What is involved in replicating the JDAI model?

What is meant by “inappropriate and unnecessary” detention?

1)  What is involved in replicating the JDAI model?    

JDAI is comprehensive model and true replication involves full-blown detention system reform.  That means that (1) policy makers will establish an inter-agency collaborative to plan and assess reform strategies, (2) rely on accurate, timely data for policy, program and practice  decisions, (3) develop and utilize objective criteria and screening  instruments to guide admission decisions, (4) implement new or enhanced  non-secure alternatives to detention, (5) introduce case processing changes to reduce length of stay and expedite the resolution of cases, (6) develop strategies to deal with warrant, VOP and "awaiting placement" cases that often end up in detention, (7) assess, improve and continuously monitor conditions of confinement in your secure facility, and (8) develop approaches to reduce racial disparities in the use of secure detention. Details regarding all of these strategies can be found in the Pathways to Juvenile Detention Reform. 

2) What is meant by “inappropriate and unnecessary” detention?

Inappropriate and unnecessary are certainly judgment calls, though they should not be completely subjective.  Places do differ, for example, in terms of how they rate the seriousness of particular offenses, and other places differ on how long cases should take to get processed (which is really what unnecessary is about).  But that is exactly why JDAI calls for a collaborative, data-driven process, so policy makers and practioners can actually weigh these decisions and make judgments about inappropriate and unnecessary.  "Inappropriate detention" is that which occurs for reasons other than detention's two authorized purposes –1) to ensure appearance in court and 2) minimize risk of re-offending prior to adjudication.  "Unnecessary detention" is that which occurs when either lengths of stay are longer than needed or alternative policies and practices would obviate the need for continued holding in a secure facility. 

3) Why is addressing case processing so important to detention reform?

Detention centers are designed for short-term holding of kids while their cases are adjudicated.  They are typically shallow in terms of program services and virtually no one would claim they have any rehabilitative value.  Reducing length of stay means that kids who need treatment or long-term confinement can get into the right kind of facility for those services, as opposed to languishing in a facility that was not designed for them.  Finally, if the question is read to imply that longer stays have greater deterrent impact, the response is simple:  there is absolutely zero empirical evidence that longer stays deter delinquency.  In fact, the evidence available all suggests that confining kids in these institutions makes them more likely to have long and troubled delinquency/criminal careers.  Additional thoughts to ponder: 

A)    Adolescent development:

How many of parents with teenage children tell them—after they’ve misbehaved—that “we’ll deal with this in 120 days”?  Delaying cases unnecessarily is simply inconsistent with what we know about adolescent development and teaching “lessons”.

B)    System efficiency:

Do you want cops to have to come to court repeatedly because policy regarding continuances is so lax?  Do you want assistant prosecutors making multiple appearances only to have cases postponed?  How about victims?

C)    Length of stay:

Reducing case processing times for detained cases reduces lengths of stay and, therefore, is an effective way to reduce average daily population, especially because it does not involve taking any “risks” (insofar as the cases are not at liberty, just confined for shorter periods).  There are lots of bed days that can be saved typically. 

D)    Fast case processing expands your Alternative-To-Detention (ATD) program capacities:

If cases languish in ATD programs unnecessarily, then the program slots are filled and fewer kids can be placed in them.  This means detention use will be greater than needed.  Excessive time in ATD programs also means that program failure rates will be higher, which translates into less confidence in the programs and, therefore, less utilization.

E)    Fast case processing increases kids’ chances of success and reduces risk of future detention:

When out-of-custody cases take forever to reach disposition, kids are more likely to fail to appear in court and/or get re-arrested.  That means they will certainly be detained next time they get picked up.

F)    Case processing reforms can help reduce racial disparities in use of detention:

Case processing times do vary by race/ethnicity, with kids of color typically staying longer in detention than white kids.  Sometimes that’s because of lack of dispositional resources for specific youth; other times it may be because of representation issues.  Regardless of the reasons, if we can identify where cases get delayed and introduce changes to speed the process, it is likely that we can reduce LOS for kids of color and, therefore, reduce disparities in populations.

4) Why would a jurisdiction be interested in pursuing JDAI?

Jurisdictions undertake detention reform for many reasons:  to save money, to avoid building new beds, to reduce DMC, and because "it's the right thing to do".  Regardless of starting point, no JDAI site has ever been successful in safely reducing its detention use without coming to embrace the notions that (a) kids do better when they are at home or in the most home-like setting possible, and (b) jj systems should always use the least restrictive alternative needed to ensure appearance in court and minimal risk of re-offending.

5) Can JDAI reduce the confinement of status offenders?

JDAI reduces confinement of status offenders both by developing objective admissions policies that often preclude their admission and by establishing reasonable alternatives to secure custody.  And, since virtually every place in the country has already succeeded in this task, it is clearly possible to implement alternatives that are more effective and less costly than detention.  The processes of detention reform can be invaluable in helping officials see these realities and implementing these changes.

6) Is it true that JDAI could reduce confinement levels without changing fundamentally the distribution of detainees by race and ethnicity? 

It is correct that JDAI could reduce confinement levels without changing fundamentally the distribution of detainees by race and ethnicity.  That's because JDAI, as a general rule, does not require addressing the decisions that cops make.  So, if the cops continue to bring disproportionate numbers of kids of color to the facility, it is likely that the best the system can do is to not exacerbate those disparities.  (By the way, most jurisdictions do make the disparities worse; the deeper kids go in the system.)  Second, even if the relative proportions remain disparate, JDAI will undoubtedly mean that fewer kids of color are inappropriately or unnecessarily detained.  That is a good outcome.  For example, if a facility had 100 kids in it, 60 of whom were kids of color, and if it reduced its population to 50, with 30 kids of color, the disparity in overall distribution is the same, but 30 fewer kids of color are detained at any given time.  That's good relative to the DMC issue.  It isn't complete success, but it's a great starting point.

7) Is the Annie E. Casey Foundation continuing to create replication sites?

AECF is doing JDAI replication in multiple places now, often on a statewide scale. While they are open to working with individual jurisdictions, it is simply more efficient and has a greater impact for more youth if they can increase the scale by working in multiple states rather than in a single site.  If you would like more information on becoming a site, please contact the Annie E. Casey Foundation, 701 Saint Paul Street, Baltimore, MD, 21202, (410) 547-6600 [please ask to speak to someone about JDAI ]. 

8) What can sites expect from the Annie E. Casey Foundation if they become a replication site? 

First, the Annie E. Casey Foundation provides modest cash grants, primarily for detention reform coordination, travel to model sites, and attendance at inter-site meetings and conferences.   Second, they provide intensive and sustained technical assistance on all of the strategies noted above.  Third, sites become part of a network of places doing cutting edge work and get to rely on and learn from each other.

9) How does this complicated relationship develop? 

Some sites take the initiative and visit one of the four JDAI model sites, which will provide sites with some sense of what is meant by detention reform. The next step would be someone from the Foundation to visit the prospective site to talk in detail about the various visions and aspirations. This visit would provide opportunities for each to take the other's temperature.  If anything has been learned from doing JDAI for over a decade, it is that success is unlikely if the sites and the Foundation don't see things similarly. Justice system policy is complicated and politically charged.  There is little point in banging heads over such matters.  If similar interests and ambitions are sensed, the site and the Foundation might join together in the effort.

10) How can I find out if my county is a part of the JDAI network? 

Visit www.aecf.org/initiatives/jdai and click on JDAI Sites.  The list of current JDAI sites is provided there.

11) How can I find out if there are juvenile detention alternatives where I live?

Most county juvenile justice departments have websites.  You can search for your county’s site and read to see if there are pre-adjudication detention alternatives listed.  Another way to check is to ask your assigned public defender or retained defense counsel - they should know the system and what’s available for your child.  

12) How can community-based organizations be involved in detention alternatives?

Typically, community-based organizations serve as detention alterative providers when a county has issued a Request for Proposals.  Community-based organizations can also serve as catalysts in jurisdictions to push for detention reform and offering to provide a network of alternatives to detention.

13) How can I make sure my son or daughter is considered for detention alternatives?

A) Parents and family members are advised to work closely with their defense counsel.  Families should engage as soon as possible after the arrest with the defender (public or private) and consider the following questions, which are based upon principles for effective defense/legal representation in the juvenile justice system related to advocacy for detention alternatives. 

• Has the defender met with your child?  Did they explain what's happening?
• Did the defender ensure the child is being well treated?  That they are not hurt in any way?
• Has the defender reviewed the material related to the allegations against your child?
• Has the defender challenged probable cause in this case?
• Before the hearing happens, who are they going to interview?  The school?  His doctors? His friends and neighbors?
• Has the defender determined which alternatives to detention are available?
• Have they discussed those alternatives with your child?  Which, if any, was he/she agreeable to?
• If a detention alternative is ordered, have they explained the conditions of this release to you and your child in a way that you and he understand?
• If an alternative is not ordered, has the defender appealed that decision?

B) You may find the National Juvenile Defenders Center to be a helpful resource. Their web address is www.njdc.info, phone number is 202-452-0010 and inquiries can be emailed to inquiries@njdc.info.

14) Where can I find performance measures recommended for monitoring state juvenile justice systems? 

a. The Council for Juvenile Corrections Administrators has the "Performance Based Standards for Youth Correction and Detention Facilities" which  is a self-improvement and accountability system used in 28 states to better the quality of life for youths in custody  You can visit the performance based standards website at http://pbstandards.org and download their handbook on Performance based Standards at http://pbstandards.org/DocLib/PbStandards_0610.pdf 

b. The National Center for Juvenile Justice has a list of publications for Best Practices in Juvenile Justice which you can view at http://ncjj.servehttp.com/NCJJWebsite/publications/topical/topicalbest.htm

c.  To help ensure accountability of the juvenile justice system to citizens, the Balanced and Restorative Justice (BARJ) Project at Florida Atlantic University, the American Prosecutors Research Institute (APRI), and the National Center for Juvenile Justice (NCJJ) have developed a set of performance measures to inform citizens and practitioners about the systems’ ability to protect communities, hold offenders accountable and reduce the risk of re-offending through increased competencies in offenders. See http://www.ndaa-apri.org/apri/programs/juvenile/performance_measures_2006.html

d. There are a number of useful resources on juvenile justice and the justice system at http://www.ncjrs.gov.  NCLRS also recommends going to the Bureau of Justice Assistance's Center for
Program Evaluation to find Information on program evaluations and performance measures. You can visit the website at http://www.ojp.usdoj.gov/BJA/evaluation/index.html and there is a specific Guide to Program Evaluation at http://www.ojp.usdoj.gov/BJA/evaluation/guide/index.htm

e. The National Council for Juvenile and Family Court Judges has a section on Model Courts at http://www.ncjfcj.org/content/view/81/145. 

f.  The American Probation and Parole Association also has information at www.appa-net.org, but just an advanced warning that some of the information is only available to its members.

g. In a more narrowing field, the National Center for Mental Health and Juvenile Justice  (http://www.ncmhjj.com) has the "Blueprint for Change: Improving the System Response to Youth with Mental Health Needs Involved with the Juvenile Justice System" which can be downloaded at
http://www.ncmhjj.com/Blueprint/pdfs/ProgramBrief_06_06.pdf

The JDAI Help Desk is an on-line resource for people and organizations interested in juvenile detention reform efforts.  We do not provide direct services nor arrange for services to be provided. We also do not become involved in individual legal matters.  We recommend you work directly with your assigned probation officer or defense counsel to best resolve your concerns.