Implementation of the Youth Criminal Justice Act (YCJA): Ten Years Later

1. Implementation of the Youth Criminal Justice Act (YCJA): Ten Years Later Presentation to the Youth Justice Advisory Panel December 6, 2013

2. Purpose of the Presentation • Provide national and Ministry data over a ten year period to reflect the impact of the YCJA on key areas. • Provide data and narrative over eight years of MCYS transformation to Ontario’s Youth Justice Services in response to the YCJA. • Begin discussion with the Panel about the systemic transformation to date and identify the emerging/future focus and data of interest to the Panel.

3. Contextual Notes for thePresentation and Discussion • When the YCJA was proclaimed in 2003, youth justice services in Ontario were split between two ministries based on age (12-15 or 16- 17 at the time of offence). • The key features of this ‘split jurisdiction’ included: • Two separate systems for accountability, decision making, policy, finances, data, definitions, case management, program development and delivery, monitoring and reporting • Application/compliance with two pieces of provincial legislation to enable administration of youth justice services – Child and Family Services Act for youth 12-15, Ministry of Correctional Services Act for youth 16-17 • Integration of programs and services for youth 16-17 with adult corrections • Integration of programs and services for youth 12-15 with the children’s/youth service sector

4. Contextual Notes (Cont’d) • Responsibility for the full age range, youth 12-17, was transferred to MCYS April 1, 2004. • National data for admissions, through the Canadian Centre for Justice statistics (CCJS), is available from the implementation of the YCJA (2003) to 2010/11. • MCYS data begins in 2005/06, following disentanglement from adult corrections and implementation of integrated service and financial information/definitions for the full age range of youth. • It is tempting to use CCJS data for the years to cover the “gap” in provincial data and so provide a full 10 year story. We have done this in only one chart (admissions) to provide what is a representative picture. Otherwise, the data sets are not combined; direct correlations between the data sets cannot be made, given differences in definitions, indicators used and the time data is extracted.

5. The YCJA - Principles and Objectives • The YCJA replaced the Young Offenders Act (YOA, 1985) on April 1, 2003 as the federal criminal justice legislation for youth age 12-17 at the time of an offence. • The principles and provisions of the YCJA highlighted prevention, diversion, rehabilitation, reintegration and alternatives to custody. • The YCJA specifically embeds recognition of the greater dependency and reduced maturity level of youth. It requires that the youth justice system be separate from adults and supports responses to the special needs of youth, including Aboriginal youth and youth with mental health needs. Increase Diversion from formal judicial proceedings Reduce use of custody Increase community -based alternatives • Total youth accused by police ↓ 25% * • Total youth charged by police ↓ 33% * • Detention admissions ↓ 14% + • Custody admissions ↓ 65% + • Youth receiving a community sentence, following finding of guilt ↑ 18% * *CCJS data +Admissions combines CCJS and MYCS data

6. Police Action – At the Front End

7. Police and Youth Court – 10 Year Change

8. Admissions - 10 Year Change • Notes: • Chart uses CCJS Admissions data for 2003/04 and MCYS Admissions data for 2012/13. Cautions noted that this provides a representative picture only, due to some differences in definitions, indicators used and time data was extracted. • For year over year data, see Appendix B.

9. Overview – MCYS Data8 Year Change Notes: • Includes "Not in residence" which include youths on temporary release, escapes/UALs, and those in secure facilities under YOA Section 24.2(9) / YCJA Section 88. • Total Community cases includes Conditional Discharge, Conditional Supervision, Community Service Orders (do not include CSO conditions of probation or other community disposition), Community Supervision, Deferred Custody and ISSP Restitution Orders. • Notes: • All data is MCYS YOTIS. • Detention and Custody are open and secure. • Aboriginal is self-identified.

10. MCYS Transformation ExamplesAligned with YCJA Targets Response to Special Populations Increased Diversion Reduced Custody Increased Community Options Increased Communit Alternatives • 2004/05 • Policy to provide services to female youth within gender dedicated or co-located facilities as a best practice approach. • 2005/06 • Operationalized “What Works” research to guide development of new service continuum. • Introduction of Moose Factory Attendance Centre. • Aboriginal Alternatives to Custody begin. By maturity over $4.28M investment. • Aboriginal Probation Services. • 2006/07 • Youth Court Mental Health Worker program. • 2007/08 • Aboriginal Engagement Strategy. • Introduction of Remote Community Intervention Workers. • 2008/09 • Ge-Da-Gi-Binez opened. • Lacrosse for Development Program. • 2009/10 • Commissioned review of female responsive programming research and best practices to support service providers. • 2010/11 • Education and Skills Training Success Strategy. • 2005/06 • Availability of Attendance Centres, Intensive Support and Supervision Programs, Community Support Teams and Reintegration programs. • 2008/09 • Alternatives to custody were implemented year over year 2005 – 2009, building to 188 new/expanded programs by maturity. • 2004/05 • Beginning of secure custody bed closure; continued in planned way up to and including reductions/closures in 2012. • 2005/06 • Roll out of 3 year Alternatives to Custody and Community Interventions Strategy (ATCCI) to align programs and services with YCJA principles and sentencing options. $28.7M reinvestment from open bed closures. • Three year phases of open custody rationalization 2004 – 2008. • 2008/09 • Completion of 5, smaller capacity, purpose built/expanded secure facilities to remove youth units co-located in adult facilities and build dedicated youth capacity at key locations around the province. • 2005/06 • Implementation of EJM and EJS, including pilot with Ministry of Attorney General. • Introduction of School-Based Prevention/Diversion pilot. • Restorative Justice pilots. • Availability of Youth Court Mental Health Worker program. • 2006/07 • Introduction of the Youth Outreach Worker. • Introduction of Youth in Policing (YIPI), part of the Youth Opportunities Strategy. • (also Aboriginal specific) Increased Diversi

11. Transformation Highlights The following fundamental shifts from previous youth justice services have occurred since 2004: • Creation of a dedicated youth justice system separate from adult correctional services. This included closure of youth units co-located in adult facilities through construction/expansion of purpose-built facilities for youthand disentanglement of probation services and offices from MCSCS probation and parole. • Creation for the first time in Ontario, of a new continuum of community and custodial programs for the full age range of youth (12-17 at the time of the offence), fully aligned with the principles, provisions and sentencing options of the YCJA. • Reduced use of custody. MCYS has reduced capacity in the open system by 618 beds and in the secure system by 622 beds. • Increased use of community-based interventions and diversion from formal court proceedings. MCYS created 188 new/expanded community alternative programs through the reinvestment of $28.7 million from open custody bed closures. • An increase in evidence-informed community-based programming and partnerships, including programs for Aboriginal youth, youth with specialized or mental health needs and gender responsive programming for female youth. • Integration of youth justice into the broader children and youth services system within MCYS, for the full age range of youth. • Collaboration with other human services ministries such as Ministry of Education (EDU) and Ministry of Health and Long-Term Care (MOHLTC). These strengthened linkages were implemented to improve educational and mental health outcomes for youth in the justice system.

12. The Current MCYS Youth Justice Service Continuum PROGRAM LEGEND YIPI - Youth in Policing Initiative SbPD - School Based Prevention/Diversion EJM - Extrajudicial Measures EJS - Extrajudicial Sanctions YMHCW - Youth Mental Health Court Worker CSO - Community Service Order RJ - Restorative Justice ISSP - Intensive Support and Supervision Program IRCS - Intensive Rehabilitative Custody & Supervision CST - Community Support Team **SNAP - Stop Now and Plan ( *one unique contract in Western Region) • Note: • Grey areas represent services prior to transformation. Colour areas reflect programs/services added to the Continuum. • Data is 2012/13.

13. Questions to Prompt Panel Discussion and Input • Information provided is high level. Does it reflect your agency’s and/or your personal experience with youth in conflict with the law? • The overall number of youth entering the youth justice system has continued to decline, which could indicate that overall, there has been appropriate systemic alignment with/response to YCJA. Do you have experience that supports this? Do you have experience that is not reflected by the overall data? • Based on the data and change over a ten year period, what is your advice on priorities for the youth justice system going forward?

14. Appendix A – Police Action

15. Appendix B - Admissions

16. Appendix C – Glossary of Youth Justice Programs Prevention Community-based opportunities for youth at risk of conflict with the law. • Youth in Policing Initiative (YIPI) - Summer employment for youth from high-needs neighbourhoods to work with their local police service • Stop Now and Plan (SNAP) - A cognitive-behavioural program that helps children and parents to stop, think and plan positive alternatives before they act impulsively; targeted to children under the age of 12 who are at high risk for conflict with the law Diversion Under the Youth Criminal Justice Act (YCJA) diversion allows for responses to offending behaviour through means other than charges and/or the formal court process. • Pre-Charge Extrajudicial Measures (EJM) - Community-based partnership programs to promote reparation of harm done, and provide/coordinate supportive programs/services based on the needs of the youth. Referrals are through police services • Post-Charge Extrajudicial Sanctions (EJS) - Sanctions are used where a young person cannot adequately be dealt with by police caution or warning. EJS are community-based and can include apology to victim, community service work, restitution, counselling/treatment etc. Referral is through the Crown Attorney • Youth Mental Health Court Worker (YMHCW) - Provides supports for young persons in conflict with the law with mental health issues. Workers establish linkages between relevant partners to reduce barriers to accessing necessary mental health and other support services to divert the young person out of the criminal justice system

17. Appendix C – Cont’d Community Based Programs/Services • Community Service Order/Personal Service Order - Youth perform a community service without remuneration or compensate any person in kind or by way of personal services for any loss, damage or injury. CSO/PSO can be stand alone court orders or a condition of a probation order • Attendance Centres- Young persons participate in closely supervised programming that addresses identified risk/need factors. Programs may also include contact with family and community resources to engage, plan and support the young person in the community • Restorative Justice - Programs provide the victim, young person and community with interventions to seek resolution, reparation, healing, reintegration and prevent future harm. The restorative justice process can also be implemented as part of a pre-charge measure or post-charge sanction • Intensive Support and Supervision Program (ISSP) - Provides intensive clinical and community supports, supervision and crisis management for youth in conflict with the law with diagnosed mental health or specialized needs whose offence might result in a custody sentence • Intensive Rehabilitative Custody and Supervision (IRCS) - Provides services and support to youth with significant and identifiable mental health needs who have been convicted of serious violent crimes. Administered with special funding provided by the Department of Justice Canada, this sentence has a custody order followed by community supervision • Community Support Team (CST) - Provide intensive support services, which includes case planning and management, counseling etc. to high-risk youth who would otherwise be in, or returned to, custody/detention Probation • A legally mandated sentence that is served by the youth while living in the community after a finding of guilt. Two mandatory conditions: be of good behaviour; and appear before the youth justice court when required by the court to do so. Each young person is assigned a probation officer who meets regularly with the youth to: • develop a plan with the youth and the parent(s)/guardian, which includes goal setting • monitor compliance of the youth with court ordered conditions; and • return the youth to court for non-compliance and other reviews. • An individualized risk/need assessment informs each case management plan.

18. Appendix C – Cont’d Custody/Detention • MCYS dually designates facilities to provide custody and detention. Facilities are further designated open or secure. • Open facilities are distinguished from secure custody/detention by the lower degree of restraint. Open facilities are smaller residential type settings generally located in community neighbourhoods • Secure facilities are distinguished from open by the higher degree of restraint • The youth justice court may order a youth held in detention until the matter is dealt with in court. MCYS makes the determination of open or secure level of detention based on legislative criteria • Custody is a sentence ordered following a finding of guilt. When custody is ordered, the youth justice court determines the level of custody (secure or open) • Programs and services in custody/detention facilities are intended to keep youth active and engaged, focus on specific risks and needs of youth related to reoffending, teach new skills, keep youth resolve conflict and make better choices when they return to the community. Structured programming can include education, addiction counselling, anger management, life skills, recreation, and cultural programs. Reintegration/Rehabilitation • MCYS provides a range of programs/services to support reintegration and rehabilitation for youth on probation or returning to the community following discharge from custody. Services are through referral by the probation officer as part of the case management and can include reintegration supports such as a one to one worker assigned to a young person to assist in job searches, referrals and or financial support for housing; counselling services for substance abuse, anger management, employment/life skills or other assessed needs of youth.

19. MCYS Data – 8 Year Change Breakdown by Gender and Detailed Services

20. MCYS Data – 8 Year Change Breakdown by Gender and Detailed Services