May 1, 2018 JDAI Committee Meeting

Audience

Illinois Juvenile Justice Commission JDAI Committee Members and Staff. The public is welcome to attend.

Date/Time

May 1, 2018

9:30a.m. to 11:00a.m.

Location

• 401 S. Clinton 
  4th Floor 
  2nd Floor DASA Video Conference Room
  Chicago, IL
• 823 E. Monroe,
  Springfield 
  Springfield, IL
• Call In: 888-494-4032
  Code:  5329547331#

Agenda

1. Call to Order
2. Roll Call
3. Approval of Minutes
4. Chair's Comments
5. Statewide Strategy
6. Detention Standards
7. Compliance Monitoring
8. Next Meeting
   September 4, 2018
9. New Business
10. Adjourn

Minutes

1. Call to Order
   Meeting called to order at 9:31am. 
2. Roll Call
   Jackie Bullard, Rick Velasquez, , Lisa Jacobs, George Hill.  Staff and Guests: Peg Robertson, Wendy Nussbaum, Tamela Meehan, Sergii Kryvoguz, Dick Walsh and Olivia Wilks.
3. Approval of Minutes
   Commissioner Hill motioned to approve the minutes from March 13, 2018 and May 2, 2017. Seconded by Commission Bullard. Minutes approved.
4. Chair's Comments
   A major update will be compliance monitoring and how we can address the increase in jail removal violations. Relevant to this committee is the NOFO process, asked Wendy for an update on status and next steps. Wendy indicated we received many applications, they will be circulated for review. The meetings on scoring will begin next week. The recommendations from the reviews will go to the Planning and Grants Committee for final recommendations to the Commission. Those recommendations will be shared with the Bureau Chief and the Director for final funding decisions.
5. Statewide Strategy
   Executive Director Nussbaum has been working on 3-year plan. JDAI Chairman Velasquez indicated that that nothing is being interrupted and moving forward with service providers, detention alternatives, reduction. Redeploy unexpectedly did not have the number of applications they hoped for.
6. Compliance Monitoring
   Compliance Monitor, Dick Walsh will walk us through information on status of jail removals. There was a total of 178 violations and we are not half through the fiscal year. Last year at this time our de minimis was 282, this year is 225. Last year the counties were on target, but the others are not. For city of Chicago, last year, they had 43. This year they have 50 already. Dick plans to go and talk to them. The city of Alton already has 16 for the year. There is a concern the numbers in Alton were not accurate. Dick has emailed them for an update. Dick is hoping the number will go down once reviewed. Granite city increased too. In Streamwood there were armed robberies, but there was increase. It is difficult to dissect those types of cases that require a longer investigated process. Dick went through every violation a few years ago to look at every individual offense. The majority of offenses are more serious crimes or parents didn't show up to get their child. Chairman Velasquez asked Wendy whether it makes a difference for us to know the breakdown of intensity of crime in terms of the importance to compliance. Wendy indicated the cases where they are waiting for a parent to show up are an exclusion, so the numbers are tied to the more serious crimes. It is important and would be helpful for us to know this breakdown, but narrative doesn't help with our compliance. Knowing the age of the kids is important, 40 of those violations are 17 year old felons. Wendy is saying it is important to know how many kids are being held for more than 6 hours if no parents are available. If Illinois is over our di minimis we would lose 25% of our federal funding.
   In Washington, DC Dick asked the question - "If you have a youth in a facility for a violent felony and you need a line up, what would you do for 4 hours?" Would you send the youth home and request he come back? Automatic transfers need the in-charge approval. Wendy indicated that is what our de minimis is for-those extreme cases-that is why we have a de minimis. OJJDP did not even share the di minimis until after the report was due- (their formula throws out the outliers, which artificially lowers the di minimis). States with high numbers are thrown out. That's why we saw such a huge drop from 280 to 225 as you remove those with high averages. It is a hard and fast compliance rule. We are scheduled to have compliance monitoring audit. Commissioner Hill asked about status offenders. Dick indicated that our level on status offenders is almost non-existent-almost all women represent the status offenders ** a topic to return to.
   Dick is visiting all departments as there is a lot turnover in juvenile detention. It seems no one knows about the 6 hours. Chairman Velasquez said we should have information available to share at the Juvenile Officer Trainings to assist the local jurisdictions. Need to address the JISC issues of errors as we would lose $250,000 a year. Maybe if enough states voiced their concerns it would have an impact. Wendy responded that when the di minimis came out last year, the did a survey, no one said that it would be too bad. States of different laws and removals did not seem to be the worry as that wasn't their struggle. If Illinois could do something in the training to include it in the curriculum-this is why we could comply, and we agree to take this money for compliance. The local law enforcement says it is costly for them, they must babysit the youth outside of a cell. This is where the conflict of CCBYS being contacted and being unable to take custody of the youth. Wendy noted that this is causing concern for the youth. If you call DCFS and it is a Lock Out situation and you cannot find the parents, then how does DCFS take a youth who has been charged with a delinquent offense? Chairman Velasquez commented that they usually don't.
   Commissioner Hill indicated that this conversation has gone on for many years. That Illinois would need to change the legislation to comply with federal regulations but there would be a yoyo effect and a need to reeducate on an ongoing basis. He stated we should change legislation. Commissioner Bullard noted that there is no financial incentive to comply. There are hot spots over holding kids. There are stakeholders in those localities that care about the money they would not be able to distribute. A need to look at taking a portion of the money invested in counties and try to get a better bang for our buck. If we are in violation, we lose $250k and we must use 50% of the remaining funds to address the issue. Thus, it is closer to $600k Illinois would lose. In areas with high numbers-are there JJ councils? May be better solution to give money at local solution. Will further discuss and adjust the 3-year plan as noted. Change of legislation is a good idea but the timing is not right with the legislative cycle.
   The Commission had this issue when it was paying for the Transportation Program in detention centers. We found it was supporting unnecessary detention. Commissioner Bullard indicated that there are long term solutions and short-term solutions. In DeWitt, there is nothing there, no way they need the same as Jackson or Crawford. The likelihood that the rural areas are hit by a crime wave of high violence crime is small. Dick explained that DeWitt is authorized for 7 hour hold and Jackson longer of a 12 hour hold. They don't think they are doing anything wrong. Commissioner Bullard said this is bad practice. Dick agreed but it is not illegal. Commissioner Hill said federal law requires rural exemption. Wendy responded that we don't' use it. It would not affect our numbers. Dick agreed it would not affect our numbers.
   1. Possible Solutions:
      • Is the rural exemption worth looking at
      • Packet used at the at juvenile officer association training
      • Educational materials (marketing what this information is-preemptive-constantly communicating that)
      • Allocate budget dollars to disseminate that information
      • Education on a broader scale, as JOA as a forum, targeted in certain types
      • Target municipalities to understand what their data reveals and not wait too long.
      • What is the nature of midcourse corrections.
      • Need a broader reach and the juvenile officer association
      • Legislative efforts-longer end-game, but doesn't mean we stop pursuing-look for partner and sponsor to help move this forward
      • Look to getting a law enforcement champion on the board --- look at the name for DuPage (council member), McLean also another officer ** Looking for someone influence larger than municipality-look at chiefs association.
        • Share these solutions with the Commission as actionable items for discussion. Planning and Grants first. Inclusion in the 3 Year Plan unless voted down
7. Detention Standards
   Chairman Velasquez asked for a deeper insight to the status of the detention standards which seem to have been under amendment for a decade or so. Peg Robertson and the DJJ staff attorney walked through every line not trying to change the structure. She indicated it is harder to get through JCAR. They are adding sections on mental health, upgrading the language and PREA language to be incorporated. They have a rough draft to be discussed on Friday with DJJ, Commissioner Jacobs will be there. Wendy added that they have done a phenomenal job, a ton of work on this and should be commended for it.
   Chairman Velasquez stated it sounds like they are addressing the mental health needs of kids and the major topics are being impacted. Peg explained they are addressing staff-youth ratios; mental health services, language on screening and suicide prevention, Casey Standards, programming, education and medical. Removing isolation as disciplinary action. It was extremely common in the past.
   The Casey standards use, provides you and detention centers to do their own self-assessment and compliance regarding that. Recommends assessing biannually. Moving towards what we know is good practice. Chairman Velasquez clarified that this Friday meeting in St. Charles is to review the changes and develop strategies for who to reach out to and get response. There was a discussion about the timeline. Getting the support and review and comments from detention centers from a preliminary perspective. Peg believes that working methodically they could possibly be done this Summer.
   Commissioner Hill asked who is on the other side of the argument, when you change regulations where will the push back come from? He said the counties who are fiscally challenged will push back, it will cost. Medical/mental health services-people say they don't have that available and that is not an acceptable response. Peg agrees and thinks that is where the pushback will be. They have also added a bunch of training requirements. There is an education component in the regulations but it is not very strong in terms of spelling out that special education services are required, etc.
   This is county detention not state detention facilities. The state is moving in the same direction with a lot of these conversations. Chairman Velasquez added that we have been through 3-4 Administrative changes at DJJ, but we are finally seeing some traction because of Director Mueller and Rob Vickery. He also requested this update on the standards be shared at the full Commission meeting. Peg Robertson commended the
   DJJ Attorney for her fabulous work
8. Next Meeting
   September 4th, 2018
9. New Business
   None Noted.
10. Adjourn
    The meeting was adjourned at 10:53am.