The NYC StoryReducing the use of out of

home placements in delinquency cases

Project Zero

NYC Department of ProbationPatricia BrennanDeputy CommissionerJuvenile Operations

Esperanza NY, IncCasey EisemanProject Manager

0100020003000400050006000700080009000

1000011000

1995 1996 1997 1998 1999 2000 2001 2002

FeloniesMisdemeanorsPlacements

DOWN 52%

UP 89%

*SOURCES: NYPD and OCFS

DOWN 14%

Felony Juvenile Arrests Declined, Yet the Juvenile Justice System continued to place close to the same number of juveniles.

Placement is expensive & ineffective

NYC pays up to $80 M per year for placement.Within 9 months of release from placement, more than 50% of young people were re-arrested.*Intensive, community-based services cost at least 75% less than placement and tend to have better outcomes.

Despite the drop in felonies, high recidivism, and high cost, the juvenile justice system was continuing its placement practices.

*SOURCE: New York State Division of Criminal Justice Services, 1999

Research on Juvenile Justice

“Removing youthful offenders from their homes is often not a winning strategy for reducing long-term delinquency.”“Intensive community-based supervision programs typically produce recidivism rates as low or lower than out-of-home placement (at a fraction of the cost).”“Intensive family-focused or multi-dimensional intervention programs have produced the lowest recidivism rates of all.”

“Less Hype, More Help: Reducing Juvenile Crime, What Works-And What Doesn't." By Richard A. Mendel. Published in 2000 by the American Youth Policy Forum, Washington, D.C.

Challenges to system reformChallenges to system reform

Balance between meeting needs of juvenile and community safetyDistinguishing between complaints that can receive immediate sanctions/diversions and those that must proceed for prosecutionDue process for juveniles: support speedy trial, speedy disposition (sentencing) Need for objective assessment tools for determining detention and incarceration useDevelop and enhance continuum of alternatives to detention (ATDs) and alternatives to incarceration (ATIs)

Probation & Esperanza: Shared Vision

Probation and Esperanza have established a shared vision and common goal for their collaborative work:

To safely reduce placement of New York City youth who

are adjudicated juvenile delinquents.

How It Works

Structural Reform Direct Service

Team approachClear roles & ability to compromiseOpen and frequent communication

Internal change at ProbationInformation sharing among all agenciesIncrease & refine other dispositional options

Probation and Esperanza are using a two-pronged approach to reduce placement levels:

Esperanza –Technical Assistance to Probation

Esperanza provides ongoing T.A. for Probation:PAT analysis (monthly)

Esperanza indicators (monthly)

Judge analysis (biannually)

EOP analysis (ongoing)

Data analysis and management (ongoing)

Trainings for Probation Officers (ongoing)

Support for Structural Reform (ongoing)

Support for Program Development (ESP, General Supervision)

NYC Juvenile Justice System: NYC Juvenile Justice System: Processing OverviewProcessing Overview

Parent

Detention

ProbationIntake

ProbationIntake

CorporationCounsel

CorporationCounsel

Arraignment(Initial

Appearance)

Arraignment(Initial

Appearance)Fact

FindingFact

Finding

Adjustment

DispositionDisposition

File

Pet

ition

RELEASE* OR

REMAND

Dismissal

ArrestArrest

Decline to Prosecute

Dismissal

ConditionalDischarge

Probation

Incarceration

Stage 1: Arrest to Arraignment

Stage 2:Trials and Hearings

Stage 3:Sentencing

Family Court

*Release option can occur at any stage of the process

Intensive Community

Program

Changes at Probation

DEPARTMENT OF PROBATION

Intake RevisedInvestigations

Re-engineeredSupervision

• I&R• PAT ESP

Alternatives to placement

Court DiversionNon-Judicial

Sanctions

General Supervision

DOP sought to reform its own business practices which were central to the issue.

Project Zero ReformsStage 1: Arrest to Arraignment Reform

•Increased cases adjusted at intake from 14% in 2003 to 29% in 2007.•Introduction of risk assessment tool (RAI ) for detention decision making and ATD referrals.

Parent

Bridges

ProbationIntake

ProbationIntake

CorporationCounsel

CorporationCounsel

Adjustment

File

Pet

ition

ArrestArrest

Decline to Prosecute

Stage 1: Arrest to Arraignment

Family Court

8552

101269201

1080012044

1389 1595 1658 21823271

5091 5039 52396197

5509

11361

1070

5788

0

2000

4000

6000

8000

10000

12000

14000

2002 2003 2004 2005 2006 2007

Juvenile Arrests Adjustments Petitions

NYC JJ System Trends(CY2002 – CY2007)

*SOURCES: NYPD, Law Dept, Probation

Arrests UP 41%

Adjustments UP 206%

Petitions UP 8%

JD Intake and Diversion

0

2000

4000

6000

8000

10000

12000

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007

JD Cases Adjusted

Rate of Diversion

2007 29%2006 20%2005 16%2004 17%2003 14%2002 10%2001 12%2000 12%1999 11%1998 11%

*SOURCE: DOP

•Utilization of ATDs and intensive community monitoring program•Electronic Investigation and Reports (I&Rs) sent to the courts•Decreased recommendations for placement with the use of evidence based risk assessment tool (PAT)

Project Zero ReformsStage 2: Trials and Hearings Reform

Arraignment(Initial

Appearance)

Arraignment(Initial

Appearance)Fact

Finding

Fact Finding

RELEASE OR

REMAND

Dismissal

Stage 2:Trials and Hearings

*Release option can occur at any stage of the process

Inve

stig

atio

n an

d R

epor

ts (I

&R

s)

What is the Probation Assessment Tool (PAT)?

Questionnaire that complements I&R narrative

Based on analysis of 730 NYC case files from April to June 2000

Re-arrest risk assessment Aim to separate safety to the community and needs of youth

Objective departmental guidelines to support POs’ recommendations

Continuum of Sentencing Options

Least Restrictive

Most Restrictive

• ACD

• ConditionalDischarge

• Probation

• Probation with Services

• ESP

• ESP (500)

• Esperanza (216)

•CASES (25)

• CCA (25)

Asset Level:

High

Asset Level:

MediumAsset Level:

Low

(Annual Capacity)

• OCFS Placement

93118%2007

108923%2006

119426%2005

125740%2004

Placement AdmitsPercent referred for placement

Placement recommendations and admits have decreased significantly

*SOURCE: DOP

Project Zero ReformsStage 3: Sentencing Reform

•Enhanced continuum of community sentencing options

- Enhanced Supervision Program (ESP)- Esperanza

DispositionDisposition

Dismissal

ConditionalDischarge

Probation

Incarceration

Stage 3:Sentencing

Intensive Community

Program

Supervision & Placements by Calendar Year since Project Zero

26372376

3138

1529

21072366

93110891194125712161225

0

500

1000

1500

2000

2500

3000

3500

2002 2003 2004 2005 2006 2007

Supervision Placements

Placements DOWN 24%

SOURCES: Probation, OCFS

Esperanza – Direct Services

Intensive community-based program with a family-centered approach.

Works to improve the level of family functioning including increased levels of supervision by caregivers and enhanced communication between family members.

Ensures that the youth is program compliant, attending school, and involved in pro-social activities.

Upon completing the program, Esperanza youth remain with a PO who has been a member of their therapeutic team from the first day of sentencing.

Since program inception, 391 kids have successfully completed Esperanza

Completed 391

Terminated 209

*Data through 3/31/08

Average completion rate is 64%.

Case Closed Other

11

ACC Position on Esperanza Acceptances(Six Month Periods: Jun.2003 – Dec.2007)

84%81% 79% 77%

85%91% 92%

89%

77%

25% 24% 24%

47%

66%

50%

59%

44%

60%

41%

50%

34%

53%

76%76%75%

56%

40%

0%

20%

40%

60%

80%

100%

Jun 03 - Dec 03

Jan 04 - Jun 04

Jul 04 - Dec 04

Jan 05 - Jun 05

Jul 05 - Dec 05

Jan 06 - Jun 06

Jul 06 - Dec 06

Jan 07 - Jun 07

Jul 07 - Dec 07

% Enrolled

Opposed/Testimony

Consent

Changes in Esperanza kids accepted

41%

19%

34%

28%

37%

46%

39%

47%

41%

49%

0%

10%

20%

30%

40%

50%

60%

Legal History VOP atintake

Felonycharges

Violentcharges

AgainstPersoncharges

FY04FY07

Program Outcomes and RecidivismOCFS Recidivism

Study

• Within 9 months of release from placement, more than 50% of young people were re-arrested.

• 81% of males were re-arrested within 36 months of release.

1999 DCJS Study

Esperanza• 64% of enrolled youth have successfully

completed the program.

• In FY07, 16% of probationers in Esperanza were re-arrested.

• 74% of Esperanza youth have remained out of placement within 9 months of release.

Enhanced Supervision Program (ESP)• Preliminary data indicates that 65% of ESP

youth are successfully completing probation.

• In FY07, 14% of probationers in ESP were re-arrested.

General Supervision• In FY07, 9% of probationers on General

Supervision were re-arrested.

Potential Cost Savings

Esperanza: From Program Inception through March 2008

“The Mayor’s Office of Management and Budget has projected $43.0 million in savings over the next four years as a result of declining numbers of youth placed in OCFS-run facilities”*

Estimated Cost Savings$21,283,432.00

Estimated Cost Savings$21,283,432.00

*NYC IBO, “Inside the Budget”, 2006

Building on Project Zero

Further investment in JJ reforms by the Bloomberg Administration

Development of the Juvenile Justice Initiative (JJI) to address the overlap in population between child welfare and juvenile justice systemDevelopment of the Collaborative Family Initiative (CFI) to provide services to youth leaving detention facilities

In January 2008, OCFS Commissioner, Gladys Carrion, announced a plan to close 6 facilities due to underutilization and poor outcomes

Recognition for Project Zero

Recently selected as one of 50 semi-finalists for Harvard's national Innovations in Government Award Also selected as one of 8 finalists for the Annie E. Casey Innovations Award in Children and Family System Reform

Lessons for other jurisdictions

Public/private partnershipAnalyze every step of the processUtilize objective measures and toolsBuy-in from system playersPlan ahead to recoup cost savings