PENNSYLVANIA TASK FORCE
Nationally, diversion programs have been shown to be effective in reducing recidivism and local jail populations and in increasing judicial efficiency. Diversion programs offer defendants alternatives to standard case processing through the criminal justice system with the goal of reducing the likelihood of further arrests through appropriate intervention based on a thorough assessment of defendant needs.
The Youth Aid Panel (YAP) in Pennsylvania has been in existence since 2000, and there are YAP programs in about 22 different locations around Montgomery County. YAP gives approximately 600 juveniles annually the opportunity for a second chance at becoming productive citizens. 95-98% of juveniles have successfully completed the program and the vast majority never again become involved in the juvenile justice system. Identifying the Problem Initial data of juvenile arrests from 2010 was collected from the PA Uniform Crime Reporting Program for all geographic locations in Montgomery County. From this data, a Relative Risk Index (RRI) was calculated for each location to give a starting point in identifying problem areas. This information was later updated with 2011 and 2012 data and Montgomery County District Court data through the district judge on the RJIP committee and the Montgomery County Juvenile Probation Office (JPO). This data also outlined the top 15 reasons for Black referral to the JPO compared with white referrals. This allowed the determination of 3 main categories in which there is a disproportionate number of Black referrals compared to white referrals. These categories are: Simple Assault, Disorderly Conduct, and Retail Theft. Subsequently, 10 locations were identified based on their RRI, size of total population, size of the population of color, and number of arrests. After consulting with law enforcement from several of the 10 target DMC jurisdictions, the Pennsylvania Task Force decided to implement a pilot diversion program for juveniles arrested for summary offenses in Montgomery County to address the identified disparity. The Pennsylvania Task Force recently traveled to Brooklyn, New York to participate in the juvenile diversion program run by the RJIP Brooklyn Task Force that is currently being funded by the Public Welfare Foundation. During this visit, the Pennsylvania Task Force met with the Center of Court Innovation to discuss potential curriculums and the implementation of a new diversion program fitting for their jurisdiction. To view the process of implementing this reform click here. An Identified Solution After speaking with the District Attorney, the Task Force decided not to create a separate diversion program but instead supplement the current program by expanding eligibility of the current program and measuring it for effectiveness. RJIP staff created a brochure to inform parents and prospective juveniles that would enter the program about the eligibility. The Montgomery County RJIP Task Force is pleased to announce the October 1, 2014 implementation of the Montgomery County DMC Pilot Juvenile Diversion Program utilizing the Montgomery County District Attorney's Youth Aid Panel (YAP) program in cooperation with the Upper Merion Township Police Department. This pilot diversion program will offer juveniles of color accused of summary offenses an opportunity to avoid "arrest" or initiation of court process by completing YAP program requirements as an alternative adjudication. Pilot Diversion Program Brochure HERE Project Update! In February 2015, the Pilot Division Program was expanded to include four new townships: Upper Merion, Norristown, East & West Norriton, and Limerick. Project Update! With the pilot program now drawing participants from 4 new Townships, the Pennsylvania Task Force hopes to achieve its target sample of 30 participants soon. Following the completion of the pilot program, the results of the pilot program can be determined. YAP Pilot Program Flow Chart: Below is a flow chart outlining the steps for referral to the YAP pilot program, the process juveniles will follow during the duration of their involvement with YAP, from first contact through completion, and the committee's follow-up procedures.
On December 18th, 2015, the Montgomery County RJIP Task Force held its Juvenile Justice Training Conference at the Montgomery County Human Services Center. The conference was well attended and included presentations by Pennsylvania Judge Christopher Cerski on RJIP data, RJIP Program Director Salma Safiedine on Implicit Bias, Geoffrey Kolchin on Juvenile Diversion Programming and Montgomery County Task Force Facilitator Angela Bell on Youth Aid Panel Progress. To view the conference agenda, click here. |
Technical Assistance and Peer-to-Peer Site Visit: Pretrial Reform and Juvenile Justice
On January 16, 2015, members of the Pennsylvania and North Carolina Task Forces traveled to New York City to meet with representatives from the Center for Court Innovation, the Criminal Justice Agency, and RJIP staff to discuss progress and future steps. For the full agenda, please see here. Aggression Replacement Training Program
The Montgomery County RJIP has identified the areas of DMC contact at the arrest level by township as well as at the level of issuing petitions to JPO. The areas of DMC in Montgomery County at the petition-level can be grouped as (1) anger/aggression evidenced by assaults and fighting, and (2) theft (either retail, receiving stolen property, etc.). In response to the data, the Montgomery County DMC Initiative is proposing to offer a national model program that has demonstrated a reduction in juvenile problem behavior: Aggression Replacement Training (ART). Aggression Replacement Training (ART) is a research-based, proven-effective approach for helping youth understand and control their anger. ART is provided through 30 group sessions that are 1 hour in length. The sessions are held 3 days per week for 10 weeks. Staff from The Academy Community-Based Services will lead these sessions. The Academy was trained by the program developer for ART in Fall 2013. ART is used as a diversion program for youth that are diverted for offenses such as simple assault and disorderly conduct (fighting) as opposed to being petitioned to juvenile court. The objectives of ART are to assist youth to:
Since July 2014, 23 youths have participated in ART and 13 youths have completed it. Youth completed a series of pre and post-test instruments which revealed the following outcomes:
The full data report highlighting the current success of ART can be seen (here). The Montgomery County Disproportionate Minority Contact (DMC) Committee under the auspice of the Pennsylvania Commission on Crime and Delinquency (PCCD) hosted a training on DMC, Monday January 13, 2014. For more information, please click here.
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Juvenile Justice Training: |
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NCJA's Regional Conferences on Pretrial Justice Reform
The Pennsylvania Task Force will hold a panel to discuss RJIP's mission, its model, its success in the project in Montgomery County, PA with juvenile diversion. The Conference will be held on June 9, 2016 between 9:30 - 10:30 AM at the University of Baltimore, School of Law, Maryland. |
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RESOURCES
Diverting Shoplifters: A Research Report and Planning Guide
Youth Aid Panel Memorandum of Understanding
Pilot Diversion Program Brochure
Guide to Developing Pre-Adjudication Diversion: Policy and Practice In Pennsylvania
Philadelphia Police Continue Stop and Frisks Without Reasonable Suspicion
The Philadelphia Police Department continues to stop and frisk tens of thousands of individuals --particularly people of color -- without legal justification, according to a recent report by the ACLU of Pennsylvania and the law firm of Kairys, Rudovsky, Messing & Feinberg. This is the fifth report since the city entered into a consent decree in 2011 following a lawsuit about its stop and frisk practices.
The report found that 37% of the over 200,000 pedestrian stops in 2014 and 39% of frisks were made without reasonable suspicion. Additionally, although Philadelphia's population is 55% Black or Hispanic, people of color accounted for 80% of stops and 89% of frisks. The report notes that factors other than an individual’s race, such as neighborhood demographics or crime rates, do not fully explain these racially disparate outcomes. Furthermore, the report found that contraband was seized in only 5% of frisks in 2013. Attorney David Rudovsky explains: “The department has done a lot of retraining, but unless you properly supervise and hold people accountable, it's hard to get results.”
Diverting Shoplifters: A Research Report and Planning Guide
Youth Aid Panel Memorandum of Understanding
Pilot Diversion Program Brochure
Guide to Developing Pre-Adjudication Diversion: Policy and Practice In Pennsylvania
Philadelphia Police Continue Stop and Frisks Without Reasonable Suspicion
The Philadelphia Police Department continues to stop and frisk tens of thousands of individuals --particularly people of color -- without legal justification, according to a recent report by the ACLU of Pennsylvania and the law firm of Kairys, Rudovsky, Messing & Feinberg. This is the fifth report since the city entered into a consent decree in 2011 following a lawsuit about its stop and frisk practices.
The report found that 37% of the over 200,000 pedestrian stops in 2014 and 39% of frisks were made without reasonable suspicion. Additionally, although Philadelphia's population is 55% Black or Hispanic, people of color accounted for 80% of stops and 89% of frisks. The report notes that factors other than an individual’s race, such as neighborhood demographics or crime rates, do not fully explain these racially disparate outcomes. Furthermore, the report found that contraband was seized in only 5% of frisks in 2013. Attorney David Rudovsky explains: “The department has done a lot of retraining, but unless you properly supervise and hold people accountable, it's hard to get results.”