March 21, 2018 Illinois Juvenile Justice Commission Meeting

Audience

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

Date/Time

March 21, 2018, 9:00am to 12:00pm

Location

  • 401 S Clinton
    7th Floor Video Conference room
    Chicago, IL
  • 823E Monroe
    Springfield, IL
  • Call In: 888-494-4032
    Code: 5329547331#

Agenda

  1. Call to Order
  2. Roll Call
  3. Approval of Minutes
  4. Fiscal Updates
    1. YTD FY18 Spending
  5. Program Updates
    1. Committees 2018 Schedule Review
    2. DMC
      1. Committee Update
      2. Redeploy/IJJC Collaboration
      3. DMC Training and Technical Assistance
    3. JDAI
    4. JJ Councils
    5. Compliance Monitoring
  6. Project Updates
    1. Training and Technical Assistance to JJ Councils
    2. Transfer Data Reporting
    3. Girls Grant (Adolescent Domestic Battery Model Arrest Protocol)
    4. Young Children in Detention work (HB 4336)
  7. Old Business
    1. NOFO schedule
    2. IJOA Conference
    3. Dick Walsh: Resignation and Replacement
  8. New Business
    1. Susan Witkin: Retirement
  9. Board Members
  10. Three Year Plan
    1. The twenty-eight assurances
    2. The Compliance and DMC reports
    3. SAG membership
  11. Legislative Updates
  12. Public Comment
  13. Next Meeting
    P&G/Executive Committee Meeting April 18, 2018
    P&G/Full Commission Meeting May 16, 2018
  14. Adjourn

Minutes

  1. Call to Order
    Meeting was called to order at 9:06 am.
  2. Roll Call 
    Committee Members: Planning and Grants Chairperson Lisa Jacobs; Commissioners: George Hill, Rick Velasquez (by phone), Mary Reynold (by phone), Dana Weiner (by phone), Patrick Nelson (by phone), and Arnetra Jackson (by phone). No quorum.
    Staff: Wendy Nussbaum, Julie Stremlau (by phone) Brian Woodson (DHS, by phone). 
    Guests: Susan Witkin (by phone), Amanda McMillen, Olivia Wilks, Dick Walsh, and Danielle Kindle.
    Planning and Grants Chairperson Jacobs stated that IJJC Chairperson Timberlake is not present because he is presenting at the National Conference on Juvenile Justice, hosted by the National Council of Juvenile and Family Court Judges, about juvenile sex offenders.
    Commissioner Velasquez recommended instituting a policy for when a great number of commissioners are not able to confirm attendance for a meeting. Planning and Grants Chairperson Jacobs added that it is important to provide packets in advance, as well as a clear request for an RSVP to meetings. Commissioner Velasquez stated that providing information at least a week in advance has been successful for RIOB meetings. Planning and Grants Chairperson Jacobs stated that this will be the goal for future Commission meetings.
  3. Approval of Minutes
    Unable to approve minutes due to lack of quorum.
  4. Fiscal Updates
    1. YTD FY18 Spending
  5. Program Updates
    1. Committees 2018 Schedule Review
    2. DMC
      1. Committee Update
      2. Redeploy/IJJC Collaboration
      3. DMC Training and Technical Assistance
    3. JDAI
    4. JJ Councils
    5. Compliance Monitoring
      Olivia Wilks stated that the report for DMC and compliance will be sent in this week. It is due April 2. One issue has been with Cook County data for the RRI arrest rate: this year's is 9 and last year's reported number was 2. The data submitted to OJJDP regarding Cook County arrests appears to have a clerical error (based on the fact that number of arrests is lower than number of referrals), resulting in an inaccurate RRI of two. .Wilks recalculated the data to find the actual number for last year to be ~8, meaning that this year's increase was far less significant. Wilks stated that she has also not yet received the arrest data for this year's DMC report. Jacobs stated that County Council arrest data is incomplete because state arrest data does not include misdemeanors.
      Jacobs asked if the Cook County data has been affected by a change in the reporting source. Wilks stated that she will ask Lily Gleicher from ICJIA who was responsible for providing the data last year. Wendy Nussbaum recommended examining the statewide data and comparing it to Cook County to determine if the entire state has increased. She stated that arrests have decreased overall, though racial proportionality has not.
      Wilks explained the process for obtaining data. ICOY receives the tracker data and then reaches out to individual counties through probation. The data is then sent to ICJIA and they compile all of this information to create an aggregate for the state. They send three forms of data back. Wilks stated that she brings these reports to Council meetings, which can have an impact by demonstrating the RRI. It is explained that the data is only for reporting purposes and will not be shared. Nussbaum recommended asking if anyone is willing to share this data. Commissioner Hill stated that better data collection would require an AOIC mandate. Wilks stated this has also been recommended at the local level.
      Planning and Grants Chairperson Jacobs stated that data moves from probation to AOIC in four ways: a monthly aggregate statistical report; an aggregate annual plan, mandated under the state probation officers act for the purpose of budgeting; an online data repository called Polaris, which has not become operational at this point; and the Youth Assessment Screening Instrument (YASI). Probation is currently switching from the YASI to the Ohio Youth Assessment Screen (OYAS). Jacobs is unaware of the exact nature of the data the OYAS will provided. Wilks stated that she has discussed how to do both the YASI and the OYAS, but this is not possible. Another option is to still do the YASI with case plans. According to Rich Adkins, part of the reason that the move is happening is that probation had difficulties pulling the YASI reports. Jacobs stated that historically the court has been reluctant to collect this kind of information. She stated that there is a new director of the administrative office who may be interested in managing the courts in a different way.
      Jacobs stated that, although this data collection has been done, it has been for the purpose of maintaining compliance rather than about creating a message about disparities. Missing data includes petitions, number of adjudications, and other aspects of the court process that must be obtained from the court. After the automatic expungement bill was passed, probation expressed concerns that this would lead to the elimination of their internal records. Probation does not manage data as they have the potential to. Wilks stated that variability has been striking with probation. Jacobs stated that Loyola believes probation is an important issue and is thus reaching out to the AO for a potential partnership, but has received the response that they are unwilling to compromise the judicial branch. Commissioner Hill recommended a number of possible alternatives, all of which Jacobs stated had already either been tried unsuccessfully or considered and determined not to be ideal.
      Commissioner Hill asked if the AO has ever worked with the U of I with data. Susan Witkin stated that she has not been asked for data outside of one occasion. Jacobs recommended using JMIS as the best model for data. Susan Witkin stated that she believes the AO has more confidence in JMIS, despite not asking for data. Jacobs stated that J-watch was developed for Models for Change as a local juvenile probation data system. The challenge was that most places do not want a juvenile system separate from the adult system because there is usually one probation department. She stated that switching from the current data systems would also be extremely expensive because the data is the property of the system. Witkin stated that she has tried to problem-solve this issue, but still was not able to receive approval.
      Amanda McMillen stated that she went to the DMC training and there is an expectation that data is collected and used in an intentional way to develop a plan for interventions to reduce DMC. She recommended thus explaining that component in this effort. Wilks stated that data is being tracked in some counties already. She stated that councils are interested and overwhelmed to use their data in what they perceive to be a short time frame. However, there is a lot of strength in using the data for interventions. Jacobs stated that there is data available from multiple databases. She asked if a data profile can be created based on NOFO applicants. Wilks stated that this could be standardized by using the same four databases for all applications.Wilks stated that she can take the JMIS data and put it into RRI. Commissioner Hill stated that the federal government wants statewide data and asked if this process would be compliant with this.Witkin stated that sites are being told to use data to guide their process, which has been a revelation for some. Thus, efforts are being made to convey how to use the data in a way that provides an analysis and direction for interventions. She feels that progress has been made. Wilks stated that there is a lot of variability in capacity and that it is important to build local data while also trying to build a relationship with the AOIC to find the greater statewide picture. Jacobs stated that the data is good around (felony) arrest, transfer, and DJJ. The gap is the court process.
      Jacobs stated that ICJIA and Loyola have also had challenges collecting data, but after presenting with strong data profiles, they struggle to know what this data means. She stated that lawyers have not received training about analyzing data and thus can come to incorrect conclusions. It is thus important to equip stakeholders to understand the data and then apply it to policy and practice. She stated that there may be an opportunity going forward to map out where sites are overlapping and where more collaboration can occur. Jacobs asked Wilks to be the point person with reaching out in this effort. She added that it may have to wait until the NOFO process has completed. Nussbaum stated that there will not be any new sites, so it does not necessarily need to wait this long.
      Jacobs stated that the goal of data collection should not be a statewide reporting system. Nussbaum stated that it is more important to gather usable data. Witkin stated that priorities within juvenile justice councils are sometimes not on what can disrupt the system. The hope is that a further understanding of data will change this. Wilks stated that the idea of obtaining local knowledge is built into the OJJDP DMC plan. Jacobs stated that data is also the tool for telling a story. Commissioner Hill pointed to the flaw with data being delayed by multiple years. The immediate issues are immediate data compliance and then going beyond that to use this information, such as with the NOFO process and cross-data collaboration.
  6. Project Updates
    1. Training and Technical Assistance to JJ Councils
    2. Transfer Data Reporting
      Witkin stated that the juvenile detention report from 2016 is on the Commission's website and also has a comparative report of 2015. She is not aware if letters informing about this report have been sent out. She stated that she is sharing this information at council visits. Jacobs recommended further discussing the data at a later date. Jacobs stated that the transfer report is great news because the Commission now has data and information on the transfer of youth in Illinois, which has never previously been available. This helps with compliance to OJJDP and understanding the use of trial of youth as adults. Witkin stated that the first year of data collected was Jan-Dec 2016 and a final report has now been put together. Data collection included all counties: 78 had no transfers at all and 24 did. Most of the counties that did have transfers were very small. Larger transfer counties included Cook, St. Clair, Champaign, and Winnebago. One finding is that a lot of people do not know where juvenile transfer is in the clerk's office. Every 6 months, they receive data from each clerk's office, which may say no data to report. Going forward, Witkin stated that an annual document will be created with this information.
      Jacobs stated that data collection currently includes five different types of transfers instead of juvenile jurisdictions: violent juvenile offender, habitual juvenile offender, motions for transfer, and excluded jurisdiction. Witkin stated that, for the second year of data collection (2017), 17 counties had data for transfers after all data was submitted. It is unknown if this is due to a tedious collection process or if it is accurate. She stated that if there are any questions this data is sent back to clerks for clarification. Once the internal process of verifying the data is completed, the data is then sent out to the public defenders and States Attorney's offices within the counties that had transfers. This has led to good comments and additional information such as middle initials. She stated that the same template as the first report will be used and thus should be able to make it available more quickly than the last report. Wilks stated that this is a great way to continue the partnership with Redeploy, as they are extending their effort to determine the efficacy of Redeploy.
      Witkin stated that this data collection has helped to clarify the meaning of transfer (to adult court, not a different county, etc.) Jacobs stated that this has been a way that the IJJC has been able to collaborate with the AOIC. Commissioner Hill asked if there is a need to determine if some of the children pled down and thus did not automatically transfer. Jacobs stated that this information is being attempted to be gathered: tracking from charges at filing and charges at sentence and disposition. Witkin stated that these projects, including paper and excel forms, can be found on the CPRD website.
    3. Girls Grant (Adolescent Domestic Battery Model Arrest Protocol)
    4. Young Children in Detention work (HB 4336)
  7. Old Business
    1. NOFO schedule and process
      Nussbaum stated that three NOFOs were posted on March 19th. The first is a systems improvement NOFO that has been structured in such a way that only current recipients are likely to receive funding. The second is a juvenile justice council NOFO, which explicitly states that only current recipients will receive funding. It also involves the requirement of appointing a youth member to the advisory board. The third is a programmatic NOFO that provides councils, units of government, and nonprofits the ability to apply to run a local program to address the Commission's priorities. Nussbaum stated that she is expecting two potential applications from systems to carry out data activities and potentially 7 from juvenile justice councils. She stated that there will likely be a notice sent to CCBYS providers and councils informing them that the third opportunity is available.
      Nussbaum stated she is asking as many commissioners as possible to volunteer to review the NOFOs. Volunteers can volunteer to review as many or as few NOFOs as they are able. Only commissioners who review and score applications will have access; those who do not review will be able to see the final recommendation and will have the chance to vote. Commissioner Velasquez asked if the review process is an independent review by commissioners who choose to review or a group meeting. Nussbaum stated that the review team will receive applications, score applications, and then meet either in person or via phone to discuss scoring. Following that, the reviewers will have an opportunity to change scores before submission to Nussbaum. The applications will then go to Planning and Grants to make a recommendation and then to the full Commission for a vote. Then Karrie Rueter must sign off before sending to the Director.
      Nussbaum stated that due dates have been staggered. The systems improvement and youth service programmatic NOFOs will be due on April 19th, leaving 30 days to apply. These will be sent to reviewers on April 20th. The scoring process must be completed by May 7th, on which day there will be a meeting/conference call to discuss scores. Final scores must be submitted to Nussbaum on May 8th. The juvenile justice councils application will be due May 3rd. All scores will be completed and ready for recommendation by May 16th for the Planning and Grants / full Commission meeting.
      Commissioner Hill asked how the Planning and Grants Committee will have an understanding of what is happening if they are not reviewers. Jacobs stated that the hope is that many members of the Planning and Grants Committee will choose to be a part of the review team. Furthermore, someone will present the scores to Planning and Grants. Nussbaum stated that scoring requires comments, so this will provide further information to Planning and Grants. Jacobs stated that much of these requirements come from GATA. Wendy Nussbaum stated that NOFOs were necessary in order to fund different sites than last year.
      Jacobs stated that it is hopeful Commissioners will score two categories: juvenile justice councils, who must have made substantial progress on gathering data, creating a local plan, identifying DMC, and putting forth a DMC reduction plan; and youth serving, with an emphasis on front end diversion and deflection, detention alternatives, and community-based alternatives for youth with problem sexual behaviors, DMC strategies, and services and community-based strategies for serving youth with sex offenses. The plan is to send the information with the schedule and process out to all Commissioners, asking for clear commitments or declines.
      Commissioner Velasquez volunteered to score for juvenile justice councils. He stated that he may also be able to score for systems improvement. Commissioner Hill volunteered to score for juvenile justice councils. Commissioner Jackson volunteered to score for juvenile justice councils and youth services. Wendy Nussbaum asked everyone who agrees to score to be sure to look at the dates provided in the schedule that was circulated.
    2. IJOA Conference
    3. Dick Walsh: Resignation and Replacement
      Planning and Grants Chairperson Jacobs stated that Dick Walsh, Compliance Monitor, is retiring and ICOY is thus in need of a replacement. Walsh stated that his original plan was to leave June 30th, though when he learned that there would be an audit form OJJDP, he chose to stay longer. He stated that there is also not any funding in the budget to train anyone during this fiscal year. Walsh stated that he attempted to refer two qualified people to the application process, but they were not interested. One person stated he is not interested in the position because he does not want to travel to Chicago on a weekly basis. Commissioner Hill asked if the job responsibilities could be completed remotely, therefore eliminating the need for routine travel to Chicago. Walsh stated that all of the technology, files, etc. are at ICOY; however he keeps a copy of everything on his work computer on his home computer where he works one or two days per week. Walsh stated that the most important requirement for this position is to have access to people. He recommends a retired police officer because the vast majority of challenges with fulfilling the duties of the position are related to the police department. Commissioner Velasquez asked if this is an employee position or a contract position. McMillan stated that it is an employee position. Walsh stated that he personally would not want a contract position due to social security requirements. He added there is quite a bit of travel involved.
      Walsh stated that, currently, there is not a complete 5 months of data and there have already been 150 violations. He believes that 29-39 of the violations are 17-year-olds. Jacobs stated that only 13 are coming from county jails. She recommended outreach in Madison County, as this is where there has been a great increase in jail removals.
      Jacobs stated that the job description has been circulated in packets. She welcomes any thoughts regarding necessary updates. She stated that there may also be ways to use technology so that travel to the Chicago office is not necessary. Walsh stated that it is still important that the person who fills the position lives near Chicago because this is where most site visits happen. McMillen stated that ICOY is open to the option of working remotely and otherwise making the position as appealing as possible. However, it is unlikely that coming downtown would never be necessary. McMillen stated the job description is based on the evaluation form circulated in the meeting packets. Commissioner Hill requested that the minimum 10 years in law enforcement with juveniles be included in the job description.
      Jacobs summarized the priorities related to Dick Walsh's retirement and replacement: a smooth transition; budget issues regarding resources for training; and short-term recommendations regarding jail removal violations.
  8. New Business
    1. Susan Witkin: Retirement
      Planning and Grants Chairperson Jacobs announced that Susan Witkin will be retiring this Spring. She stated that Witkin has been conscientious about ensuring a smooth transition. Witkin stated that it has been wonderful working with this group. Jacobs stated that she will be meeting with her, Wendy Nussbaum, and IJJC Chairperson Timberlake as well as new leadership within CPRD to address this transition.
  9. Board Members
  10. Three Year Plan/28 assurances
    1. The twenty-eight assurances
    2. The Compliance and DMC reports
    3. SAG membership
      Jacobs stated that the IJJC must submit a plan to OJJDP every three years. Wendy Nussbaum stated that there are some new things this year. First, it is now a four-year plan. Second, the plan now has a page limit of 40 pages, though tables do not count towards this. Third, if in compliance with three core requirements, the IJJC no longer must submit a plan regarding obtaining compliance, though it would still have to submit a plan about how compliance is maintained. Fourth, the IJJC must agree to the 28 additional assurances in a pass/fail manner. Compliance and DMC reports are due on April 2nd. The full plan is due on May 18th. Jacobs stated that the proposal was going to involve carefully examining the 28 assurances and making proposed statements, and then seeking IJJC authorization for the Executive Committee to sign off on the assurances at the next meeting. Without a quorum at this meeting, it will be necessary to find another means of seeking authorization for the Executive Committee to do this. She stated that there me be a solicitation sent out for this authorization. Furthermore, a formal vote is not necessary, but the hope is still to bring this issue to the Executive Committee in April. She stated that volunteers are not necessary for the plan and that staff and partners will be heavily relied upon to meet the 40-page limit. Jacobs stated that messaging will be about priorities and NOFOs. If anyone wants to be a part of this drafting process, they should notify Nussbaum.
  11. Legislative Updates
    Jacobs stated that there are a lot of juvenile justice bills this session. There were two bills that explicitly mentioned the IJJC.
    HB 4336, sponsored by Robyn Gabel, addresses young children in detention and says that Illinois will raise the minimum age from 10 to 13, effective July, 2019. Jacobs explained that, during the interim, the IJJC is to look into services and alternatives to detention that are necessary for this population. At the last meeting, the conclusion was that the Commission should accept the responsibility if passed. The bill has not gotten out of rules committee since last discussion. Wendy Nussbaum stated that she attended the last CCBYS meeting, which provided a starting point for examining the issues related to why children do not always receive CCBYS services, often related to the system functioning. She stated that providers are willing to have further conversations surrounding this. Jacobs stated that it will also be important to examine the data regarding this population. Commissioner Velasquez stated that dually-involved youth further complicates this, as they are often placed in DCFS so that they can be placed somewhere. The concern is what happens next. Jacobs stated that there is not data on how many kids are placed in DCFS from the juvenile system and recommended doing a system map to address this.
    HB 4581 is sponsored by Laura Fine. It would require the IJJC, in its annual submission of recommendation to the Governor and General Assembly, to include recommendations regarding the inclusion of emerging adults into a developmentally appropriate justice system, reducing recidivism, and preventing deeper criminal involvement. The requirement for the Commission is to examine the issues regarding emerging adults and... This left the house judiciary committee approximately 10 days ago and will go to the house floor. She is not certain whether the bill will go forward as written.
  12. Public Comment
    None heard.
  13. Next Meeting
    P&G/Executive Committee Meeting April 18, 2018
    P&G/Full Commission Meeting May 16, 2018
  14. Adjourn
    Meeting was adjourned at 11:57am.