The NYC StoryReducing the use of out of
home placements in delinquency cases
Project Zero
NYC Department of ProbationPatricia BrennanDeputy CommissionerJuvenile Operations
Esperanza NY, IncCasey EisemanProject Manager
0100020003000400050006000700080009000
1000011000
1995 1996 1997 1998 1999 2000 2001 2002
FeloniesMisdemeanorsPlacements
DOWN 52%
UP 89%
*SOURCES: NYPD and OCFS
DOWN 14%
Felony Juvenile Arrests Declined, Yet the Juvenile Justice System continued to place close to the same number of juveniles.
Placement is expensive & ineffective
NYC pays up to $80 M per year for placement.Within 9 months of release from placement, more than 50% of young people were re-arrested.*Intensive, community-based services cost at least 75% less than placement and tend to have better outcomes.
Despite the drop in felonies, high recidivism, and high cost, the juvenile justice system was continuing its placement practices.
*SOURCE: New York State Division of Criminal Justice Services, 1999
Research on Juvenile Justice
“Removing youthful offenders from their homes is often not a winning strategy for reducing long-term delinquency.”“Intensive community-based supervision programs typically produce recidivism rates as low or lower than out-of-home placement (at a fraction of the cost).”“Intensive family-focused or multi-dimensional intervention programs have produced the lowest recidivism rates of all.”
“Less Hype, More Help: Reducing Juvenile Crime, What Works-And What Doesn't." By Richard A. Mendel. Published in 2000 by the American Youth Policy Forum, Washington, D.C.
Challenges to system reformChallenges to system reform
Balance between meeting needs of juvenile and community safetyDistinguishing between complaints that can receive immediate sanctions/diversions and those that must proceed for prosecutionDue process for juveniles: support speedy trial, speedy disposition (sentencing) Need for objective assessment tools for determining detention and incarceration useDevelop and enhance continuum of alternatives to detention (ATDs) and alternatives to incarceration (ATIs)
Probation & Esperanza: Shared Vision
Probation and Esperanza have established a shared vision and common goal for their collaborative work:
To safely reduce placement of New York City youth who
are adjudicated juvenile delinquents.
How It Works
Structural Reform Direct Service
Team approachClear roles & ability to compromiseOpen and frequent communication
Internal change at ProbationInformation sharing among all agenciesIncrease & refine other dispositional options
Probation and Esperanza are using a two-pronged approach to reduce placement levels:
Esperanza –Technical Assistance to Probation
Esperanza provides ongoing T.A. for Probation:PAT analysis (monthly)
Esperanza indicators (monthly)
Judge analysis (biannually)
EOP analysis (ongoing)
Data analysis and management (ongoing)
Trainings for Probation Officers (ongoing)
Support for Structural Reform (ongoing)
Support for Program Development (ESP, General Supervision)
NYC Juvenile Justice System: NYC Juvenile Justice System: Processing OverviewProcessing Overview
Parent
Detention
ProbationIntake
ProbationIntake
CorporationCounsel
CorporationCounsel
Arraignment(Initial
Appearance)
Arraignment(Initial
Appearance)Fact
FindingFact
Finding
Adjustment
DispositionDisposition
File
Pet
ition
RELEASE* OR
REMAND
Dismissal
ArrestArrest
Decline to Prosecute
Dismissal
ConditionalDischarge
Probation
Incarceration
Stage 1: Arrest to Arraignment
Stage 2:Trials and Hearings
Stage 3:Sentencing
Family Court
*Release option can occur at any stage of the process
Intensive Community
Program
Changes at Probation
DEPARTMENT OF PROBATION
Intake RevisedInvestigations
Re-engineeredSupervision
• I&R• PAT ESP
Alternatives to placement
Court DiversionNon-Judicial
Sanctions
General Supervision
DOP sought to reform its own business practices which were central to the issue.
Project Zero ReformsStage 1: Arrest to Arraignment Reform
•Increased cases adjusted at intake from 14% in 2003 to 29% in 2007.•Introduction of risk assessment tool (RAI ) for detention decision making and ATD referrals.
Parent
Bridges
ProbationIntake
ProbationIntake
CorporationCounsel
CorporationCounsel
Adjustment
File
Pet
ition
ArrestArrest
Decline to Prosecute
Stage 1: Arrest to Arraignment
Family Court
8552
101269201
1080012044
1389 1595 1658 21823271
5091 5039 52396197
5509
11361
1070
5788
0
2000
4000
6000
8000
10000
12000
14000
2002 2003 2004 2005 2006 2007
Juvenile Arrests Adjustments Petitions
NYC JJ System Trends(CY2002 – CY2007)
*SOURCES: NYPD, Law Dept, Probation
Arrests UP 41%
Adjustments UP 206%
Petitions UP 8%
JD Intake and Diversion
0
2000
4000
6000
8000
10000
12000
1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
JD Cases Adjusted
Rate of Diversion
2007 29%2006 20%2005 16%2004 17%2003 14%2002 10%2001 12%2000 12%1999 11%1998 11%
*SOURCE: DOP
•Utilization of ATDs and intensive community monitoring program•Electronic Investigation and Reports (I&Rs) sent to the courts•Decreased recommendations for placement with the use of evidence based risk assessment tool (PAT)
Project Zero ReformsStage 2: Trials and Hearings Reform
Arraignment(Initial
Appearance)
Arraignment(Initial
Appearance)Fact
Finding
Fact Finding
RELEASE OR
REMAND
Dismissal
Stage 2:Trials and Hearings
*Release option can occur at any stage of the process
Inve
stig
atio
n an
d R
epor
ts (I
&R
s)
What is the Probation Assessment Tool (PAT)?
Questionnaire that complements I&R narrative
Based on analysis of 730 NYC case files from April to June 2000
Re-arrest risk assessment Aim to separate safety to the community and needs of youth
Objective departmental guidelines to support POs’ recommendations
Continuum of Sentencing Options
Least Restrictive
Most Restrictive
• ACD
• ConditionalDischarge
• Probation
• Probation with Services
• ESP
• ESP (500)
• Esperanza (216)
•CASES (25)
• CCA (25)
Asset Level:
High
Asset Level:
MediumAsset Level:
Low
(Annual Capacity)
• OCFS Placement
93118%2007
108923%2006
119426%2005
125740%2004
Placement AdmitsPercent referred for placement
Placement recommendations and admits have decreased significantly
*SOURCE: DOP
Project Zero ReformsStage 3: Sentencing Reform
•Enhanced continuum of community sentencing options
- Enhanced Supervision Program (ESP)- Esperanza
DispositionDisposition
Dismissal
ConditionalDischarge
Probation
Incarceration
Stage 3:Sentencing
Intensive Community
Program
Supervision & Placements by Calendar Year since Project Zero
26372376
3138
1529
21072366
93110891194125712161225
0
500
1000
1500
2000
2500
3000
3500
2002 2003 2004 2005 2006 2007
Supervision Placements
Placements DOWN 24%
SOURCES: Probation, OCFS
Esperanza – Direct Services
Intensive community-based program with a family-centered approach.
Works to improve the level of family functioning including increased levels of supervision by caregivers and enhanced communication between family members.
Ensures that the youth is program compliant, attending school, and involved in pro-social activities.
Upon completing the program, Esperanza youth remain with a PO who has been a member of their therapeutic team from the first day of sentencing.
Since program inception, 391 kids have successfully completed Esperanza
Completed 391
Terminated 209
*Data through 3/31/08
Average completion rate is 64%.
Case Closed Other
11
ACC Position on Esperanza Acceptances(Six Month Periods: Jun.2003 – Dec.2007)
84%81% 79% 77%
85%91% 92%
89%
77%
25% 24% 24%
47%
66%
50%
59%
44%
60%
41%
50%
34%
53%
76%76%75%
56%
40%
0%
20%
40%
60%
80%
100%
Jun 03 - Dec 03
Jan 04 - Jun 04
Jul 04 - Dec 04
Jan 05 - Jun 05
Jul 05 - Dec 05
Jan 06 - Jun 06
Jul 06 - Dec 06
Jan 07 - Jun 07
Jul 07 - Dec 07
% Enrolled
Opposed/Testimony
Consent
Changes in Esperanza kids accepted
41%
19%
34%
28%
37%
46%
39%
47%
41%
49%
0%
10%
20%
30%
40%
50%
60%
Legal History VOP atintake
Felonycharges
Violentcharges
AgainstPersoncharges
FY04FY07
Program Outcomes and RecidivismOCFS Recidivism
Study
• Within 9 months of release from placement, more than 50% of young people were re-arrested.
• 81% of males were re-arrested within 36 months of release.
1999 DCJS Study
Esperanza• 64% of enrolled youth have successfully
completed the program.
• In FY07, 16% of probationers in Esperanza were re-arrested.
• 74% of Esperanza youth have remained out of placement within 9 months of release.
Enhanced Supervision Program (ESP)• Preliminary data indicates that 65% of ESP
youth are successfully completing probation.
• In FY07, 14% of probationers in ESP were re-arrested.
General Supervision• In FY07, 9% of probationers on General
Supervision were re-arrested.
Potential Cost Savings
Esperanza: From Program Inception through March 2008
“The Mayor’s Office of Management and Budget has projected $43.0 million in savings over the next four years as a result of declining numbers of youth placed in OCFS-run facilities”*
Estimated Cost Savings$21,283,432.00
Estimated Cost Savings$21,283,432.00
*NYC IBO, “Inside the Budget”, 2006
Building on Project Zero
Further investment in JJ reforms by the Bloomberg Administration
Development of the Juvenile Justice Initiative (JJI) to address the overlap in population between child welfare and juvenile justice systemDevelopment of the Collaborative Family Initiative (CFI) to provide services to youth leaving detention facilities
In January 2008, OCFS Commissioner, Gladys Carrion, announced a plan to close 6 facilities due to underutilization and poor outcomes
Recognition for Project Zero
Recently selected as one of 50 semi-finalists for Harvard's national Innovations in Government Award Also selected as one of 8 finalists for the Annie E. Casey Innovations Award in Children and Family System Reform
Lessons for other jurisdictions
Public/private partnershipAnalyze every step of the processUtilize objective measures and toolsBuy-in from system playersPlan ahead to recoup cost savings