HomeMy WebLinkAboutMINUTES - 09191989 - IO.8 I.O. 8
TO: Board of Supervisors
FROM: INTERNAL OPERATIONS COMMITTEE
ti4
DATE: September 11, 1989 ,. �
SUBJECT: PROPOSED RESPONSE TO THE REPORT OF THE 1988-89 GRAND JURY ENTITLED
"DETENTION AND PLACEMENT PROGRAMS FOR JUVENILE OFFENDERS"
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATIONS:
1. Adopt the following report of our Committee as the Board of Supervisors' response to the Report of the 1988-
89 Grand Jury entitled"Detention and Placement Programs for Juvenile Offenders".
2. Remove this item as a referral to our Committee.
BACKGROUND:
On June 15, 1989 the 1988-89 Grand Jury approved the attached report on"Detention and Placement Programs for
Juvenile Offenders". On September 11, 1989 our Committee met with staff from the Probation Department and
members of the 1988-89 and 1989-90 Grand Juries. We reviewed the proposed response suggested by the County
Probation Officer and discussed the Grand Jury's recommendations with the members of the Grand Jury and the
staff from the Probation Department. At the conclusion of these discussions we formulated the following response,
utilizing a format suggested by the Grand Jury in their final report, in which the Grand Jury requested that written
responses to Grand Jury recommendations clearly specify:
A. Whether the recommendation is accepted or adopted.
B. If the recommendation is accepted, a statement as to who will be responsible for implementation and a definite
target date.
C. A delineation of constraints, if a recommendation is accepted but cannot be implemented within the calendar
year.
D. The reason for not adopting a recommendation.
Continued on attachment: YES Signature:
Reco�nr . e atio of County Administrator Recommendation of Board Committee
rove Other:
.' A
�ignatuilre( �✓ T OWE S SUNNE WRIGHT MC PEAK
Action of B and on: September 19 1989 Approved as Recommended x Other
Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
x Unanimous (Absent — ) AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN.
Absent: Abstain:
cc: County Administrator Attested �Y»/ .J /,q, ,f`98'9
County Probation Officer Phil Batchelor, Clerk of the Board
Foreman, 1988-89 Grand Jury of Supervisors and County Administrator
Foreman, 1989-90 Grand Jury b
The Hon.Wayne Westover,Grand Jury Judge
By , Deputy Clerk
clvm:eh(io-Sbo)
This and all future responses to Grand Jury recommendations coming from our Committee will follow this format
as closely as possible.
RECOMMENDATION# 1:
Plan and aggressively seek funds for very substantial upgrading or,preferably,replacement of Juvenile Hall
and the dormitory at Byron Boys' Ranch. Planning should take into consideration:
a. The fact that only about a third of those who are held in Juvenile Hall actually require a locked facility.
b. The desirability of creating a livable environment, separating younger and older boys and providing a
measure of privacy for the residents at Byron Boys' Ranch.
RESPONSE:
A. This recommendation is accepted to the extent that planning should begin immediately for replacement or major
renovation of Juvenile Hall,including increasing its capacity to 180 beds by the year 2000. In addition,it is clear
that needed maintenance,repair and renovation of all juvenile detention facilities is needed in order to maximize
their useful life. However, the ability of the County to effect such replacement or major renovation will, to a
large extent, depend on the availability of juvenile detention funds from statewide bond issues. Funds are
available from Proposition 52 and Proposition 86 and it is anticipated that another bond issue may be on the ballot
in 1990. In the absence of such bond funds it is extremely unlikely that the County will be able to undertake
the level of replacement or renovation anticipated by the Grand Jury. The County Administrator's Office
indicated that they will be recommending to the Board of Supervisors within the next month that a group be
formed to undertake this type of planning.
B. The County Administrator's Office,General Services Department and Probation Department are being directed
to undertake the planning anticipated by this recommendation and are directed to forward a workplan,timetable,
preliminary costestimates and anticipated methods of funding to the Boardof Supervisors by April 1, 1990 which
will cover the phasing in of replacement and renovation work in juvenile facilities.
C. We believe that the work required to complete the workplan noted above cannot be completed by the end of
1989. However,April 1, 1990 appears to be a reasonable timetable for forwarding such a workplan to the Board
of Supervisors.
RECOMMENDATION#2:
Review and update the 1983 Juvenile Corrections Master Plan and assess the extent to which recommended
changes have been implemented.
RESPONSE:
A. The County Probation Officer agrees with this recommendation. We agree with the recommendation to the
extent that we are asking the County Administrator's Office to assess the cost of updating the 1983 Juvenile
Corrections Master Plan and report that cost to the Board of Supervisors by January 1, 1990. Depending on the
cost of updating the Master Plan, the Board of Supervisors may wish to consider the feasibility of ordering that
the Master Plan be updated.
B. The County Administrator's Office will be responsible, in conjunction with the County Probation Officer, to
determine the cost of updating the Master Plan and reporting those figures to the Board of Supervisors.
RECOMMENDATION#3:
Continue to cooperate with other County departments )Alcohol/Drug Abuse/Mental Health and the Office
of Education) in order to:
a. Expand mental health services in County-operated facilities,with particular emphasis on making YIACT
personnel available on-site at the Byron Boys' Ranch and providing more therapy and follow-up for
residents of all County-operated juvenile detention facilities;
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b. Continue, integrate and expand all current substance abuse programs, working toward the goal of
intensive, long-term treatment for all who need to overcome a chemical dependency. Implement the
current plan to provide community-based support groups for residents who return to their communities,
as well as active outreach to their families;
c. Expand programming to expose youngsters to work opportunities and practical skills by developing:
*More Regional Occupation Program (ROP) vocational training programs;
*More projects like the painting of Juvenile Hall, with proper supervision and instruction;
*More "real work" experiences in the community.
RESPONSE:
A. We accept this recommendation while noting that significant progress has been reported by the County Probation
Officer in achieving cooperation and coordination with Mental Health staff. Additional program enrichment
is always desirable and will be pursued within the limits of available funding.
B. We are requesting the Health Services Director and Superintendent of School to meet with the County Probation
Officer by December 1, 1989 to determine to what extent additional program support can feasibly be provided
to the residents of the County's juvenile detention facilities.
RECOMMENDATION#4:
Designate a full-time Coordinator to recruit,screen,train and organize regular direct-service volunteers for
all County-operated juvenile facilities.
RESPONSE:
A. We agree that this is a worthwhile recommendation. We certainly agree with the value of volunteers, while
noting that volunteers do not replace paid and trained staff,but can supplement the work of staff. The Institutional
Senior Tutors Program is a good example of this as is the long standing support provided through the Juvenile
Hall Auxiliary and the Chaplaincy Program.
B. The County Probation Officer will be responsible for continuing to improve his already outstanding volunteer
activities within the budgetary constraints under which he must operate.
C. While a full-time coordinator dedicated solely to volunteer services in the Probation Department is a worthwhile
goal we would like to pursue it does not appear likely that it will be possible to finance such a position in the
current budget year.
RECOMMENDATION#5:
Gain a greater measure of influence over privately-operated group homes within the County, possibly by
providing a modest "patch" (supplement) and developing contractual agreements.
RESPONSE:
A. This recommendation is accepted to the extent that the County has or can gain any real "control"over private
group homes, whose rates are set by the State of California. It is clear that there need to be some changes in the
manner in which private non-profit group homes determine which children they will accept. This is, however,
a complex subject which can not be solved as easily as providing a"patch"to lure group homes to accept Contra
Costa County children. There area number of efforts underway statewide through the County Welfare Directors'
Association to change the manner in which rates for group homes are set. We will continue to cooperate with
these efforts,which are tied to efforts to convince the Governor to sign legislation which will extend the current
state/county sharing ratio for foster homes and group homes.
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B. The County Administrator will be responsible for bringing this issue to the attention of the Youth Services Board
and asking them to jointly determine what steps can be taken to improve the ability of the County to place children
in appropriate facilities. If it is determined that there is an additional cost required in order to solve this problem,
the County Administrator is asked to determine that cost and report it to the Board of Supervisors.
C. Because this issue is tied into statewide efforts to maintain the current state/county sharing ratio for foster homes
and group homes, it is likely that the issue will not be resolved until late in the 1990 Session of the Legislature.
If an earlier resolution is achieved by the Legislature,this fact will certainly be reported promptly to the Grand
Jury.
RECOMMENDATION#6:
Develop or expand programs to meet special needs:
a. A sub-acute program for latency-age children. Consideration might be given to including this program
as part of the psychiatric facilities which are to be included in a new County Hospital.
b. Pre-placement centers. If the small, recently established pre-placement center proves insufficient to
alleviate overcrowding at Juvenile Hall, additional centers should be developed.
c. A transitional program for chemically-dependent youngsters. The County should help find and secure
suitable facilities within the County for quality group home programs which are currently located outside
the County.
RESPONSE:
A. In general,these recommendations are accepted,within the financial and programmatic constraints confronting
the County. The Probation Department notes that it has been working cooperatively with the Youth Services
Board for several years toward the expansion of programs for sub-acute latency age youth who are
psychologically disturbed,for pre-placement centers and for programs addressing substance abuse. In terms of
the existing six-bed pre-placement home, the program will be assessed after six months from both a
programmatic and fiscal perspective. There may well be a need for an additional facility later this fiscal year.
The Probation Department has also been working with Bi-Bett and Thunder Road toward the end of providing
up to 56 new substance abuse beds for adolescents in the County.
B. For the balance of this calendar year the efforts noted above will continue. The Probation Department will
continue to carry the lead responsibility to determine their programmatic needs and determine the most cost
effective means of meeting those needs.
C. It will not be possible to implement all of the Grand Jury's recommendations by the end of this calendar year.
Efforts in this direction will continue but progress will be dictated by State policies and available local funding
constraints.
RECOMMENDATION#7:
Personally visit all County-operated juvenile facilities in Contra Costa County to observe existing conditions.
RESPONSE:
A. This recommendation is accepted.
B. The County Probation Officer is asked to bring this recommendation to the attention of all Members of the Board
of Supervisors and encourage each Member of the Board to visit the juvenile detention facilities in the County.
C. The ability of the County to comply with this recommendation in full during the current calendar year will depend
on the individual Board Members' schedules and their ability to schedule such visits.
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RECOMMENDATION#8:
Assign a higher priority to County support of programs for juvenile offenders to prevent their"graduation"
to adult offender status.
RESPONSE:
A. This recommendation is accepted within the fiscal constraints facing the County.
B. The County Probation Officer is requested to identify for the County Administrator those programs which will
help further the recommendation of the Grand Jury and to evaluate their relative cost effectiveness in relation
to programs which are already being operated by the Probation Department.
RECOMMENDATION#9:
Initiate legislation to increase State budget allocations for programs and facilities for juvenile offenders.
RESPONSE:
A. This recommendation is accepted to the extent that the Board of Supervisors will work with all affected agencies
to secure the passage of such legislation. The Board of Supervisors has generally followed the recommenda-
tions of the County Probation Officer on supporting legislation which has been introduced which would provide
additional funding for Probation Department services.
B. The County Probation Officer will be responsible for continuing to advise the County Administrator's Office
of legislation which ought to be supported by the Board of Supervisors and to advise the County Administrator's
Office of instances where it appears to be appropriate for the Board of Supervisors to sponsor legislation on its
own.
C. Since the Legislature is about to adjourn for 1989, it will not be possible to do anything on this recommenda-
tion until the Legislature reconvenes in 1990.
RECOMMENDATION # 1.0:
Initiate action to elevate the quality of juvenile detention facilities to the same level as those for adult
offenders.
RESPONSE:
A. This recommendation is accepted with the recognition that most such facilities are financed through state bond
measures, most of which in recent years have been dedicated almost entirely to adult prisons.
B. The County Probation Officer will be responsible for insuring that the Board of Supervisors and County
Administrator's Office are aware of opportunities to support bond issues for juvenile facilities.
C. Decisions are currently being made in Sacramento on a number of bond issues for 1990. The Board of
Supervisors has supported bond measures for additional juvenile detention facilities, but these will not become
a reality by the end of the current calendar year.
RECOMMENDATION# 11:
Continue the County's efforts to halt the threatened State cuts in County Criminal Justice System Subven-
tion Program (CJSSP) funds.
RESPONSE:
A. This recommendation has been implemented.
B. The County Probation Officer,with the support of the Board of Supervisors and many other groups throughout
the State, has been successful in convincing the Governor to restore CJSSP funds which had been targeted for
elimination in the State's 1989-90 budget.
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A REPORT BY
THE 1988-89 CONTRA COSTA COUNTY GRAND JURY
P. O. Box 1110
Martinez, CA 94553
( 415) 646-2345
Contra Costa Cou,:ty
RECEIVED
JUN 15 1989
Office of
County Ar{�ninistrator
DETENTION AND PLACEMENT PROGRAMS
FOR JUVENILE OFFENDERS
APPROVED BY THE GRAND JURY:
DATE: V1,410 [ �a4
j
PHILI
GRAND JURY FOREMAN
ACCEPTED FOR FILING: /J
DATE: 1� 19 ff �V-'" ,,�Z'U/" Z
WA--'M A./WESTOVER
JUDGE OF THE SUPERIOR COURT
,
DETENTION AND PLACEMENT PROGRAMS
FOR JUVENILE OFFENDERS
SUMMARY
The 1988-89 Contra Costa County grand jury reviewed the
detention and placement programs for juvenile offenders in an
effort to , determine what would be required to increase the
effectiveness of the juvenile justice system in restoring
juvenile offenders to a positive role in society.
The grand jury concluded that: County-operated facilities for
juvenile offenders need to be significantly upgraded, many
excellent programs have been limited by budgetary constraints
and the potential of private group home placements cannot be
fully realized unless the County is able to exercise some
control over their admissions and programs.
The grand jury supports the County in its efforts to stop the
threatened cuts in needed State subvention funds.
INTRODUCTION
Scope of the Investigation:
As the grand jury undertook the identification of factors -which
could contribute to restoring juvenile offenders to a positive
role in society, it became apparent that the scope of such an
investigation would be prohibitive. The grand jury therefore
has limited its investigation to detention and placement
programs for juveniles who were arrested and charged with the
commission of a criminal offense.
Limiting the investigation to detention and placement programs
precluded an investigation of alternatives to incarceration.
The grand jury was reluctant to forego this important area of
inquiry, since it was aware that current thinking in the field
of juvenile corrections strongly favors programs which are
designed to keep youngsters in their own homes. However, this
is not always possible or desirable -- either for the young-
sters' welfare or for the safety and protection of the commun-
ity. It is therefore essential to have detention and placement
programs which will have a positive impact on young offenders,
increasing the likelihood that they will re-enter the community
as non-threatening, productive members of society.
Limiting the investigation to youngsters who have been charged
with a criminal offense (i.e. those covered by Section 602 of
the Welfare and Institutions Code) excludes:
a. "Status offenders" (Section 601, Welfare & Institu-
tions Code) , whose acts are considered to be offenses
only when they are committed by a juvenile: incorri-
gibility, truancy, running away from home and curfew
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violations. Status offenders may not be held in
secure facilities and, in Contra Costa County, they
are provided short-term shelter and counseling
services by a private program under contract to the
Probation Department.
b. Children in need of protective services (Section 300
of the Welfare & Institutions Code) who have been
abused or neglected and who are the responsibility of
the Department of Social Services, not the Juvenile
Justice System.
It should be noted that these differentiations relate more to
the juvenile service system than to the minors themselves, since
the same youngsters frequently move from one category to
another. For example, an abused child may become abusive and
commit a criminal act; a sexually-molested runaway may engage in
prostitution to survive and a "delinquent" may be an emotionally
disturbed juvenile who abuses drugs. This inter-changeability
makes inter-agency cooperation essential, and the County is to
be commended for the efforts of its Youth Services Board in
attempting to achieve this cooperation.
For purposes of this report, however, the grand jury focused
only on those youngsters who enter the system as juvenile
offenders.
FINDINGS
Background
1. The purpose of California' s Juvenile Court Law (Section
202, Welfare and Institutions Code) is:
. . .to protect the public from criminal conduct by
minors; . . . (and) to preserve and strengthen the
minor' s family ties whenever possible, removing
him from the custody of his parents only when
necessary for his welfare or for the safety and
protection of the public; and, when the minor is
removed from his own family . to secure for him
custody, care and discipline as nearly as pos-
sible equivalent to that which should have been
given by his parents.
2. While California has only 11 percent of the Country' s total
youth population, it accounts for 25 percent of the
Country' s incarcerated youth. The average rate of incar-
ceration in California in 1987 was 41.9 per 10,000 youths,
up 34 percent from 1980 and higher than any state except
Nevada. Contra Costa County' s incarceration rate for
1986-87 was 35.4 per 10,000 youths -- giving the County a
rank of 17 among the 58 counties and placing it below the
State average. While most juvenile justice experts favor
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reducing the incarceration rate through the use of
alternative measures, public attitudes and judicial actions
have tended to produce increases in the rates of incarcer-
ation.
The System
3. In Contra Costa County, responsibility for incarcerated
youth rests with two units within the Probation Department.
a. The Juvenile Pronation Unit is responsible for com-
pleting an investigation and recommended treatment
plan for every Juvenile Court case and for supervising
every juvenile who is placed on probation, either in
the juvenile' s own home or in private placement.
b. The Juvenile Institutions Unit is responsible for all
County-operated facilities: Juvenile Hall, Byron
Boys ' Ranch, Boys' Treatment Center and Girls' Treat-
ment Center.
4. The flow of juvenile offenders through the juvenile justice
system is extremely complex with numerous decision points
along the way. A simplified description of the process
follows:
The minor generally enters the system when arrested for
alleged violation of a criminal statute. The arresting
officer may decide to dismiss the case, offer the juvenile
an alternative (such as community service) or refer the
juvenile to the Probation. Department. The vast majority
( 69 percent) are referred to the Probation Department.
Upon receiving the referral, the Probation Department
conducts an investigation and determines whether to
dismiss, refer to another jurisdiction or file a petition
with the Court. A petition is filed in about 67 percent of
the cases referred to Probation.
Since there is no bail for juveniles, a Detention Hearing
is held to determine whether to detain or release the
juvenile pending further action. Those detained (approxi-
mately 34 percent) are held in Juvenile Hall and the
balance returned home, generally under the supervision of a
Probation Officer.
This is followed by .an Adjudication Hearing, similar to an
adult trial, to ascertain the guilt or innocence of the
juvenile. A determination .of guilt is followed by the
Dispositional Hearing at which the judge or referee rules
on the action to be taken, akin to passing sentence.
Actions most frequently taken include:
4 returning the juvenile to his/her parents, without
making him/her a ward of the court, for a maximum of
six months probation;
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declaring the minor a ward of the court and sending
him/her home on probation;
e ordering that the juvenile be made a ward of the court
and placed in a residential program.
Out-of-home placements, in ascending order of restrictive-
ness, include: placement in a foster home or group home
under supervision of a placement officer, commitment to a
County-operated facility for a specified period of time or
commitment to a California Youth Authority (CYA) facility.
Of Contra Costa County minors who are removed from parental
custody and require out-of-home placement:
s 72 percent are incarcerated in County-operated
facilities;
26 percent are placed in privately-operated
facilities;
♦ 2 percent are sent to CYA facilities and a fraction of
one percent are placed in foster homes.
A more complete description of the County' s Juvenile
Justice System is appended as Exhibit 1.
County-operated Facilities
5. Juvenile Hall
All counties are required by California law to operate a
Juvenile Hall for the short-term detention of juveniles
awaiting a court hearing and for adjudicated youngsters
awaiting placement in another County institution or private
facility.
Contra Costa County' s Juvenile Hall ( located at 202 Glacier
Drive, Martinez) is a locked facility serving both males
and females for an average stay of 14 days. It has a
capacity of 140 youths based on three regular units accom-
modating 40 each and an "overflow" unit. with space for 20.
Any number above 140 constitutes overcrowding and any
number over 154 is considered unsafe.
Programs offered at the Hall include an educational program
provided by the Contra Costa County Office of Education,
mental health assessments and crisis intervention provided
by the Youth Interagency Assessment and Consultation Team
(YIACT) , a chaplaincy program and recreational activities.
6. Boys' and Girls' Treatment Centers:
The County operates two locked facilities which are separ-
ate from, but located in the same building as, Juvenile
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Hall. The Girls' Treatment Center, with a capacity of 19 ,
is the only County-operated facility which is exclusively
for girls. The Boys ' Treatment Center, with a capacity of
20, is for male juveniles who require a highly structured,
locked facility.
Both of these Centers are designated as long-term treatment
programs and commitments are for defined periods of 6
weeks , 20 weeks, 26 weeks or 39 weeks. Each of the Centers
has its own educational program provided by the County
Office of Education, mental health services provided by the
YIACT staff at Juvenile Hall, Outside Work Experience (OWE)
programs involving a small number of youths from each of
the Centers and several alcohol and drug education and
treatment sessions offered each week.
7. Byron Boys' Ranch-
Established in 1960, Byron Boys' Ranch (the Ranch) is a
non-secure facility in a rural setting for 74 adjudicated
males from 13 through 18 years of age. Commitment options
range from short term ( 30 days) to six and nine-month
stays, with the length of stay dependent upon the court
order and the youngster' s behavior.
A comprehensive educational program is provided by the
County Office of Education and a one-to-one tutoring
program is offered by senior volunteers. There is also a
vocational food preparation program under the auspices of
the Regional Occupation Program (ROP) . All residents
participate in maintenance chores and some youths perform
work assignments in the community.
East County Youth and Family Services, a private non-profit
agency, provides testing and after-care services for some
Ranch residents, on a contract basis. YIACT staff members
provide assistance in emergency situations, but there are
no on-site mental health personnel. Alcohol and drug
educational and treatment sessions are offered several
times each week.
Condition of County Operated Facilities
8 . A 1987 report, entitled Statewide Needs Assessment of
County Juvenile Facilities, describes Juvenile Halls
throughout the state as " . . .uniformly 'hard, ' highly
institutional facilities. . . (which) offer little support
for programmatic or philosophical approaches to treating
juveniles." The report also comments that " . . .administra-
tors have learned to live and cope with (these) inadequate.
facilities. . . " and " . . .few. . .have an image of what is
possible. "
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9. The. Contra Costa County Juvenile Corrections Master Plan
( 1983) included a detailed study of juvenile facilities.
The section on Juvenile Hall noted that the sleeping
quarters were built in 1950 and that the two-bed room size
and plumbing fixtures failed to meet California's Adminis-
trative Code Standards. A waiver for these deficiencies
was granted because the facility predates the .Standards.
It also stated that the electrical system was inadequate
and the heating and ventilating systems were antiquated and
constructed in a way which makes improvements difficult and
costly. The Plan itemized a number of very specific
repairs and improvements which were needed. It concluded:
With proper maintenance of the Juvenile Hall
complex, including the Boys and Girls Treatment
Centers, and, perhaps, improvements to electrical
and fire safety systems, the facility can prob-
ably be kept in use indefinitely, or for as long
as it serves programmatic needs or meets correc-
tional standards. However, with the majority of
the facility over 30 years old, maintenance costs
will probably increase over time and an increas-
ing acceptance of compromises relative to modern
standards will be necessary.
The living units are now nearly 40 years old and there have
been no significant improvements in the Hall since the
Master Plan was developed six years ago.
10 . In its 1988 report, the Juvenile Justice Commission pointed
out that:
Time is taking its toll on Juvenile Hall
facilities and. . .the physical needs can' t be
pushed aside much longer. . .it is the consensus of
the Juvenile Justice Commission that it's time to
look at the limited future of this facility and
start planning now.
11. In visiting County-operated . detention facilities for both
adults and juveniles, the grand jury became aware that
adult facilities were consistently and substantially
superior to juvenile facilities in terms of condition,
privacy and amenities. For example, comparing Marsh Creek
Detention Facility to Byron Boys' Ranch, there was a sharp
contrast between the physical facilities provided for
sleeping quarters, showers and restrooms. Marsh Creek has
recently replaced and plans to demolish dormitories that
afforded better conditions than those that are currently in
use at the Ranch, and the* new dormitories at Marsh Creek
seem luxurious compared to the dormitory at the juvenile
facility. Comparing adult Martinez Detention Facility to
its juvenile counterpart on Glacier Drive likewise under-
scores the preferential assignment of available funding to
adult facilities.
12. Many experts stress the importance of creating homelike
conditions to prepare youngsters for a return to family
life. This condition is difficult to achieve in a setting
like the Ranch, where more than 70 boys and young men (ages
13 through 18) share a single warehouse-like dormitory
room. The 1983 Master Plan and two prior grand jury
reports (1978-79 and 1980-81) recommended that the Ranch be
subdivided to allow for a separation of younger and older
teenage boys. The response to those recommendations
indicated that a configuration of this type would be costly
to supervise as well as to construct. The grand jury
noted, however, that the new, divided sleeping quarters at
Marsh Creek Detention Facility are supervised from a single
station.
13 . Major repairs of juvenile detention facilities have been
largely deferred- since 1978 due to funding constraints.
Approximately $400,000 from rehabilitation bond funds
authorized by Proposition 52 are now available. These
funds will be used to provide fire sprinklers, shower
remodeling, security systems and retrofitting for suicide
prevention.
14. In the most recent Contra Costa County Capital Projects
Plan, $1. 5 million is earmarked for juvenile institutions
out of a total projected budget of -$318 million -- less
than one-half of one percent!
All of the $1. 5 million was earmarked for air conditioning
at Juvenile Hall, a need which has been cited in numerous
reports. The installation of air conditioning at the Hall
would be unusually costly because of the nature of its
construction.
15. The cost of constructing a new locked Juvenile Hall was
estimated to be $7.3 million in 1988. Construction of
non-secure dormitory facilities for Byron Boys' Ranch would
cost approximately $1 million if they were comparable to
the modular units recently installed at Marsh Creek Deten-
tion Facility.
16 . The average per capita cost of incarcerating juveniles in
County-operated facilities is $77.52 per day. The cost
varies by facility, as shown below for Fiscal Year 1987-88:
COST
TOTAL ACTUAL AVERAGE DAILY PER DAY
PROGRAM COST POPULATION PER RES.
Juvenile Hall $4,047,646 126.20 $87.87
Boys' Center 607,534 19. 48 85. 45
Girls' Center 516,552 17. 48 80.96
Byron Boys' Ranch 1,164,006 60.77 52. 48
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These figures, provided by the County Probation Department,
include only those costs which are charged to the
Department' s budget; they exclude utility and minimal
maintenance costs which are included in the General Ser-
vices budget, medical costs included in the Health Services
Department budget and school costs covered by the County
Office of Education.
The County Justice System Subvention Program (CJSSP,
authorized by Assembly Bill 90) pays 13 percent of the
Probation Department' s cost for incarcerating juveniles and
the County pays the balance.
17 . CJSSP funds are now slated for a huge cutback. County
administration has proposed closure of the Boys' and Girls '
Treatment Centers in response to this threat. This would
mean sending youngsters who belong in the County' s locally-
based Treatment Centers to the more restrictive, distant,
CYA facilities or releasing them to the community pre-
maturely. Since the closure of local facilities would
necessitate increased construction of State facilities,
this would be a very short-sighted and expensive action on
the part of County administration and State leaders.
Programs in County-operated Institutions:
18. Youths coming into the juvenile justice system frequently
need mental health services. A Juvenile Court Referee (in
a Contra Costa Times article dated February 26, 1989)
summarized a widely held view when he stated that:
. . .we're dealing with an increasingly disturbed
population. . . The level of violence that many of
these children bring with them, both to them-
selves in terms of being self-destructive and to
others in terms of acting out, has reached
epidemic proportions. The juvenile justice
system has become at times the court of last
resort for the failure of the mental health
system and the social services system.
19 . The 1983 Master Plan commended the County for attempting to
respond to this situation by creating the cross-
departmental Youth Interagency Assessment and Consultation
Team (YIACT) . YIACT provides 86 hours of mental health
services on-site at the Juvenile Hall complex each week.
YIACT staff complete assessments of residents, provide
crisis intervention services, provide guidance for the
Youth Counseling staff and meet with individuals and groups
as time permits. A substantial reduction in suicide
attempts has been seen as a direct result of their contri-
butions. However, intensive therapy in the institutions
and follow-up when the youngsters leave is not really
possible within the hours available.
-8-
Mental health resources at Byron Boys ' Ranch are
particularly limited since there is no mental health
professional on-site on a regular basis.
The threatened cuts in State mental health funding are
likely to exacerbate this situation.
20 . In addition to the need for therapeutic treatment within
County-operated juvenile institutions, mental health
professionals have identified a need for a specialized
facility for very disturbed youngsters, ages 7 through 12.
Known as a "sub-acute facility for latency-age children,"
this would be a small, secure, mental health residence
bridging the existing gap between a hospital psychiatric
ward and the unlocked residential program for disturbed
children operated under contract to the . County Health
Department.
Need for a sub-acute facility was identified in the 1983
Master Plan which concluded that:
Youth with serious mental health problems are
committed to . ( juvenile justice) facilities
because there is nowhere else to send them.
While incarcerated, these youths disrupt the
regular program and do not receive needed treat-
ment.
The situation has not changed. Many professionals continue
to identify this as a critical need.
21. The number of juveniles referred to the Contra Costa County
Probation Department specifically for drug-related problems
more than doubled between 1984 and 1987. In May 1988, the
following numbers of residents were identified as having
committed drug-related offenses:
6 ( 300) of- the boys in the Boys' Treatment Center
14 (74°x) of the girls in the Girls' Treatment Center
27 ( 380) of the Ranch commitments
There are also youths who abuse alcohol and/or drugs who
were arrested for an apparently unrelated offense. Taking.
the two groups together, the Referee of the Juvenile Court
noted that " . . .the vast majority of children who come here
abuse drugs or alcohol, and many of them come from families
that do the same." YIACT staff estimated that about 80 per
cent of incarcerated, youths have substance abuse problems
and a great many abuse both drugs and alcohol.
22.' Given the magnitude of the substance abuse problem, there
has been concern about the availability of treatment
programs, both within the institutions and in the
community. Most community funding goes toward apprehending
drug pushers rather than treating abusers. virtually all
-9-
community treatment programs have long waiting lists.
Within the County-operated juvenile institutions, drug
abuse programming has essentially been limited to
educational presentations by the Teen Age Program (TAP) and
group sessions conducted by Alcoholics Anonymous (AA) and
Narcotics Anonymous (NA) .
Within the last year, however, a new program has been
started in all three treatment facilities. This program is
being offered by the Alcohol Information and Rehabilitation
Service (AIRS) , a service of the Alcohol/Drug Abuse/Mental
Health Division of the County Department of Health Ser-
vices. AIRS provides regular twice-weekly counseling
sessions at each County-operated juvenile treatment facil-
ity and there are plans for establishing on-going support
groups in several communities so that youths can avail
themselves of this service after the period of incarcera-
tion (Exhibit 2) .
Substance-abuse treatment is likely to be. most effective if
it is intensive, long term and fully incorporated into a
total rehabilitation program. The D.E.U.C.E. (Deciding
Educating Understanding Counseling and Evaluating) program
in the adult detention facilities is of this comprehensive
nature. D.E.U.C.E. and the newly implemented AIRS program
for juvenile offenders are both being pioneered in our
County and they could share materials, ideas and
strategies to their mutual benefit.
23 . Standards for juvenile facilities cited in the 1983 Master
Plan state:
Work assigned to a minor shall be meaningful,
constructive and directly related to vocational
training and/or to increasing a minor' s sense of
responsibility.
Most youths incarcerated in County-operated facilities have
never developed good work habits, marketable skills or the
practical knowledge required to "make it" on their own in
the ordinary workaday world. Periods of_ incarceration
provide an opportunity to increase the youngsters' skills
in these areas.
24. Residents in all juvenile facilities are engaged in some
work activities, mostly in a variety, of housekeeping
chores. Some residents at the Ranch perform community
service jobs, such as painting house numbers on curbs and
serving as flag boys at motocross races -- projects which
contribute to community good will and bring in some funds
for special equipment at the Ranch. A very small number of
boys and girls from the Treatment Centers perform paid work
in community businesses under the Outside Work Experience
-10-
(OWE) program. Some 12 to 15 residents at the Ranch are
enrolled in a ten-hour-per-week food preparation program
offered by the Regional Occupation Program (ROP) . Expan-
sion of ROP programming is possible without cost to the
Probation Department since State average daily attendance
(ADA) reimbursement is available for enrollees 16 years of
age or older and for younger students who are preparing for
emancipated minor status.
A new and productive project is being undertaken for the
first time this year. Several residents at Juvenile Hall
could acquire painting skills by painting their own build-
ing under the direction and supervision of a journeyman
union painter.
25. Volunteers have long been considered a valuable adjunct to
Probation Department activities. Prior to the passage of
Proposition 13, the Probation Department had a paid
Coordinator of Volunteers and a very large volunteer
program. Subsequent to Prop. 13 and the funding cuts which
were necessitated by it, the Coordinator was reassigned and
the extent of volunteer involvement declined significantly
as shown below:
NO. OF NO. OF
YEAR VOLUNTEERS VOLUNTEER HOURS
1977 1,343 23,640
1978 446 9,413
1979 397 4,867
1980 304 4,204
1981 185 3 ,187
1982 187 2,494
1983 324 4,032
1984 220 3,667
1985 267 4,479
1986 239 4,715
1987 328 9,121
1988 144 9,421
26. Volunteers who offer their services to juvenile
institutions fall into three major categories:
♦ non-participatory, supportive volunteers help by
raising money through a variety of activities;
♦ regular direct-service volunteers work directly with
the residents on a scheduled basis -- tutoring
residents, assisting youth counselors or leading
special interest groups (e.g. cake decorating, hair
styling, arts and crafts, etc. ) ;
♦ intermittent direct-service volunteers come into the
facility and have contact with the residents on an
irregular basis, frequently in connection with special
_11-
occasions (e.g. carolling at Christmas, bringing cakes
and presents to help celebrate a resident' s birthday,
etc. ) .
27 . The Juvenile Hall Auxiliary, which provides a substantial
number of intermittent direct-service and non-participatory
volunteers, has hired its own part-time director.
28 . There is no paid coordinator with special responsibility
for regular direct-service volunteers; these volunteers are
screened, placed and supervised by facility staff members .
In the absence of a paid Coordinator of Volunteers, the
number of regular direct-service volunteers must neces-
sarily be small, because utilizing these volunteers in a
setting with volatile youths requires:
♦ active recruitment;
0 very careful screening,
♦ substantial training; and
♦ close supervision.
Well-managed programs of well-trained, direct-service
volunteers have proven to be very cost=effective.
Overcrowding
29. During 1988, Juvenile Hall was overcrowded on numerous
occasions. The primary cause of the overcrowding was the
vast increase in the number of post-adjudicated juveniles
for whom appropriate placement was not available, either in
County-operated treatment facilities or in private group
homes. Not only are there more such youths, but their
confinement within the Hall is much longer than for young-
sters who are being detained pending a hearing. The
average for all Juvenile Hall stays is two weeks; the
average for juveniles awaiting placement is five weeks.
These averages are deceptive, however, since they include
. those who stay only a few hours or days as well as those
who stay for six or more months. The longest-staying
youths are the ones who are hardest to place or who repeat-
edly fail placement elsewhere and are returned to the Hall.
Since the Hall is set up to provide programming which is
appropriate for short-term detention, long-term detention
in this facility is inappropriate.
The Probation Department is acutely aware of the importance
of keeping the length of Juvenile Hall stays to a minimum,
but it is handicapped by limited placement options.
-12-
A 1988 Probation Department report on overcrowding at
Juvenile Hall noted that two-thirds of the adjudicated
youths being held in the Hall have been committed to
non-secure facilities and do not need to be in secure
detention.
30. The youth population of Contra Costa County is expected to
increase 30 percent by the year 2000. Since Juvenile Hall
has already experienced serious overcrowding, the problem
-- and the associated health and safety hazards -- will be
exacerbated.
Privately-operated Group Homes
31. Within Contra Costa County there are only eleven private
residential facilities (group homes) available for youth
who are under the authority of the juvenile justice system.
These range from six-bed private homes scattered in
residential neighborhoods throughout the County to a single
fifty-bed facility located on County property. Altogether,
they have a capacity of about 150 .
All group homes are staffed by paid counselors on a
24-hour-a-day basis. Many also have social workers,
substance-abuse specialists and nurses available part of
the time.
Group homes are generally, but not exclusively, non-profit
programs and, like nursing homes and child care centers,
are licensed by the State. Licensure is primarily depen-
dent upon meeting prescribed health and safety require-.
ments rather than on specific programmatic components.
32. Group homes are paid by the State for each child under
their care, provided that the child is a ward of the court.
The per child rate is negotiated between the group home
operator and the State, based on the State' s review of
actual expenditures for the six months prior to rate
setting. Most Contra Costa County group homes have a State
reimbursement rate ranging from $2,600 to $3,600 per child
per month. All of the programs maintain that their actual
costs are now substantially higher and that they have not
received rate increases in some time. Aid to Families with
Dependent Children (AFDC) - Foster Care funds are used to
pay the group home operators; 95 percent of these funds
come from the State and Federal governments and 5 percent
comes from the County.
33. Since group homes are licensed and paid by the State, they
can accept juveniles from any jurisdiction. Group homes in
Contra Costa County have no particular obligation to
accept referrals from this County. In fact, most of those
placed in these programs -- 75 to 80 percent -- come from
out of the County. Conversely, most Contra Costa County
-13-
juveniles are placed outside the County. Of an estimated
200 Contra Costa County children in private placement at
any one time, approximately 30 are placed within the
County, 95 are placed in the greater Bay Area and the
others are placed throughout the State.
34. Since most experts feel that children fare better when they
are closer to home, except in rare instances when they need
to be distanced from negative influences, the question
arises as to why so many of our youth are placed out of
County. A number of factors influence these placements:
a. One factor is the appropriateness of the program in
relation to the particular needs of the youngster.
b. Another factor is the probation officer' s assessment
of the quality of the program and the cooperativeness
of the program staff, since they will both be working
with the same youngsters. Some group homes reportedly
prefer taking juveniles from greater distances to
minimize the involvement of both the probation officer
and the youngsters ' families.
C. Availability is another issue. Operators need an
occupancy rate of 90-94 percent to break even. This
means that a successful program rarely has a spot
available when it is needed for a local minor.
d. Another concern pertains to the planned duration of
the placement. Here again, the County and the
operator frequently have different agendas since the
operator would prefer less turnover and the probation
officer might be desirous of getting the youngster
home as soon as possible.
e. Operators generally prefer to serve more manageable
juveniles so that finding placements for difficult
youngsters and .those with special problems and needs
is likely to require a long, hard search.
35. Whenever the County purchases services from a privately-
operated program, there is a written contract between the
County and the provider. A contract enables the County to
set conditions pertaining to who will be accepted for
service, what services will be provided, etc. In the
case of privately-operated group homes, however, the State
not the County is the purchaser of services; payment is
made by the State for each youth who is served and the
County has no written contract. Even the program which is
operated on County property is governed by a landlord-
tenant lease agreement, not by a contract.
-14-
Without a contract, the County is unable to set conditions
with regard to admissions, program components or other
facets of a group home operation. The success of a working
relationship between the County and the provider is
therefore dependent on good-will and other intangibles. If
a group home is not deemed appropriate or adequate, a
probation officer will not use its services. A structured,
contractual relationship would give the County more control
over the appropriateness and adequacy of the programs
provided by the group homes and this, in turn, would mean
that more and better placements could be made within the
County.
36 . There are several instances in which the County exercises a
measure of control . over the private providers who serve
youth under the Probation Department' s authority:
♦ An arrangement whereby the County provides a "patch"
(or supplement) of several hundred dollars per month
per child, in addition to that which the provider
receives from the State.
♦ A commitment on the part of the County to ensure that
a predetermined level of occupancy will be maintained.
These enable the County to ensure the availability of
specified slots for Contra Costa County youngsters.
CONCLUSIONS
The 1988-89 Contra Costa County grand jury concludes:
I. Funding for juvenile institutions has been barely adequate
to maintain service levels. The threatened reduction in
the County Justice System Subvention Program (CJSSP) funds
by the State would constitute a major set-back.
2. Funding has been more available for constructing facilities
for adult offenders than for juvenile offenders. This
favoritism has resulted in a marked inequity in the facili-
ties for adults and youths in the County. There comes a
point when the quality of the environment begins to have an
impact on the program. The grand jury concurs with the
1988 report of the Contra Costa County Juvenile Justice
Commission that " . . .with the addition of two adult facili-
ties, it' s time to give juveniles some precedence in
facility planning."
3 . The Contra Costa County Juvenile Corrections Master Plan
(1983) provided an excellent, professionally-developed
blueprint for future actions. Updating the report and
assessing the extent to which recommended changes have been
implemented is essential.
-15-
4. Some of the programmatic deficiencies noted in the 1983
Master Plan have been corrected by the relevant County
departments (Probation, the Alcohol/Drug Abuse/Mental
Health divisions of the Health Services Department, and the
County' s Office of Education) . However, substantially more
must be done in relation to mental health, substance abuse
and vocationally-related training programs in County-
operated juvenile treatment centers. Active commitment to
such programs and expanded support from the relevant County
departments are needed.
5. A well-trained, well-administered corps of regular direct-
service volunteers would provide very substantial help to
the staff .
Regular direct-service volunteers, working under staff
supervision, cane help mental health and substance abuse
program personnel by 'being available to listen to young-
sters who need to talk to a caring adult; they can lead
chess clubs, drama groups and other activities geared
toward developing individual interests and self-esteem;
they can share a variety of skills (repairing small appli-
ances, knitting, etc. ) ; they can provide informative talks
about their occupations. The possibilities are many,
varied and cost-effective.
6 . Privately-operated group homes have the potential for
providing very valuable resources for Contra Costa County
Juvenile offenders who require out-of-home placement in
non-secure facilities. Many of these programs offer home-
like settings and/or specialized treatment to meet the
needs of troubled or chemically-dependent youngsters.
Availability of additional, high-quality, appropriate
placements in group homes within the County would benefit
both the juveniles and the County.
Group homes are supported almost entirely by State and
Federal dollars, in contrast to County-operated facilities
which are funded mostly by County dollars. The County
generally does not contract with group home providers. In
the absence of such contracts, the County has virtually no
control over admissions or program . components, hampering
its ability to effectively utilize these services.
RECOMMENDATIONS
The 1988-89 Contra Costa County grand jury recommends that the
Probation Department:
1. Plan and aggressively seek funds for very substantial
upgrading or, preferably, replacement of Juvenile Hall and
the dormitory at Byron Boys' Ranch. Planning should take
into consideration:
-16-
a. The fact that only about a third of those who are held
in Juvenile Hall actually require a locked facility.
b. The desirability of creating a livable environment,
separating younger and older boys and providing a
measure of privacy for the residents at Byron Boys'
Ranch.
2. Review and update the 1983 Juvenile Corrections Master Plan
and assess the extent to which recommended changes have
been implemented.
3 . Continue to cooperate with other County departments
(Alcohol/Drug Abuse/Mental Health and the Office of
Education) in order to:
a. Expand mental health services in County-operated
facilities, with particular emphasis on making YIACT
personnel available on-site at the Byron Boys' Ranch
and providing more therapy and follow-up for residents
of all County-operated juvenile detention facilities;
b. Continue, integrate and expand all current substance
abuse programs, working toward the goal of intensive,
long-term treatment for all who need to overcome a
chemical dependency. Implement the current plan to
provide community-based support groups for residents
who return to their communities, as well as active
outreach to their families;
C. Expand programming to expose youngsters to work
opportunities and practical skills by developing:
♦ More Regional Occupation Program (ROP) vocational
training programs;
♦ More projects like the painting of Juvenile Hall,
with proper supervision and instruction;
♦ More "real work" experiences in the community.
4. Designate a full-time Coordinator to recruit, screen, train
and organize regular direct-service volunteers for all
County-operated juvenile facilities.
5. Gain a greater measure of influence over privately-operated
group homes within the County, possibly by providing a
modest "patch" ( supplement) and developing contractual
agreements.
6. Develop or expand programs to meet special needs:
a. A sub-acute program for latency-age children. Con-
sideration might be given to including this program as
part of the psychiatric facilities which are to be
included in a new County Hospital.
-17-
b. Pre-placement centers. If the small, recently
established pre-placement center proves insufficient
to alleviate overcrowding; at Juvenile Hall, additional
centers should be developed.
C. A transitional program for chemically-dependent
youngsters. The County should help find and secure
suitable facilities within the County for quality
group home programs which are currently located
outside the County.
The 1988-89 Contra Costa County grand jury further recommends
that the Board of Supervisors :
7. Personally visit all County-operated juvenile facilities in
Contra Costa County to observe existing conditions.
8. Assign a higher priority to County support of programs for
juvenile offenders to prevent their "graduation" to adult
offender status.
9. Initiate legislation to increase State budget allocations
for programs and facilities for juvenile offenders.
10. Initiate action to elevate the quality of juvenile
detention facilities to the same level as those for adult
offenders.
11. Continue the County' s efforts to halt the threatened State
cuts in County Criminal Justice System Subvention Program
(CJSSP) funds.
-18-
EXHIBIT 1
CONT= CCSTA COUN7Z PROBATIOil DEPART111I N1
P CE Ji IENILE JUST= SYS—_T
'1'I'ie Juvenile Just_Ce Syste", is complex and Piot understood by ria^77
who are nct direC-:!_T i_?IOl Ved in its Urocesses and procedures .
There are several decision points Where C1=-erent authorities are
e i�LGWereO LC in L.mute the least res triCtive oUtlon in aCCOraariCe
w=h the :.urzose C= r--.--,e juyenlie CCL'.`_t Law, wnlcfl is to rrOtec-
the safety C= the ^L:1__ andyOl_th-",di O__ende rS
The law scecifiles %-a` ane Child' s rai-iil '7 ties be preser`•Tz"
whene,ler 3Dcss_b_e c d r71nen. a C:,i i d is re moves r=Cm -'e Za.til- _L
ecu Vale 7t ScrV Cep and 1'_VinG enVirOP i eilt replicate c fam_i'%
envi ro=ent to thevextenu ocssioie The law Turtle: `.eci_?
that yoretrifid o==e �..nCebe held accountahle for the__`acts ane
that m=norS I:av ',^,e pun_she^ by the leV"_7 na of .?'1nes, Sen- C. 'q
C iin.u.2-_t se=vice, r e:tr iC�--ion O. 1_oert'�, decent iC _ _an,,
COi;u l_�_;tenL Lo Lre` cn ?'a iI=Lies .
The Ju'7enle COu'_ Law is precisely CCG' =_C in the Welfare and
Ins tLitut__Jon's CGGe, Chapter 2 , commencing g in Sect-Lon 200.
IZi Order Lo prOViO a simplified e._rlaP.atiOn Of the Juvenile CCur�
Law, we provide a I�rie. description of the mechanics and decision
steps for a minor (u.nder 18) from arrest t1n.i0ugh Juvenile Court
dispes_tion. A =-Ow chart- is att._ched to visualize the process .
Arrest- :
A minor may be arrested who is suspected to have violated any law
or ordinance. Minors who have violated provisions of the law
which are unique to persons under 21 years may also be taken into
custody by a peace officer. These are called "status offenses"
and include curfew, habitual truancy, ru..away or being beyond the
control of a parent or guardian.
Police may elect to take the matter no further and conclude that
the arrest, counseling and parental intervention are sufficient in
light of the circumstances .
Local law enforcement may also offer the youth some unofficial
option such as cc:munity service, Youth Court or re-ferral to a
counseling resource in lieu of referring the matter to the
Probation, Department.
Referral to Probation:
Youthful offenders may be referred to the Probation Department by
anyone, but neariv all referrals are by police as the result of an
arrest. Referrals come in two forms: (1) By citation, wherein
documnents are sent to Probation relative to the alleged Crl?Ae ; and
( 2 ) By phvsicall-_� bringing the _youth tc Juvenile Nall along with
required reports and documents.
1-1
EXHIBIT 1
CONTRA COSTA COUNTY PROBATION DEPARTMENT
AN OVERVIEW OF THE JUVENILE JUSTICE SYSTEM
The Juvenile Justice System is complex and not understood by many
who are not directly involved in its processes and procedures.
There are several decision _points where different authorities are
emoowered to institute the least restrictive option in accordance
with the purpose cf the Juvenile Court Law, which is to protect
the safety of the public and youthzui offenders .
The law specifies that the child' s family ties be preserved
wheneve_ possible and when a child i removes trom t o zami y,
equivalent services and living environment replicate a family
environment to the extent vcssiBTe--. ---T-Tie law further speciries
that youthful offenders be� heed accountable for their acts and
that minors may be punished by the levying of fines, sentencing to
community service, restriction of liberty, detention and
commitment to treatment facilities.
The Juvenile Court Law is precisely codified in. the Welfare and
Institutions Code, Chapter 2, commencing in Section 200.
In order to provide a simplified explanation of the Juvenile Court
Law, we provide a brief description of the mechanics and decision
steps for a minor (under 18 ) from arrest through Juvenile Court
disposition. A flow chart is attached to visualize the process .
Arrest:
A minor may be arrested who is suspected to have violated any law
or ordinance. Minors who have violated provisions of the law
which are unique to persons under 21 years may also be taken into
custody by a peace officer. These are called "status offenses"
and include curfew, habitual truancy, runaway or being beyond the
control of a parent or guardian.
Police may elect to take the matter no further and conclude that
the arrest, counseling and parental intervention are sufficient in
light of the circumstances.
Local law enforcement may also offer the youth some unofficial
option such as community service, Youth Court or referral to a
counseling resource in lieu of referring the matter to the
Probation Department.
Referral to Probation:
Youthful offenders may be referred to the Probation Department by
anyone, but nearly all referrals are by police as the result of an
arrest. Referrals come in two forms: (1) By citation, wherein
documents are sent to Probation relative to the alleged crime; and
( 2 ) By physically bringing the youth to Juvenile Hail along with
required reports and documents.
1-1
2 -
Probation Intake:
Probation Intake is an initial investigation into the alleged
offense. The minor' s background and current family status and
his/her comments about the alleged offense. This investigation
occurs more cpsickly when a child is in custody. It includes a
decision to continue in-custody detention and a recommendation to
the Court relative to continuing custody when that is warranted.
Probation intake decision ontions are:
1 . D smiissal based on rnsufilcient evidence or that the matter
can be best resolved with no further intervention by the
auth orities .
2 . Transfer based on the minor ' s legal residence being in
another county.
3 . Suitability for handling in the Juvenile Court may be
questioned if the minor is older, emancipated, or if the
crime is very serious and beyond the scope and purpose of
Juvenile Court. Suitability is a decision made by the Court
upon receipt of a Probation report and recommendation.
Minors found not suitable are prosecuted as adults and have
all due process rights as if they were adults. They may be
ordered detained in Juvenile Hall if they are under age 18 .
4. Informal Probation may be offered to a minor who admits his/
her crime and agrees to terms of probation. Informal
Probation is without a Court Order and may be for up to six
months.
5. Initiate a petition to declare the minora ward of the Court.
A petition is akin to formal charges that a minor has
violated a law. Petitions initiate a hearing by the Juvenile
Court and are filed by the District Attorney upon referral
from the Probation Intake Officer.
Juvenile Court Hearings:
Upon the filing of a petition, the Juvenile Court process is
initiated.
Detention Hearing: The purpose of this hearing is to
determine the need for further in-custody detention. pending
further Court act-ion. Since juveniles do not have a right to
bail, this hearing guarantees due process rights.
Adjudication Hearing: The purpose of this hearing is to
determine the factual basis of the allegations of the
petition. It may be akin to a trial in Adult Court with
testimony taken from witnesses, representation by counseling
and rules of Court as applicable.
1-2
3 -
Dispositional Hearing: The purpose of this hearing is to
determine-actions as ordered by the Court. The Court will
receive a Probation investigation, evaluation and recommenda-
tion prior to disposition and typically relies heavily on the
Probation Officer' s findings and recommendations. The
Court' s initial dispositional options following a sustaining
of the petition are:
1 . To find the minor unfit for handling in the Juvenile
Court and refer the matter to the District Attorney fcr
prosecution under general law.
2. To dismiss the entire matter if it is felt there is no
further need for Court action (this is rarely ordered) .
3 . To release the minor on probation under specified
conditions and requirements, but without declaring the
minor a ward of the Court. This type of probation is
limited to six months.
4. To declare the minor a ward of the Court and release
him/her on probation under specified conditions and
requirements. Wardship continues until dismissed by the
Court (generally before the minor is 21 years of age) .
Probation conditions may include a fine or community
service and restitution to victims.
5 . To declare the minor a ward of the Court and take
custodv of the minor for commitment to a treatment
facility, foster home or . group home.
Residential Treatment Options (For Wards as Ordered by the Court) :
The Juvenile Court has several options for ordering residential
care for lengths of stay from 24 hours to several years. A minor
may not be confined for periods longer than specified for adults
convicted of the same crime. The Court' s options are:
1. Commitment to Juvenile Hall for a specified period of time,
typically 30 days or less.
2. Commitment to a County operated treatment facility (camp,
ranch or school operated by the Probation Department) .
3 . Placement into a foster home or group home as determined by
the Probation Officer.
4. Commitment to the California Youth Authority. These commit-
ments are rare (3-4a of cases) and involve serious, violent
offenders and those who have been tried in -local programs and
have failed.
1-3
A _
Probation Violations and Rereat Of-fenders:
When a minor is on probation or in a local residential treatment
program and fails to obey the orders and conditions of the Court
or who commits a new offense. The Juvenile Court Law process
begins anew with the intake process and may commence toward a
modification of the Court' s dispositional order.
In certain cases, as required by statute or as directed by the
Court, review/progress hearings may be held during the course of
the Court' s jurisdiction.
Dismissal, Termination and Juvenile Records:
Dismissal or termination occurs when probation runs its course in
a satisfactcry manner or when wardship is terminated by Court
order.
Minors who have been subject to the Juvenile Court Law may
subsequently petition to have their records sealed. Actions by
the Juvenile Court are not convictions but may be used as "prior
records" in an Adult Court matter on the same party.
GSB:ds
Attachment
1-4
1987
602 WIC DELINQUENCY
JUVENILE PROBATION PROCESS
OUT OF COUNTY
PCLICE A:'iD PARENTS, TR4:\S=ER
SCHOOLS GUARDIANS
SHERIFF'S DEPT. CERTIFICATION
SELF FROM AD1jLT CRT.
5830 Arrests
4004 Referrals
INFORMAL { PRCB„TION ADLIONISH
PR OBATION I`TACE SE
AND
900
PETITION' SUSTAINED1
DECLARED WARD PE T ITIO'v FILED PETIT_`
COh124ITTED TO JUVENILE COURT DISMISSED
CYA 19 FEARING CASE CLOSED
2697 863
PETITION SUSTAINED
6 MOS. FOR:Lk -352 )
PROBATION OR ) - 1814 Released on Probation
DECLARED WARD,-146 )
SUPERVISED IN SUPERVISED IN
FOSTER HOME COUNTY JUVENILE SUPERVISED SUPERVISED
PLACEMENT, OR INSTITUTION: OWN IN SPECIAL
PRIVATE BOYS' RANCH/ HOME PROGRAM
INSTITUTION BOYS' CENTER 1814
211 578
WARDSHIP VACATED BY COURT
OR
6 MOS. PROBATION TERMINATES
(RECORD CA:.' BE SEALED)
1-5
EXHIBIT 2
Administrative Office Co S LQ
loth Floor County
Administration Building bcc: Bill Thomas
651 Pine Street
Uartmez,California 94552-1239
(415) 646-2700
1c: Boars t= Supervisors oat`: 3/' 3/89
From: Gerald S. Buck, Subject: M_= da tory D_--1g Educa tic::
County Probation C==-icer _=ocram for _ncarceratef
Juveniles
BACKGROUIND:
It 1S Well known to the Pronation Department and others that _:
yout
who become residents of Juvenile Hall, Byron Boys ' Ranch, the
BOv_s ' Treatment Ceater and the Girls' Trear.-,ent Center are more
likely to have ,used illegal drugs and that many abuse use of drugs
to the point of s_cnizicant harm to themselves and o f ers. It is
estimated that 80% or more o-f these youth have used drugs on a
recular basis to some decree. Twenty-four percent of incarcerated
youth have been arrested for a drug ofsense. Many youth are very
sOD isti sated in their knowledge of drugs in their culture. Tnese
vou'h are not exper-Ji menters, but rather chrcnlc users of mind a;^i
mood altering subs-a- - Manv are in need of extensive care,
treat_m,en' , and counseling 3r they are to alter tile_
stvles.
is also cocent to recocr_ize t_^_at Juvenile Hall i - a deien-i on
y- I l �v 7 C` CTj-C :T 4 1 �. n' "P t'^C �' ��-
ra tihere re ;d ma b house on _v a few hou_ o_ _ _
several weeks pend;ng court hear'nes and placement _-_to other
-rea-L-ne'_?t _DrOc a_*rs. During the course of year 3 ,200 vouth are
admitted to juven:l e Hall. The Oehler lac_±_ties are treatment
r
^roar m's to W^ich wards o= the Court are c--=-', tted for periods Of
=rom 45 da v s to n.4n- month-s.
On February i , 1989 the Board asked me, with the assistance e� the
Director of Alcohol/Drug Abuse/Mental Health Services to develop
and im-cle--me_nt a mandatory drug education progran, for incarcerated
3uven=les. i t Was requested that We consider use Gr a v_Qeo
'orese-n tat_o_^_ _ =
on dua education to res_; _ zS or -ro0at_on
faCi lilies. We Were also requested to re-pGrt On the status C=
Charm_i __-; :1cv se rvnl
_ces at Juveale call.
2-1
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REPORT OF CURRENT AND PLANNED PROGRAMS:
A. Drug Education in Facilities:
The Juvenile Court School has established a substance abuse
program as part of its health science curricula. Drug
education is provided for all residents on a rotated basis as
the residents attend school in each facility.
A wide variety of audio-visual materials are used in the
institutional classrooms .
in addition, the Court Schools Utilize the Teen Age Program
(TAP) throughout the school year (12 months) . Topics are
presented weekly. TAP provides primary drug and substance
abuse educaticn -to residents. The curricula utilized is in a
12 part series and is repeated every four months. Each
presentation is self contained and builds upon the previous
one. TAP is sconsored by the Public Health Division of
Health Services. Presentations are made by health
professionals and appropriate community groups. This is done
in the classroom in the facilities and is presented in the
evening at the Boys ' Ranch. Time spent on TAP topics weekly
is.
,Juvenile Hall - o' hours
Girls ' Center - . 1 hour
boys ' Center - 1 hour
Boys ' Ranch - 2 hours
Top cs of the TAP are.
Communication Skills
Selma Esteem
Decision Making
Sexual Res-oonsibility and ContraceD_ tion
Sexually Transmitted Diseases
AIDS
Addictive Behavior/Substance. Abuse
Smokina
Physical Fitness and Nutrition
Depression and Suicide
Currently TA_a coordinator, Beverly Jacobs , has applied for a
drug education grant to develop a Drug Education Speakers
Bu=eau to be used in public schools. Presenters would
include youth residents from our treatment facilities who
have a background of drug use. A video tape would be
developed through this grant, if awarded. J
2-2
-3-
B. Drug Treatment in Facilities: _
Through the help of AIRS, a drug counseling program has
recently been instituted at each of our treatment facilities:
Boys ' Ranch - two times per week
Boys ' Center - two times per week
Girls ' Center - two times per week
In addition, Alcoholics Anonymous and Narcotics Anonymous
hold regular meetings in all four of our facilities:
Boys ' Ranch - Weekly ( 20 residents )
Bovs ' Center - Twice per week ( 10 residents)
Girls' Center - Twice per month (all residents)
Juvenile Hall - Weekly (10 - 20 residents)
Individual crisis counseling in substance abuse is also
provided by '_'-TACT staff and our Mental Health worker, Theo
Durden, and ether staff.
C. video.
In addition to videos and other materials utilized by the
School program and TA-IP, we have recently reviewed the video
sponsored by r?kL'W "Drug Free Kids, A Parent' s Guide" . it is
well done and useful for middle class families and would be
helDrul to DarentS of selected facility residents. We ' ve
recuested facility Sta=f to use it to Stimulate group
discussions among residents. If it proves helpful, we wi 11
expand its use.
D. CnaDlai ncy «ocra_m:
We are fortunate to have such a dedicated and c_Dable
Chaplain, Re;;. Keith Spooner. He not only provides excellent
ecumenical sp-iritual gu-idance, but also 1s a sr__led crisis
counselor.
Recently the Council of Churches reduced the Juvenile
Facility Chaplaincy Program budget by 50%, resulting in the
loss of an .Assistant Chaplain. We appealed to the Council to
not cut funds, but we understand the great need for
chaplaincy services in the jail system which houses many more
residents.
Reverend Spooner must now rely more heavily on part-time
staff, interns and volunteers.
n
2-3
-4-
Iwo target areas of the Chaplaincy Program are pastoral care
in areas of child abuse victimology and abuse of drugs .
Chapel services, encouraging AA and NA sponsorship, special
education on drugs and counseling are the tools presently
utilized.
CONCLUSION AND RECOMMENDATION:
We are keenly aware of the needs of our resident population in the
area e= drug abuse education, counseling and treatment. All are
in need of accurate; reliable information and many are far beyond
being only in nee, of information.
As can be seen in the aforementioned brief description of our
efforts , we have e.^.listed the assistance of the County Office of
Education in our facility schools attended by all residents , the
Public _-Health TAP program, AIRS for drug counseling, AA and NA fcr
support group guidance and Mental Health and Chaplaincy programs
for ind]-vidual care and crisis intervention.
We are also now testing the use of a video for assistance in
parent/child interpersonal relationships on drug abuse and plan to
utilize residents and video development via TAP in public schools .
While more can always be done, we are proud of our efforts to deal
with drug issues among the residents of our facilities. We have
moved far beyond the simple showing of a drug education video as
is proposed by the Board.
We trust that the programs described are consistent with the
intent of the Board. As can be seen, there is drug education and
counseling in all facilities to deal with special needs of our
residents . Our greatest need now is to continue these programs
for vouch.
GS3.ds
.
C c _:il Batch-elcr
Stuart McCullouch
2-4