78 .35 .54 2.92

Referral 1.22 1.35 .79 1.11 1.32

Diversion .76 .98 .91 1.42 .84

Secure Det.

2.71 1.94 1.86 .38 2.41

Petition 1.18 1.04 1.06 .66 1.12

Delinquent Findings

.89 1.03 .99 1.62 .95

Probation .73 .84 .61 .44 .73

Placement

1.04 1.22 1.14 .67 1.05

Secure Conf.

1.93 2.41 * .96 1.97

Transfer 1.17 1.1 * * 1.03

Using Data at Key Decision Points: Examples

© Tu Multimedia

White Black Latino0

10

20

30

40

50

60

Arrest Rates for Property Offenses 2005 - 2008

2005 2006 2007 2008

2005 2006 2007 2008

2005 2006 2007 2008

A Case Study in Peeling the Onion at Arrest: Sedgwick County, Kansas

Top 3 Arrest Offenses in 2008for African-American Youth

58%

42%

Theft <$1,000 Sample

FemaleMale

23%

77%

All Offenses

FemaleMale

Comparison: 2007 – 2008 Arrests by Gender

.

Arrests for Theft <$1,000 – Analysis by Geography

Not surprisingly, a majority of Theft <$1,000 arrests occurred at the two large malls in Sedgwick County

The Response

Collaborative and Data Driven The county’s stakeholder group developed a work

plan and goals based on data collected Interventions

An anti-Shoplifting Campaign emphasized theft deterrence and controlling peer influence using local girls as ambassadors

Enhanced diversion policies targeted youth charged with theft <$1000 offenses

Realigned and enhanced diversion programs (Girl Empowerment Program) incorporated research-supported shoplifting interventions

Sedgwick County Results: Arrests for Theft <$1,000

2009 20100

200

400

600

800

1000

1200

1006

737

448

307337251

191 157

TotalWhiteAfrican AmericanHispanic/Latino

Data reflect a 31% drop in arrest for White youth, 26% drop for African American youth and an 18% drop for Hispanic youth.

Havenhurst Court Family Domestic Violence Referrals by Race and Offense

Black Hispanic White Grand Total

ASSAULT 1ST DEG 1 0 0 1

ASSAULT 2ND DEG 0 1 0 1

ASSAULT 3RD DEG 4 2 2 8

BREACH OF PEACE 2ND DEG 3 0 3 6CRIMINAL MISCHIEF 2ND

DEG 0 1 0 1CRIMINAL MISCHIEF 3RD

DEG 3 0 0 3

DISORDERLY CONDUCT 5 6 2 13INTERFERE WITH OFFCR/RESISTING 1 0 0 1

RECKLESS BURNING 0 0 1 1STRANGULATION SECOND

DEGREE 2 0 0 2

THREATENING 2ND DEG 2 2 0 4

Grand Total 21 12 8 41

Family Domestic Violence Referrals to Havenhurst Court by Resident City and Race*

BLOOMINGTON E. HAVENHURST MAYBURY ROCKINGHAM W. HAVENHURST WINSTON0

1

2

3

4

5

6

7

4

5

2

5 55

6

1

2

5

1

BlackHispanicWhite

*Total number of Havenhurst referrals =41.

Domestic Violence Referrals to Juvenile Court

Rate of Judicial Handling for Top 3 DV Offenses* by Race

Rate per 10 Referrals Relative Rate Index

White 4.3 1

Black 8.3 1.93

Hispanic 3.8 .88

*Top 3 DV Offenses include Disorderly Conduct, Assault 3rd and Breach of Peace 2nd.

Black youth are almost twice as likely to receive Judicial

Handling .

Possible Next Steps: Havenhurst Domestic Violence Referrals

Learn about intake practices How are handling decisions made? Judicial vs.

Non-Judicial What diversion opportunities are available for

youth referred to court for domestic violence offenses?

Collect additional data to inform understanding of the domestic violence referral population What are the characteristics of cases excluded

from non-judicial handling eligibility? Are there differences by race, ethnicity, gender,

geography, or offense?

Possible Next Steps: Havenhurst Domestic Violence Referrals

Learn about experiences of youth and families referred to court for domestic violence offenses. What led to the referral? What could have helped to avoid the referral

Interventions could include: An objective tool to assess risk of re-offense

and identify service needs. A clear and concise diversion policy for

domestic violence related offenses. Domestic violence diversion programming that

is culturally appropriate and responsive to the needs of key populations.

Buttercup County Detention Data

New A

rres

t

War

rant

Pend

ing

Plac

emen

t

Prob

atio

n Vi

olat

ion

0

10

20

Average Daily Population

White Hispanic White Non-HispanicBlack Hispanic Black Non-Hispanic

Observations for Buttercup County 35% of detentions are probation

violations, mostly youth of color Compared with new arrests, Hispanic

youth are overrepresented among warrants

Possible Next Steps: Buttercup VOP

Learn about probation practice – graduated responses? Alternatives to detention?

Learn about youth and family experiences on probation – cultural and linguistic competence? Adequate programming and attention?

Collect data on kinds of probation violations Interventions could include: institution of

graduated responses, increase skills of probation staff, increase staffing levels, reform case planning, establish new ATDs, find new linguistically competent partners

Possible Next Steps: Warrants Collect data on reasons for warrants and

offenses of youth who have warrants If warrants for Failure to Appear,

interview families, judges, probation about reasons for Failures to Appear

Interventions could include tiered warrants, call reminder/notification, rapid processing of warrants

Osage County Placements

Race/ethnicity Length of Stay

Caucasian 85

Hispanic/Latino 98

Native American 125

African-American 90

Asian 102

Osage County – Learning More Second level data analysis:

Individual programs’ length of stay Numbers of youth represented in length of

stay data – are these anomalies or significant numbers?

Qualitative data: Discipline structure in programs – does it

affect length of stay? What input do courts have into length of

stay and how frequently do they review cases

Determinate sentences or “when she completes her program?”

Opportunities for Advocates

© Zach Herring

How to Connect with Existing RED/DMC Reduction Efforts OJJDP State Contacts

State and Local DMC Coordinators and DMC Subcommittee Chairs

http://www.ojjdp.gov/dmc/resourcelist.asp 3-Year Juvenile Juvenile Justice Plans

State Advisory Groups (SAGs) Many available online Outline the key activities to address

DMC/RED in your state.

How to Connect with Existing RED/DMC Efforts Juvenile Detention Alternatives Initiative

(JDAI) More than 200 jurisdictions in 39 states

nationwide JDAI sites focus on RED as Core Strategy for

Detention Reform http://www.jdaihelpdesk.org/SitePages/jdai-

sites.aspx Models for Change Initiative

Center for Children’s Law and Policy http://www.modelsforchange.net/about/Stat

es-for-change.html

What if there isn’t an RED reduction effort yet in your area? Start a collaborative – to engage

stakeholders, think about what their interests and points of view might be

Access to data can be hard – both because it isn’t available and because of lack of trust. Consider: Information-sharing agreements and

protocols Engaging a university that can help develop

and analyze the data if the court doesn’t have expertise or time in-house

Offering to do the analysis if they’ll just provide the numbers

State-level support for local work

Funding structures that require race and ethnicity analysis in order to get state grants

Improvements to state-level juvenile justice databases, opportunity for data analysis support

© Tu Multimedia

State-level support for local work, cont.

Grants for specific RED reduction projects (ex: new alternatives to detention) with data analysis required as part of application

Racial impact analysis requirements for new legislation

© Tu Multimedia

State-level support for local work, cont. Cultural competence standards for

service providers Training and support for localities to

begin data-driven efforts

© Jason Salazar

Gather a team

Georgetown Center for Juvenile Justice Reform

Reducing Racial and Ethnic Disparities Certificate Program

July 28-August 1, 2014Applications available at:http://cjjr.georgetown.edu/certprogs/racialdisparities/racialdisparities.html

Contact Information

Dana ShoenbergDeputy Director

202-637-0377 x107dshoenberg@cclp.org

Tiana DavisDMC Policy Director202-637-0377 x103

tdavis@cclp.org

53

www.cclp.org

www.njjn.org