Juvenile Justice Reform During a Fiscal Crisis

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Abby Anderson
Exec.Dir., Connecticut Juvenile Justice Alliance
Co-Chair, National Juvenile Justice Network Executive Committee
Two Hats:
• NJJN member and national efforts:
– change economic incentives, and
– use economic crisis as an opportunity to push reform
• Connecticut strategies:
– change the dialogue, and
– address economic realities using:
• data
• Strategic partnerships
• Top secret strategy revealed here for the first time
Wait.
Is it all about the Money?
• Our main goal is to do what is right for kids and for
public safety.
• Economic strategy is only ONE tool in the tool box.
• If it is only about saving money now, as advocates we’ve already
lost.
“…our short-term election cycle discourages long-term systems change.
In brief, politicians are rewarded at the voting booth for cutting ribbons today,
rather than cutting recidivism rates tomorrow.”
Jonathan Greenblatt, Huffington Post, May 10, 2011
• Doing the right thing is not always today’s cheapest option.
• It is ALWAYS the most fiscally responsible thing to spend money
EFFECTIVELY today to SAVE MONEY later.
Changes that do save states money:
•
•
•
Fiscal realignment models
“Rightsizing” institutions
Evidence-based practices
“The Real Costs and Benefits of Change”
NJJN paper published in 2010 digs
into fiscal issues related to reform.
– Discusses strategies to achieve reform, even
during difficult fiscal times.
– Includes a profile of successful fiscal
realignment models.
– Shows that downsizing institutions can create
a new revenue stream.
– Discusses proven, cost-effective evidencebased practices.
Available at www.njjn.org
Fiscal Realignment Models
• Provide local jurisdictions with financial incentives to keep
youth out of state facilities.
• Encourage localities to treat young offenders through
community- and evidence-based programs rather than simply
to lock them up in state-funded institutions.
RECLAIM Ohio
• Created in 1993.
• Counties receive funding based on:
1.
2.
Average felony adjudications, to ensure
counties with higher crime rates can ensure
public safety AND
How many youth are sent to the state institutions –
the fewer you send one year the more money you get the next year to
spend on community programs
• Since RECLAIM’s enactment, Ohio has reduced the number of
youth committed to secure state facilities by 42% and the average
daily population of DYS institutions has dropped by more than
1,000 youth.
• DYS estimates that every dollar spent on RECLAIM saves between
$11 and $45 in commitment and processing costs.
Sources: Amanda Petteruti, Nastassia Walsh, and Tracy Velázquez, “The Costs of Confinement: Why Good Juvenile Justice Policies
Make Good Fiscal Sense,” Justice Policy Institute (May 2009), citing “2008 Directory of Adult and Juvenile Correctional Departments,
Institutions, Agencies, and Probation and Parole Authorities,” American Correctional Association (2008): 5.
- “Average DYS Institutional Population by Fiscal Year,” Ohio Department of Youth Services (2006). 2010 data from DYS public
meeting held on January 28, 2010.
Redeploy Illinois
• Began in 2004
• Counties agree to cut by 25% the
number of youth they send to state
juvenile prisons. (Using the prior 3-year
average)
• Then, the state reimburses counties for
the funds spent to maintain the youth
locally.
• During the first three years, Redeploy sites:
– Diverted 382 youth from commitment;
– Lowered the number of commitments by an average of 51%;
– And saved $18.7 million.
Source: “Redeploy Illinois Annual Report: Implementation and Impact,” legislative report (November 2008), available at
<http://www.jjustice.org/pdf/Redeploy%20Legislative%20Report%2011%2008.pdf>.
Growth of Fiscal Realignment Models
• Redeploy Illinois is now a statewide, permanent program.
• Ohio continues to expand RECLAIM.
• New York bill, Re-Direct New York, is pending in the
legislature.
• Michigan is exploring changing their state/county
reimbursement model to encourage the use of evidencebased, best practice models.
Rightsizing
• Remove kids from institutions who don’t REALLY
need to be there.
• Many states have drastically reduced facility
populations
• Results
•
More efficient use of fewer dollars
•
Better outcomes for kids
•
Increased public safety
Alabama
• Rightsizing: The average daily DYS population shrank 43% from
2006 – 2010.1
• Wiser spending: Decreased incarceration rates allowed DYS to
absorb a budget cut and still increase the percentage of its
remaining appropriations dedicated to non-residential
community-based services to the tune of $2.4 million between
07-10.2
• Increasing public safety: As commitments to DYS decreased
between 2006 and 2009, juvenile arrests also declined by 3%.3
1. Allen Peaton, “Shrinking Smart: Increasing Fiscal Responsibility in Grants for Community-Based Services,” JDAI
National Inter-Site Conference (October 6, 2010).
2. Ibid.
3. “Crime in Alabama 2006,” Alabama Criminal Justice Information Center (2006): 10, available at
<http://acjic.state.al.us/cia/2006_cia.pdf> and “Crime in Alabama 2009,” Alabama Criminal Justice Information
Center (2009): 11, available at <http://acjic.state.al.us/cia/2009_cia.pdf>.
Texas
• Rightsizing: Between 2006 and 2010, TYC’s residential
population decreased 62%.1
• Wiser Spending: The closure of two facilities saved TYC $115
million, $45.7 million of which was reinvested in juvenile
probation.2
• Increasing public safety: Juvenile arrests in Texas declined by
8.6 percent from 2006 to 2009.3
1. “TYC Population Trends,” Texas Youth Commission, available at <http://www.tyc.state.tx.us/research/growth_charts.html>.
2. Marc Levin, “Texas Criminal Justice Reform: Lower Crime, Lower Cost,” Texas Public Policy Foundation Center for Effective
Justice (January 2010): 2, available at <http://www.texaspolicy.com/pdf/2010-01-PP04-justicereinvestment-ml.pdf>.
3. “Crime in Texas 2006,” Texas Department of Public Safety (2007): 83, available at
<http://www.txdps.state.tx.us/crimereports/06/cit06ch8.pdf> and “Crime in Texas 2009,” Texas Department of Public Safety
(2010): 66, available at <http://www.txdps.state.tx.us/crimereports/09/citCh8.pdf>.
Fiscal Policy Center
• The National Juvenile Justice Network’s new Fiscal Policy
Center will ensure that state advocates:
– Fully understand their state budget process and implications
– Have tools and skills to influence state budget process
– Can serve as in-state experts regarding how to maximize Federal
reimbursement opportunities
• The center will also help advocates to ensure that their
jurisdiction is ready - in terms of skills and data collection to take advantage of cost-benefit analysis tools available
through Vera’s Cost-Benefit Analysis Unit and Knowledge
Bank.
Evidence and Community-Based
Programs Are Cost-Effective
• Multidimensional Treatment Foster Care provides a $88,953
net benefit to crime victims and taxpayers per participant.
• Functional Family Therapy provides a $49,776 net benefit to
crime victims and taxpayers per participant and reduces a
juvenile’s recidivism rate by 18.1 percent.
• Multi-Systemic Therapy provides a benefit of $13.36 for every
dollar spent as well as an $17,694 net benefit to crime victims
and taxpayers per participant.
Source: Elizabeth K. Drake, Steve Aos, and Marna G. Miller, “Evidence-Based Public Policy Options to Reduce Crime and
Criminal Justice Costs: Implications in Washington State,” Victims and Offenders (4:170-196, 2009): 186, available at
<http://www.wsipp.wa.gov/rptfiles/09-00-1201.pdf>.
National Polls Support Fiscal Messages
Recent polls show that the general public believes
that rehabilitation and treatment can reduce crime
AND is willing to pay extra taxes to provide those
services.
Source: “Polling on Public Attitudes About the Treatment of Young Offenders,” National Juvenile Justice Network, June
2010, available at http://njjn.org/media/resources/ public/resource_633.pdf
How to Deliver the Message
Messages need to have balance
• Don’t focus only on cost savings
• Recent Florida message from The Children’s Campaign:
“From a financial perspective, investments in children bring the
highest rate of return. Conversely, cuts to their programs and services
result in the most burdensome down the road costs due to failure on
many levels. It’s not whether we pay but when!”
Connecticut
Reform when the refrain is always, “It’s too
expensive!”
• Change the dialogue
• Use data to undermine popular myths and prove cost
efficiencies
• Mystery strategy
Connecticut
Change the dialogue
• Strategy: Win the talking point battle so that “it’s too
expensive” is a less palatable argument
• Example: Diana Gonzalez’ testimony in 2006
David Burgos
1988 - 2005
Diagnosed with bi-polar disorder and depression, David hung himself with a sheet
after spending 4 months in adult jail awaiting trial on a probation violation.
Testimony of David’s Mother
“I’m tired of reading the articles in the paper and
realizing that this is all about money – that people
think a change is too expensive. I’m here today to tell
you that it isn’t about the money.
It’s about doing the right thing.”
-Diana Gonzalez, March 13, 2006
Diana’s testimony continued:
• We do spend money now, but wrongfully and foolishly
• We must invest in things we want (business model)
• Invest -> do the work -> see rewards -> save money in long
run by doing it right the first time
• The phrase “It is too expensive” purports that:
– Our priorities are firstly, money; and secondly, children.
– Youth aren’t worth the cost or effort to change
• If it was your child, would it be worth the
investment?
Connecticut
• Diana’s testimony changed the public debate.
• No legislator in the building willing to go on record saying he
or she opposed Raise the Age CT because “it’s too expensive.”
Connecticut
• Reality that fiscal ramifications DO have to be
considered as part of the equation.
• Our strategy for doing that:
– Show them the data
– Tell them what the data says
– Partner with folks who will surprise them
Connecticut
Strategy Implementation:
•Report Dec. 2010 – Safe and Sound
•Presentation at the Legislative Office Building Jan 2011
Connecticut
Report released in December 2010
Connecticut
Work with state agency partners to get:
•Details on system utilization
•Long term changes and trends
•Information on specific programs
•Examples they want to highlight – showing success and
economic efficiency
In CT that meant partnering with:
•Judicial Branch, Court Support Services Division
•Department of Children and Families
Connecticut
Juveniles Committed Delinquent
Source: CT Department of Children and Families
Connecticut
Given that the average confinement in the Connecticut Juvenile
Training School costs taxpayers about $133,920*, dropping from
just under 600/year to just over 200/year represents significant
savings.
*Per diem of $744 multiplied over and average stay of six months.
(FYI, this per diem used to be a lot higher. It was $1,000/day in 2005)
Source: CT Department of Children and Families, CJTS Advisory Board reports, 2005 and 2010
Connecticut
Source: State of CT Judicial Branch
Connecticut
• Detention averages about $377/day in Connecticut.
• Average detention stay is 14-days.
• Every kid kept out of detention should save the state
$5,300.
• With 493 status offenders in detention in FY 06-07, and zero
by FY 08-09, that’s $2.6 million in savings. $1.1 million was
spent to create diversion programs in the states four largest
“feeder” communities.
Connecticut
Each percentage point
drop in recidivism
means about 110 fewer
delinquent acts, 110
fewer police calls, court
cases, and so on.
Source: State of CT Judicial Branch
Connecticut
• Presentation at Legislative Office Building in
Hartford, CT on January 2011
• Sponsored by Appropriations Committee co-chairs
• 100 attendees
• Worked off of Safe and Sound report philosophy
• Specific to Raise the Age Implementation
The Impact of 16-year-olds
• Projected system increase: 40%
• Actual system increase:
22%
• Note that the system is smaller than it was just
a few years ago.
Source: Judicial Branch
Financial Impact is Less Than Anticipated
Unspent money to implement
Raise the Age in FY 2010
$7.1 million
Estimated unspent in FY2011
$4.7 million
Total
$11.8 million
Source: Office of Fiscal Analysis
What does all this mean?
• There was room to absorb 16-year-olds
• There IS much more room to absorb 17-year-olds
than we anticipated, and at a LOWER COST than
anticipated
Connecticut’s
TOP SECRET
Strategy
Revealed
Connecticut
Have Stupidly Good Luck
• Work in the only state to “turn blue” in the 2010 elections
• Get a Governor committed to JJ reform who makes your first
legislative champion his deputy writing the criminal justice
portion of his budget.
• Have your two biggest legislative champions co-chair the
Appropriations Committee
Strategy: Avoid screwing up the above
Contact Information
Abby Anderson
Executive Director
2470 Fairfield Avenue
Bridgeport, CT 06605
203-579-2727 (p)
abby@ctjja.org
www.ctjja.org
Sarah Bryer
Director
1710 Rhode Island
Ave., NW, 10th Floor
Washington, DC 20036
bryer@juvjustice.org
www.njjn.org
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