Rhode Island 2009-2011 Three Year Plan System Description

56
Rhode Island 2009-2011 Three Year Plan Section 2 Page 1 ATTACHMENT: Rhode Island 2009-2011 Three Year Plan System Description 1. Structure and Function of Juvenile Justice System Rhode Island has one unified court system that operates at the State level. The State has no county form of government, all juvenile and adult cases flow through the Rhode Island court system in county (judicial districts only) situated courts. Rhode Island operates one secure detention facility for youth, the Rhode Island Training School for Youth, which is part of the Department of Children Youth and Families, the only state child welfare agency. Initial contact for the majority of youth entering the Rhode Island juvenile justice system occurs at the local level at one of Rhode Island’s 38 police departments or with the Rhode Island State Police, which operate 5 barracks located throughout the state. The Rhode Island State Police although part of the Rhode Island Justice Commission monitoring universe does not securely detain youth but will when necessary transfer youth to the Department of Children Youth and Families or the Rhode Island Family Court for further handling. Municipal and State Police Departments The major sources of referral of youth to the juvenile justice system are the thirty-eight municipal police departments and five State Police Barracks throughout the state. Police may detain youth for processing for suspicion of status or delinquent offenses or may hold non- offending youth for child welfare purposes, if they believe in good faith that the child is in danger of abuse. In any case, children are held in police stations only until they can be safely released to their families, other responsible adults or the state's child welfare agency. In more than 90 percent of cases children are held in police stations for less than two hours. After an initial point of contact with local law enforcement youth may, at the discretion of the arresting officer be referred to a local juvenile hearing board.

Transcript of Rhode Island 2009-2011 Three Year Plan System Description

Rhode Island 2009-2011 Three Year Plan Section 2 Page 1

ATTACHMENT: Rhode Island

2009-2011 Three Year Plan

System Description

1. Structure and Function of Juvenile Justice System Rhode Island has one unified court system that operates at the State level. The State has no county form of government, all juvenile and adult cases flow through the Rhode Island court system in county (judicial districts only) situated courts. Rhode Island operates one secure detention facility for youth, the Rhode Island Training School for Youth, which is part of the Department of Children Youth and Families, the only state child welfare agency. Initial contact for the majority of youth entering the Rhode Island juvenile justice system occurs at the local level at one of Rhode Island’s 38 police departments or with the Rhode Island State Police, which operate 5 barracks located throughout the state. The Rhode Island State Police although part of the Rhode Island Justice Commission monitoring universe does not securely detain youth but will when necessary transfer youth to the Department of Children Youth and Families or the Rhode Island Family Court for further handling.

Municipal and State Police Departments The major sources of referral of youth to the juvenile justice system are the thirty-eight municipal police departments and five State Police Barracks throughout the state. Police may detain youth for processing for suspicion of status or delinquent offenses or may hold non-offending youth for child welfare purposes, if they believe in good faith that the child is in danger of abuse. In any case, children are held in police stations only until they can be safely released to their families, other responsible adults or the state's child welfare agency. In more than 90 percent of cases children are held in police stations for less than two hours. After an initial point of contact with local law enforcement youth may, at the discretion of the arresting officer be referred to a local juvenile hearing board.

Rhode Island 2009-2011 Three Year Plan Section 2 Page 2

Juvenile Hearing Boards A number of the cities and towns in the state have secured enabling legislation from the Rhode Island General Assembly to establish Juvenile Hearing Boards to deal with status offenders, i.e., youth charged with offenses that are law violations only for individuals of juvenile status and offenses that would be misdemeanors if committed by adults. The hearing boards have concurrent jurisdiction with the Family Court and are composed of citizens from the town appointed by the mayor or city council. Members generally have some expertise in dealing with juveniles, often including education personnel, for example. Juveniles are referred to the hearing boards by the local police departments and must have admitted guilt and waived their right to a Family Court hearing. The juvenile's parents must also have agreed to the proceedings. The hearing boards can only order restitution, community service, or fines of less than $50.00. They cannot order incarceration or secure confinement. Their aim is early intervention with youth showing initial signs of delinquency; by referring youth to local community support services and by holding youth accountable for their actions. Accordingly, the hearing boards are designed to promote constructive behaviors. Confidentiality of juveniles must be maintained in all of the juvenile hearing board proceedings. Juveniles can only be referred to the hearing board twice before their cases are referred to Family Court. Records of proceedings in the hearing boards are destroyed when juveniles reach the age of 18.

The Department for Children, Youth and Families (DCYF)

The Department for Children, Youth and Families (DCYF) is charged under Rhode Island General Law with the primary state responsibility for child welfare, children's mental health and juvenile justice. The DCYF was created in January 1980, in an attempt to unify and coordinate services to children and their families. Its mission is to "promote, safeguard, and protect the social well-being of children throughout the state through a comprehensive support program of in-home and substitute care, including institutional care, and to plan and implement support programs and service delivery systems which achieve the goal of developing the full potential of children in care." DCYF performs screening, evaluation, and assessment functions and provides services to children and their families in and out of home, on an emergency or long-term basis, and through a variety of state and private, institutional and community-based agencies, as well as foster care services To address these problems the General Assembly passed several laws aimed at restructuring services to children and their families, enhancing coordination of service, and strengthening oversight of the Department. The Permanent Legislative Oversight Commission on the DCYF and the Children's Cabinet, which emerged from this reform, have become major influences in shaping child and family policy in the state, and have had a significant impact on state policy regarding juvenile justice.

The Permanent Legislative Oversight Commission on the Department for Children, Youth and Families was established to ensure that the child focused/family centered reforms mandated by the General Assembly were implemented. The Oversight Commission has taken a particular interest in incarcerated youth and introduced successful legislation reconfigure the educational

Rhode Island 2009-2011 Three Year Plan Section 2 Page 3

program at the state's secure juvenile justice facility Rhode Island General Law, 93-S-1411. In compliance with this Act and in cooperation with the Oversight Commission, the DCYF has worked to implement an educational program that comprehends the profound and diverse needs of incarcerated youth. The program has placed educational services in the context of a youth centered rehabilitative program that fosters the development of educational and social competence in residents.

a continuing support for flexibly delivered, multi-faceted, easily accessible services to children and families that can positively support healthy child and family development, prevent problems and reconfigure system design away from crisis management. The objectives of these plans dovetail with the long-term commitment of the Juvenile Justice Advisory Committee to prevention and early intervention, as well as long-term system reform. These values underpin this three-year plan and are reflected in its specific recommendations and objectives.

The Rhode Island Training School for Youth (RITSY) At the state level, the DCYF operates the only secure juvenile justice facility for youth. When secure placement is required, adjudicated youth are held at the 200 bed Rhode Island Training School for Youth (RITSY). In addition, the DCYF operates all juvenile detention services for pre-adjudicated youth on the grounds of the RITSY. Detention beds are included in the 200 bed figure noted previously. The DCYF also sub-contracts with a twenty-two-bed secure mental health treatment facility, the Northeast Family Institute. An order of a Family Court judge is required to place a youth at the RITSY for any purpose. While RITSY residents, youth are provided clinical services including medical, dental, psychiatric, psychological, nursing, and substance abuse care as available, according to an individual treatment plan mandated for each resident. Educational services at the RITSY are adapted to the needs of the individual. The Juvenile Justice Advisory Committee has supported educational programming through various grant activities. Currently all residents receive a full day programming which includes academic, vocational and life skills training coordinated with each youth's social service/counseling program. The present secondary school at the RITSY is fully certified for special education as the overwhelming majorities of residents have significant learning disabilities.

Juvenile Probation/Youth Diversionary Project The DCYF is also responsible for statewide probation and parole services and provides supervision of juvenile probationers on a day-to-day basis. In addition to surveillance, probation officers provide counseling and guidance services to juvenile offenders. They also refer youths to other support services and attend court hearings as needed. The division provides permanency-planning services to adults placed on probation in Family Court and administers the Interstate Compact for Juveniles, which furnishes courtesy supervision for youth placed on probation by other states.

Rhode Island 2009-2011 Three Year Plan Section 2 Page 4

The Youth Diversionary Project is designed to prevent delinquency and strengthen families with children ages 9 through 17 who have been adjudicated for a first offense and who are at risk for truancy and running away from home. Services are provided through six private community-based agencies.

The Rhode Island Family Court A petition is submitted to the Rhode Island Family Court when a police or school department allege that a youth is wayward or delinquent by reason that he or she has committed an offense in violation of state law or city or town ordinance. All petitions, except those that require emergency detention, are referred to the Juvenile Services Department of the court. There, a preliminary investigation will determine whether the facts are legally sufficient to bring the child within the jurisdiction of the court; and if so, to determine whether the interest of the public or the child require that further action be taken. The state of Rhode Island was the first in the nation to recognize the necessity of separating juvenile adjudication hearings from adult proceedings. In 1898, legislation was enacted which created separate hearings, calendars and dockets for juvenile cases in Providence and Newport counties. In 1915, legislation extended this separation to the rest of the state. In 1944, the appointment of a separate Judge of the Juvenile Court contributed to the autonomy of its operations and in 1961, the jurisdiction of the court was extended to include all domestic matters. At that time, the name of the court was changed to the Rhode Island Family Court and located at the Rhode Island Normal School. In 1981, the state opened a new Family Court building in downtown Providence, which provided fully modernized court facilities. The Family Court also sits in Kent, Washington, and Newport Counties. In 1992, as a portion of the reform of the child welfare system described above, the jurisdiction of the Family Court was expanded again to allow judges to order services directly for all executive departments represented in the Children's Cabinet. This expansion of jurisdiction was expected to enhance service to children and families and to reduce fragmentation of services. The mission of the Family Court remains to rehabilitate troubled youth by providing necessary mental health, substance abuse, educational, and other human service support as available. The Intake Unit reviews cases referred to the Court. This unit of the Family Court examines referral source documents to identify the needs of the juvenile and make recommendations to the Court. If this unit decides that a youth should be brought to the court's attention, a petition stating the facts of the case is generated and filed with the Family Court. The issuance of this petition formally places the juvenile under the jurisdiction of the Court. The Intake Unit may make direct referrals to other agencies, by passing the formal adjudication process, may request evaluation or diagnostic studies by other agencies, or may schedule a court appearance by placing the case on the Court calendar and issuing a summons. A justice or clerk of the Family Court authorizes all petitions and summonses.

Rhode Island 2009-2011 Three Year Plan Section 2 Page 5

Office of the Public Defender The Rhode Island General Assembly created the Office of the Public Defender in 1941. Rhode Island was the first state in the country to establish a statewide public defender office. The Governor appoints the public defender for a three-year term with the advice and consent of the Senate. Deputy and Assistant public defenders serve at the pleasure of the public defender. The Constitution of the United States and the Constitution of Rhode Island guarantee the indigent defendant/respondent accused of a crime the services of a public defender lawyer. The Public Defender and his/her staff have represented thousands of people in all courts of Rhode Island. Every public defender is a full-time, salaried lawyer who specializes in criminal law; each is educated and licensed in the same way, as are private attorneys.

Department of Attorney General

The Department of Attorney General seeks to prosecute and expeditiously treat juvenile offenders whose juvenile histories evidence repeat commission of serious and violent delinquent acts, including but not limited to robbery, burglary, chronic larceny, forcible sexual assaults, aggravated assault, homicide and motor vehicle theft. Further, the Department of Attorney General has a working relationship with the Juvenile Probation division of DCYF to assure that those juveniles previously convicted of serious and violent crimes are promptly and uniformly presented to Family Court as violators of probation upon the commission of subsequent crimes. It is also within the discretion of the Attorney General's office to seek waiver of jurisdiction from Family Court to allow certain youth charged with extremely serious crimes to be tried in adult criminal court.

System Flow (no change)

This chart coincides with the previous narratives detailing the structure and function of the various juvenile justice agencies involved in the Rhode Island Juvenile Justice System.

Rhode Island Family Court System Flow Chart

U nf ound ed/ I nsuf f ici ent Ev idenc eSt ati on H ous e W arning s

Released toParent/ Guardian

Pretrial date(Home Confinement)

Waivedor

Cer tified

Attorney Generalfiles for

Motion for Waiver ofJurisdict ion or Certification

Trialfound

Delinquent orNot Delinquent

Detainedor

Released untilTrial Date

DispositionProbation, Suspended

RITSY, CommunityService, (et c.)

Probable Causeor Pre-Trial Hearing

Detained atRITSY f or

Probabel Cause Hear ing(wit hin 5 days)

Dismissedor

Returned toJuvenile Services

Emergency Detention HearingRequested and Granted from

Duty JudgeCriteria to be met

Pre-trial HearingJuvenile

"Plea Bargaining"

ArraignmentFormally Charges-"Rights"Explained. Counsel appt.-

Discovery Granted

Formal Petitions FiledSummons

andNotices are Issued

Juvenile Services Case supervisionUsually

Truants &Disobedient Youth

Informal Hearings with"Parties"

Closed non- judicially with conditionsPrimarliy First Offenders

Family Court Juvenile Service Dept.Reviews/Screens all REf errals According t o Rule of

Juvenile Proceedings andIntake Guidelines

Form al Com plain t F iled I n Fam ily C our tA lleg ing W ay w ard/ D elinquent

S peci fic St atu t e C it ed

R efer red t o Ci ty or Tow nJ uv enile H earing B oar d

Ref er red t o C om munit ySoc ail Agenc y or

Y out h Div ers ionary Program' s

"Arres t" St a te-Law E nf orc em ent A genc y I nv est igates C r imi nal V iola t ions, S c hool D epar t ment s I nves ti gat e Truanc y & R ules V io lati ons

Rhode Island 2009-2011 Three Year Plan Section 2 Page 6

Rhode Island 2009-2011 Three Year Plan Section 2 Page 7

2. Analysis of Juvenile Crime Problems and Juvenile Justice Needs

A. Analysis of Juvenile Crime Problems

Various disorderly behaviors has risen to the largest category of all petitions filed in the Rhode Island Family Court in 2008. In 2008 it represented 30% of all petitions filed. Assault saw a 9% and 3 % rise respectively. Drug Offenses at 8% was a 6% decline over 2007. Motor vehicle offenses were also down at 6% a 13% decline over 2007. Status offenses also declined 11. Court violation/Warrants were also down 7% Weapons offenses made up 3% and were up 12% over 2008. Sex offenses comprised only 1% of total offenses, however the reflected 28% decrease should be viewed in light of the very small numbers being calculated. In 2007 there were 29 Sex offenses and in 2008 the number increased to 37. Juvenile detentions of youth increased in total by 2% in 2008 over 2007. The largest category of offenses, various disorderly behaviors, represented 30% of all offenses for which youth were detained and had a 1% increase 2008. Larceny offenses represented the second largest figure at 22% of all detentions. Assault offenses represent the third highest category of offenses with 15% of all detentions. This was a 3% increase from 2007. Minority offense numbers all experienced increases. Native American numbers increased by 29%, once again the small numbers need to be taken into consideration here, the increase from 17 to 22 youth is only an increase of 5. White juveniles offense number decreased by 5%, the only other categories reporting a decrease in 2008 were Other -33% and No Race Reported -33%. It is important to note with respect to Native American detentions that although the Narragansett Tribe is Rhode Island’s only Native American population with recognized law enforcement capability the Narragansett Tribe has no reservation per se the total population resides within mainly in one local town of Charlestown RI. Any detention of Native American youth will occur at a local city or town police department. The tribe has no holding facility. Primary prevention programs that operate within the afternoon time-frames will be given priority consideration, especially those programs operating in areas of high minority populations in addition to programs targeting minority at-risk juvenile activity.

Approximately 75% of all juvenile offenses fall into 4 categories, they include; various disorderly behaviors, larcenies, assault, and drug offenses. This years highest category being disorderly behavior offenses at 30%. Crime Statistics received from the RI Statistical Analysis Center, Uniform Crime Reports and RI Juvenile Detention Data Reports.

2. Analysis of Juvenile Crime Problems and Juvenile Justice Needs

A. Analysis of Juvenile Crime Problems 1, 2, Juvenile Arrests by Offense type, gender, age and race, etc.

Juvenile Detention Data In accordance with the Juvenile Justice and Delinquency Prevention Act1 all law enforcement agencies are required to maintain statistical records of any juvenile detentions. These records delineate the reason for the detention as well as the demographic characteristics of the detainees. These records are forwarded to the RI Department of Public Safety Grant Administration Office (formerly the Rhode Island Justice Commission) on a monthly basis. There, the demographic data is stored and analyzed. Please note that these reports only include juveniles securely and non-securely detained. Other juveniles may have been released at the scene, transported home, brought directly to the RI Training School or to Court. Also note that only the most serious offense for which the youth was detained is recorded. Accordingly, these numbers will be smaller than other statistics such as court petition data.

Categories of Offenses

Category 2006 2007 2008% of 2008

% Chg 2007-2008

Various Disorderly Behaviors 1658 1621 1655 30% 2%Larceny Offenses 1039 1100 1208 22% 10%Assault Offenses 856 786 814 15% 4%Drug Offenses 631 494 472 9% -4%MV Offenses 553 353 312 6% -12%Status 269 325 293 5% -10%Court Violations/ Warrants 254 226 262 5% 16%Unknown 308 197 212 4% 8%Weapons Offenses 213 144 161 3% 12%Non-Offense 157 107 88 2% -18%Sex Offenses 41 29 37 1% 28%Totals 5979 5382 5514 100% 2%

Juvenile detentions of youth increased in total by 2% in 2008 over 2007. The largest category of offenses, various disorderly behaviors, represented 30% of all offenses for which youth were detained and had a slight 2% increase in 2008. Larceny offenses represented the second largest figure at 22% of all detentions. Assault offenses represent the third highest category of offenses with 15% of all detentions. This was a 4% increase from 2007. Other noteworthy increases for 2008 were in the categories of detentions for larceny, court violations/warrants, weapons and sex offenses.

Race/Ethnicity

Rhode Island 2009-2011 Three Year Plan Section 2 Page 8

1 42 U.S.C. 5601

Race 2006 2007 2008% of 2008

% Chg 2007-2008

White 3318 3124 3005 54% -4%Black 1350 1276 1425 26% 12%Hispanic 1126 832 918 17% 10%Asian/Pacific Islander 145 120 136 2% 13%Native American 8 17 22 0% 29%Other 16 7 4 0% -43%Not Reported 16 6 4 0% -33%Totals 5979 5382 5514 100% 2%

With respect to Race and Ethnicity demographics 12% more Black, 13% more Asian and 10% more Hispanic youth were detained in 2008. There was a 4% decrease in the number of White youth detained.

Month of Year

Month 2006 2007 2008% of 2008

% Chg 2007-2008

January 561 506 526 10% 4%February 427 462 382 7% -17%March 551 525 522 9% -1%April 511 477 530 10% 11%May 594 593 616 11% 4%June 435 507 449 8% -11%July 438 371 453 8% 22%August 467 346 370 7% 7%September 513 318 412 7% 30%October 600 429 500 9% 17%November 467 448 392 7% -13%December 415 400 362 7% -10%Totals 5979 5382 5514 100% 2%

The Month of the Year category experienced increases for about half the months in 2008. September had the largest increase of 30% from 2007 to 2008 with July at a 22% increase. The largest decrease was in February, that of 17%.

Time of Day

Rhode Island 2009-2011 Three Year Plan Section 2 Page 9

Time of Day 2006 2007 2008% of 2008

% Chg 2007-2008

12 AM 136 144 139 3% -3%1 AM 165 145 170 3% 17%2 AM 131 132 140 3% 6%3 AM 83 71 86 2% 21%4 AM 71 38 52 1% 37%5 AM 35 26 35 1% 35%6 AM 24 13 20 0% 54%7 AM 63 35 48 1% 37%8 AM 135 151 153 3% 1%9 AM 211 235 253 5% 8%

10 AM 266 262 249 5% -5%11 AM 292 289 251 5% -13%12 PM 318 302 310 6% 3%1 PM 355 326 311 6% -5%2 PM 495 374 399 7% 7%3 PM 328 342 384 7% 12%4 PM 371 347 358 6% 3%5 PM 396 414 389 7% -6%6 PM 360 330 402 7% 22%7 PM 358 337 321 6% -5%8 PM 400 328 296 5% -10%9 PM 404 319 308 6% -3%

10 PM 372 257 267 5% 4%11 PM 210 163 173 3% 6%Totals 5979 5380 5514 100% 2%

During 2008 with little exception detentions start at 8 AM and continue to increase throughout the day until beginning to decrease around 9 PM. The numbers are very similar to those from prior years. From 2007 to 2008 there were many noteworthy differences. Most early morning detentions increased sharply after having decreased from 2006 to 2007. Only 12 AM saw a decrease of 3%. Although the total number in many of these hourly increments is small, thus making any increase contribute to a large percentage increase; the seriousness of a detention occurring during these hours should be emphasized.

Age

Rhode Island 2009-2011 Three Year Plan Section 2 Page 10

Age 2006 2007 2008% of 2008

% Chg 2007-2008

5 2 0 1 0% 100%6 1 2 0 0% -100%7 1 2 1 0% -50%8 2 9 4 0% -56%9 18 14 9 0% -36%

10 26 21 15 0% -29%11 81 72 52 1% -28%12 219 204 149 3% -27%13 456 443 441 8% 0%14 854 801 770 14% -4%15 1174 1182 1120 20% -5%16 1423 1427 1307 24% -8%17 1701 1192 1631 30% 37%18 2 4 2 0% -50%

Not Reported 19 9 12 0% 33%Totals 5979 5382 5514 100% 2%

The vast majority of detentions in 2008 continued to be of youths in the age brackets 14 – 17. Comparing the change from 2007 to 2008, the majority of the age groups experienced a decrease. When each category is examined individually it is noted that the older age categories remained constant or decreased in small percentages, with the exception of 17 year olds with a 37% increase. The younger age categories generally consist of juveniles brought in with an older offender or for protective custody.

Sex

Sex 2006 2007 2008% of 2008

% Chg 2007-2008

Male 4401 3744 3974 72% 6%Female 1560 1622 1526 28% -6%Not Reported 18 16 14 0% -13%Totals 5979 5382 5514 100% 2%

Males continued to be detained in far greater numbers than females in 2008. Overall, males represented 72 % of all youth detained as compared to 28% of females detained. This represented an even 6% increase in the male number for the year and a 6% decrease for females.

2. Analysis of Juvenile Crime Problems and Juvenile Justice Needs

A. Analysis of Juvenile Crime Problems Rhode Island 2009-2011 Three Year Plan Section 2 Page 11

3. Number of cases (by offense type etc.) handled formally and informally ,referred to juvenile court etc.

RHODE ISLAND FAMILY COURT

A petition is submitted to the Rhode Island Family Court when a police or school department alleges that a youth is wayward or delinquent by reason that he or she has committed an offense in violation of state law or city or town ordinance. All petitions, except those that require emergency detention, are referred to the Juvenile Services Department of the Court. There, a preliminary investigation will determine whether the facts are legally sufficient to bring the child within the jurisdiction of the court; and if so, to determine whether the interest of the public or the child requires that further action be taken. The following is a summary of all petitions filed in the court for the years 2006 through 2008, the percentage each category represents of all petitions for 2008, and the percentage change in the category from 2007 to 2008.

All Categories

Charge 2006 2007 2008 2008%% Change 2007-2008

Property 2505 2108 2433 24% 15%Various Disorderly Offenses 1900 1889 1962 20% 4%Status 1650 1665 1655 17% -1%Violent 1485 1238 1330 13% 7%Violations 1245 1327 1191 12% -10%Drugs 772 549 549 5% 0%Motor Vehicle 802 556 509 5% -8%Weapons/Bomb/Dang Subs 309 262 305 3% 16%Alcohol/CS/MV 70 44 51 1% 16%YEARLY TOTALS 10738 9638 9985 100% 4%

Property crime continues to be the largest category of all petitions filed in the Family Court. In 2008 it represented 24% of all petitions filed. The next three categories with 20% - 13% of all petitions were various disorderly offenses, status offenses and violent crimes. Violations had 12% while motor vehicle and drug offenses each constituted 5% of all petitions filed. Weapons offenses made up 3% and alcohol/controlled substances/motor vehicle petitions were less than 1% of the yearly totals. In 2008 there was a slight increase in the overall number of petitions filed in the Family Court. This number was 4% higher than the 2007 total.2

When categories are examined individually over the last two years very few dramatic trends are apparent compared to previous years. The most a category changed was by 16%.

• Alcohol/Controlled Substances/MV offenses increased 16%

Rhode Island 2009-2011 Three Year Plan Section 2 Page 12

2 Please be advised that this data is received from the Family Court Intake Unit each January. The data should always be viewed as a “snapshot” of the day the report was produced. Accordingly, if this report is compared with those numbers filed in the FY08 application there may be some variations.

• Motor vehicle offenses decreased 8% • Drug offenses had no change • Violent crime offense petitions increased 7% • Property offense petitions increased 15% • Weapons offenses petitions increased 16% • Various disorderly offense petitions increased 4% • Violations offense petitions decreased 10% • Status offense petitions decreased 1%

The following sections and charts examine the individual categories of offenses filed in the Family Court. In almost every category a number of petitions have been collapsed into an “All Other” line when their individual numbers were less than “5”.3 Alcohol/Controlled Substances/Motor Vehicles The smallest category, alcohol and controlled substances in conjunction with motor vehicle offenses, represented less than 1% of all petitions filed in the court in 2008. After a few variable years in the number of petitions filed (2006 had a 15% increase in filings and then 2007 saw a decrease of 37%), 2008 had an increase of 16%. This increase largely resulted from increases in driving in possession of a controlled substance which went up by 80%. Driving while under the influence of alcohol petitions also increased by 6%.

Charge 2006 2007 2008% Change 2007-2008

Driving in poss of controlled substance 20 10 18 80%Driving Under the influence drugs/impaired 2 2 2 0%Driving Under the influence liquor/impaired 27 17 18 6%Driving Under the influence serious injury 0 2 0 -100%Driving while consuming alcohol 0 0 0 0%Refusal to submit to breathalyzer 21 13 13 0%Alcohol/CS/MV 70 44 51Percentage of Yearly Total 1% 0% 1%Yearly Percentage Change 16%

Weapons Offenses

Weapons offenses continue to represent 3% of the yearly total for 2008. From 2007 to 2008 there were 16% more petitions filed for weapons offenses overall.

Rhode Island 2009-2011 Three Year Plan Section 2 Page 13

3 However, some petitions even though their numbers were very small were kept on the charts because of their noteworthy nature.

Offenses with increases in 2008 include larceny of a firearm, placing a bomb in a building, possession of a weapon on school grounds, carrying arms when committing a crime, and possession/sale of fireworks. Possession of a weapon on school grounds, which had consistently decreased over the previous 3 years, now had an increase of 106%. The largest number of petitions was for possession of a weapon other than a firearm which after a decrease from 2006 to 2007, now experienced a 20% increase from 2007 to 2008. Other significant decreases include firing across a highway, possession of a firearm on school property, altering ID on a firearm, and possession of explosives.

Charge 2006 2007 2008% Change 2007-2008

Alter/ID on a firearm 5 3 1 -67%Carry a pistol w/out a license 17 21 29 38%Carry Arms when committing crime of violence 2 0 9 100%Firing across a highway 1 9 0 -100%Firing in a compact area 10 16 13 -19%Larc of a Firearm 14 2 14 600%Placing a bomb in a building 3 1 4 300%Poss Ammunition by a minor 8 8 8 0%Poss explosive/poss explosive near a bldg 7 5 3 -40%Poss. Arm aft conviction violent crime 1 4 3 -25%Poss. Firearm on School Property 27 11 7 -36%Poss. weapon not a firearm 123 84 101 20%Poss. weapon on school grounds 21 16 33 106%Poss/Sale Fireworks 6 6 9 50%Possession of a firearm by a minor 58 52 46 -12%All Other Weapons/Bombs/Dang Subst. Offenses 6 24 25 4%Weapons/Bomb/Dangerous Substances Offense 309 262 305Percentage of Yearly Total 3% 3% 3%Yearly Percentage Change 16%

Rhode Island 2009-2011 Three Year Plan Section 2 Page 14

Drug Offenses

Petitions for drug offenses did not change from 2007 to 2008. Possession of Marijuana remains the largest filed petition in this offense category. The number had consistently dropped over the last 3 years with the largest decrease of 20% from 2006 to 2007. Now from 2007 to 2008 there was an 8% increase in petitions filed. Other significant increases in this category of drug offenses included possession of schedule II, III, IV drugs and controlled substances. There were decreases from 2007 to 2008 in cocaine offenses such as creating/del cocaine, manuf/del cocaine, and possession of cocaine.

Charge 2006 2007 2008% Change 2007-2008

Consp to violate the cntrl substances act 15 6 3 -50%Creating/del cocaine - counterfeit subs 0 4 1 -75%Manu/del cntrl subs on school property 6 10 6 -40%Manu/del cocaine 81 26 19 -27%Manu/del heroin 2 0 0 0%Manu/del/Sch/I/II cntrl subs 44 39 31 -21%Poss cocaine 83 42 26 -38%Poss ecstacy 0 2 2 0%Poss heroin 3 2 2 0%Poss marijuana 489 390 423 8%Poss other sch II drugs 8 5 10 100%Poss other sch III drugs 5 1 2 100%Poss other sch IV drugs 3 3 4 33%Poss psilocybin (mushrooms) 7 0 0 0%Poss/sch/I/II/III/IV/V/cntrl subs 7 4 11 175%All Other Drug Offenses 19 15 9 -40%Drugs 772 549 549Percentage of Yearly Total 7% 6% 5%Yearly Percentage Change 0%

Rhode Island 2009-2011 Three Year Plan Section 2 Page 15

Motor Vehicle Offenses Filings in this category remained fairly steady only dropping by 8% in 2008 after dropping 31% from 2006 to 2007. The largest offense in this category, driving a motor vehicle without a valid license, decreased by 16% in 2006. The second largest, possession of a stolen motor vehicle, also experienced a decrease of 12% in 2008. There was a significant increase of 140% from 2007 to 2008 in the number of petitions filed for driving with a suspended license after a similar decrease from 2006 to 2007.

Charge 2006 2007 2008% Change 2007-2008

Driving MV w/o valid license 412 283 239 -16%Driving to endanger death resulting 3 1 1 0%Driving w/suspended license 37 15 36 140%Drv MV w/o Consent of Owner 47 35 44 26%Eluding Police 21 16 16 0%Failing to stop at scene of accident 7 11 7 -36%Lv Scene accident pers injury/death 3 2 3 50%Lv Scene accident property damage 12 21 19 -10%Operating an Unregistered MV 7 6 6 0%Poss SMV 134 73 64 -12%Poss manipulative device for autos 13 9 9 0%Reckless driving 34 28 26 -7%Tampering w/MV 41 36 17 -53%All other MV offenses 31 20 22 10%Motor Vehicle 802 556 509Percentage of Yearly Total 7% 6% 5%Yearly Percentage Change -8%

Violations Offenses Violations offenses decreased by 10% from 2007 to 2008. The fugitive from justice petitions experienced an increase of 42% after having decreased over the previous 2 years. The violation of a court order or protective order petitions decreased 18% while the number of other charges in this category experienced less significant changes.

Charge 2006 2007 2008% Change 2007-2008

Contempt of Court 62 104 110 6%Fugitive from Justice 20 12 17 42%Violating a Valid Court Order/Protective 133 131 107 -18%Violation of Probation 1030 1080 957 -11%Violations 1245 1327 1191Percentage of Yearly Total 12% 14% 12%Yearly Percentage Change -10%

Rhode Island 2009-2011 Three Year Plan Section 2 Page 16

Violent Offenses

Violent offense petitions increased by 7% from 2007 to 2008. The largest offense in this category, simple assault and battery, increased by 12% in 2008. Along with this, there were noteworthy increases in 1st degree sexual assault charges as well as robbery and assault with intent to rob.

Charge 2006 2007 2008% Change 2007-2008

Asslt - Domestic 1 0 0 0%Asslt - felony (adw & bodily harm) 171 163 129 -21%Asslt - uniform PO/Fireman 13 15 10 -33%Asslt on public school teacher 4 12 13 8%Asslt w/int to commit a specific felony 17 26 23 -12%Asslt w/int to rob 12 4 11 175%Asslt w/weapon believed to be a firearm 8 8 3 -63%Asslt/Batt - Simple 963 791 884 12%Kidnapping 6 0 2 100%Murder 1 1 2 3 50%Robbery 130 72 106 47%Robbery - 2 44 43 52 21%1st Sex Assault/Child Mol w/prs under 13 28 39 32 -18%Sexual Assault - 1 14 2 10 400%Sexual Assault - 2 28 10 10 0%Sexual Assault/Child Mol - 2nd w/prs under 13 29 28 26 -7%All Other Violent Offenses 16 23 16 -30%Violent 1485 1238 1330Percentage of Yearly Total 14% 13% 13%Yearly Percentage Change 7%

Status Offenses Status offense petitions decreased only 1% for 2008. Truancy had a decrease of 7% from 2007 to 2008. There were increases in petitions for runaways, minors possessing and transporting alcohol, and minors in possession of spray paint and tobacco.

Charge 2006 2007 2008% Change 2007-2008

Disobedient child 283 237 230 -3%Minor possessing alcoholic beverages 97 100 160 60%Minor transporting alcoholic beverages 5 4 5 25%Poss Spray Paint - Minor 21 13 21 62%Poss Tobacco - Minor 8 9 15 67%Runaway 2 0 5 100%Truancy 1234 1301 1214 -7%All other status offenses 0 1 5 400%Status 1650 1665 1655Percentage of Yearly Total 15% 17% 17%Yearly Percentage Change -1%

Rhode Island 2009-2011 Three Year Plan Section 2 Page 17

Various Disorderly Offenses This category represents the second largest of all petitions filed in the Family Court. In 2008 it increased by a slight 4%. The largest number of offenses within this category, vagrant and disorderly person, only increased by a mere 2% in 2008. Other increases in petitions were in the areas of escape from the training school, intimidating a witness, refusal to relinquish/damage phone, and throwing articles at a moving vehicle. There were decreases in the categories of aiding and abetting, disturbing public assemblies, resisting legal or illegal arrest, loitering for prostitution, and crank/obscene/threatening phone calls. This category includes many offenses. Accordingly, many of the prevalent statistics are quite small and any change tends to create marked percentage increases and decreases.

Charge 2006 2007 2008% Change 2007-2008

Aid & Abet 5 3 1 -67%Conspiracy 294 286 322 13%Crank/Obscene/Threat Phone calls 15 22 15 -32%Disturbing public assemblies 9 17 8 -53%Escape from Custody 18 31 24 -23%Escape from training School 25 4 24 500%False Complaint to 911 8 6 7 17%False Fire Alarm 16 10 8 -20%False reporting a Crime 6 6 4 -33%Intimidating a Witness 8 3 10 233%Loitering for Prostitution 1 5 0 -100%Obstructing a PO 150 110 108 -2%Refusal to Relinquish/damage Phone 5 6 9 50%Resisting Legal Arrest 160 103 115 12%Resisting Legal or Illegal Arrest 34 47 37 -21%Threat to a Public official 6 5 4 -20%Throwing articles at moving vehicle 12 13 18 38%Vagrant and disorderly person 1023 1130 1157 2%Violation of a Municipal ordinance - general 76 63 75 19%All other wayward/delinquent 29 19 16 -16%Various Disorderly Offenses 1900 1889 1962Percentage of Yearly Total 18% 20% 20%Yearly Percentage Change 4%

Rhode Island 2009-2011 Three Year Plan Section 2 Page 18

Property Offenses

Property offenses increased by 15% in 2008. The largest offense within this category remains malicious destruction of property which had an increase of 31% in 2008, after a similar decrease from 2006 to 2007. The next largest number of petitions was for shoplifting which has steadily increased over the last 3 years, with a smaller increase of 7% in 2008. There were some noteworthy increases in 2008. Categories which experienced an increase in petition filings included fraudulent use of credit card, attempted larceny, possession of burglary tools, shoplifting – implements, attempted breaking and entry, and larceny from a person.

Charge 2006 2007 2008% Change 2007-2008

Access to a computer for fraud 11 2 1 -50%Arson 8 5 6 20Arson - 4th 2 3 7 133%Arson - 5th 1 5 5 0%Arson - 6th - woodlands 3 10 2 -80%B& E - Attempted 18 13 23 77%B&E - Bldg daytime 21 11 4 -64%B&E - Bldg nt w/int larc 59 25 39 56%B&E - Dwelling 48 57 57 0%B&E - Dwelling w/o consent of owner 124 95 103 8%B&E - Dwelling w/o consent of tenant 26 16 13 -19%B&E - Dwelling w/resident on premises 1 1 5 400%B&E - Oth bldg nt w/int crime 6 12 8 -33%B&E - Oth bldg nt w/int larc 21 22 23 5%Burglary 17 6 9 50%Desecrate a place of public assembly 0 5 2 -60%Embezz/Fraud Conversion 4 3 6 100%Ent Bldg w/int - Larc 17 34 19 -44%Forg & Counterfeit 13 8 3 -63%Fraudulent use of credit card 18 7 22 214%Larc o/$500 74 74 79 7%Larc u/$500 277 284 213 -25%Larc-Attempted 23 10 24 140%Larceny from the Person 21 22 35 59%Malic Destruction of Property 961 594 778 31%Pass Counterfeit Bank Bill 11 2 2 0%Poss Counterfeit Bank Bill 5 0 2 100%Poss. Burg Tools 7 10 23 130%RSG o/$500 23 32 27 -16%RSG u/$500 128 91 149 64%Shoplifting 383 520 555 7%Shoplifting - implements 0 0 28 100%Theft of credit card 4 5 4 -20%Trespass on private property 13 12 6 -50%Trespass on private recreational facility 8 2 1 -50%Trespass on property of public or private school 106 82 105 28%Trespass on RR property 9 0 7 100%All Other Property Offenses 34 28 38 36%Property 2505 2108 2433Percentage of Yearly Total 23% 22% 24%

%

Yearly Percentage Change 15% Rhode Island 2009-2011 Three Year Plan Section 2 Page 19

Rhode Island 2009-2011 Three Year Plan Section 2 Page 20

2. Analysis of Juvenile Crime Problems and Juvenile Justice Needs

A. Analysis of Juvenile Crime Problems

4. Number of delinquent and status offenders admitted by gender and race to juvenile detention facilities

Rhode Island Training School for Youth By Race

All Delinquent Offenders No status offenders admitted

2006 2007 2008 White 510 656 682 Black 306 513 576 Asian 28 6 12

Native Amer 9 0 4 Other-

Undetermined 203 61 307

Total 1056 1236 1581

Gender

2006 2007 2008 Male 883 1062 1307

Female 172 174 274 Total 1056 1236 1581

* It has been noted that a 27.9% increase in RITSY population occurred in 2009 over the 2008 numbers. The marked increase in the population at the RITSY can be traced to a number of factors, including the completion of a new and larger facility late in 2008. Additionally it is of note that the RI Family Court reported an overall increase of 4% in the number of petitions in 2008 over 2007. Other causal relationships contributing to the increase in population are the topic of ongoing research.

Rhode Island 2009-2011 Three Year Plan Section 2 Page 21

2. Analysis of Juvenile Crime problems and Juvenile Justice Needs A. Analysis of Juvenile Crime Problems

5. Other social, economic, legal and organizational conditions considered relevant to delinquency prevention programming.

Rhode Island the S.A.G. continues to partner with several state and federal initiatives to improve the lives of children and youth. These initiatives include; *The Shared Youth Vision Federal Collaborative Partnership (JJDP, Dept of Labor, Dept of Education,) *The Youth Violence Prevention Partnership *The RI Children’s Cabinet *The Governor’s Council on Behavioral Health *Starting Right Initiative *Youth Development Advisory Group *State Incentive Grants (SAMSHA) *Supporting Student Success *JDAI (partnering with RI Kids Count & Annie E. Casey) Each of these groups represent a cross-section of Rhode Island private and public partnerships committed to combine and share resources across agencies in order to avoid duplication of service and optimize the available resources in order to most effectively serve the youth and families of Rhode Island.

Rhode Island 2009-2011 Three Year Plan Section 2 Page 22

2. Analysis of Juvenile Crime Problems and Juvenile Justice Needs

B. Rhode Island’s Priority Juvenile Justice Needs/Problem Statements

The 2008 Juvenile Offense Data reflects the highest rates of juvenile offending in the areas of Various Disorderly Behaviors 20% up 4%, Larceny Offenses 21%, Assault Offenses 14%remained the same, Drug Offenses 9%down 25%, Motor Vehicle Offenses 7% down 39% Reported Unknown 4% down 37%, Status Offenses 4% up 19%, Court Violations/Warrants 4%down 20%, Weapons Offenses 4% down 41% and Sex Offenses 1% down 37%. Overall juvenile detentions decreased by approximately 16%. This overall decrease reflects the national trend for the same reporting period. The only area of significant increase is in that of status offenses. The statewide status offense numbers directly reflect 3 underage drinking parties. Recent increased awareness campaigns supported by the Enforcing Underage Drinking Laws Grant along with local police department participation in the EUDL have spurred increased activities in this area.

According to the RI Family Court, petitions filed in the Family Court are the highest for property crimes at 24% of all petitions. There was an overall increase of 4% in the RI Family Court petitions for 2008. It is important to note that Juvenile Offense Data reflects initial point of contact detention data and would reflect only the most serious charge occurring for a particular detention. Additional offenses charged would appear as individual petitions to the RI Family Court. Any perceived discrepancy between the Juvenile Offense Data and Family Court Data should be viewed in light of this fact. The current Rhode Island data is used to support a continued focus on statewide delinquency prevention efforts, specifically in the after-school and out-of-school hours. Data shows the highest number of juvenile detentions occurring in the 14-16 year old group, that information will guide funding priorities and decisions for the 2009-2011cycle.

A recent study of recidivism rates by the Rhode Island Family Court indicates that the newly created Re-Entry Court still has much work to do. For example, in 2006 of the 5,579 juvenile referred to Family Court for Wayward and Delinquent Offenses 4,118 were first time offers 1,461, 26% were repeat offenders. In the current years funds from the Juvenile Accountability Block grant have been dedicated to assist the Re-Entry Court continue expanding its scope.

Of the 7 Race categories reported, 6 showed decreases, most significant were the 26 % decrease in Hispanic and 17% decrease in Asian juvenile crime rates. There was an increase in Native American offense numbers. However the 113% decrease is mediated by the number which it represents which is an increase of

Rhode Island 2009-2011 Three Year Plan Section 2 Page 23

only 9 individuals. The Native American passthrough amount will continue to play a large part in Tribal prevention projects. Educational needs in Rhode Island are currently being addressed by initiatives operated by the RI Department of Education. State resources directed at educational needs are discussed at The Rhode Island Children’s Cabinet. Coordination of Education and Delinquency Prevention is provided via discussion at the Rhode Island Youth Development Advisory Committee. The Juvenile Justice Specialist serves as a member on the Youth Development Advisory Committee. Attention to substance abuse related offenses are addressed by the Rhode Island Department of Substance Abuse (currently administering the EUDL grant program) as well as the Rhode Island Drug Court. The Drug Court was previously funded through the Juvenile Accountability Block Grant. In 2008 both at the arrest and petition level Drug Offenses reflect no increase in 2008 over 2007 and had previously reflected declining numbers. The RI Drug Court continues to have a positive impact in this area. There are no officially recognized rural areas in Rhode Island. Therefore there will be no discussion of delinquency prevention and treatment services available in rural areas.

Rhode Island 2009-2011 Three Year Plan Section 2 Page 24

3. Plans for Compliance with the First Three Core Requirements of the JJDP Act and the State’s Compliance Monitoring Plan

In order to ensure compliance with Section 223(a)(15) of the Juvenile Justice and Delinquency Prevention Act of 2002 (JJDPA), the State of Rhode Island will continue to implement a compliance monitoring strategy which provides an adequate system for monitoring adult jails, adult lockups, detention facilities and residential programs. This strategy combines the efforts of the Rhode Island Justice Commission, G4 S, as well as state and local entities and assures that federal laws and state laws regarding juvenile detention are observed juvenile detention facilities and training schools as well as any identified facility securely holding juveniles The State of Rhode Island has affirmed that compliance with the JJDP Act of 2002 will be a priority. Rhode Island will continue to pursue strategies to maintain compliance with the Act. For each of the requirements (3a-3d) below, please find the following descriptions;

a. Strategy, specific activities listed below, timetable is under the direction of G4S. The contract with G4S began January 1, 2006. G4S completed visits to 100% of all identified sites in the Summer of 2006 and another 100% site visits in 2007 & 2008

b. Currently no barriers have been identified. All facilities cooperating, state law in line with OJJDP requirements, funding available.

c. Role of the SAG, the Juvenile Justice Specialist in coordination with G4S will provide regular input to the SAG regarding compliance monitoring activities and status.

d. Adequate plans, resources to maintain compliance, and notification of OJJDP of change are assured in sections (3A-3D) below.

A. PLAN FOR DEINSTITUTIONALIZATION OF STATUS OFFENDERS (DSO) Rhode Island has been found to be in full compliance with di-minimus exception with Section 223(a)(11) of the JJDP Act. Rhode Island has contracted compliance monitoring activities to a private contractor (Securicor G4S) (a) adequate plans are on file and available for review, (b) resources are identified and on file and available for review and (c) OJJDP will be notified if circumstances arise that jeopardizes the state’s capability of maintaining compliance. Continued efforts shall be made by the contracting company, G4S and RI Dept of Public Safety Grant Administration Office to further reduce the instances of non-compliance of DSO through increased training opportunities, training resources, monitoring of self-reported violations and encouragement and assistance to develop written policy, post orders and internal directives that support deinstitutionalization.

Rhode Island 2009-2011 Three Year Plan Section 2 Page 25

Rhode Island Statute 14-1-26.1 allows “A juvenile taken into custody at a state, municipal, or college police department for an offense that would not be classified as criminal if committed by an adult, or non-offender juveniles, such as dependent or neglected children, shall be held for identification, investigation, and processing purposes only in an unlocked, multi-purpose room that is not designated for residential use or secure detention. The child shall not be handcuffed to a stationary object and must remain in continuous visual supervision of an agency representative. B. PLAN FOR SEPARATION OF JUVENILES FROM ADULT OFFENDERS

Rhode Island has been found to be in full compliance with Section 223(a)(12) of the JJDP Act. Rhode Island has contracted compliance monitoring activities to a private contractor (G4S) to ensure (a) adequate plans are on file and available for review, (b) resources are identified and on file and available for review and (c) OJJDP will be notified if circumstances arise that jeopardizes the state’s capability of maintaining compliance. Rhode Island Statute 14-1-26 allows that “In case a delinquent or wayward child is taken into custody or detained before or after the filing of a petition, or pending a hearing on the petition, the child shall not be confined in any prison, jail, lockup, or reformatory, or be transported with, or compelled or permitted to associate or mingle with, criminal, vicious, or dissolute persons, but shall be kept under the care of the person arresting the child, or of a police matron as provided in § 14-1-24, until by order of the court other disposition is made of the child as provided in this chapter; and if the child is ordered to be detained or confined in any of the institutions mentioned in this chapter, the child shall not be conveyed to or from the institution with adult offenders.” Rhode Island has no co-located facilities and Rhode Island State Law clearly forbids co-location. Additionally, Rhode Island General Law Section 14-1-7.3 Waiver/transfer/certification sates “upon a finding by the court that a child is subject certification pursuant to S14-1-7.2, the court shall afford the child a right to a jury trial, and upon conviction for the offense charges the court shall sentence the child in accordance with one of the following alternatives; 1-impose a sentence upon the child to the RI Training School for Youth until the time that the child attains the age of 21 years. 2-impose a sentence upon the child for a period in excess of the child’s twenty first birthday to the adult correctional institutions, with the period of the child’s minority to be served in the RI training school for youth in a facility to be designated by the court. However, the sentence shall not exceed the maximum sentence provided for by statute for conviction of the offense. 3-in the event that the court has modified the order of certification pursuant to s14.1.42 by suspending the balance of the sentence imposed, any violation of the terms of the suspended sentence shall be referred to the appropriate adult court to be treated in accordance with the regular procedure of the court, unless the person is under the age of (18) year at the time of the violation, in which case, jurisdiction over the sentence shall continue in the family court. e-any person who commits an offense which would be punishable as a felony if committed by an adult, after having certified and adjudicated by the family court pursuant to s14-1-7.2, may after a hearing by a justice of the family court to determine that probable cause exists to believe that the child has committed the offense, have the jurisdiction over his or her sentence transferred to the department of corrections to be served in facilities under the control of the department.

Rhode Island 2009-2011 Three Year Plan Section 2 Page 26

A finding that the child is subject to certification shall constitute presumptive evidence of the non-amenability of the person to further treatment in facilities available to the family court and the court shall transfer the jurisdiction over his or her sentence to the department of corrections to be served in facilities under the control of the department, unless the presumption is rebutted by clear and convincing evidence which demonstrates that the person is amenable to treatment in family court facilities. 14-1-7 Waiver/certification A if any child is charged with an offense which would be punishable by life imprisonment if committed by an adult, that child, upon motion of the attorney general, shall be brought before the court and the court shall conduct a waiver hearing pursuant to s14-1-7-1. Any motion for waiver or certification shall be filed with the court within 930) days of arraignment Any child (16) year of age or older who is charged with an offense which would constitute a felony if committed by an adult, shall upon motion of the attorney genera, be brought before the court and the court shall conduct a waiver hearing- In any hearing on a motion for waiver pursuant to s14-1.7.1 the court may consider whether or not the child may be alternatively certified pursuant to 14-1.7.2 C. PLAN FOR REMOVAL OF JUVENILES FROM ADULT JAILS AND LOCKUPS Rhode Island has been found to be in substantive di-minimus compliance with Section 223(a)(13) of the JJDP Act. Rhode Island has contracted compliance monitoring activities to a private contractor (G4S) to ensure (a) adequate plans are on file and available for review, (b) resources are identified and on file and available for review and (c) OJJDP will be notified if circumstances arises that jeopardizes the state’s capability to maintain compliance. None of the following exceptions apply 1 Six-hour hold 2 Transfer or waiver Rural removal exception does apply -RI has one federally recognized rural areas D. PLAN FOR COMPLIANCE MONITORING FOR THE FIRST THREE CORE

REQUIREMENTS of the JJDP Act

(1) Policy and Procedures *See Attachment - RI’s Compliance Monitoring Policy and Procedures Manual

(2) Monitoring Authority Rhode Island has contracted compliance monitoring activities with G4S Youth Services, LLC, .P.O. Box 4068, Deerfield Beach, Florida 33441-4068. The primary function of this contract is to conduct site visits and to collect, evaluate and compile data

Rhode Island 2009-2011 Three Year Plan Section 2 Page 27

pertaining to the secure detention of juveniles. The data is then utilized in an annual report to the Office of Juvenile Justice and Delinquency Prevention. The information contained within the annual report is used by OJJDP to determine the State of Rhode Island’s compliance with the requirements of the Juvenile Justice and Delinquency Prevention Act of 2002. Non-compliance with the Act endangers Rhode Island’s receiving grant monies from the federal government. Compliance Monitoring has been contracted with G4S Youth Services LLC, 804-754-1100 The monitoring contract requires that the compliance monitoring company will work closely with Rhode Island Dept. of Public Safety Grant Administration Office, providing information to the Juvenile Justice (JJ) Specialist, sharing information with the State Advisory Board, and others as required.

Authority to perform the monitoring function is granted under Rhode Island General Law 42-26-4.

RIGL 42-26-4(1) gives the RIDPSGAO the authority to… “Serve as the state planning agency for administration of federal criminal justice related grant programs including, but not limited to the Juvenile Justice and Delinquency

Prevention Act of 1974, as amended…” According to RIGL 42-26-4(10), the RIDPSGAO has…

“ the authority to collect from the department of corrections and any state or local government departments

and agencies, such public information, data, reports, statistics, or other material which is necessary to carry out the commission's functions; and to collect from non-profit

organizations which receive state or federal funds all information necessary to carry out the commission's

functions…” Finally, RIGL 42-26-11 dictates that…

“All other departments and agencies of the state government are hereby authorized and directed to cooperate with the commission and to furnish such

information as the commission shall require.”

The monitoring company must comply with Rhode Island General Laws and all of the requirements listed within the JJDP Act of 2002.

(3) Monitoring Timeline –See Section 505 of RI attached Compliance monitoring manual

(4) Violation Procedures

Date Issued: April/2007

Rhode Island 2009-2011 Three Year Plan Section 2 Page 28

Review Date: Biennially thereafter Last Review: April/ 2008 Related Federal Law: JJDP Act Section 223(a) 14 Related CRF: OJJDP Formula Grants Consolidated Regulation, 28 CFR Part 31 Related Federal Guidance: Guidance Manual for Monitoring Facilities Under the Juvenile Justice and Delinquency Prevention Act of 2002, Section 5 Related Monitoring Policies: 100, 101, 103, 300 Statement of Purpose: To outline the administrative procedures that will be used by the RIDPSGAO and monitors to receive, investigate, and respond to reports of violation of compliance with established rules and regulations. Policy: Rhode Island General Law – RIGL 42-26-4(1) give the RIDPSGAO oversight authority in complying with the JJDP Act of 2002. Procedures: 1. The RIDPSGAO and designated monitors perform statewide monitoring; a detailed description of

the process and tasks is contained in policy number # 103 RIDPSGAO Compliance Monitoring Manual.

2. data directly to the RIDPSGAO and its designated monitors, which calculates violations based on reported data. The RIDPSGAO or designated monitor may e-mail or contact by phone the facility to determine the completeness and accuracy of the data in question. Based on their response, RIDPSGAO or their designated monitor will determine if a violation actually occurred. If so, were the circumstances unavoidable (i.e., time/distance or weather considerations)? If unavoidable, the violation will be reported to the OJJDP with supporting documentation and no further follow-up. If reporting error, the facility will correct the error and there will be no further follow-up. If an avoidable violation, the violation will be reported and the on-site monitor will follow-up during the normally scheduled onsite visit. The monthly report will act as the information of the violation. No violation additional form will be completed unless the facility has an excessive number of avoidable violations. In that case, RIDPSGAO or its designated monitor will conduct a special onsite visit to provide confirmation of the violation.

When either a complaint of a violation is made against a facility or a monitor encounters an unreported compliance violation during an on-site visit, the monitor will document the violation.

The monitor will fully investigate the violation following OJJDP Rules and Regulations

If, upon investigation, a violation is confirmed, the facility investigated for the compliance violation(s) will be provided additional training and training resources; measures necessary to come into compliance; and an offer of technical assistance per their request.

The monitor shall recommend further follow-up to the RIDPSGAO as necessary (7) Identification of the monitoring universe – Section 501 Policies & Procedures

Rhode Island 2009-2011 Three Year Plan Section 2 Page 29

Pursuant to the JJDP Act of 2002, the monitoring company G4S has identified facilities that have authority to securely detain juveniles or commonly called the Monitoring Universe. This universe includes: adult jails, adult lockups, detention centers, airport security, etc. This is a continuing process and the monitoring company works closely with the RIDPSGAO to continue to identify other facilities.

(8) Classification of Monitoring Universe – Section 502 Policies & Procedures

Juveniles may only be securely detained in places that are authorized by the Rhode Island State Statutes and within the boundaries of the JJDP Act of 2002. The following narrative is taken directly from RI’s Compliance Monitoring Manual Date Issued: April/2007 Review Date: Annually thereafter Last Review: April/ 2008 Related Federal Law: JJDP Act Section 223 (a) (11), (12), (13) & (14) Related CRF: OJJDP Formula Grants Consolidated Regulation, 28 CRF Part 31 Related Federal Guidance: Guidance Manual for Monitoring Facilities Under the Juvenile Justice and Delinquency Prevention Act of 2002, Section 5 Related Monitoring Policies: 500, 501, 503-506 Statement of Purpose: OJJDP requires that states, (Formula Grant recipients) participating in the JJDP Act of 2002, establish and maintain an adequate monitoring system and plan for purposes of compliance with the Act and for OJJDP compliance audits. This policy relates to the annual classification process of the monitoring universe.

Policy: The designated monitors will during their on-site monitoring visits, review and classify and/or reclassify, all facilities listed in the Facility Master List located within the Monitoring Universe. As defined in the Federal Register, June 20, 1985, page 25558, “This is the classification of all facilities to determine which ones should be considered as a secure detention or correctional facility, an adult correctional facility, an adult correctional institution, jail, lockup, or other type of secure or non-secure facility.”

The OJJDP Guidance Manual, Page 27, states: “States must determine whether or not a facility in which juveniles are detained or confined as an adult jail, adult lockup, or a secure juvenile detention center or correctional facility. The JJDP Act prohibits the secure custody of juveniles in adult jails and lockups. Juvenile facilities collocated with adult facilities are considered adult jails or lockups absent compliance with the four criteria listed in this section. A facility adhering to the four criteria would qualify as a separate secure juvenile detention center or correctional facility for the purpose of monitoring for compliance with DSO, Jail Removal and Separation.”

For purposes of this policy, there will be three categories for classification to each facility:

1) Is it public or private? 2) Is it a juvenile facility, adult facility, or used for both” 3) Is it secure or non-secure?

For purposes of this policy and for classification the definitions listed in policy 400 will be used.

Rhode Island 2009-2011 Three Year Plan Section 2 Page 30

Procedures:

1. All state operated or contracted adult correctional facilities and halfway houses will be classified as secure adult facilities and will not be subject to RIDPSGAO monitoring. This is based on the Rhode Island State Statutes, which prohibit the confinement of juveniles, unless charged and sentenced as adults, and is enforceable through Judicial practice. This is consistent with OJJDP Regulations on exclusion from inspection and data collection.

2. RIDPSGAO monitors will classify all county operated jails, lockups, and unlicensed collocated detention facilities as public, secure facilities that may be used for the incarceration of juveniles and/or adults. A minimum of 1/3 of all of these facilities will be monitored annually. These facilities must report data monthly, or state in writing, that they did not hold youth.

3. All other facilities not discussed under #2 will be classified as follows: A) All facilities public and private, in which youth may be placed pursuant to court

authority, must have a state agency with oversight supervision. The state agencies with oversight supervision authority are:

1) Department of Corrections 2) RI Department of Children, Youth & Families 3) Department of Health and Human Services 4) Supreme Court 5) RI Office of the Child Advocate

B) Biennially, the RIDPSGAO will review the above list in 3(A) to assist in reclassifying these facilities. Facilities classified as secure, public or private, juveniles and/or adult will be subject to inspections as outlined in policy 503, unless they are residential treatment centers with Joint Accreditation of Hospitals which do not require monitoring in accordance with the JJDP Act and because Rhode Island law requires that no youth may be placed in a secure mental health facility unless they are suffering from a mental

(9) Inspection of Facilities – Section 503 Policies & Procedures- Page 26 Once the facilities are identified, they are classified as (1) secure or (2) non-secure. A complete review of the RI monitoring universe was completed in 2006 and again in 2007 & 2008. Regardless of classification, all adult jails and adult lockups are visited at a rate of 100% annually per the JJDP Act of 2002. Additionally, the juvenile detention and training school is visited annually. The efforts of the compliance monitoring company is to verify, at a level appropriate within federal guidelines, that each facility securely holding juveniles does so in a manner consistent with the JJDP Act of 2002. This is conducted during the site visit. The site visit consists of a walk through of each facility specifically identifying where juveniles may be held; a review of the data that is submitted monthly and a series of questions to assist in determination of classification, jail tours/scared straight type programs, and current policy and/or procedure.

(10) Data Collection and Verification – Section 504 – Page 30

Date Issued: April/2007

Rhode Island 2009-2011 Three Year Plan Section 2 Page 31

Review Date: Biennially thereafter Last Review: April/ 2008 Related Federal Law: JJDP Act Section 223 (a) (11), (12), (13) & (14) Related CRF: OJJDP Formula Grants Consolidated Regulation, 28 CRF Part 31 Related Federal Guidance: Guidance Manual for Monitoring Facilities Under the Juvenile Justice and Delinquency Prevention Act of 2002, Section 5 Related Monitoring Policies: 500-503, 505-506 Statement of Purpose: It is necessary to verify data self-reports to the RIDPSGAO to each facility’s on-site records to obtain accurate information for calculation of compliance. On-site data verification increases the accuracy of the reported information. Policy: The RIDPSGAO and its monitoring staff will be responsible for verifying data on youth held in monitored facility subject to inspections following OJJDP Rules and Regulations on data collection. Data will be verified for the current reporting year. For continuity and clarification the RIDPSGAO staff monitors will note on the report the individual who is responsible for reporting facility data to RIDPSGAO and their phone number. If no one has been doing the reporting prior to the on-site visit, the monitor will requires that the facility provide the name and contact information for an individual who will begin reporting effective immediately. Procedures: RIDPSGAO maintains a central database computer system and program that documents all youth securely and non-securely confined in the state. Once each month, each facility generates a report of all youth held and forwards this report to the RIDPSGAO, where it is entered into the database. Any identified potential violations result in contact with the facility for further information to determine an error in transmission of data or a violation of the JJDP Act. Violations are documented in the central database computer system as having been verified and a note is made as to the reason. Technical assistance is provided at each contact with the facility. During the on-site visits, a review of submitted data is conducted. Those identified as potential violations will be reviewed for compliance and additional technical assistance needed for the reporting facility.

4. Plan for Compliance with Disproportionate Minority Contact Core Requirement

Phase I: Identification Submission of the 2008 DMC Matrix have identified that DMC exists. At the arrest point data shows the highest rate 9.82 for Black/African American followed by Hispanic 2.41 and Asian 1.70. The next highest rates are Confinement in Secure Facilities African American 1.77 up .7.9% from last year, and Asian 1.49 up .17 from last year. At this same point, Hispanic rates reflect slightly elevated numbers. As a result of a statewide

Rhode Island 2009-2011 Three Year Plan Section 2 Page 32

multi -year assessment areas of concern specifically tied to DMC have been identified. Planning for a multi-faceted approach continues to be addressed at the local and statewide levels

(1) Update DMC Identification Spreadsheets (Attachment 2)

(2) DMC Data Discussion

(a) Although all three major population categories (Black/African American, Hispanic/Latino and Asian saw increases in 2008 0ver 2007 the most significant was the Black/African American rising from 4.98 in 2007 to 9.92 in 2008. This statistically significant number will be presented to the DMC committee at it’s next meeting for review and discussion.

(b) The Hispanic and Asian RRI’s did increase however minimally. While any increase would potentially be cause for review the Hispanic and Asian numbers will be viewed in light of the relatively small number overall and tracked for future trends.

Phase II: Assessment/Diagnosis (1) The DMC assessment referred to in the last paragraph is now in final form and was

presented to the RI SAG in the fall of 2007. At the request of the SAG additional data were gathered to determine full extent of DMC at RI Family Court. The Final Assessment serves as a framework and guide for ongoing DMC efforts. A statewide DMC committee meets on a monthly basis as do individual DMC sub-committees.

One finding indicated an ongoing need for improved police-community communication, enhancement of mutual understanding, building of stronger constituencies for change, better training and outreach and citizen involvement. A DMC police training sub-committee meets regularly to update training modules and cirrucula.

Phase III: Intervention Due to the indicated need for improved police-community communication, enhancement of mutual understanding, building of stronger constituencies for change, better training and outreach and citizen involvement a DMC police sub-committee was created. This committee meets monthly to discuss methods to address findings related to police activity in the assessment.

(1) Progress Made in FY 2008:

As a result of findings in the most recent DMC study 4 targeted sub-committees have been formed. Each committee met throughout 2008 on a monthly basis to create a priority list of tasks for each committee to accomplish. The committees and their priorities are listed below;

A. DMC Court subcommittee created charged with the tasks listed below

Rhode Island 2009-2011 Three Year Plan Section 2 Page 33

* To increase the number of juvenile hearing boards and number of youth with access to local boards.

* Greater use of specialty courts, such as truancy courts and drug courts

* Research data to determine if home confinement as an alternative to placement in detention is feasible

B. Police Subcommittee

* Disseminate DMC data to individual departments so each can evaluate their unique data

* Build police/community relations and promote mutual understanding via;

* Training line officers in dealing with youth, mental health, and diversity issues

* Institute role-playing programs to build understanding

* Produce a comprehensive DMC training video, similar to the one currently used in CT.

C. Student Resource Officer/Educator Subcommittee

* Increase SRO and police-sponsored activities to foster better youth/police understanding, such as sports programs and school sponsored activities

* Examine SRO/school policies to determine what is currently;

* Handled internally by school personnel/administration

* Handled by SRO in school

* Handled by SRO by making arrests

D Juvenile Hearing Board Subcommittee

* Analyze the effectiveness of juvenile hearing boards and the possibility of expanding the use of them, as well as expanding them to include mental health and substance abuse assessments. These local boards serve as the first line to keep youth out of the formal juvenile justice system

(2) DMC Reduction Plan for FY 2009-2011

Rhode Island 2009-2011 Three Year Plan Section 2 Page 34

(a) Specific activities

The DMC committee along with its 4 sub-committees have now defined their priorities for 2009 and will continue to pursue activities toward their stated goals. Each sub-committee is responsible for monitoring and tracking their own progress toward stated goals. A list of activities follows in section 2.

The DMC committee will continue to meet on a monthly basis to review progress and provide ongoing support and direction to the sub-committees.

The first activity of the year is a meeting between the DMC committee and RI Family Court personnel, this meeting will be focused on system improvement intervention. This meeting is scheduled for Feb 10, 2009.

(b) timeline, funding amount and source

The DMC committee will meet on the following dates in 2009

Jan 20

Feb 17

March 17

April 21

May 19

June 16

July 21

Aug 18

Sept 15

Oct 20

Nov 17

Dec 15 Immediately following each DMC meeting each sub-committee will break out into individual meetings to discuss progress and future goals

Funding amount and funding source

Funding of $80,000 for 2009, 2010, & 2011 has been allocated in the current 2009-2011 Three Year Plan Formula allocation to cover all DMC activities in Rhode Island including the cost of meetings, travel, printing of materials, research, and staff support.

Phase IV: Evaluation

Rhode Island 2009-2011 Three Year Plan Section 2 Page 35

Evaluation and performance measurement will include but not be limited to the following performance measures;

1) Types of data collection improvements made compared with number expected.

2) Changes in the annual Disproportionate Minority Contact Index at each decision point in the system (arrest, referral to juvenile court, diversions, detention, petition, adjudication, probation, corrections, and transfer to adult court.

3) Number of sub-grants awarded for specifically targeted DMC activities

Phase V: Monitoring 1) Tracking of DMC trends will occur via a variety of formats including but not limited to

monthly Juvenile Detention Data collected from local police departments. Reports from the RI Family Court, the RI Training School for Youth and from the RI DMC committee.

2) The RI JJ Specialist will monitor and track changes along with the DMC coordinators Toby Ayres, PhD and Kenneth Amoriggi, JD.

3) Monitoring activities will occur on a monthly basis and with a calendar year end review and comparison with previous years data.

.

Rhode Island 2009-2011 Three Year Plan Section 2 Page 36

5. Coordination of Child Abuse and Neglect and Delinquency Programs

As indicated in and evidenced by Rhode Island’s approved “Request for Waiver” the no county form of government in Rhode Island allows for greater statewide coordination of services for abuse, neglect and delinquency. Coordination of Abuse and Neglect and Delinquency programs in Rhode Island have been made part of statewide policy and are required as set out specifically in Rhode Island General Law 14-1-26. You may access a full narrative of this document RIGL 14-1-26 at the State of Rhode Island web-site.

A. Reducing Probation Officer Caseloads Juvenile Probation is not a function of local government in Rhode Island. Rhode Island has no county form of government, therefore no local units of government. All functions of government exist only at the state level. Accordingly these services emanate from and are supported at the State level. Specifically, Juvenile Probation is a function of the Rhode Island Department of Children Youth and Families. This statement is also reiterated in Rhode Island’s Juvenile Accountability Incentive Block Grant applications years 1997 through 2008.

B. Sharing Public Child Welfare with Juvenile Courts Title 42 of Rhode Island General Laws State Affairs and Government Chapter 42-Section 72-8 specifically address “Sharing Public Child Welfare Records”

C. Establishing Policies and Systems to Incorporate Child Protective Services Records into Juvenile Justice Records Title 42 of Rhode Island General Laws State Affairs and Government Chapter 42-Section 72-8 specifically address “Systems to Incorporate Relevant Child Protective Services Records into Juvenile Justice Records”

Juvenile Offenders whose placement is funded through Section 472 of the Social Security Act (42 U.S.C., 671), including a case plan and case plan review as defined in Section 475 of such Act (42 U.S.C. 675) are covered by Rhode Island General Law Title 42, Section 42.

6. Collecting and Sharing Juvenile Justice Information

A. Process for gathering juvenile justice information and data across state agencies; The following juvenile justice information and data are compiled via a statewide system of gathering juvenile information and data across state agencies. Each department (Family Court, Attorney General, DCYF, etc) compiles its own internal tracking data. Once a year each department prepares its own activity report. A copy of each department’s report is requested by the Juvenile Justice Specialist to be shared with the SAG in preparing the State’s 3 Year Plan. This statewide data gathering is a relatively simple process as Rhode Island has only one statewide juvenile justice system comprised of the agencies listed earlier in the text. Rhode Island has no county form of government. All services reside at the state level and all State agencies have their headquarters within

Rhode Island 2009-2011 Three Year Plan Section 2 Page 37

a square mile in the Capitol City of Providence. Some juvenile justice agencies i.e., RI Family Court and the Department of Children Youth and Families, have satellite offices in outlying areas, all administrative functions emanate from the Providence area. This centrally located system allows for easy access and communication across agencies. Local police departments report directly to RIDPSGAO on a monthly basis via a system described in the Compliance Monitoring section

B. One barrier overcome was in completeness of information. This incomplete information was revealed in a recently expanded compliance monitoring project whereby juvenile records were found to be missing some charging information when the youth were transferred to secure detention. However, after researching the source of the gap RI Family Court re-trained some staff and amended policy to address a more complete reporting in initial paperwork and subsequent checking of any perceived gaps. Another information sharing barrier that has been over come was an initial resistance from Family Court legal council to share juvenile justice information with DMC researchers. This was overcome by providing reference numbers to each case for research purposes. Information being requested would contain all offense information except name, social security number and street address, zip codes allowed. This has averted any potential confidentiality issues.

Rhode Island 2009-2011 Three Year Plan Section 2 Page 38

7. Program Descriptions (#1) A. Program Area Code and Title

Program Area Code: 23 Title: Planning and Administration B. Program Goals Improvement of JJ systems by effective Administration of all aspects of the Juvenile Justice and Delinquency Prevention Act of 2002. C. Program Objectives: Support state and local prevention and intervention efforts and juvenile justice system improvements via providing technical assistance, information sharing, and grant funding. D. Activities and Services

To provide staff support to the JJAC (SAG) in accordance with the Act. In consultation with the JJAC, to annually prepare and submit to the OJJDP a timely three-year plan, plan updates, performance reports and compliance monitoring reports. To insure compliance with the mandates of the Act through ongoing field monitoring and self-report data. In consultation with the JJAC and Supervisory Board, to set yearly priorities, request proposals, and conduct an equitable process for funding projects supported by provisions of the Act. To conduct programmatic, fiscal, administrative monitoring of the performance of sub-grantees. E. Performance Measures

Output Formula Grant funds awarded for P&A Number of SAG committee and subcommittee meetings staffed Number of Planning activities conducted Number of sub-grants awarded

Outcome Average time from receipt of sub-grant application to date of award Number and percent of programs funded directly in line with the 3-year plan

Number of FG funded programs sustained after 3 years Number of FTE’s funded with FG funds

F. Budget Planning and Administration -Program Area Code 23

Fiscal Year Formula Grant Funds($) State/Local/Private Funds($) Total ($) 2009 $60,000 $60,000 $120,000 2010 $60,000 $60,000 $120,000 2011 $60,000 $60,000 $120,000

Rhode Island 2009-2011 Three Year Plan Section 2 Page 39

7. Program Descriptions (#2)

A. Program Area Code and Title

Standard Program Code: 31 Title: State Advisory Group B. Program Goals Recognizing the essential role of broad community participation in planning and programming for systems that deal with the needs of youth and their families, the Juvenile Justice and Delinquency Prevention Act allows the State Advisory Group to utilize up to $30,000 of its annual award for its related activities. In Rhode Island, the state advisory group is called the Juvenile Justice Advisory Committee (JJAC). In Rhode Island, the Juvenile Justice Specialist provides programmatic assistance to the JJAC. Juvenile Justice Advisory Committee members are appointed by the Governor. The current membership is a cohesive, committed group of professionals sincerely dedicated to the improvement of conditions for youth in Rhode Island.

To improve JJ systems by increasing compliance with the Core Requirements and increasing availability and types of prevention and intervention programs.

C. Program Objectives Improve Planning and Administration. Funds provided to the JJAC under the Act support activities in developing and reviewing state planning documents relating to juvenile justice, making recommendations to the Governor on dispersal of sub-grants under the Act, and advising the Governor and General Assembly on issues related to juvenile justice and delinquency prevention. Other activities include, seeking contact and regular input from youth under the jurisdiction of the juvenile justice system, and building coalition with the community, as well as the child and family service network, to identify and meet the needs of youth and their families.

D. Activities and Services Continue to make improvements in the R.I. RFP process. Reconsider the parameters governing sub-grants, including grant size(s), duration of grants, evaluation mechanisms necessary to fulfill the program priorities of the Act in ways that are supportive of initiatives funded.

E. Performance measures:

Output Number of SAG committee meetings held Number of SAG subcommittee meetings held Annual report submitted to the Governor Number of Grants funded with Formula Grants funds Number and percent of programs using evidence-based models

Rhode Island 2009-2011 Three Year Plan Section 2 Page 40

Number and percent of SAG members trained Number and percent of SAG members contributing to plan or plan update Outcome Number and percent of plan recommendations implemented Number of FG funded programs sustained after 3 years

Number and percent of SAG members how increased knowledge of their program areas

F Budget:

State Advisory Group-Standard Program Code 31 Fiscal Year Formula Grant Funds($) State/Local/Private Funds($) Total ($) 2009 $30,000 -0- $30,000 2010 $30,000 -0- $30,000 2011 $30,000 -0- $30,000

Rhode Island 2009-2011 Three Year Plan Section 2 Page 41

7. Program Descriptions (#3)

A. Program Area Code and Title

Program Area Code: 06 Title: Compliance Monitoring

B. Program Goals: The number of non-compliant incidents steadily decreased over the past 10 years it is the ultimate goal to attain full compliance. Through the process of continued improvement of RI’s compliance monitoring system along with increased training and technical assistance this goal will be fulfilled. As of January 1, 2006 the Rhode Island Justice Commission has contracted with G4 Securicor to assist with compliance monitoring activities. This contract will further improve RI’s compliance monitoring process by leveraging the experience and expertise of the staff at G4S. To improve JJ systems by increasing compliance with the Core Requirements C. Program Objectives: To support both State and local prevention efforts and JJ system improvements Increased compliance with core requirements D. Activities and Services A complete review of current systems for effectiveness To continue to provide technical assistance and follow-up to all sites in monitoring universe Training specifically designed for juvenile justice professionals and law enforcement Salary for one part time staff dedicated to compliance monitoring Completion of yearly Compliance Monitoring Technical Assistance site visit 100% site visits to all identified facilities in universe E Performance Measures: Output Number of facilities receiving TA Number of program policies/procedures created, amended or rescinded Outcome Submission of complete annual monitoring report to OJJDP Number and percent of program staff with increased knowledge of program area

F. Budget: Compliance Monitoring - Program Area Code: 06

Fiscal Year Formula Grant Funds($) State/Local/Private Funds($) Total ($) 2009 $60,000 -0- $60,000 2010 $60,000 -0- $60,000 2011 $60,000 -0- $60,000

Rhode Island 2009-2011 Three Year Plan Section 2 Page 42

8. Program Descriptions (#4) A. Program Area Code and Title Program Area Code: 7 Title: Court Services B. Program Goals Improvement of JJ systems by effective Administration of all aspects of the Juvenile Justice and Delinquency Prevention Act of 2002. C. Program Objectives: Expansion and development of Family Courts pre- and post-adjudication services D. Activities and Services Expansion of Specialty Courts Expanded use of mediation, community services, truancy and drug courts Implementation of JDAI Expansion of other related services E. Performance Measures Output Number of program youth served Outcome Number and percent of program youth who offend or re-offend Number and percent of youth completing program requirements

F. Budget Court Services -Program Area Code 7

Fiscal Year Formula Grant Funds($) State/Local/Private Funds($) Total ($) 2009 $60,000 0 $60,000 2010 $60,000 0 $60,000 2011 $60,000 0 $60,000

7. Program Descriptions (#5)

Rhode Island 2009-2011 Three Year Plan Section 2 Page 43

A. Program Area Code and Title: Program Area Code: 10 Title: Disproportionate Minority Contact B. Program Goals Administration of Juvenile Justice and Delinquency Prevention Act of 1974 (updated 2002) C. Program Objectives To administer the JJDPA Formula Grant program in accordance with the needs of Rhode Island's youth and their families, with this plan, and with the guidelines and mandates of the Act. D. Activities and Services Ongoing DMC training for all Rhode Island court staff, including judiciary. Uniform statewide policies/procedures to promote bias-free policing. Working group continues to meet with Police Officers Commission on Standards and Training (POST) and RILETA to review existing police training curriculums. Address community fears of retaliation for making a compliant Achieve a diverse police force by 2012 100% of RI police force accredited by 2010 Communication and collaboration on racial profiling legislation Continue to collect data on all aspects of DMC related juvenile justice issues in order to identify and address areas of concern in a timely manner.

E. Performance Measures: Output Number of programs implemented Number of hours of program staff training provided Number of program materials developed Outcome Number of contributing factors determined from assessment studies Number of contact points reporting reduction in disproportionality at the state level Number of contact points reporting reduction in disproportionality at the local level Number and percent of recommendations from assessment studies implemented F. Budget: Program Area Code: 10 Title: Disproportionate Minority Contact

Fiscal Year Formula Grant Funds($) State/Local/Private Funds($) Total ($) 2009 $80,000 -0- $80,000 2010 $80,000 -0- $80,000 2011 $80,000 -0- $80,000

Rhode Island 2009-2011 Three Year Plan Section 2 Page 44

7. Program Descriptions (#6)

A. Program Area Code and Title

Program Area Code 22: Title: Native American Programs

B. Program Goals Funding of Native American program targeted at at-risk tribal youth.

C. Program Objectives Increase organizational capacity

D. Activities and Services Performance of culturally appropriate sanctions for tribal youth. To secure additional funds as needed for activities related to Tribal Youth Court To broaden youths knowledge of their responsibility to themselves and the larger community by using current recognized effective practices E. Performance Measures Output Number of program slots available Number of program youth served Average length of stay in program Outcome Number and percent of program youth who offend or re-offend Number and percent of program youth exhibiting desired change in targeted behaviors Number and percent of program youth completing program requirements Number and percent of program youth satisfied with program

F. Budget Program Area Code: 22 Title: Native American Programs

Fiscal Year Formula Grant Funds($) State/Local/Private Funds($) Total ($) 2009 $10,000 -0- $10,000 2010 $10,000 -0- $10,000 2011 $10,000 -0- $10,000

Rhode Island 2009-2011 Three Year Plan Section 2 Page 45

7. Program Descriptions (#7)

A. Program Area Code and Title:

Program Area Code: 09 Title: Delinquency Prevention

B. Program Goals: To improve JJ systems by increasing compliance with the Core Requirements and increasing the availability and types of prevention and intervention programs.

C. Program Objectives: To support both State and local prevention and intervention efforts and JJ system improvements

D. Activities and Services : Conduct planning Activities, implement programs, monitor programs. E. Performance Measures: Output

Number of program slots available Number of program youth served

Average length of stay in program Outcome Number and percent of program youth exhibiting desired change in targeted behaviors Number and percent of youth completing program requirements Number and percent of program families satisfied with program Number and percent of program youth satisfied with program F. Budget

Program Area Code: 09 Title: Delinquency Prevention Fiscal Year Formula Grant Funds($) State/Local/Private Funds($) Total ($) 2009 $250,000 -0- $250,000 2010 $250,000 -0- $250,000 2011 $250,000 -0- $250,000

Rhode Island 2009-2011 Three Year Plan Section 2 Page 46

4. Program Descriptions (#8) A. Program Area Code and Title

Program Area Code: 35 Title: Strategic Community Action Planning B. Program Goals Improvement of JJ systems by effective Administration of all aspects of the Juvenile Justice and Delinquency Prevention Act of 2002. C. Program Objectives: Support of activities bringing together community leaders and residents to identify and access existing resources to develop multifaceted responses to local and statewide juvenile justice issues and concerns. D. Activities and Services Review of current resources along with analysis of funding streams Identification of service gaps, areas of need E. Performance Measures

Output Number of Planning activities conducted

Outcome Number of Programs, services, or practices implemented as a result of SCAP process Number of SCAAAP programs, practices or services sustained 1 year after SCAP process

ended F. Budget Strategic Community Action Planning -Program Area Code 35

Fiscal Year Formula Grant Funds($) State/Local/Private Funds($) Total ($) 2009 $50,000 0 $50,000 2010 $50,000 0 $50,000 2011 $50,000 0 $50,000

G. SMART Please see GMS attachment for SMART info. Sub-grantee geographic information will not be known until RFP process is complete. Immediately after sub-awards are made geographic information will be submitted to OJJDP via GMS.

Rhode Island 2009-2011 Three Year Plan Section 2 Page 47

8. Sub-grant Award Assurances The Rhode Island Department of Public Safety, Grant Administration Office, Juvenile Justice Advisory Committee as part of its activities has included in the 2009-2011 RFP process language which encourages applicants, to the extent practicable, make evidence-based programs and activities part of their application. All eligible applicants to the Rhode Island Justice Commission for OJJDP funding will be directed to the Model Programs Guide and Database at www.dsgonline.com/mpg_index.htm for information on evidence-based juvenile justice programs. Applicants will be strongly urged via the RFP process to make use of the above referenced resources. Additionally, quarterly program progress/performance reports and financial reports are required from sub-grantees funded by OJJDP funds through the RIDPSGAO. Included in the RIDPSGAO Policies and Procedures Manual page 25 Section 3 Monitoring, clearly states “Each grant administrator is required to fully monitor the performance of all sub-grantee programs. Grant proposals are required to include a budget narrative and measurable objectives. The main reason to monitor is to ensure that grant funds are expended according to the approved project budget and activities and purchases are impacting stated objectives.”

Rhode Island 2009-2011 Three Year Plan Section 2 Page 48

9. SAG Membership State Advisory Group Membership Form

Name

Represents

F/T Govt.

Youth Member

Date of Appointment

Residence

1

Br. Brendan Gerrity, Chair

D,F

March 1995

Narragansett

2

Vincent McAteer

C

X

October 2005

Cranston

3

Sandra Starnino-Lonardo

G,H

May 1998

Cranston

4

Jeremiah S. Jeremiah, Jr.

B

X

March 1995

Cranston

5

Ms. Dorothy Gardnier,Vice Ch

C

X

April 1997

Warwick

6

Ms. Sue Urso

B

X

October 2005

Providence

7

Mr. Nick Cardi

E

October 2005

Cranston

8

Judge Kathleen Voccola

B

X

March 6, 1995

Cranston

9

Mr. Stephen King

B

X

October 2005

No. Kingstown

10

Ms. Lidia Oster

B

X

Jan. 1993

Lincoln

11

Alberta Catallozzi

C

X

March 1995

Smithfield

12

Mr. Joseph Le

D

March 1995

Providence

13

Angela Bucci-Paulhus, Esq.

B

X

March 1995

Providence

14

Ms. Geneva Singletary-Johnson

E

March 1996

Providence

15 Mr. Timothy Lee A,B X October 2005 Warwick

16 Ann Clanton E October 2005 Warwick

17 Sarah Riley X March 1995 Pawtucket

18

Ms. Kara Geoghegan

X

April 1997

Warwick

19

Phillipe Simon

X

October 2005

Providence

20 Esteban Flores X October 2005 Narragansett

21 Fred Trapasi E October 2005 Scituate

21 Members – 4 Youth Members – 10 Full-Time Government – as of Feb 2009 SAG serves as Advisory Board, Supervisory Board listed on page 54

10. Staff of the JJDP Formula Grants Program - Organizational Chart

State of Rhode Island Public Safety Grant Administration Office (PSGA

(formerly the Rhode Island Justice Commission)

January, 2009

Dept. of Public Safety Central Management

Office

Elaine Richards CFO Administration Manager

RI Department of Public Safety Brendan P. Doherty, Commissioner

Superintendent, RI State Police

David LeDoux

Rhode Island 2009-2011 Three Year Plan Section 2 Page 49

Rhode Island 2009-2011 Three Year Plan Section 2 Page 50

The Rhode Island Justice Commission (RIDPSGAO), formerly the Governor's Justice Commission (GJC) is an independent agency in the Executive Department that is responsible for planning, coordination, data collection/statistical analysis and grant administration and distribution for the adult and juvenile criminal justice systems. The Commission derives its authority from Chapter 42-26-1 of the General Laws of Rhode Island (see Appendix) that also creates a supervisory body identified as the Policy Board. List of the other programs administered by the Rhode Island Justice Commission

the Byrne Memorial Drug Control and Systems Improvement (Byrne) Formula Grant;(JAG)

the Juvenile Justice Delinquency Prevention Act (JJDPA) Formula Grant Program and associated grants;

the Victims of Crime Act (VOCA) Victims' Assistance Formula Grant; the S.T.O.P. Violence Against Women Act (VAWA) Formula Grant Program and

associated discretionary grants; the Statistical Analysis Center (SAC) Program; the National Criminal Histories Improvement Grant Program (NCHIP); the Residential Substance Abuse Treatment (RSAT) for State Prisoners Grant

Program; the State Information Systems (SIS) Grant Program

Staffing and management plan for the Formula Grants Program Name Title Funding

Source State Match % of time

devoted to JJDP Program

Elizabeth Gilheeney

Juvenile Justice Specialist

JJDP 75% 25% from State

JJDP 50%

100 to all Juvenile Justice Programs %

Gina Tocco Administrative Assistant

15%

25%

50%

Accounting Support

Central Business Office

In-Kind N/A 10%

Thomas Mongeau

Executive Director

JJDP 10%

25%

20%

Rhode Island 2009-2011 Three Year Plan Section 2 Page 51

Rhode Island Dept of Public Safety, Grant Administration Office Name

Phone Number

E-Mail Address

Thomas Mongeau 401-222-4493 [email protected]

David LeDoux

401-222-4495

[email protected]

Gail Pereira

401-222-4496

[email protected]

Joseph Persia

401-222-4498

[email protected]

Kathy Loiselle

401-222-2620

[email protected]

Elizabeth Gilheeney

401-222-4494

[email protected]

Gina Tocco

401-222-4497

[email protected]

Descriptions of the duties for the Juvenile Justice Specialist and delinquency prevention staff Name Title Duties Elizabeth Gilheeney

Juvenile Justice Specialist

Liaise with OJJDP; provide RIDPSGAO staff, Policy Board, SAG and other committees input on statutory roles and regulations, program and project information; organize and staff SAG meetings; develop and process subrecipient RFP’s, applications; organize and present fiscal and programmatic workshops for subrecipients; Financial staff to create grant accounts; review quarterly program reports and requests for payment; provide administrative and technical support to subrecipients; conduct compliance monitoring with regard to detention activities of monitoring universe agencies; conduct site-visits to sub-grantees and detention sites; attend program and training sessions; disseminate funding and training opportunities to subrecipients and other service providers; prepare other reports and perform various tasks as required.

Rhode Island 2009-2011 Three Year Plan Section 2 Page 52

Gina Tocco Administrative Assistant

Assist the Juvenile Justice Specialist with tasks as assigned; compile and maintain sub-grantee information in the grants database; compile, input, and maintain self-report detention monitoring database, assist with creation of annual OJJDP reports and state statistical report; assorted other tasks as assigned.

Thomas Mongeau

SAC Director Assist with annual state statistical report of juvenile detention monitoring; provide annual update of state juvenile crime analysis; provide other statistical information as required.

Accounting Support

Central Business Office

Establish state accounts to receive federal funds; process all purchase orders; requests for payments and other financial documents; prepare and transmit all required financial documentation to the Office of Comptroller.

Thomas Mongeau

Executive Director

Review and approve all correspondence and grant paperwork with respect to grant; attend Policy Board meeting to present final grant plan; oversee and supervise grant operations.

RI Department of Public Safety Policy Board

Maj Michael Quinn, Chair Dir, Campus Security Johnson & Wales Univ 8 Abbott Park Place Providence, RI 02903 Colonel Brendan Doherty Supt., RI State Police 311 Danielson Pike North Scituate, RI 02857 Hon. Patrick C. Lynch Attorney General 150 South Main Street Providence, RI 02903 Hon. Jos. F. Rodgers, Jr. Presiding Justice, R.I. Superior Court 250 Benefit Street Providence, RI 02903 Mr. Craig Stenning Acting Director, MHRH 14 Harrington Road Cranston, RI 02920

Brother Brendan Gerrity Ocean Tides 635 Ocean Road Narragansett, RI 02882 Daniel Beardsley, Director R.I. League of Cities & Towns 1 State Street - Suite 502 Providence, RI 02908 John Hardiman, Esq. Public Defender 160 Pine Street Providence, RI 02903 TBA-Chief Judge, R.I. District Court 1 Dorrance Plaza Providence, RI 02903 Chief George Kelley Pres RI Police Chiefs Ass. Pawtucket Police Dept 121 Roosevelt Avenue Pawtucket, RI 02862 Dr. David Gifford, Dir Dept. of Health, Div. of Laboratories 50 Orms Street Providence, RI 02904 Director Gary Alexander Dept. of Human Services

600 New London Avenue Cranston, RI 02920 TBA Chief Justice R.I. Supreme Court 250 Benefit Street Providence, RI 02903 Jonathan Houston, Ex Dir. Justice Assistance 943 Park Avenue Cranston, RI 02910 Mr. Jack Chartier Fire Marshal Fire Marshal’s Office 118 Parade Street Providence, RI 02909 Hon. J. S. Jeremiah Chief Judge, R.I. Fam Ct 1 Dorrance Plaza Providence, RI 02903 Patricia Martinez, Director, DCYF Designee: Mike Burk Dept. of Children, Youth & Families 101 Friendship Street Providence, RI 02903 A.T. Wall, Director R.I. Dept. of Corrections 75 Howard Ave., Cranston, RI 02920

Rhode Island 2009-2011 Three Year Plan Section 2 Page 53

Mr. Robert O’Neil 2845 Post Road, Suite 218 Warwick, RI 02886 Sharon Conard-Wells 85 Majestic Avenue Warwick, RI 02888 Chief Vincent Vespia, Jr. South Kingstown P.D 790 Kingstown Road Wakefield, RI 02879 Mr. Carl Weinberg 100 Beechwood Drive Cranston, RI 02921 Ms. Deborah DeBare, Exec. Dir. RI Coalition Against Domestic Violence 422 Post Road Warwick, RI 02888 Mr. Angus Davis Chair, Board of Regents 10 Brown Street Providence, RI 02906 Mr. Daniel J. Knight, Sr. Associate Professor Salve Regina University 100 Ochre Point Avenue Newport, RI 02840

Rhode Island 2009-2011 Three Year Plan Section 2 Page 54

Rhode Island 2006-2008 Three Year Plan Section 2 Page 55

Policy Board (Supervisory Board)

The Rhode Island Department of Public Safety Grant Administration Office Policy Board meets a minimum of two to four times a year to review and approve planning and grant funding recommendations from various advisory committees and the Steering Committee. In this fashion, the Policy Board and Steering Committee ensure the strategic planning and coordination of all the aforementioned grant programs administered by the Rhode Island Department of Public Safety Grant Administration Office as well as to develop criminal justice system policies and priorities. The composition of the Policy Board is such that coordination among all criminal justice system agencies is assured. The Policy Board is comprised of law enforcement personnel, legislators, prosecutors, the public defender, judges, citizens, directors of various state criminal justice-related departments, and representatives from community service organizations.

Steering Committee The Steering Committee, an eight member executive committee of the Policy Board, identifies the principle problems facing the state's criminal justice system and makes procedural recommendations to the Policy Board and to the various grant program advisory committees. Having decided which problems facing the state are top priorities, the Steering Committee makes recommendations to the grant advisory committees to ensure that relevant aspects of the identified problems are addressed. Further, the Steering Committee is empowered to specifically coordinate responses to any of the state's priority areas by requesting that grant advisory committees concentrate on specific delineated projects or activities to be advertised in requests for proposals.

Fiscal Administration The Rhode Island Department of Public Safety Grant Administration Office clearly divides activities related to grant programmatic and fiscal administration. The Central Business Office of the State of Rhode Island provides RIDPSGAO with external financial administrative support. The Central Business Office develops the Rhode Island Justice Commission’s operating budget that is complicated by the millions of grant dollars awarded to state, municipal and private, non-profit agencies. Staff at the Central Business Office creates and monitors fiscal accounts for all RIDPSGAO grants, processes payments to sub-grantees, provides periodic accounting of the various grants, accompanies RIDPSGAO personnel on selected site visits, and prepares quarterly and annual financial reports for submission to the federal Office of the Comptroller. With the transition currently underway to the Department of Public Safety the RIDPSGAO will, in the near future have many, if not all of the fiscal administrative duties previously performed by the Central Business Office, transferred over to the RI Department of Public Safety Headquarters in Scituate Rhode Island. Rhode Island General Law (42-26-2) created the Rhode Island Justice Commission (RIDPSGAO), formerly the Governor’s Justice Commission (GJC) within the executive branch to: "serve as the state planning agency for administration of federal criminal justice related grant programs including, but not limited to the Juvenile Justice and Delinquency Prevention Act of 1974." The legislation grants the RIDPSGAO: "the authority to collect from the department of corrections and any state or local

Rhode Island 2006-2008 Three Year Plan Section 2 Page 56

government departments and agencies, such public information, data, reports, statistics, or other material which is necessary to carry out the commission’ functions." The law establishes as the governing authority of the RIDPSGAO, the Criminal Justice Policy Board, the chair and vice chair are appointed by the Governor. The law also provides for staff to the RIDPSGAO to be responsible for the administration of policies established by the Policy Board. The Policy Board also functions as the supervisory authority to the Juvenile Justice Advisory Committee (JJAC) as provided by federal statute. The chair and vice-chair of the JJAC are elected by the members from those persons eligible under federal law to serve. The JJAC has representation on the supervisory board as required by law. Budget and Budget Narrative (see attachment # 3)