1 REMOTE TOWN HALL ON THE ROLE OF PUBLIC DEFENSE IN REENTRY April 28, 2016 Moderated by: Tracy Velázquez Associate Director Justice Programs Office, School of Public Affairs American University Jamie Argento Rodriguez Chief, Community Defender Division The Public Defender Service for the District of Columbia BJA Right to Counsel National Campaign www.rtcnationalcampaign.org Dr. Aleksandra Chauhan Assistant Public Defender Richland County Public Defender’s Office Columbia, South Carolina www.bjatraining.org Dean M. Beer Chief Public Defender Montgomery County, Pennsylvania 2 The Public Defender Service for the District of Columbia Jamie Argento Rodriguez Chief, Community Defender Division The Public Defender Service for the District of Columbia www.bjatraining.org 3 Community Defender Division www.bjatraining.org For more information, go to: http://www.pdsdc.org/about-us/legal-services/community-defender-division 4 Prisoner and Reentry Legal Services Prisoner and Reentry Legal Services provides LEGAL representation and services for DC offenders who are incarcerated and those who have an arrest, charge, or conviction for a DC Code Offense and are in the community. Areas of legal representation and services include, but are not limited to: • Reentry Legal Services including housing, employment, public benefits, and some family law • Record Sealing/Expungement www.bjatraining.org 5 Criminal Record Sealing and Expungement For help with sealing or expunging your criminal record, please call to speak with the Duty Day lawyer, or visit: Public Defender Service for the District of Columbia (PDS) 2nd Floor Reception Area 633 Indiana Avenue, N.W. Washington, D.C. 20004 Tel: (202) 628-1200 Hours of Operation: Monday through Friday from 9:00 a.m. to 5:30 p.m. (excluding federal and District holidays) To watch the video, go to: http://www.pdsdc.org/need-legaladvice/record-sealing-and-expungement www.bjatraining.org PDS’s Community Defender Division 680 Rhode Island Avenue, N.E. Suite H-5 Washington, D.C. 20002 Tel: (202) 824-2801 Walk-in Hours: Friday from 9:00 a.m. to 5:00 p.m. (excluding federal and District holidays), or call to make an appointment. 6 Juvenile Services Program Origin of JSP: In 1982, just prior the initiation of the Jerry M. class action, JSP was created to provide on-site representation/advocacy for individual members of the class, upon request of the individual resident. Institutional role: provide representation at institutional administrative disciplinary hearings, including administrative appeals, upon request of the resident (see admin order); discuss legal matters with residents and provide confidential phone/email access to resident’s court-appointed legal counsel (or probation officer/case manager); provide assistance/informal advocacy with institutional concerns (medical, educational, behavioral health, segregation, programmatic, etc); protect individual resident’s rights while in detention or community based facility (shelter/group home); provide legal rights education; provide advice and assistance with respect to staff abuse and referral to Project Hands; provide orientation to residents on the Intake unit (both facilities). access in the past for its attorneys and law clerks to attend court hearings and review court records, at the request of the client (whether currently in detention or not). Legal advice: at DYRS’s request, JSP reviews requests for confidentiality waivers and provides information and advice to the residents on this issue (for athletics, construction work, news or other media-related tapings at the centers). Liaison work: JSP sits on a variety of formal and informal committees with other child-serving agencies and the court to provide a unique voice for the residents that may be different from the Jerry M. or juvenile trial voice. Contact information: Legal representation: currently JSP attorneys represent the majority of the residents in administrative community status review hearings (including administrative appeal) after confirming that the attorney of record (whether PDS or CJA) is unavailable or prefers that JSP represent the client at the administrative hearing AND after JSP confirms that the client wants our representation. JSP also represents youth at TDM or other agency-based/multi-disciplinary meetings. JSP also assists counsel of record, at the request of the counsel and client, in drafting motions, such as motions to reduce level of detention, or www.bjatraining.org motions for release for a specific event (funeral, outward bound trip, etc). Related to this, JSP has requested and received court approved • Nancy Glass, JSP Manager: (202) 824-2551 or (202) 4800411; nglass@pdsdc.org • Brittany Mobley, JSP Staff Attorney: (202) 824-2797; bmobley@pdsdc.org • JSP Office at the Youth Services Center: (202) 576-8368 • JSP Office at New Beginnings Youth Development Center: (202) 299- 3132/3223 7 Richland County Public Defender’s Office South Carolina Dr. Aleksandra Chauhan Assistant Public Defender Richland County Public Defender’s Office Columbia, South Carolina D. Michael Mathison Reentry Civil Attorney Richland County Public Defender’s Office Columbia, South Carolina www.bjatraining.org 8 Richland County Public Defender’s Office Adult Assistant Public Defenders Juvenile Assistant Public Defenders Juvenile Holistic Reentry Program Aleksandra Chauhan, Ph.D., J.D. Project Director Tracey Tucker, J.D., MSW, LMSW Social Worker Youth Advocates- (2-4) MSW Students D. Michael Mathison, J.D. Civil Attorney www.bjatraining.org 9 Holistic Juvenile Reentry Program The Juvenile Re-entry program aims to help adolescents and their family reach their goals and overcome barriers when entering the community after detention. EDUCATION STRUCTURED ACTIVITIES JOB READINESS CIVIC ENGAGEMENT PHYSICAL AND MENTAL HEALTH VISION: To end the cycle of court involvement for youth while paving pathways to success. MISSION: To engage and support youth and families in Richland County by facilitating opportunities through creating community connections and service networks in order to help them reach their goals. SUPPORTIVE ADULTS www.bjatraining.org 10 NJDC’S Juvenile PostDisposition Re-entry Fellowship Program Objective: to provide reentry civil legal services to juvenile courtinvolved youth Clients: (1) under 25 YOA; (2) have had involvement in juvenile delinquency court; and (3) are facing legal barriers to employment, education, housing, or public benefits www.bjatraining.org 11 NJDC’S Juvenile Post-Disposition Re-entry Fellowship Program Areas of Advocacy Educational Advocacy Benefits Special education/IEP Re-admission into the client’s local school Credit transfer from out-of-home placement to local school School discipline matters Housing Matters Eviction Homeless Transitional housing Foster care Disability benefits Medicaid Health insurance Food stamps Employment Driver’s license/ID Other identification paperwork Professional licensure Debit/credit issues Record Clearing Sealing expungement www.bjatraining.org 12 Montgomery County, Pennsylvania Dean M. Beer Chief Public Defender Montgomery County, Pennsylvania www.bjatraining.org 13 IMPLEMENTATION OF HOLISTIC PROGRAMS AND COMMUNITY OUTREACH A Step by Step Guide to Our Process 1. Exploration – Identify Needs of Your Clients/Community 2. Installation – Educate Yourself and Engage Stakeholders 3. Implementation – Get the Results You Want 4. Sustainability – Continue the Results to Change Policy www.bjatraining.org 14 EXPLORATION - Identify Needs Identify Client Needs - Search Local Programs - Assess Capacity - Fidelity and Adaptation Back on Track Client Needs use a holistic approach to assess what’s driving behavior, identify client needs, challenges, assets, understand their community Search Local Programs find one that fits community/client needs and your organization’s available resources Assess Capacity financial resources, organizational support, community buy-in Fidelity stay true to the model and carefully make adaptations - Lack of probationary (community-based) services for low level offenders - High recidivism -80-90% of juvenile crimes in MontCo are low level offenses - Low income jurisdictions - School districts with high arrest rates - Young age at first LE contact - Lack of parental involvement - Lack of pro-social activities Expungement Clinic - High recidivism rates for clients denied basic opportunities - Low level offenses related to barriers to employment, housing and job training or higher education - Several mentoring programs available - Connected with Philadelphia Lawyers for Social Equity (PLSE) for - Explored ideas with many mentoring organizations guidance on running a pro bono clinic - Pursued a partnership with Big Brothers, Big Sisters of - In turn, our program advanced the mission of their organization – Southeastern PA, because they met most of the assessed needs of educating the public about the chilling effects of criminal records our target client group - BBBS obtained grant funding to partner with us - We presented juvenile attorneys with mentoring as an additional, critical community-based service for their clients - Garnered community support through a common mission to do more to rehabilitate youth who enter the juvenile justice system - Presented the program to the District Attorney who offered public and financial support - Presented the program to our County Commissioners who offered public support - Needed staffing resources so we linked the Clinic to the Pro Bono Program at Villanova Law School - Developed a training curriculum for volunteers to provide expungement services - Engaged other stakeholders about the need, the social and economic value, and our Clinic - Implemented guidelines as to who would benefit from the service (e.g., the Court Clerk waives all fees based on our own financial assessments) - Increased visibility of BBBS in Montgomery County - Raise awareness of the effectiveness of their model - Give our clients opportunities for successful intervention - Give visibility to the issues centered around expungement law and www.bjatraining.org justice policy reform - Give our clients opportunities to successfully integrate back into their communities as productive citizens 15 INSTALLATION – Educate and Launch Establish Implementation Team - Develop Performance Measures - Identify and Engage “Champions” Establish Team strong understanding of program to be implemented Performance Measures set up data collection to track measures Champions influential people who will galvanize support for your program Back on Track Expungement Clinic - We identified key staff members with a variety of talents for implementation and training of juvenile attorneys - Juvenile Advocacy Unit attorneys and staff became core implementation team - Ongoing training and discussions about program - Balanced volunteer/law student schedules with possible client obligations or daytime commitments to set up a weekly evening clinic in the office - Policy Director trains volunteers and manages the Clinic - Created a social history screening tool to assess clients to be referred to the program - Through data analysis, the screening tool also helped to develop a profile of clients who benefit most from the program - Collect information that could be analyzed later - Intake interviews assess demographic profiles and hardships encountered due to record - Data is gathered on all cases, types of hearings, and expungements granted, denied or ineligible clients - Established close connections with CEO of BBBS - Villanova Law School – opportunities for students to gain SEPA and tapped into their extensive valuable practical experience, handling client communications resources for messaging and interviewing, criminal law and expungement law recruitment - Criminal Court clerks, probation officers and re-entry - Developed a communications strategy with BBBS service providers received information and now refer SEPA, County Commissioners, District Attorney, clients consistently www.bjatraining.org Juvenile Probation, Juvenile Court Judge and media outlets 16 IMPLEMENTATION- Practical Approach Manage the Change Process – Coaching - Maintain and Improve Service Maintain Integrated, Fully Functioning Core Program Components - Monitor and Evaluate Fidelity Back on Track Manage Change mitigate fear and resistance, maintain momentum of the initiative, set realistic goals, expectations and timeline Coaching feedback and support to staff, manage expectations Expungement Clinic - Created consistent messaging to staff attorneys explaining the benefits of - Unexpected push back by private bar/attorneys who specialize in expungements – an additional community-based resource for advocacy and client success we establish strict criteria (must have been represented by PD and continue to - Shared victories, reflections from Bigs, Littles and parents on the impact of meet indigent guidelines) the program, and positive life/case transformations with attorneys, media, - To meet demand, we expanded opportunities for assistance by creating supporters and through community outreach events community clinics - Consistent re-evaluation of the program and processes for successful - To manage expectations of clients who are ineligible for expungement, we now matches provide informational resources and contacts such as Goodwill (job training and - Public Defender immersed into BBBS model by ongoing, open resume building for ex-offenders); referrals to pardon clinics, and referrals to conversations and attending national conference PLSE and other organizations providing civil assistance for criminal record-based - PD immersed BBBS into our world of Juvenile Defense as well as our client discrimination needs and struggles through detention center and court tours, meetings and trainings - Consistent discussions with BBBS and attorneys on what is working/or not (referrals, parent contact and communication) Maintain and Improve Service, - Held a “Call to Action Forum” to identify and recruit social activist to volunteer, developed a support system for one another Linkages, Support - Introducing holistic practice to attorneys by demonstrating how we can prevent recidivism through assistance after the case is resolved stay connected with contacts and support - Held a press conference featuring county commissioners, District Attorney, Chief Public Defender, BBBS and a Big - BBBS CEO promotes BOT at regional and national events - Community Expungement Clinics provide outreach and connections in local communities - Service providers and justice stakeholders began referring clients - Established a strong, ongoing support network with PLSE, Philadelphia “Pardon Me” Clinic, and SEPA Legal Aid Maintain Core Components - Consistent reviews and meetings with BBBS - Adaptations to referral criteria, timing of referrals, facilitation of intake interviews - Flexibility with students schedules accommodates increases in paperwork/volume, allows students to work on data collection, while the clinic hours are static - Periodic review of eligible juveniles who did or did not choose to participate (recidivism rates higher among non-participants; improved academic achievement for participants) - We are beginning to measure outcomes via telephone surveys watch for necessary adaptations Fidelity ensure that the program is being delivered as designed - We have received positive feedback on the goodwill and trust we have developed www.bjatraining.org within the community because we are seeing our clients through to the end of their cases and strive to get them back on their feet 17 SUSTAINABILITY- Keep the Work Going Plan for Future Funding - Ensure Fidelity to Core Program Components - Develop and Implement Quality Improvement – Evaluate Data Systems - Community Partnerships - Share Positive Results Back on Track Future Funding volunteer base, internships, grants, budget proposals Fidelity institutionalize the program to survive organizational changes and program adaptations Quality Improvem’t regular review process and performance measures Evaluate Data Systems capture accurate and relevant information, analyze unexpected results Community Partners develop new partnerships and maintain existing ones Share Results maintain buy-in/support: staff, partners, community Expungement Clinic - Use performance measures to secure future funding - BBBS and mentoring grants are a possibility - To avoid funding/increased personnel needs while addressing consistent growth of the program, law student training sessions and pro bono attorney outreach has increased - Structurally, we have developed a strong system of assessment and referral - Justice stakeholders have begun to rely on the Clinic as an efficient and convenient through the Juvenile Advocacy Unit, liaison, advocacy and communication way to assure that expungements for indigent clients are handled uniformly and through the Policy Director, and organizational commitment and personnel expeditiously through the Public Defender Office restructuring at BBBS - Clients have renewed faith in the system now that Public Defenders are providing - The Juvenile Probation Office and the Juvenile Court have become assistance beyond the courtroom, to give them back their lives proponents who refer candidates to our office for program assessment - In order to accommodate growing demand for expungements, law students are - District Attorney, Juvenile Probation and Public Defender are now applying supervised two (2) evenings per week and client interview times have expanded for joint county funding - Regular consistent meetings with juvenile attorneys and BBBS staff - Ongoing updates and feedback to our champions - We have developed a resource information bank for clients who are ineligible for expungement and cannot find employment, housing, etc., so that they leave feeling empowered and hopeful rather than discouraged - Anecdotal and statistical information show positive outcomes which will support continued implementation of this program (life success and placement cost savings) - Existing data tracking has uncovered additional patterns for future policy reform efforts, e.g., a striking number of juvenile candidates have experienced more than one form of trauma but receive little or no specific treatment - Through recruitment efforts, we have identified police officers, church leaders, and social activists who promote this program in the community - Many connections established through this program have become core proponents of each new policy initiative - Stanford Model – measuring the economic and social benefits of expungements – interns will conduct telephone surveys of expungement clients to measure improvements in quality of life and productivity at various stages after expungement; results may be presented in a future budget proposal and for policy reform efforts - Multiple newspaper articles, sharing success stories with additional stakeholders - Twice we have been invited to present program goals and outcomes to the countywide Children’s Roundtable - In addition to Villanova Law and PLSE, we have partnered with local colleges and a YWCA, to offer expungement clinics - We offer attorney training through the state bar - We speak at community events to educate the public and support legislative reform - Newspaper articles and client consent to share vignettes brings public attention and support - Cost-benefit analysis may be shared with Commissioners for budget purposes www.bjatraining.org 19 Justice Programs Office School of Public Affairs, American University 4400 Massachusetts Avenue NW Washington, DC 20016 Email: Preeti Menon pmenon@American.edu Genevieve Citrin citrin@American.edu CONTACT US Aleksandra Chauhan, Ph.D, J.D. Assistant Public Defender Richland County 1701 Main Street Columbia, SC 29201 Email: ChauhanA@rcgov.us Right to Counsel National Campaign @right2counsel #right2counsel Jamie Argento Rodriguez Chief, Community Defender Division Public Defender Service for the District of Columbia 680 Rhode Island Avenue NE Suite H Washington, DC 20002 Email: jrodriguez@pdsdc.org Website: www.rtcnationalcampaign.org www.bjatraining.org This project was supported by Grant Number 2013‐DB‐BX‐K003 awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed during this webinar are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice. Dean Beer Montgomery County Courthouse 2nd floor P.O. Box 311 Norristown, PA 19404-0311 Email: Dbeer@montcopa.org