Understanding Understanding Disproportionate Minority ContactDisproportionate Minority Contact

in Onondaga County in Onondaga County

A project to reduce racial disparities in A project to reduce racial disparities in Onondaga County’s Juvenile Justice SystemOnondaga County’s Juvenile Justice System

Juanita Gamble and Emily NaPier Juanita Gamble and Emily NaPier Onondaga County Co-CoordinatorsOnondaga County Co-Coordinators

Presented by the Presented by the Center for Community Alternatives (CCA)Center for Community Alternatives (CCA)

What is DisproportionateWhat is DisproportionateMinority Contact (DMC)?Minority Contact (DMC)?

DMC occurs when the proportion of DMC occurs when the proportion of youth of color who pass through the youth of color who pass through the juvenile justice system exceed the juvenile justice system exceed the proportion of youth of color in the proportion of youth of color in the general population.general population.

DMC becomes worse as youth of color DMC becomes worse as youth of color pass through the system starting with pass through the system starting with arrest and ending with placement or arrest and ending with placement or incarceration. incarceration.

DMC NationwideDMC Nationwide

Across the country, low-level offending youth of Across the country, low-level offending youth of color and poor youth who come in contact with color and poor youth who come in contact with juvenile justice system are often put in detention juvenile justice system are often put in detention even though they do not pose a public safety risk. even though they do not pose a public safety risk. This This racial disparityracial disparity occurs because the decisions occurs because the decisions at various points in the juvenile justice system at various points in the juvenile justice system are often based on perception of family and are often based on perception of family and community or a lack of alternative programs.community or a lack of alternative programs.

Definition of Racial DisparityDefinition of Racial Disparity

Racial disparity in the Racial disparity in the justice system exists justice system exists when the proportion of when the proportion of a racial/ethnic group a racial/ethnic group within the control of within the control of the system differs from the system differs from the proportion of such the proportion of such groups in the general groups in the general populationpopulation..

Impact of DMCImpact of DMC

When low-level offending When low-level offending youth of color and poor youth of color and poor youth are jailed, the result is youth are jailed, the result is a negative impact on their a negative impact on their life outcomes, the local life outcomes, the local economy, and the economy, and the community’s public safety community’s public safety because jailed youth are because jailed youth are more likely to re-offend.more likely to re-offend.

How Does DMC Happen?How Does DMC Happen?

DMC can occur at any point in the DMC can occur at any point in the processing of a case in the juvenile processing of a case in the juvenile justice system from police contact to justice system from police contact to placementplacement

Decision-making based on race can Decision-making based on race can compound throughout the system compound throughout the system resulting in resulting in cumulative disadvantagecumulative disadvantage for youth of colorfor youth of color

Probation intake and development of diversion plan

Probation intake and petition to Family Court

Bring directly to court

Call Hillbrook to administer the RAI

Law Enforcement Options for Juveniles at Initial ContactLaw Enforcement Options for Juveniles at Initial

Contact

Warn and Release

Appearance Ticket for Probation Intake

Detain Pending Court Appearance

Youth Population vs. Juvenile Arrests

31

54

0

10

20

30

40

50

60

Onondaga County Youth Who Livein Syracuse

Onondaga County Juvenile ArrestsMade by Syracuse Police

Department

Per

cen

tag

e

Only 31% of the young people in Onondaga County live in Only 31% of the young people in Onondaga County live in Syracuse, but the Syracuse Police Department accounts for Syracuse, but the Syracuse Police Department accounts for 54% of the juvenile arrests made in Onondaga County.54% of the juvenile arrests made in Onondaga County.

What is Detention?What is Detention?

Detention is Detention is temporarytemporary while the while the young person’s case is pending.young person’s case is pending.

Detention may be secure or non-Detention may be secure or non-secure.secure.

The decision to detain a young person The decision to detain a young person may be made by a Family Court judge may be made by a Family Court judge or by Hillbrook staff and police using a or by Hillbrook staff and police using a risk assessment instrument (RAI).risk assessment instrument (RAI).

JD or JO?JD or JO?Juvenile DelinquentsJuvenile Delinquents

Minor OffensesMinor Offenses Juvenile OffendersJuvenile Offenders

Serious OffensesSerious Offenses

DefinitionDefinition At least 7 yrs old & less than At least 7 yrs old & less than 16 yrs old16 yrs old

A youth 13 to 15 yrs oldA youth 13 to 15 yrs old

Where case Where case decideddecided

Family CourtFamily Court County or Supreme CourtCounty or Supreme Court

Police ContactPolice Contact Taken into custodyTaken into custody ArrestedArrested

First court First court appearanceappearance

Initial appearanceInitial appearance Arraignment in Criminal Arraignment in Criminal CourtCourt

ProsecutionProsecution Deputy County AttorneyDeputy County Attorney Assistant District AttorneyAssistant District Attorney

Custody OptionsCustody Options Remand to secure or non Remand to secure or non secure detention or releasedsecure detention or released

Bail, ROR, remand to Bail, ROR, remand to secure detentionsecure detention

Legal Legal RepresentationRepresentation

Appointed Attorney for the Appointed Attorney for the ChildChild

Defense CounselDefense Counsel

How case decidedHow case decided Fact Finding HearingFact Finding Hearing Plea/TrialPlea/Trial

Judicial OptionsJudicial Options Dispositional HearingDispositional Hearing

-probation-probation

-placement with OCFS-placement with OCFS

-Adjournment in Contemplation -Adjournment in Contemplation of Dismissal (ACD)of Dismissal (ACD)

-conditional discharge -conditional discharge

-restitution-restitution

Sentencing, if convictedSentencing, if convicted

-probation-probation

-confinement in an OCFS -confinement in an OCFS secure facilitysecure facility

Race of 2010 JD Hillbrook Admissions

73%

18%

6%

1%

2%

Black

White

Latino

Native American

Other/Unknown

There were 103 admissions to Hillbrook in 2010. Of those, 73% There were 103 admissions to Hillbrook in 2010. Of those, 73% were African American, 18% were White, and 6% were Latino.were African American, 18% were White, and 6% were Latino.

Race of JDs at Hillbrook

0

2

4

6

8

10

12

14

16

18

Jan-

10

Feb

-10

Mar

-10

Apr

-10

May

-10

Jun-

10

Jul-1

0

Aug

-10

Sep

-10

Oct

-10

Nov

-10

Dec

-10

Jan-

11

Month

Nu

mb

er o

f Y

ou

ng

Peo

ple

Other/Unknown

White

Latino

Black

On any given day in 2010, black youth made up the On any given day in 2010, black youth made up the majority of JDs at Hillbrook.majority of JDs at Hillbrook.

2010 JD Admissions to Hillbrook

01020304050

Felon

y

Misd

emea

nor

VOP - New

Offe

nse

VOP - Te

chnic

al

OCFS W

arra

nt

Unkno

wn

Type of Offense

Nu

mb

er

of

Yo

uth

Other/Unknown

Latino

White

Black

Young people were most likely to be detained on felony charges, Young people were most likely to be detained on felony charges, followed by misdemeanor charges and technical violations of followed by misdemeanor charges and technical violations of probation. Black youth were overrepresented in all categories probation. Black youth were overrepresented in all categories except new offenses while on probation and OCFS warrants.except new offenses while on probation and OCFS warrants.

2010 African American JD Admissions to Hillbrook

55%

34%

11%

Felony

Misdemeanor

VOP - Technical

There were 75 African There were 75 African American admissions American admissions to Hillbrook compared to Hillbrook compared to only 19 White to only 19 White admissions.admissions.

African American African American youth were more youth were more likely to be detained likely to be detained on felony charges, on felony charges, while White youth while White youth were more likely to be were more likely to be detained on detained on misdemeanor misdemeanor charges.charges.

African American African American youth were more youth were more likely to be detained likely to be detained on a technical on a technical probation violation probation violation than White youth.than White youth.

2010 White JD Admissions to Hillbrook

42%

50%

8%

Felony

Misdemeanor

VOP - Technical

Family Court Process

Initial Appearance

Release HomeDetention

Probable Cause

Hearing

Convert to PINS petition

Adjournment in Contemplation of Dismissal

Fact Finding

Disposition

Conditional Discharge

Probation Supervision

Placement with local service provider

Placement with State Office of Children and Family Services

Cumulative DisadvantageCumulative Disadvantage

Law Enforcement Deployment

Appearance Ticket/ Warn & Release

Court Appearance/ Police Dropoff

Release/ Detention

Diversion

Petition to Family Court

Attorney for the Child

Probable Cause

Hearing

Fact Finding Hearing

Disposition

Probation Violations

Reintegration Services

Cumulative

Disadvantage

New York State DisparityNew York State Disparity

Black Youth as a Percentage of...

60

59

39

18

0 10 20 30 40 50 60 70

OCFS Secure Placements

NYS Youth Admitted to Secure Detention

NYS Juvenile Arrests

New York State Youth

Perc

entag

e

Population

Black youth are:Black youth are:

• Arrested 3.13 Arrested 3.13 times more oftentimes more often

• Detained 4.97 Detained 4.97 times more oftentimes more often

• Placed in secure Placed in secure facilities 4.75 facilities 4.75 times more oftentimes more often

than White youththan White youth

Onondaga County DisparityOnondaga County Disparity

Black Youth as a Percentage of...

72

61

62

40

16

0 10 20 30 40 50 60 70 80

OCFS Secure Placements

Cases Petitioned to Family Court

Hillbrook Admissions

Juvenile Arrests

Onondaga County Youth

Popu

latio

n

Percentage

Black youth are:Black youth are:

• Arrested 5.27 Arrested 5.27 times more oftentimes more often

• Securely detained Securely detained 1.42 times more 1.42 times more oftenoften

• Petitioned to Petitioned to Family Court 1.14 Family Court 1.14 times more oftentimes more often

than White youththan White youth

Project to Reduce DMC in Project to Reduce DMC in Onondaga CountyOnondaga County

The NYS Division of Criminal Justice The NYS Division of Criminal Justice Services (DCJS) has provided funding to the Services (DCJS) has provided funding to the Center for Community Alternatives (CCA) to Center for Community Alternatives (CCA) to work on reducing DMC in Onondaga County.work on reducing DMC in Onondaga County.

The work is part of Onondaga County’s The work is part of Onondaga County’s Juvenile Detention Reform Committee that Juvenile Detention Reform Committee that is made up of government agencies and is made up of government agencies and Family Court judges, who are often referred Family Court judges, who are often referred to as System Stakeholders. to as System Stakeholders.

Who are “System Stakeholders?”Who are “System Stakeholders?”

““System” stakeholders represent various junctures in System” stakeholders represent various junctures in the Juvenile Justice System such as:the Juvenile Justice System such as:

Public AgenciesPublic Agencies

Government agencies such as Probation Government agencies such as Probation Department, Syracuse Police Department, etc.Department, Syracuse Police Department, etc.

Family CourtFamily Court

Family court judges, attorney for the child, Family court judges, attorney for the child, prosecutorsprosecutors

DMC SubcommitteeDMC Subcommittee

A new DMC subcommittee is being A new DMC subcommittee is being created that will include youth, created that will include youth, parents, and other community parents, and other community stakeholders. stakeholders.

The DMC subcommittee will report The DMC subcommittee will report regularly to the Detention Reform regularly to the Detention Reform Committee and assist with strategies Committee and assist with strategies to reduce DMC.to reduce DMC.

DMC SubcommitteeDMC SubcommitteeThe DMC subcommittee will The DMC subcommittee will meet on a monthly basis to meet on a monthly basis to identify DMC at various identify DMC at various junctures in the Juvenile junctures in the Juvenile Justice System and discuss Justice System and discuss remedies for successful remedies for successful reduction of DMC. reduction of DMC.

The subcommittee will The subcommittee will review data from various review data from various points in the system so points in the system so that its recommendations that its recommendations for reform are for reform are data-data-drivendriven..

Who are “Community Stakeholders?”Who are “Community Stakeholders?”

““Community” stakeholders have connections to the Juvenile Community” stakeholders have connections to the Juvenile Justice System and to the neighborhoods that are affected by Justice System and to the neighborhoods that are affected by detention such as:detention such as:

Community LeadersCommunity Leaders

Capable of leveraging power to push the reform process Capable of leveraging power to push the reform process i.e. local clergy, mentors, community organizers, etc. i.e. local clergy, mentors, community organizers, etc.

Service ProvidersService Providers

Have established relationships with youth & families and Have established relationships with youth & families and the ability to provide programmatic options (alternatives the ability to provide programmatic options (alternatives to detention services) i.e. Boys & Girls Club, On Point for to detention services) i.e. Boys & Girls Club, On Point for College, Salvation Army, etc.College, Salvation Army, etc.

Community StakeholdersCommunity Stakeholders

Youth and ParentsYouth and ParentsOften have directly Often have directly experienced the juvenile experienced the juvenile justice system and can justice system and can provide insight into harmful provide insight into harmful experiences within the experiences within the system and what system and what changes/improvements are changes/improvements are neededneeded

““Change will not come if we wait for Change will not come if we wait for

some other person or some other time. some other person or some other time.

We are the ones we've been waiting for. We are the ones we've been waiting for.

We are the change that we seek.” We are the change that we seek.”

President Barack Obama