January 17, 2018 Illinois Juvenile Justice Commission Meeting

Audience

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

Date/Time

January 17, 2018, 9:00am to 2:00pm

Location

Loyola University Chicago, School of Law
25 East Pearson
Chicago, IL 60611
823 E Monroe
Springfield, IL 60701
Call In: 888-494-4032
Code: 5329547331#

Agenda

Call to Order
Roll Call
Approval of Minutes
Looking Back: IJJC Priorities, Activities, Accomplishments and System Improvement Recommendations (2011-2017)
1. Youth Reentry Improvement Report (November 2011)
  1. Beyond Service Provision: Promoting Social Capital and Effective Functioning for Youth Reentering the Community After Incarceration (Chapin Hall, October 2015)
2. Raising the Age of Juvenile Court Jurisdiction: The Future of 17 Year Olds in Illinois' Juvenile Justice System (February 2013)
3. DMC in the Illinois Juvenile Justice System (March 2013)
4. Improving Illinois' Response to Sexual Offenses Committed by Youth (March 2014)
  1. Federal Advisory Committee on Juvenile Justice Report / Recommendations: July 2016 and November 2016
5. Audio Visual Appearances in Illinois Juvenile Courts (March 2015)
6. Burdened for Life: The Myth of Juvenile Record Confidentiality and Expungement in Illinois (April 2016)
7. Illinois Transfer Data Collection / Analysis
8. Illinois Detention Reports (2013, 2014 and 2015 data)
9. JJDPA Compliance (Status Offenses, Jail Removal, Sight and Sound Separation and DMC)
10. Other
Today's landscape: Current juvenile justice issues, challenges and opportunities
1. JJDPA Compliance (Ensuring ongoing monitoring and appropriate conditions of care)
2. DMC progress and challenges
3. Secure confinement issues (Detention issues and IDJJ issues)
4. Data progress and challenges
5. Critical programs and services:
  1. Programs and Services (Redeploy
  2. Programs and Services (Redeploy Illinois
  3. Crisis responses (CCBYS, ADB issues, etc.)
  4. Other
6. Other
Looking ahead: IJJC priorities and partnerships (2018 - 2021)
1. 3-year planning (Process, priorities and timelines)
2. Research and policy analysis
3. Funding priorities
4. Data priorities
5. Partnerships with other initiatives and entities
6. Other
New Business
Adjournment

Minutes

Call to Order
Meeting was called to order at 9:12 AM.
Roll Call
Committee Members: IJJC Chairperson Hon. George Timberlake; Commissioners Lisa Jacobs, Rick Velasquez, Dana Weiner, Julie Biehl, Esther Franco-Payne, Shelley Davis, Rodney Ahitow (by phone), Jaqueline Bullard, Edward Rangel (by phone), Patrick Nelson (by phone), and Ben Roe (by phone). Quorum present. Staff: Wendy Nussbaum, Julie Stremlau (by phone), Brian Woodson (by phone). Guests: Heidi Mueller, Susan Witkin, Betsy Clarke, Garien Gatewood , Olivia Wilks, Amanda McMillen, Dick Walsh, and Danielle Kindle.
Looking back: IJJC Priorities, Activities, Accomplishments and System Improvement Recommendations (2011 - 2017)
Betsy Clarke, with the Juvenile Justice Initiative (JJI), introduced herself by discussing JJI's history of working collaboratively with IJJC. JJI has worked to reduce detentions for 10- and 11-year-olds and asked IJJC included recommendations in its report in order to fully implement the change in reducing detentions, as CCBYS had not been fully willing to accept these kids. Efforts to end detentions with this populations would be leading the way nationally. Judge Timberlake added that this same recommendation was made in the Raise the Age Report.
Betsy Clarke discussed the issue of emerging adults, citing efforts to raise the age of juvenile court jurisdiction to 21 for young people charged with misdemeanor offenses. She asked IJJC to make recommendations in the annual report in order to assist in these efforts. Betsy Clarke also cited other efforts to raise the age of juvenile court jurisdiction to 19 for all other offenses.
Betsy Clarke discussed the issue of transfers from juvenile to adult court. The Howard Supreme Court decision stated that every transfer decision that had been currently in the pipeline must go back to start in juvenile court. This helped the majority of cases in one sample to stay in juvenile court. Betsy Clarke stated that Representative Juliana Stratton is committed to this issue. There have also been discussions about reviewing prospective transfer cases within 90 days. Judge Timberlake asked, due to the short session this year, when the report would be needed. Betsy Clarke stated as soon as possible, with the ideal hearing time being sometime in March.
Commissioner Jacobs highlighted both the progress as well as the current issues that require more efforts for detention reductions, raising the age for juvenile court jurisdiction, and transfer reform. Betsy Clarke stated that events at the Harrisburg detention center highlight that, for trial level defenses, there is not sufficient and unified support. Commissioner Velasquez stated the importance of the Commission including those who can provide sufficient support. Betsy Clarke highlighted the NJJC report, which made recommendations approximately ten years ago that have not been implemented.
1. Youth Reentry Improvement Report (November 2011)
  Beyond Service Provision: Promoting Social Capital and Effective Functioning for Youth Reentering the Community After Incarceration (Chapin Hall, October 2015)
  Commissioner Biehl reported that research demonstrates that kids have been staying in the system too long and experiencing technical violations. Everyone participated in this 2011 report, which included observations from parole hearings as well as examinations of files and the process of release and reentry. Commissioner Biehl made three recommendations. First, move away from parole and instead have aftercare. Second, kids should not be alone when their liberty is at stake and thus must be represented. Finally, there should not be as long of a time period for parole and aftercare.
  Commissioner Biehl stated that outreach efforts helped to increase awareness about the previous problems. With the help of partnerships and a class action lawsuit, these recommendations were fulfilled. Later, a follow-up report stated that decisions should be housed with Department of Juvenile Justice rather than the Prisoner Review Board. Commissioner Biehl highlighted the importance of uncovering issues and presenting data that demonstrate these issues as a means of engaging stakeholders.
  Commissioner Jacobs stated that DJJ is using a randomized control trial to examine aftercare. This is a high-level evaluation of the impact of those services. It will be important to ensure that, regardless of leadership, the public receives information and data about the functioning of DJJ; it must be accessible. Commissioner Weiner highlighted that, with knowledge of what exists, the Commission will be more equipped to advocate for its accessibility.
2. Raising the Age of Juvenile Court Jurisdiction: The Future of 17 Year Olds in Illinois' Juvenile Justice System (February 2013)
  Chairperson Timberlake highlighted that the goals, summarized in this report, were to raise the age of juvenile court jurisdictions as well as get youth under the age of 18 out of jails and into detention. The report also recommended that the age of detention be raised to 13, with all those under this age not subject to detention. The fears surrounding these recommendations never materialized, which can be used to advocate for the current issues. The current issue is again to raise the age, with the new terminology of "emerging adults."
3. DMC in the Illinois Juvenile Justice System (March 2013)
4. Improving Illinois' Response to Sexual Offenses Committed by Youth (March 2014)
  Federal Advisory Committee on Juvenile Justice Report / Recommendations: July 2016 and November 2016
  Commissioner Jacobs summarized the report, which was a legislative mandate. Similar to other reports, one effort included mapping out laws regarding kids in the system for sexual offenses. Additionally, the report documented that kids in the system for these offenses are treated like adults in many ways. Efforts surrounding this report also included pulling and representing data, which did not demonstrate as clear and profound racial disparities as those that exist for the juvenile population for offenses in general.
  Commissioner Jacobs stated that the report led to three key recommendations. The first recommendation is to rethink the registry of youth as sex offenders. Second, develop standards around practice at every stage of the justice system. Finally, community-based resources are necessary for both kids who are arrested for sexual offenses as well as victims and families.
  Commissioner Jacobs stated that there is good news and bad news. The good news is that, since issuing this report, there has not been a new statute increasing registry or restrictions, or penalizing kids. The bad news is that have none of the restrictions on kids have been rolled back. However, Commissioner Jacobs stated that this report has been relied on heavily in the national community. Another result of this report is that the Federal Advisory Committee on Juvenile Justice has made a decision to remove youth from federal registry requirements and instead fund research and report on community-based resources. Commissioner Jacobs added that the state legislature convened a sex offender registry task force, which has made a series of recommendations around scaling back registry and restrictions on adults. Thus, the Commission may be in a position to move forward constructively with legislation to reform the juvenile registry. The key fronts for more progress include updating the 2014 research, litigation, and legislation for the 2019 session.
5. Audio Visual Appearances in Illinois Juvenile Courts (March 2015)
6. Burdened for Life: The Myth of Juvenile Record Confidentiality and Expungement in Illinois (April 2016)
  Commissioner Biehl reported that obtaining data on (the lack of) expungements was difficult. Additionally, although expungements are supposed to be confidential by law, this is not always happening in practice. Commissioner Biehl stated that new legislation took effect January 1st and this has led to some frustrations from law enforcement about reduced abilities to make arrests. Still, there has been progress in increasing awareness about the harm that these records cause. Commissioner Biehl stated that Northwestern is working with Cabrini Green Legal Aid and LAF to create an excel spreadsheet to analyze how expungements are occurring. One effort is to allow juvenile expungement regardless of later adult charges, and they are expecting pushback on this. Commissioner Jacobs added that this is where the conversation intersects with efforts to raise the age of juvenile court jurisdiction for emerging adults. Commissioner Biehl stated that all cases in October and November did not receive expungements because the records were not sent to Illinois State Police and local law enforcement. Judge Timberlake stated that there is a process for Cook County to change their policies, which is going to require some collaboration from other stakeholders. The implementation of this law will require monitoring going forward.
7. Illinois Transfer Data Collection / Analysis
8. Illinois Detention Reports (2013, 2014 and 2015 data)
9. JJDPA Compliance (Status Offenses, Jail Removal, Sight and Sound Separation and DMC)
10. Other
Today's landscape: Current juvenile justice issues, challenges and opportunities
1. JJDPA Compliance (Ensuring ongoing monitoring and appropriate conditions of care)
  Dick Walsh reported that, for the last fiscal year, there have been 227 violations in Illinois, within 54 municipalities and 11 counties. The majority of these violations were in Chicago, with 43 violations. These violations included 16 in districts and 27 at the Juvenile Temporary Detention Center. Among the counties, DeWitt (15) and Crawford (11) were the biggest offenders for violations. Dick Walsh reported that he is currently working on counting violations for the calendar year. He has thus far received October and November reports from Chicago, as well as half of December's.
2. DMC progress and challenges
  Commissioner Franco-Payne reported that the Commission has raised awareness and engaged in critical conversations about DMC. Moving forward, it will be necessary for the full Commission to learn and agree on a strategy for addressing DMC.
  Furthermore, Commissioner Franco-Payne stated that there was a convening of community stakeholders, which led to agreement on three key DMC issues. First, there is the issue of mental health and its impact on DMC. The second issue of concern is the school-to-prison pipeline. Finally, there is the issue of law enforcement and community relations. Commissioner Franco-Payne added that there is now a key list of priorities and focal points. One focal point is SB100, which calls for restorative justice practices within schools as well as data tracking-efforts have centered on monitoring SB100, with collaborations with the Shriver Center. A second priority is to reconsider the amount of CPS/CPD funding devoted to community safety via SROs rather than community alternatives. Efforts are currently in the process of negotiating what the new contract should look like. The committee is also in the process of putting together a letter with recommendations for redirecting resources from SROs to community alternatives. Regarding the mental health piece, the committee has not made many strides, but primary goals include engaging young people in the idea of mental health/psychological first aid and using youth as supports for peers. Commissioner Franco-Payne highlighted that the need and community engagement are there, but the Commission has further to go. Key pieces are compliance and community engagement.
  Olivia Wilks reported on the OJJDP Technical Assistance Manual. A grant was offered to the Burns Institute, which was declined due to a lack of resources to do something on such a large scale, though the contact person was willing to commit to smaller scale efforts. Thus, there is currently no one providing technical assistance.
  Commissioner Jacobs stated that efforts to reduce numbers have been successful, but these successes have not had an effect on the disproportionality. Olivia Will be reported on efforts to create a DMC guide, which is much smaller than the technical assistance manual. It breaks down three types of interventions for reducing DMC, including direct services, training and technical assistance, and systems change. The hope is to create an assessment tool that will help to highlight possible interventions based on RI data.
  Commissioner Weiner referenced data that is currently used in child welfare, which tracks children at multiple points, as something that should also be used with DMC data tracking. Commissioner Jacobs stated that, while the data exists, there may need to be a sharper focus on disparities. Commissioner Davis highlighted that, even with the data, there is still the issue of ensuring that stakeholders care about changing the disparities that are demonstrated through the data.
  Chairperson Timberlake stated that National Juvenile Defender Center has been working on bench cards for judges, including a race card. The dissemination strategy is a collaboration with the National Council of Juvenile and Family Court Judges. He expects this to be approved at the June 2018 meeting.
3. Secure confinement issues (Detention issues and IDJJ issues)
  Heidi Mueller, director of Illinois Department of Juvenile Justice (DJJ), spoke about the Y360 juvenile tracking system. She reported that DJJ has been under the radar in utilizing authority to place youth at Indian Oaks Academy. Y360 is now working with Pew Research Center and the Governor's Office of Management and Budget to study that program. A critical issue in Illinois right now, as well as in a lot of states, is the issue of violence and youth behavior in facilities. This is a threat to potential progress in some areas, which speaks to the need to move to a small regional facility model. The youth remaining in the system have much more complex needs in that they tend to be older and have longer legal histories, complex trauma histories, and developmental delays. DJJ has been working for two years to implement a nonviolent crisis intervention and trauma-informed physical intervention model. DJJ is also training staff to be trauma-informed. Heidi Mueller reported that states with conservative leadership are arguing that rolling back solitary confinement is at fault for increases in violence towards staff, which is hindering reform efforts. It is thus important to engage a broad group of stakeholders to consider when and how to create a small regional based facility model.
  Commissioner Jacobs asked if there is a need for someone to demonstrate what this recommended alternative would look like. Heidi Mueller stated that this is not something being addressed currently. Judge Timberlake recommended a one-page description of what can be done. Heidi Mueller reported that her current strategy has been to point to other states for models of effective programs. She stated that any available support for travel expenses is helpful in these efforts. Heidi Mueller added that one thing that has been powerful has been the transformation narrative, using real stories. Research shows that people are most inspired by youth, parents, and experts.
  Heidi Mueller reported that DJJ has moved all behavioral tracking and education data into Y360. This now contains comprehensive real-time data, including all information about credits youth are earning, as well as YASI info. DJJ is currently building Positive Behavioral Interventions and Supports, discipline, and incident data into Y360. Commissioner Velasquez commented that no other department in Illinois uses this kind of robust data. Heidi Mueller believes that there are efforts to build 360 data tracking at the adult level as well. Additionally, Heidi Mueller reported that there is not a public facing component of Y360. However, DJJ has been posting on its website a monthly report and started expanding this to include more behavioral and YASI data. DJJ cannot make the database public facing due to confidential information, but the goal is to create an application for parental use. Judge Timberlake stated that development of that app would require knowing the cost. Additionally, he may be able to provide a connection with someone who has worked with youth who have experienced trauma.
  Betsy Clarke asked about the population and Heidi Mueller reported that the population is 385 on aftercare and 419 in facilities.
4. Data progress and challenges
5. Critical programs and services:
  1. Programs and Services (Redeploy
  2. Programs and Services (Redeploy Illinois
  3. Crisis responses (CCBYS, ADB issues, etc.)
  4. Other
6. Other
Looking ahead: IJJC priorities and partnerships (2018 - 2021)
1. 3-year planning (Process, priorities and timelines)
  Chairperson Timberlake invited those in attendance to state their key priorities moving forward, based on what had been discussed during the meeting. Commissioners spoke first, followed by staff and guests.
  Commissioner Weiner stated that her three priorities are the 5-year plan, DMC, and data. Heidi Mueller's and Commissioner Biehl's arguments were most compelling to her. Commissioner Weiner stated that it would be important to consider what support can be leveraged in order to fund this five-year plan. Additionally, the DMC issue has many components. Finally, Commissioner Weiner stated that the availability of data to provide system-level indicators will be necessary going forward.
  Commissioner Franco-Payne stated that she is interested in oversight of the Cook County Detention Center. Statewide, Commissioner Franco-Payne state that there needs to be more understanding of how detention centers are functioning. Overall, emerging adults, DMC, and DJJ are priorities for Commissioner Franco-Payne.
  Commissioner Bullard stated that regional DJJ facilities are a priority. Additionally, DJJ and the juvenile defender center are priorities for Commissioner Bullard.
  Commissioner Davis stated that her priorities are building upon current momentum. This includes refreshing data of the current reports, including adding a voice and opinion around DMC trends.
  Commissioner Jacobs stated that her priorities are detention issues, specifically in terms of what is happening at the front end, including alternatives to detention and detention screening tools. Commissioner Jacobs also prioritizes preparing for meaningful change regarding juvenile sex offenders, as well as elevating DMC and working on concrete local strategies.
  Commissioner Velasquez stated that his priorities are improving the effectiveness of CCBYS, continuing providing annual data on confinement and addressing the conditions of confinement, and continuing the momentum with the work addressing juvenile sex offenders.
  Judge Roe stated that his priorities, based on his experiences, are the alternatives to detention, the emerging adults issue, and DMC.
  Betsy Clarke stated that, in terms of emerging adults, the issue is more problematic when discussing felonies in addition to misdemeanors. Commissioner Velasquez highlighted the importance of obtaining MOUs at each detention center to move towards JDAI principles, which has been faced with some difficulties.
  Olivia Wilks stated that her priority is DMC. There is strength in the learning collaborative, proposed earlier. Additionally, some form of standardization guide or template can be helpful in enforcing efforts to prevent and reduce DMC. Olivia Wilks added that moving towards custodial facilities can be thought of using a DMC lens. Her other priorities are front end work with CCBYS and detention. Commissioner Velasquez asked how successful efforts collaborating on DMC have been. Olivia Wilks stated that bringing together Redeploy efforts with the OJJDP guide will be helpful. She stated that there will also be more efforts to collaborate on data collection. Commissioner Velasquez asked if this conversation could be carried further to CCBYS. Olivia Wilks stated that they have asked a CCBYS provider to be present at each site visit and their collaboration is welcomed. Amanda McMillen stated that they are using the resources they have to build collaborations.
  Garien Gatewood stated that his main priority is DMC. He stated that this is at the core of all of the other issues. He stated that showing stakeholders the actual youth, rather than data and graphs, could be impactful. Commissioner Jacobs stated that investing in graphic design of the expungement report was worthwhile. Thus, she argued that using the data to create a report is not enough; graphic design to better communicate these issues should be considered for DMC reports.
  Commissioner Ahitow did not yet have any priorities selected.
  Susan Witkin stated that her priority is DMC. She stated that it is important to look past the numbers and instead see the proportionality-equal arrest/confinement numbers do not mean there are not disparities based on proportions in the general population. Commissioner Velasquez added that this highlights the need for good marketing and communication.
  Wendy Nussbaum stated that her priorities are CCBYS/diversion and DMC. She stated that, at this point, it is important to start leveraging resources.
  Dick Walsh stated that his priority is compliance. Commissioner Jacobs added that she fears that, if all states struggle with compliance, the standards will be thrown out.
  Chairperson Timberlake summarized this discussion of priorities by stating that these issues are not new. Front end interventions, DMC, emerging adults, and supporting DJJ in a movement toward a different model were the most popular priorities.
  Commissioner Jacobs asked if a small group of people could convene to summarize the issues, goals, possible strategies, and partners in play. Then this information could be brought back to the Planning and Grants Committee. Commissioner Velasquez offered highlighting the Commission's core competencies and using them to consider how to move forward. Judge Timberlake added that it is necessary to spend the Commission's funding in compliance. He asked if anyone objected to the process that was suggested by Commissioners Jacobs and Velasquez. Judge Timberlake added that another issue is immediately considering NOFOs. Thus, there must either be a special Commission meeting or the Commission must defer to the Executive Committee in order to quickly come to decisions regarding the strategic plan. Commissioner Ahitow motioned to defer to the Executive Committee. Commissioner Velasquez seconded. All in favor, motion passed.
2. Research and policy analysis
3. Funding priorities
  Chairperson Timberlake emphasized: how can we leverage what we have along with other partners?
4. Data priorities
5. Partnerships with other initiatives and entities
  Judge Timberlake stated that the Commission can be effective to the extent that it has partners who also have some funding.
6. Other
Adjourn
Commissioner Velasquez motioned to adjourn and Judge Timberlake seconded. The meeting was adjourned at 12:30 PM.