Post-Dispositional Detention in Virginia Prepared by the Virginia Detention Association of Post-Dispositional Programs - VDAPP April 2008
Post Dispositional Program Overview Legislative History, Virginia’s Post-D Programs, Program Standards, Objectives and Goals
Code of Virginia §16.1-284.1 establishes Virginia’s Post Dispositional Programs • A sentence imposed on a juvenile offender by a judge (usually in lieu of commitment to a state facility and with recommendations by a Treatment Team) for up to 180 days in a secure detention facility, during which time the juvenile must participate in facility-based and/or community-based services for his/her rehabilitation.
Post-D Legislative History • 1985:House Bill 1417 – established post-dispositional detention and prohibited the pre-dispositional placement of juveniles in adult jails • 1991:Statewide Task Force on detention issues – revised Board standards, requiring separate services for post-d detainees • 1994:DYFS Post-Dispositional Study – examined post-d utilization (10-day, 30-day, and up to 180 days); Six-month post-d placements represented 24% of all post-d placements • 1999:Commission on Youth Study on Post-D – comprehensive examination of post-d programs and utilization, resulting in House Bill 669 (died in Senate Courts of Justice) • 2000:Senate Bill 66 (incorporated components of HB 669) – amended §16.1-284.1 of the Code of Virginia, effective July 1, 2002 • 2001:House Bill 1753 – further amended §16.1-284.1 of the Code of Virginia, effective July 1, 2002 • 2002:Amended Code Section 16.1-284.1 becomes effective • 2005:Post-d Detention Programs licensed and certified by DJJ – 18 programs; 228 beds
Detention Capacity FY94-FY06 Pre-D Vs. Post-D History of Expansion FY01 FY02 FY03 FY04_____________ FY05_______. Rappahannock 21 to 80 Highlands 20 to 30 Blue Ridge *40 Shenandoah Valley 32 to 55 Virginia Beach* 90 James River * 60 Piedmont* 20 Chesterfield 33 to 90 Newport News 40 to 110 W.W.Moore 30 to 60 Prince William 40 to 72 Roanoke 48 to 81 * denotes a new facility
Post-D Detention Capacity Southwest Virginia: • Lynchburg (8) • New River Valley (8) • Roanoke (10) • WW Moore in Danville (12) • Highlands (7)
Post-D Detention Capacity Northern Virginia: • Blue Ridge in Charlottesville (10) • Fairfax (15) • James River in Powhatan (20) • Loudoun (8) • Northern Virginia in Alexandria (10) • Northwestern in Winchester (13) • Rappahannock in Stafford (10)
Post-D Detention Capacity Eastern/Tidewater: • Chesapeake (20) • Chesterfield (10) • Merrimac (15) • Newport News (20) • Norfolk (16) • Virginia Beach (15)
Highlights of Statutes and Standards • Must be at least 14 years of age • Interests of the juvenile and the community require secure custody for rehabilitation • No violent juvenile felonies • Not eligible if released from the custody of DJJ within the last 18 months • No credit for time served • Assessment for “appropriateness” conducted by the facility
EXCLUSIONARY OFFENSES • Capital Murder • First or Second Degree Murder • Lynching • Aggravated Malicious Wounding • Felonious Injury by Mob • Abduction • Malicious Wounding • Malicious Wounding of a Law Enforcement Officer • Felonious Poisoning • Adulteration of Products • Robbery • Carjacking • Rape • Forcible Sodomy • Object Sexual Penetration
Highlights of Statutes and Standards • If eligible for state commitment, must receive suspended commitment to DJJ • Suspended commitment imposed if juvenile fails to comply with program • Thirty day review hearings or upon request for good cause shown • Facility’s program must meet all standards set forth by the Department
Highlights of Statutes and Standards • Licensed and Certified by the Board of Juvenile Justice – including capacity • Written agreement with the Court Services Unit delineating roles and responsibilities • Written Post-D Program policies and procedures (i.e., treatment objectives, criteria for acceptance and termination) • Written policies, procedures, practice regarding reasonable utilization of the facility – both pre-d and post-d
Highlights of Statutes and Standards • Individualized Service Plan within 30 days of placement describing: • strengths and needs of resident • resident’s current level of functioning • goals, objectives, strategies • projected family involvement • projected date for accomplishing each objective
Highlights of Statutes and Standards • Structured program of care including provision of social services and written daily schedule • Policies regarding resident participation in outside employment and/or community-based services and activities
Examples of Post-D Program Services • Case Management • Individual and Family Therapy • Group Counseling addressing the following topics: • Anger Management • Substance Abuse • Empathy Enhancement • Life Skills • Education: • Academic (diploma or GED) • Vocational • Community Service • Employment • Community Outings • Home Passes
“Key Components” in developing a Post-D Program • Cooperative relationship with judges, court service units, service providers • Designated Post-D housing and staff • Qualified and Driven Post-D Coordinator • Continuum of facility-based and community-based services/resources • Strong Educational Component – ideally a dedicated Post-D teacher or GED-prep instructor • Solid case management component • Transitional/aftercare component that is tied to and consistent with what was “learned” in secure setting • Built-in Evaluation Component • Well-Conceived Program that is also fluid, flexible, and evolutionary
Mental Health Transition Plans(6 VAC 35-180) • Implementation date was January 1, 2008 • Applies to all residents placed in Post-Dispositional Programs or released from DJJ and identified as having a recognized mental health, substance abuse, or other therapeutic treatment need • The goal is to ensure implementation and continuity of treatment and services in order to improve short- and long-term outcomes • The CSU and Detention Center enter into a Memorandum of Understanding with the public agencies required to participate
Implementation of MH Transition Plans • At least 90 days before a juvenile’s scheduled release, a Post-D representative / qualified mental health professional identifies the resident as needing ongoing services • If the resident has an identified diagnosis and/or is currently receiving medication treatment for a mental illness he/she meets criteria • Recommended services are identified, to include medication management, outpatient counseling and substance abuse counseling • Participants in this meeting include, but are not limited to, the juvenile, parents, Post-D Coordinator, mental health professional and probation officer
Implementation of MH Transition Plan, continued • The PO then takes on the role of coordinating the Community Transition Plan Meeting at least 30 days prior to the resident’s release • The Mental Health Transition Plan is developed at least 10 days before release, to include specific services provided, persons responsible for implementation of services, a timeframe for services, and funding sources • During post-release supervision, the service providers must provide at least monthly progress reports • Every 90 days thereafter, the plan is reviewed and progress is assessed
School Re-Enrollment • School Re-enrollment: The Code of Virginia through §22.1-17.1 established the responsibility of the Board of Education, in cooperation with the Board of Correctional Education to promulgate regulations for the re-enrollment in the public schools of youth who have been in the custody of the Department of Juvenile Justice (DJJ). These regulations require a re-enrollment plan for each youth who is of school attendance age or is eligible for special education services. Detention is included.
School Re-enrollment Plans • Required for any juvenile who has been detained for thirty days or longer • Juveniles returning to the community as well as those being committed to DJJ • Students who have obtained their GED are exempt • Plan should be completed thirty days prior to the student’s release from custody
Re-enrollment Plan Components • Student support services needed to promote the student’s successful re-entry to public school, such as counseling services • Anticipated dates and timelines for scheduled release to the receiving school division or for court review of the case • Establishment of school placement upon release • Contact information of representatives responsible for the re-enrollment plan
“Let us put our minds together and see what life we can make for our children.”Sitting Bull Every presentation should have at least one inspirational quote…
Post Dispositional Program Philosophy, Systems of Care and Program Evaluation
System of Care Philosophy Core values of the system of care philosophy specify that children and family services should be community based, child centered and family focused, culturally and linguistically competent. • Comprehensive • Individualized • Coordination at all system delivery levels • Youth and families as full partners • Emphasis on early identification and intervention
Post Dispositional Programs around the state… • 18 different program operate in distinct localities where response to and services for juveniles and families are developed in a collaborative nature, reflecting input and involvement from mental health, schools, social services, juvenile justice and other systems. • Virginia Detention Association of Post Dispositional Programs (VDAPP) meets quarterly to review and discuss best practices and evidence based program interventions and treatment. • VDAPP is currently collecting data to assist in program evaluation and assessment. • Because of these efforts, Virginia’s Post Dispositional Programs meet the social and cultural needs of children and families in their communities AND incorporate standard intervention, public safety and treatment practices.
VDAPP • The Virginia Detention Association for Post-Dispositional Programs (VDAPP) was developed in 2003 • Members consist of Post-D Coordinators from throughout the state as well as Treatment Specialists, Post-D Therapists, etc. • Meetings are held quarterly throughout the state • Accomplishments include: legislative input, development of standardized forms and Post-D Acceptance and Discharge Data (PDADD), coordination of our first VDAPP-sponsored training today • Goals include: collaboration and sharing of program goals, services, forms, policies; legislative communication; ongoing discussion of best practices; united data collection; and ongoing training
VDAPP Officers • Melinda Jarvis (Virginia Beach), President • Sara Jones (Merrimac), Vice President • Pam Jeffries (Lynchburg), Treasurer • Tammy Kruger (New River), Secretary
12 Month Re-offense Rates for DJJ Agency Programs and Community Alternatives (Virginia DJJ Data Resource Guide FY2007)
Thanks to the dedicated staff at Virginia’s Detention Centers who help collect this data in addition to performing their regular job duties. The End!