Legislature(2009 - 2010)BELTZ 105 (TSBldg)

01/27/2010 01:30 PM Senate JUDICIARY


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01:32:42 PM Start
01:33:15 PM Juvenile Justice Overview
03:06:26 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview: Juvenile Justice Programs TELECONFERENCED
-- Testimony <Invitation Only> --
                      ALASKA STATE LEGISLATURE                                                                                
                SENATE JUDICIARY STANDING COMMITTEE                                                                           
                          January 27, 2010                                                                                      
                             1:32 p.m.                                                                                          
                                                                                                                                
MEMBERS PRESENT                                                                                                              
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Dennis Egan                                                                                                             
Senator Lesil McGuire                                                                                                           
Senator John Coghill                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Overview: Juvenile Justice Programs                                                                                             
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to report.                                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
STEVE MCCOMB, Director                                                                                                          
Division of Juvenile Justice                                                                                                    
Alaska Department of Health and Social Services                                                                                 
Anchorage, AK                                                                                                                   
POSITION STATEMENT:                                                                                                           
                                                                                                                                
CHRIS AGLOINGA, Juvenile Probation Officer                                                                                      
Division of Juvenile Justice                                                                                                    
Department of Health and Social Services (DHSS)                                                                                 
POSITION STATEMENT:  expert in aggression replacement training                                                                
                                                                                                                                
RAY MICHAELSON, Program Coordinator                                                                                             
Division of Juvenile Justice                                                                                                    
Alaska Department of Health and Social Services                                                                                 
POSITION STATEMENT:  Performance-based standards (PBS)                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:32:42 PM                                                                                                                    
CHAIR  HOLLIS   FRENCH  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to  order at 1:32 p.m.  Senators McGuire, Egan,                                                               
Coghill and  French were  present at the  call to  order. Senator                                                               
Wielechowski arrived shortly thereafter.                                                                                        
                                                                                                                                
                   ^JUVENILE JUSTICE OVERVIEW                                                                               
                                                                                                                                
CHAIR FRENCH  announced the business  before the committee  is to                                                               
get an overview  of the way the criminal justice  system works in                                                               
Alaska for juveniles.                                                                                                           
                                                                                                                                
1:33:15 PM                                                                                                                    
STEVE  MCCOMB,  Director,  Division of  Juvenile  Justice  (DJJ),                                                               
Alaska  Department   of  Health   and  Social   Services  (DHSS),                                                               
introduced his team members and said  the overview will cover the                                                               
youth  level   of  service  (YLS)   inventory;  performance-based                                                               
standards  PbS; and  aggression  replacement  training (ART).  He                                                               
displayed a map  showing the locations of 16  DJJ field probation                                                               
offices  and  8  youth  facilities  statewide  and  informed  the                                                               
committee  that  the DJJ  mission  is  based on  the  restorative                                                               
justice philosophy of repair the harm.  The components are: 1) to                                                               
hold the juvenile  offender accountable for his/her  behavior; 2)                                                               
to   promote  the   safety  and   restoration   of  victims   and                                                               
communities;  and 3)  to  help the  youths  and families  develop                                                               
skills to prevent future crimes.                                                                                                
                                                                                                                                
In  2003  DJJ  developed  a system  improvement  plan  using  the                                                               
Washington State for Public Policy  evidence-based practices as a                                                               
roadmap.  Early failures  illustrated the  importance of  program                                                               
fidelity and since then the results have been good.                                                                             
                                                                                                                                
1:38:42 PM                                                                                                                    
MR.  MCCOMB explained  that  youths  enter the  juvenile  justice                                                               
system  by  committing  an  offense that  would  be  a  crime  if                                                               
committed by an adult. For  initial low-level property crimes the                                                               
cases are often  handled informally without involving  the court.                                                               
For example, the  youth might be directed to work  for the victim                                                               
to repair  the harm. The court  becomes involved when  the crimes                                                               
are more serious or repeat offenses.                                                                                            
                                                                                                                                
CHAIR  FRENCH questioned  how  much discretion  DJJ  has at  that                                                               
critical juncture between informal and formal resolution.                                                                       
                                                                                                                                
MR. MCCOMB replied  it's a fair amount; the  intake officer makes                                                               
the  initial  decision  and the  office  supervisor  reviews  the                                                               
cases. A discussion ensues when they don't agree.                                                                               
                                                                                                                                
CHAIR FRENCH  asked if there is  an automatic review  for serious                                                               
crimes.                                                                                                                         
                                                                                                                                
MR. MCCOMB explained that DJJ  automatically calls the DAs office                                                               
when the crime  is serious. Responding to a  further question, he                                                               
explained  that more  serious  crimes could  be  waived to  adult                                                               
court.                                                                                                                          
                                                                                                                                
TONY  NEWMAN,  Social  Services   Program  Officer,  Division  of                                                               
Juvenile Justice  (DJJ), Office of Youth  Corrections, Department                                                               
of Health  and Social  Services (DHSS),  added that  an automatic                                                               
waiver  applies to  youths 16  years of  age and  older who  have                                                               
committed serious  offenses. The  department may  petition for  a                                                               
discretionary waiver for any age youth  and for any crime, but it                                                               
must  substantiate   the  reasoning.  Responding  to   a  further                                                               
question,  he confirmed  that  there is  no  statutory lower  age                                                               
limit for a discretionary waiver.                                                                                               
                                                                                                                                
MR.  MCCOMB  displayed  a  chart   showing  that  71  percent  of                                                               
juveniles on  supervision were  at home  and 29  percent were  in                                                               
custody.  He  explained  the  next  chart  showing  a  remarkable                                                               
downward  trend  in  DJJ  referrals  between  2003  and  2009  as                                                               
follows: 1) The  law changed and Title 47 mental  health and non-                                                               
crime inebriate cases now go to  an emergency shelter rather than                                                               
detention; and  2) Increased  dialog among  the Anchorage  Police                                                               
Department,  Military  Police,  FBI,  and  DJJ  on  gang  related                                                               
issues. Youths  who continue  to commit  crimes are  placed in  a                                                               
more secure setting.                                                                                                            
                                                                                                                                
1:46:54 PM                                                                                                                    
SENATOR COGHILL observed that the  Fairbanks police estimate that                                                               
they  apprehend  just   one  in  fifty  underage   drinkers,  and                                                               
questioned how the  trend line might change if  this weren't such                                                               
an issue. [A response to this question was provided in a follow-                                                                
up letter to Senator French dated February 2, 2010.]                                                                            
                                                                                                                                
CHAIR  FRENCH asked  if  the minor  in  possession citations  are                                                               
reflected in these statistics.                                                                                                  
                                                                                                                                
MR. MCCOMB answered no.                                                                                                         
                                                                                                                                
CHAIR  FRENCH  asked what  the  national  trend is  for  juvenile                                                               
crime.                                                                                                                          
                                                                                                                                
MR. MCCOMB replied  it's similar; there's a  nationwide decrease.                                                               
Continuing with the presentation, he  explained that the decrease                                                               
in  crime  has   afforded  DJJ  the  opportunity   to  transition                                                               
underutilized facility resources into  preventative programs. The                                                               
Community Detention Program  at McLaughlin Youth Center  has been                                                               
very successful.  DJJ partners  with the  school district  so the                                                               
youth  receive  education  in  the  morning  and  community  work                                                               
service activities in  the afternoon. DJJ is  trying to implement                                                               
a similar program  at the Johnson Youth Center  but resources are                                                               
limited.                                                                                                                        
                                                                                                                                
The  "Step  Up"  Program,  which is  a  partnership  between  the                                                               
Anchorage School  District, Nine Star,  and Anchorage  United for                                                               
Youth,  was designed  for  students who  have  been suspended  or                                                               
expelled from  school for aggressive  behavior. To get  back into                                                               
school the student must complete  a course on aggression training                                                               
and then demonstrate  to the school board  or superintendant that                                                               
he/she  is  worthy of  reentry.  Responding  to a  question  from                                                               
Senator  French,  he  clarified  that  the  school  provides  the                                                               
teacher,  Nine  Star  provides the  building,  and  DJJ  provides                                                               
supervision, community  work service  and the  10-week aggression                                                               
replacement  training.   Anchorage  United  for   Youth  provides                                                               
financial support.  Responding to a  question from  Senator Egan,                                                               
he  confirmed  that the  chart  doesn't  reflect data  from  this                                                               
intervention. The students  have committed a school  offense, not                                                               
a crime.                                                                                                                        
                                                                                                                                
1:51:27 PM                                                                                                                    
MR.  MCCOMB  displayed  a  chart   showing  the  demographics  of                                                               
referrals statewide and  noted that the Alaska  Native population                                                               
is  disproportionately  large.  Alaska  Natives  represent  16-17                                                               
percent of  the population statewide,  whereas they  represent 30                                                               
percent of the referrals.                                                                                                       
                                                                                                                                
SENATOR  COGHILL asked  if  the Ann  E.  Casey Foundation  worked                                                               
within DJJ when it looked at population representation.                                                                         
                                                                                                                                
MR. MCCOMB said  no, but the Office of  Children's Services (OCS)                                                               
and DJJ work  together and share information to  address the same                                                               
issue.                                                                                                                          
                                                                                                                                
MR.  MCCOMB pointed  out that  the  chart also  indicates that  1                                                               
percent of  the referrals are  younger than  10 years of  age. He                                                               
explained that youths  who are detained for fire  starting at age                                                               
8 or 9  and who also mutilate  animals clearly need help  and are                                                               
referred  for   neurological  study.   Once  youths   with  these                                                               
behaviors go  on to commit  a crime,  they fit in  the nationally                                                               
recognized category of serious habitual  offenders. A juvenile in                                                               
this category is very likely to end up in the adult system.                                                                     
                                                                                                                                
1:56:22 PM                                                                                                                    
SENATOR MCGUIRE  asked what  neurological anomalies  they see  in                                                               
the 10 and under age group.                                                                                                     
                                                                                                                                
MR. MCCOMB  offered to  provide the  information in  a follow-up.                                                               
[An answer was  provided in a follow-up letter  to Senator French                                                               
dated February 2, 2010.]                                                                                                        
                                                                                                                                
SENATOR MCGUIRE  asked if these  youths can receive  treatment in                                                               
Alaska.                                                                                                                         
                                                                                                                                
MR. MCCOMB said  his experience is that  kids that need a  lot of                                                               
neurological treatment  are sent out  of state. He  recalled that                                                               
Wisconsin has a facility.                                                                                                       
                                                                                                                                
SENATOR COGHILL  observed that about  one-third of  the juveniles                                                               
are under  age 16 and asked  for an explanation of  the reporting                                                               
process.                                                                                                                        
                                                                                                                                
MR. MCCOMB  related that  if a  youth indicates  that he/she  was                                                               
physically or sexually  abused by someone in the  home, DJJ makes                                                               
a referral to OCS.                                                                                                              
                                                                                                                                
SENATOR  MCGUIRE encouraged  DJJ to  continue to  gather data  to                                                               
help address the issue of sexual assault and abuse of youths.                                                                   
                                                                                                                                
MR. MCCOMB  informed the committee  that the data  indicates that                                                               
youths who  receive treatment early-on  after having  committed a                                                               
sex crime  may, in fact,  go on to  commit another crime;  but it                                                               
probably won't be a sex crime.                                                                                                  
                                                                                                                                
2:00:32 PM                                                                                                                    
MR. MCCOMB highlighted that 46 percent  of the youths referred to                                                               
DJJ have some  form of DSM-IV [Diagnostic  and Statistical Manual                                                               
of Mental Disorders,  4th Edition] diagnosis. This  is lower than                                                               
the  national  average, but  that  might  be because  DJJ  hasn't                                                               
implemented an intake screening tool  for mental health. DJJ does                                                               
recognize the need to address this gap, he said.                                                                                
                                                                                                                                
SENATOR MCGUIRE  asked if  the mental  health disorder  diagnosis                                                               
includes acquired brain injury.                                                                                                 
                                                                                                                                
MR. MCCOMB replied  DJJ hasn't got a process  for identifying TBI                                                               
at this time,  but an expert on traumatic brain  injury (TBI) who                                                               
works at McLaughlin  has reported seeing 6-7 youths  who have TBI                                                               
and he's working with the staff on ways to assist them.                                                                         
                                                                                                                                
SENATOR MCGUIRE  encouraged him to  get involvement in  the brain                                                               
injury  network  because  Alaska  has the  highest  rate  in  the                                                               
nation.                                                                                                                         
                                                                                                                                
SENATOR COGHILL  asked him to  identify the  largest co-occurring                                                               
issues.                                                                                                                         
                                                                                                                                
MR. MCCOMB replied they are alcohol  and marijuana. He added that                                                               
the  crimes that  juveniles commit  don't vary  much and  largely                                                               
tend to be property crimes.                                                                                                     
                                                                                                                                
2:04:51 PM                                                                                                                    
MR. MCCOMB  displayed a chart  showing recidivism data  from 2004                                                               
through the first  half of 2008 and  said the base line  is 30-32                                                               
percent.                                                                                                                        
                                                                                                                                
CHAIR FRENCH  asked if the measure  of recidivism is the  same as                                                               
for adults, which is to reoffend within three years.                                                                            
                                                                                                                                
MR. NEWMAN  replied the measure  DJJ uses  is within one  year of                                                               
release  from confinement.  Responding to  further questions,  he                                                               
explained that the blue bars on  the chart represent release from                                                               
formal probation and  the red bars reflect youths  that have been                                                               
in secure treatment.                                                                                                            
                                                                                                                                
CHAIR FRENCH summarized  that the red bar  representing treatment                                                               
would be release  from a facility like McLaughlin  jail while the                                                               
blue bar representing  probation would be release  from something                                                               
other  than  jail.   He  observed  that  for   FY07,  45  percent                                                               
reoffended within  one year of release  from jail and  30 percent                                                               
reoffend within one year of release from probation.                                                                             
                                                                                                                                
MR. MCCOMB  agreed and added that  the trend line increased  at a                                                               
disturbing  rate. DJJ  did some  research and  found that  Alaska                                                               
Natives  were  the  population  of concern.  He  noted  that  the                                                               
Council of  Juvenile Correctional Administrators has  brought all                                                               
the states  together to develop  a national  recidivism standard.                                                               
He opined that this will be a difficult goal to meet.                                                                           
                                                                                                                                
2:07:53 PM                                                                                                                    
SENATOR WIELECHOWSKI joined the committee.                                                                                      
                                                                                                                                
SENATOR EGAN  asked if  the recidivism  rates are  the same  from                                                               
region to region.                                                                                                               
                                                                                                                                
MR. MCCOMB  replied they are different  and he will  provide that                                                               
information in a subsequent slide.                                                                                              
                                                                                                                                
SENATOR COGHILL  observed that the  numbers wouldn't  be accurate                                                               
after age 17.                                                                                                                   
                                                                                                                                
MR. NEWMAN  said DJJ  looks in the  ABSUM system  to see  if kids                                                               
reoffend after they turn 18.                                                                                                    
                                                                                                                                
MR. MCCOMB  added that  some states  stop counting  when a  youth                                                               
moves  from one  county to  another  so those  look like  success                                                               
stories.  That's why  it's important  to compare  Alaska data  to                                                               
states that have the same standard of measure.                                                                                  
                                                                                                                                
2:10:05 PM                                                                                                                    
He displayed  a slide  of treatment  recidivism by  race category                                                               
and  said this  breakdown  made obvious  the  need  to work  with                                                               
Alaska Natives.  To that end,  they visited villages  where there                                                               
is lots  of delinquent  activity and  asked about  what resources                                                               
were  available to  keep youths  in the  village. Likewise,  they                                                               
asked about  available resources that  would keep  kids returning                                                               
from McLaughlin or  the Fairbanks Youth Facility  from committing                                                               
new crimes.  We recognize  that we'll need  to work  closely with                                                               
Native corporations  and school districts,  but it's  exciting to                                                               
do things differently, Mr. McComb said.                                                                                         
                                                                                                                                
CHAIR  FRENCH described  the graph  as  stunning; the  recidivism                                                               
rate for  Alaska Natives in  FY04 was 21  percent and it  was 300                                                               
percent higher in FY06. He asked his sense of what's going on.                                                                  
                                                                                                                                
MR. NEWMAN pointed  out that just 100-150 kids  are released from                                                               
juvenile treatment per year  so a change of just a  few kids in a                                                               
category results in a large percentage increase.                                                                                
                                                                                                                                
MR. MCCOMB  said they can  surmise that  in FY04 they  released a                                                               
lot of  Alaska Natives  who were  sex offenders,  but they  don't                                                               
know for sure.  Several years ago he contacted 10  youths who had                                                               
reoffended  and  were  again  in custody  and  these  youths  the                                                               
strength  of the  program to  the  school districts  and the  DJJ                                                               
staff. In  fact, young adults have  come back to say  they credit                                                               
the  staff for  their  ultimate success.  In  conclusion he  said                                                               
they've learned  that success  hinges on  following the  evidence                                                               
based models  closely and  quality assurance  measures to  ensure                                                               
that they maintain fidelity of the model.                                                                                       
                                                                                                                                
CHAIR  FRENCH  asked if  that's  something  they don't  have  the                                                               
manpower to do.                                                                                                                 
                                                                                                                                
MR. MCCOMB  replied he hasn't  sold the commissioner,  the Office                                                               
of  Management  and Budget,  or  the  governor  on the  value  of                                                               
quality assurance  and training so that  evidence-based practices                                                               
can be demonstrated and done correctly.                                                                                         
                                                                                                                                
CHAIR FRENCH asked how many people he needs.                                                                                    
                                                                                                                                
MR. MCCOMB  replied they  need three  PCNs statewide;  one person                                                               
for quality assurance and two for training to ensure fidelity.                                                                  
                                                                                                                                
2:16:43 PM                                                                                                                    
TONY  NEWMAN,  Social  Services   Program  Officer,  Division  of                                                               
Juvenile Justice  (DJJ), Office of Youth  Corrections, Department                                                               
of Health and Social Services  (DHSS), said his presentation will                                                               
focus on  the youth  level of  service/case management  inventory                                                               
("The  YLS") and  why he  believes that  the proper  use of  this                                                           
assessment tool  will attain  the two  mutual goals  of evidence-                                                               
based  practices -  to  increase public  safety  and enhance  the                                                               
state's  value.  He  noted  that  in  a  recent  publication  the                                                               
Washington   Institute   for   Public   Policy   indicated   that                                                               
establishing  a good  assessment process  for  juveniles was  the                                                               
foundation for developing and using  a program based on evidence-                                                               
based practices "because you can't  know what kind of programming                                                               
you need until you know what kind of needs your juveniles have."                                                                
                                                                                                                                
MR.  NEWMAN related  that five  years ago  the division  director                                                               
asked him to help bring The YLS  into use around the state. Doing                                                               
so helped  him to  see that  there is  an answer  to what  puts a                                                               
youth at increased risk for delinquent  behavior and what makes a                                                               
youth  go on  to recidivate.  Basically, there  are eight  strong                                                               
risk factors for delinquent behavior.                                                                                           
                                                                                                                                
  · A history of offending                                                                                                      
  · Challenging family circumstances                                                                                            
  · Difficulties in education and employment                                                                                    
  · Poor peer relations                                                                                                         
  · Substance abuse                                                                                                             
  · Few leisure activities or interests                                                                                         
  · Pro-criminal behavior or personality                                                                                        
  · Pro-criminal attitudes                                                                                                      
                                                                                                                                
The more  risk factors a  youth has, the  more likely it  is that                                                               
he/she will continue to commit crimes.                                                                                          
                                                                                                                                
2:19:26 PM                                                                                                                    
Risk factors  such as  socio-economic status,  personal distress,                                                               
mental illness, family structure,  learning disabilities, abusive                                                               
parents, and low  self-esteem are often assumed to  be related to                                                               
delinquency, but are  either weakly linked or not  linked at all.                                                               
However, that's  not to  say that  they don't  have to  work with                                                               
these factors  to overcome  delinquency once  a youth  is in  the                                                               
system, he said.                                                                                                                
                                                                                                                                
CHAIR FRENCH asked him to  distinguish between challenging family                                                               
circumstances,  which  is  a  strong   risk  factor,  and  family                                                               
structure, which is a weak link.                                                                                                
                                                                                                                                
MR. NEWMAN  explained that  the former  looks at  whether or  not                                                               
parental discipline  and supervision  is appropriate  and whether                                                               
there's a  positive relationship  between the  child and  parent,                                                               
whereas   family  structure   is   talking  about   single-parent                                                               
households.                                                                                                                     
                                                                                                                                
CHAIR FRENCH  summarized that moving  between the  mother's house                                                               
and  father's house  after  a divorce  isn't  necessarily a  risk                                                               
factor  for  delinquent behavior  as  long  as both  parents  are                                                               
reasonably  involved  in  establishing  lines  of  authority  and                                                               
oversight.                                                                                                                      
                                                                                                                                
MR. NEWMAN agreed.                                                                                                              
                                                                                                                                
2:21:16 PM                                                                                                                    
MR.  NEWMAN  said some  of  the  eight  strong risk  factors  for                                                               
delinquency are  static and  some are dynamic.  Once a  youth has                                                               
committed  an offense  or  had an  educational  failure we  can't                                                               
change that, he said, but we can  help to change a youth's family                                                               
circumstances,  educational   goals,  and  friendships.   A  good                                                               
assessment tool will  help to determine what risk  factors can be                                                               
changed and we  can provide guidance on  what to do with  a youth                                                               
and his/her family to address the  problems he/she is having that                                                               
results in delinquency.                                                                                                         
                                                                                                                                
In addition, a  good assessment tool will  minimize the influence                                                               
of biases  and perceptions about youth,  he said. For  example, I                                                               
may look  at a  youth and  see someone  who is  rowdy and  a risk                                                               
taker but not  too much trouble; whereas you may  think that same                                                               
kid needs  to be  locked up immediately.  A good  assessment tool                                                               
will help set an  objective set of criteria so we  both reach the                                                               
same conclusion  about what needs  to be  done about a  youth. It                                                               
will  help guide  decisions better  on  what the  youth needs  in                                                               
terms of  services or  placements and hopefully  it will  lead to                                                               
increased public safety. The idea is  that the kids with the most                                                               
intensive needs will receive the most intensive services.                                                                       
                                                                                                                                
2:22:47 PM                                                                                                                    
CHAIR FRENCH  noted that  Alaska Natives  are overrepresented  in                                                               
the  juvenile justice  system  and  asked what  assurance  Alaska                                                               
Native  groups have  that there  isn't some  tool that's  working                                                               
against them.                                                                                                                   
                                                                                                                                
MR.  NEWMAN replied  a  good assessment  tool  should be  neutral                                                               
across races. He  added that an appealing factor  about this tool                                                               
is that  it's widely  used and  has been  validated among  remote                                                               
northern  Canadian indigenous  populations  that  are similar  to                                                               
Alaska  Native villages.  It's specific  to juvenile  delinquency                                                               
and  it  settles on  those  major  risk  factors that  have  been                                                               
identified through  research. The  format is  also good  for case                                                               
management flowing  directly from  the assessment  results, which                                                               
encourages probation  officer to look  at the  assessment results                                                               
and determine how to set up a case plan based on those results.                                                                 
                                                                                                                                
MR. NEWMAN highlighted the following features of The YLS:                                                                       
  · It's completed after in-depth interviews with the youth,                                                                    
     parents, and others familiar with the youth.                                                                               
  · It asks 42 questions on the eight major risk factors.                                                                       
  · It has strict scoring criteria to limit subjectivity. For                                                                   
     example, one question asks whether parental discipline is                                                                  
     appropriate.                                                                                                               
  · It allows room for professional discretion to adjust the                                                                    
        final risk/need level recognizing that there may be                                                                     
    information that isn't in the questionnaire that may impact                                                                 
    the way the probation officer needs to work with the youth.                                                                 
                                                                                                                                
The YLS  was introduced statewide in  2005 and is used  on youths                                                               
who have  been adjudicated delinquent in  court and are  at least                                                               
age 12.  The youth  is re-assessed every  six months  that he/she                                                               
remains  on probation  supervision or  following  release from  a                                                               
secure or non-secure residential program.                                                                                       
                                                                                                                                
CHAIR FRENCH asked  what percentage of their  annual referrals go                                                               
through this formal assessment.                                                                                                 
                                                                                                                                
MR. NEWMAN  estimated that it's  on the  order of 30  percent. He                                                               
added that one of the most valuable  aspects of this tool is that                                                               
it's integrated with  the juvenile offender database  so they can                                                               
readily get reports on these kids.                                                                                              
                                                                                                                                
2:26:58 PM                                                                                                                    
MR. NEWMAN displayed  a graph showing the  assessment information                                                               
the probation  officer receives  on the  youth's overall  risk to                                                               
reoffend  based on  the  [interview and]  answers  to those  [42]                                                               
questions. The sample graph reflected a  total score of 23, which                                                               
means  that the  youth  will be  supervised  at the  high-contact                                                               
level by  the probation officer.  He noted that  the computerized                                                               
version of  the assessment  also breaks down  the total  score by                                                               
risk factor  to show in what  area(s) the youth has  the greatest                                                               
needs. In the  example the youth scored high  in offense history,                                                               
peer relations,  substance abuse,  and leisure/recreation  needs.                                                               
These are the specific areas to work  on if the youth is going to                                                               
have his/her risk of recidivism reduced.                                                                                        
                                                                                                                                
MR. NEWMAN  displayed a  graph of  the average  total YLS  scores                                                               
from  17  youths   both  before  they  went   into  treatment  at                                                               
McLaughlin  or  another  youth  facility   and  after  they  were                                                               
released. Interestingly,  he said, the youths  who did not  go on                                                               
to reoffend  started at high  risk but following  treatment their                                                               
scores fell  significantly into  the low  risk area;  whereas the                                                               
youths who  did go on  to reoffend  started in the  moderate risk                                                               
range  and remained  in that  range  during the  course of  their                                                               
treatment and afterwards. When he consulted  an author of The YLS                                                               
about  these puzzling  findings he  was  told that  it shows  the                                                               
importance  of  putting  the  right  kids  in  treatment  because                                                               
putting kids into treatment when  they aren't necessarily at high                                                               
risk  can increase  their  criminality.  He agreed  with  Senator                                                               
French's  observation  that  it's  the   idea  that  a  detention                                                               
facility can be a school for criminals.                                                                                         
                                                                                                                                
He displayed  a bar graph  showing the  risk/need scores of  a 17                                                               
year old non-recidivating  male from McLaughlin Youth  Center who                                                               
scored high  risk in seven of  the eight areas  pre-treatment and                                                               
lower  in  all but  the  offense  category several  months  after                                                               
treatment. In  five of the eight  areas his score had  dropped to                                                               
zero.                                                                                                                           
                                                                                                                                
2:31:06 PM                                                                                                                    
CHAIR  FRENCH  said  he  can see  how  someone  might  undergo  a                                                               
pronounced attitude change after spending  time at McLaughlin but                                                               
he  doesn't  understand   the  complete  change  in   family  and                                                               
parenting. He asked if the parents modified their behavior.                                                                     
                                                                                                                                
MR. NEWMAN  replied they'd like to  continue to use this  tool to                                                               
try to answer that question.                                                                                                    
                                                                                                                                
He displayed a similar bar graph showing  the scores of a 17 year                                                               
old male  from McLaughlin  Youth Center  who reoffended  within a                                                               
year of  release. His risk/need scores  increased in five  of the                                                               
eight categories.                                                                                                               
                                                                                                                                
CHAIR FRENCH asked  if the second assessment was  done before the                                                               
youth reoffended.                                                                                                               
                                                                                                                                
MR.  NEWMAN said  he isn't  sure; the  reassessment is  performed                                                               
within a few months  of release, but they look at  a full year to                                                               
see if a youth is a recidivist.                                                                                                 
                                                                                                                                
The YLS can  help answer what happened at the  youth facility and                                                               
afterward in the  community that made a difference  for the first                                                               
youth, but not the  second youth. Mr. Newman said that  on a more                                                               
global  level they  are  eager  to see  how  this  tool can  help                                                               
overall resource decisions.                                                                                                     
                                                                                                                                
2:33:07 PM                                                                                                                    
MR. NEWMAN  displayed two  bar graphs and  compared the  data for                                                               
the 11 youths who  did not go on to reoffend to  the data for the                                                               
6 youths who  did go on to  reoffend. The average scores  for the                                                               
non-recidivists dropped  in every category  while the  scores for                                                               
the recidivists dropped less. The more  we can unlock the secrets                                                               
of this  tool the more  we'll be  able to answer  questions about                                                               
what  services are  needed in  these  risk/need areas  statewide,                                                               
regionally, and individually, he said.                                                                                          
                                                                                                                                
MR. NEWMAN outlined the next steps in The YLS:                                                                                  
  · Ensure quality assurance                                                                                                    
       · Is the staff using the tool the way it's supposed                                                                      
          to be used?                                                                                                           
       · Is it being performed according to policy?                                                                             
       · Would two assessors score the same youth the same                                                                      
          way?                                                                                                                  
       · Is the staff adequately trained?                                                                                       
                                                                                                                                
He touched on what more The YLS can tell:                                                                                       
       · The difference between youths who reoffend and                                                                         
          those who don't.                                                                                                      
       · The programs that Alaska might need to decrease                                                                        
          recidivism.                                                                                                           
                                                                                                                                
MR. NEWMAN welcomed suggestions and  offered to meet individually                                                               
with the members.                                                                                                               
                                                                                                                                
2:35:41 PM                                                                                                                    
CHRIS AGLOINGA,  District Probation Supervisor in  Nome, Division                                                               
of Juvenile  Justice, Department  of Health  and Social  Services                                                               
(DHSS), said  she is  working on  her master's  certification for                                                               
aggression replacement  training (ART) and  that she will  be one                                                               
of six worldwide  to have this certification.  She explained that                                                               
ART is  a cognitive behavioral, multi-modal  curriculum comprised                                                               
of three interdependent components:                                                                                             
   · Structured learning training (SLT)                                                                                         
   · Anger control training (ACT)                                                                                               
   · Moral reasoning (MR).                                                                                                      
                                                                                                                                
The Office of  Juvenile Justice and Delinquency has  rated ART as                                                               
a model  program; it's  proven to  be cost-effective  through the                                                               
Washington State Institute for Public Policy.                                                                                   
                                                                                                                                
MS. AGLOINGA  said that  when they give  the training  they teach                                                               
the proverb "We stand on the  shoulders of our ancestors." to let                                                               
the facilitators know  that the information they're  providing is                                                               
based on  sound programs that  have longstanding success.  ART is                                                               
an effective program for highly aggressive youths.                                                                              
                                                                                                                                
When  delivered competently,  ART  has  an estimated  24  percent                                                               
reduction in felony recidivism in 18 months.                                                                                    
                                                                                                                                
CHAIR FRENCH asked who she trains.                                                                                              
                                                                                                                                
MS. AGLOINGA  replied she and the  other two trainers  train both                                                               
juvenile justice officers and probation officers.                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI  noted that  the ISER study  shows just  a 6                                                               
percent reduction in crime.                                                                                                     
                                                                                                                                
MS.  AGLOINGA acknowledged  that  the  ISER study  reflects  more                                                               
recent  data.  Continuing  with the  presentation  she  said  the                                                               
benefit to  cost ratio shows that  for every dollar spend  on ART                                                               
the eventual savings in future incarceration costs is $11.66.                                                                   
                                                                                                                                
2:39:07 PM                                                                                                                    
She mentioned  the following  Alaska Juvenile  Justice highlights                                                               
related to ART:                                                                                                                 
   · Training of ART facilitators began in 2004.                                                                                
   · More than 80 division staff and community partners have                                                                    
      been trained by the 3 active trainers.                                                                                    
    · More than 400 youths statewide have attended ART classes.                                                                 
   ·  Classes are offered to youth under DJJ care in Nome,                                                                      
      Fairbanks, Bethel, Anchorage, Ketchikan and Juneau.                                                                       
                                                                                                                                
2:40:01 PM                                                                                                                    
MS. AGLOINGA said ART has three components:                                                                                     
  · Structured learning training (SLT) is the behavioral                                                                        
     component. It teaches youth what to do in anger-producing                                                                  
     situations.                                                                                                                
  · Anger control training (ACT) is the affective component. It                                                                 
    teaches youth what not to do in anger-producing situations.                                                                 
  · Moral Reasoning (MR) is the values component, but it's                                                                      
      actually about perspective and why it's good to use the                                                                   
     other two components.                                                                                                      
                                                                                                                                
2:40:37 PM                                                                                                                    
ART classes:                                                                                                                    
  · Last 10 weeks.                                                                                                              
  · Meet 3 times per week.                                                                                                      
  · Have 8 to 12 participants per group.                                                                                        
  · Are closed meaning that once a class starts there are no                                                                    
     new entrants.                                                                                                              
  · Are very interactive. Youths role play real-life situations                                                                 
        in order to practice what they're learning in a safe                                                                    
     environment so they can transfer that information outside                                                                  
     the class setting.                                                                                                         
  · Are designed for aggressive and violent youths.                                                                             
                                                                                                                                
CHAIR FRENCH  asked if this is  for youths who are  in treatment,                                                               
in custody, or a combination.                                                                                                   
                                                                                                                                
MS. AGLOINGA replied  it can be given in a  community facility or                                                               
schools. They recognize that different  juveniles will respond to                                                               
different  learning   environments  and  agents  so   they  offer                                                               
different styles of teaching to accommodate different needs.                                                                    
                                                                                                                                
CHAIR  FRENCH asked  if  kids  are grouped  by  age  and if  this                                                               
training is more effective at a particular age.                                                                                 
                                                                                                                                
MS. AGLOINGA explained that youths are  grouped by level of need,                                                               
but age is given consideration.                                                                                                 
                                                                                                                                
2:42:04 PM                                                                                                                    
The   Structured  Learning   Training   curriculum  teaches   the                                                               
following  10  skills  to  meet   angry  and  aggressive  youths'                                                               
specific skill deficits:                                                                                                        
   · Making a complaint.                                                                                                        
   · Understanding the feelings of others.                                                                                      
   · Getting ready for a difficult conversation.                                                                                
   · Dealing with someone else's anger.                                                                                         
   · Keeping out of fights.                                                                                                     
   · Helping others.                                                                                                            
   · Dealing with an accusation.                                                                                                
   · Dealing with group pressure.                                                                                               
   · Expressing affection.                                                                                                      
   · Responding to failure.                                                                                                     
                                                                                                                                
CHAIR FRENCH asked what's entailed in making a complaint.                                                                       
                                                                                                                                
MS. AGLOINGA  replied this  is a five-step  process and  the kids                                                               
are taught how to go through  each step accurately. They practice                                                               
by role playing and they're assigned  homework so they can try it                                                               
at the next meeting.                                                                                                            
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  if  kids   have  always  had  these                                                               
problems or if they're new problems in society.                                                                                 
                                                                                                                                
MS. AGLOINGA replied anger is a  natural emotion, but some youths                                                               
haven't learned these skill sets.                                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI asked if this is a relatively new problem.                                                                 
                                                                                                                                
MS. AGLOINGA answered the problem isn't  new and this program has                                                               
been around since the '70s.                                                                                                     
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if the  problem with  kids today  is                                                               
different than the problem with kids of 50 or 100 years ago.                                                                    
                                                                                                                                
MR. NEWMAN  said he believes that  the science has  gotten better                                                               
and is able to refine where the  risk factors are coming from and                                                               
what  can be  done  about it.  This  course does  a  good job  of                                                               
getting kids  to actively  talk, to  role play,  and think  about                                                               
life in  a new way. There's  finally research to show  what works                                                               
and what doesn't, he said.                                                                                                      
                                                                                                                                
2:45:17 PM                                                                                                                    
SENATOR WIELECHOWSKI asked  if poor parenting is the  root of the                                                               
juvenile delinquency problem.                                                                                                   
                                                                                                                                
MR.  NEWMAN  said  poor  parenting  is  a  factor,  but  it's  in                                                               
combination with those  major risk factors that  makes a juvenile                                                               
delinquent. Science is better now and is  at a point where it can                                                               
define the  risk factors  that matter.  He noted  that when  they                                                               
first introduced the  youth level of service  inventory they were                                                               
told that the old  assessment tool was at least 20  years old and                                                               
asked  questions  that  it's now  understood  don't  matter.  For                                                               
example, it asked about hygiene,  which science now shows doesn't                                                               
matter.  He noted  that they  were  encouraged to  develop a  new                                                               
assessment tool  that uses science  and reflects  new information                                                               
about delinquent behavior.                                                                                                      
                                                                                                                                
CHAIR  FRENCH  commented   that  it  sounds  like   we're  trying                                                               
something  different  after  1,000  years   of  trying  to  beat,                                                               
confine, or lecture children into submission.                                                                                   
                                                                                                                                
SENATOR MCGUIRE  asked Ms.  Agloinga if  she's thought  about how                                                               
these guidelines could  be brought into schools,  churches, youth                                                               
groups,  and  into the  hands  of  parents  to help  them  better                                                               
understand what can be done to help  a child learn how to express                                                               
a complaint or respond to failure.                                                                                              
                                                                                                                                
MS. AGLOINGA  replied she likes  this particular  program because                                                               
it  involves  the people  who  interface  with kids.  When  she's                                                               
teaching a class  she contacts the parents to let  them know what                                                               
skill they're working on and that  their child will be practicing                                                               
that skill  when he/she tries  to make  a complaint at  home. She                                                               
makes it clear that  it's not about the outcome -  whether or not                                                               
the youth  gets whatever he/she is  seeking - rather,  it's about                                                               
trying the  skill. She  noted that  the program  is also  used on                                                               
adults.                                                                                                                         
                                                                                                                                
2:49:20 PM                                                                                                                    
MS.  AGLOINGA  said  Anger  Control  Training  is  the  affective                                                               
component;  it  teaches   what  not  to  do   in  anger-producing                                                               
situations to reduce the frequency of getting angry.                                                                            
                                                                                                                                
Moral  Reasoning  is  the  cognitive  component  of  ART  and  is                                                               
designed  to help  youths make  more mature  decisions in  social                                                               
situations. Once  a youth has  learned what  not to do  in anger-                                                               
producing situations this component  helps him/her understand why                                                               
he/she might still exhibit angry behaviors.                                                                                     
                                                                                                                                
MS.   AGLOINGA   clarified   that    ART   is   not   traditional                                                               
psychotherapy, group guidance or  advice giving, values training,                                                               
or content specific education.                                                                                                  
                                                                                                                                
She explained  that trained facilitators  are certified  to teach                                                               
ART and any of the three  stand-alone components. They are taught                                                               
the  importance of  quality assurance  and that  fidelity to  the                                                               
model is fundamental to successful outcomes.                                                                                    
                                                                                                                                
Quality assurance for ART includes:                                                                                             
  · Providing all three ART components.                                                                                         
  · Offering a complete program.                                                                                                
  · Training ART facilitators                                                                                                   
  · Observing groups.                                                                                                           
  · Providing feedback.                                                                                                         
                                                                                                                                
2:50:41 PM                                                                                                                    
MS.  AGLOINGA   highlighted  the   following  quality   assurance                                                               
efforts:                                                                                                                        
  · The key to reducing recidivism is to deliver this research-                                                                 
     based program competently. This includes:                                                                                  
       · Picking the best people to facilitate the                                                                              
          program.                                                                                                              
       · Ensuring proper training.                                                                                              
       · Referring the appropriate youths.                                                                                      
       · Ensuring the program is delivered with fidelity                                                                        
          to the model by:                                                                                                      
            · Assessing facilitator skills.                                                                                     
            · Providing statewide guidelines for the                                                                            
               program.                                                                                                         
                                                                                                                                
MS. AGLOINGA said  she and the other two  trainers are passionate                                                               
about this  program but they all  have other full-time  jobs. She                                                               
has  therefore recommended  that  the  director open  a  position                                                               
specifically for  quality assurance.  In fact,  when the  program                                                               
was evaluated on  implementation, one of the  recommendations was                                                               
to focus on quality assurance efforts.                                                                                          
                                                                                                                                
2:51:39 PM                                                                                                                    
RAY  MICHAELSON,   Program  Coordinator,  Division   of  Juvenile                                                               
Justice, Alaska Department of Health  and Social Services, (DHSS)                                                               
said he  appreciates the opportunity  to talk  about performance-                                                               
based standards  (PbS). This  is a  quality improvement  program,                                                               
which  is managed  through the  Council  on Juvenile  Corrections                                                               
Administrators (CJCA).                                                                                                          
                                                                                                                                
CHAIR FRENCH asked if CJCA overarches  DJJ and gives a macro look                                                               
at what the division is doing.                                                                                                  
                                                                                                                                
MR. MICHAELSON  replied it's both a  micro and macro look  at the                                                               
conditions  of confinement  inside  the  eight youth  facilities.                                                               
Each of these  facilities has a jail where  youths go immediately                                                               
after  arrest.  After  that  they  go  through  adjudication  and                                                               
eventually on to one of the four correctional facilities that                                                                   
have detention and treatment programs.                                                                                          
                                                                                                                                
MR. MICHAELSON provided the following PbS timeline:                                                                             
  · 1994 - Congress commissioned a survey looking at conditions                                                                 
     in 1,000  youth facilities nationwide. Poor  conditions were                                                               
     found  with  regard  to mixing  populations  of  youths  and                                                               
     mixing sexes  on correctional units  and not  providing good                                                               
     healthcare or mental healthcare or education.                                                                              
  ·  1998 - The Office of Juvenile Justice and Delinquency                                                                      
     Prevention  (OJJDP)  developed  Performance-based  Standards                                                               
     (PbS). This was  to establish a list of  about 100 standards                                                               
     for  youth  facilities  to  comply   with  to  achieve  good                                                               
     outcomes in those particular areas.                                                                                        
  · 2004 - Alaska joined PbS.                                                                                                   
                                                                                                                                
The PbS outcome measures include the following:                                                                                 
   · Safety                                                                                                                     
   · Security                                                                                                                   
   · Order                                                                                                                      
   · Health and mental health services                                                                                          
   · Justice and legal rights                                                                                                   
   · Programming                                                                                                                
   · Reintegration planning                                                                                                     
                                                                                                                                
 These seven measures range from how safe buildings are for kids and                                                            
 staff to the kinds of services you provide kids to help ensure their                                                           
 successful reentry into the community.                                                                                         
                                                                                                                                
CHAIR FRENCH asked what programming refers to in this context.                                                                  
                                                                                                                                
MR.  MICHAELSON  explained  it captures  everything  between  the                                                               
Youth Level of Service/ Case  Management Inventory assessment and                                                               
the release  and referral  for follow-up  treatment. This  is the                                                               
largest area of standards.                                                                                                      
                                                                                                                                
2:56:32 PM                                                                                                                    
The quality improvement process that is the PbS program is                                                                      
divided into a 3-step continuous improvement process.                                                                           
  1. Data collection.                                                                                                           
       · They keep track of what they do with kids in the                                                                       
          programming areas through youth records.                                                                              
       · They survey kids asking how they feel about being                                                                      
          incarcerated, what they think of their treatment                                                                      
          regime and how they're being treated. And they survey                                                                 
          staff about their  view of working in  the correctional                                                               
          facility and  with the  population. These  surveys have                                                               
          proven to  be a goldmine  of information upon  which to                                                               
          make good decisions.                                                                                                  
       · Incident reports.                                                                                                      
2. Performance reports.                                                                                                         
       · These are bar graphs and summary reports that                                                                          
          provide a  picture and describe how  they're doing                                                                    
          month-to-month and  how they compare to  all other                                                                    
          PbS participants nationwide.                                                                                          
3. Facility improvement process.                                                                                                
       · This includes self-imposed deadlines to look at                                                                        
          the reports for areas of  deficiency and embark on                                                                    
          facility improvement  plans to raise or  lower the                                                                    
          outcomes depending  on the standard.  For example,                                                                    
          if there are  high numbers of youth  injuries in a                                                                    
          certain month you might want  to create a facility                                                                    
          improvement plan to decrease  injuries on the unit                                                                    
          that  would  show  in   the  next  six-month  data                                                                    
          collection and improvement cycle.                                                                                     
                                                                                                                                
The 100 outcome  measures and standards mentioned  previously are                                                               
those for  the four correctional  facilities in the  state. About                                                               
50 or  60 standards  apply to  the detention  facility. Detention                                                               
does not provide  all the programming and  unique assessments and                                                               
treatment opportunities they do for kids.                                                                                       
                                                                                                                                
2:59:36 PM                                                                                                                    
MR.  MICHAELSON displayed  a sample  graph  comparing the  Bethel                                                               
Youth  Detention  Facility  to the  other  207  PbS  participants                                                               
nationwide with respect  to Order 12. This is  the average number                                                               
of idle waking  hours that kids spend on a  detention unit during                                                               
a 24 hour period.  As in any kind of correctional  unit, the goal                                                               
is to  reduce idle waking time.  You want kids to  be interacting                                                               
with  appropriate staff  and involved  in programs  like ART  and                                                               
paying  attention  at  school  on   a  regular  basis.  Data  was                                                               
collected twice  a year and the  graph shows that since  2004 the                                                               
Bethel facility  had a  good facility  improvement plan  and over                                                               
time  effectively  reduced  idled  waking   time  on  that  unit.                                                               
Responding to a  question, he clarified that while  there are 207                                                               
PbS participants nationwide, only 27 states have PbS programs.                                                                  
                                                                                                                                
MR. MICHAELSON  displayed a  graph of  Programming 1  data, which                                                               
shows  the  percent  of  youths  confined  to  one  of  the  four                                                               
correctional facilities  for over  six months  whose math  scores                                                               
increased between admission  and discharge. The graph  provides a                                                               
statewide  perspective  compared  to the  nationwide  scores.  He                                                               
pointed out  that recent outcome  measures have been  higher than                                                               
the field average and credited  the school districts and teachers                                                               
for providing new programs in the four correctional facilities.                                                                 
                                                                                                                                
3:03:36 PM                                                                                                                    
MR. MICHAELSON  displayed a  graph of Order  3 data,  which shows                                                               
physical restraint use per 100  person-days of youth confinement.                                                               
He said  that physically restraining  kids is  a fact of  life in                                                               
detention and treatment facilities. Responding  to a question, he                                                               
explained  that this  is done  primarily  to keep  the kids  from                                                               
hurting themselves, but  these facilities also have  kids who are                                                               
abusive and angry  and they sometimes act out to  hurt other kids                                                               
or staff  members. When a  youth won't stop  the self-destructive                                                               
or abusive behavior  he/she may be physically  restrained to help                                                               
him/herself regain control. Sometimes handcuffs are used.                                                                       
                                                                                                                                
MR.  MICHAELSON  concluded  his   presentation  highlighting  the                                                               
following successes:                                                                                                            
       · The Nome Youth Facility has been recognized in a PbS                                                                   
          newsletter nationwide for its good work.                                                                              
       · The Bethel Youth Facility won a national award for                                                                     
          embracing PbS and its production of outcome measures.                                                                 
       · The detention unit at the Fairbanks Youth Facility                                                                     
          reached the highest level possible in April 2009 for                                                                  
          achieving good outcomes on standards.                                                                                 
       · In October 2009, 5 of 12 Alaska sites achieved Level 3                                                                 
          status, which shows tremendous improvement.                                                                           
       · Alaska's FIP process was recently recognized and will                                                                  
          continue to be used on the new comprehensive suicide                                                                  
          policy and intake screening.                                                                                          
                                                                                                                                
CHAIR FRENCH thanked the participants.                                                                                          
                                                                                                                                
3:06:26 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair French  adjourned the  Senate Judiciary  Standing Committee                                                               
hearing at 3:06 p.m.                                                                                                            

Document Name Date/Time Subjects
ART - Juneau Presentation Updated.pptx SJUD 1/27/2010 1:30:00 PM
Division of Juvenile Justice.pptx SJUD 1/27/2010 1:30:00 PM
PbS_for_SJC_012710 (final).pptx SJUD 1/27/2010 1:30:00 PM
Senate Judiciary YLS Presentation 012610.pptx SJUD 1/27/2010 1:30:00 PM