HomeMy WebLinkAboutMINUTES - 12092014 - C.22RECOMMENDATION(S):
1. ACCEPT report on the Probation Department’s new Juvenile Hall behavior management system, which focuses on
using incentives to encourage positive behavior from residents rather than on discipline and punishment to discourage
negative behavior.
2. ACKNOWLEDGE that in order to effectively implement the new behavior management system at Juvenile Hall,
the Probation Department will need additional staff.
3. ADOPT Position Adjustment Resolution No. 21561 to add eight (8) Probation Counselor III (7KTB) (represented)
positions at salary plan and grade PP5 1507 ($4,686 - $5,696) and add one (1) Institutional Supervisor I (7KHA)
(represented) at salary plan and grade KU5 1628 ($5,630 - $6,844) in the Probation Department.
FISCAL IMPACT:
The annual fiscal impact is approximately $1,491,986 which constitutes
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/09/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Danielle Fokkema,
925-313-4195
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: December 9, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: Philip Kader, Probation Chief, Tim Ewell, Senior Deputy County Administrator, Tina Ro-Connolly, Deputy County Counsel, Kathy Ito, Human
Resources Consultant, Elizabeth Verigin, Assistant Auditor-Controller, Danielle Fokkema, James Hicks, Eldreai Ellis
C. 22
To:Board of Supervisors
From:Philip F. Kader, County Probation Officer
Date:December 9, 2014
Contra
Costa
County
Subject:Add eight Probation Counselor III positions and add one Probation Insitutional Supervisor I position
FISCAL IMPACT: (CONT'D)
the total compensation package (salary and benefits) of these nine positions. Of this amount, the County’s pension
cost is approximately $660,321. For FY 2014/15, the estimated fiscal impact is $621,661, assuming the new
positions are filled in February 2015. This sum includes a County pension cost of approximately $275,134. The
fiscal impact will be covered 100% by the General Fund. This amount is not currently budgeted in the Probation
Department and will require an increased general purpose revenue allocation.
BACKGROUND:
The Contra Costa County Probation Department is responsible for operating the John A. Davis Juvenile Hall.
Prior to October 2008, Juvenile Hall was used as a temporary “holding” facility for juveniles, age 18 and under,
arrested for more serious offenses until the Juvenile Court resolved their criminal proceedings. It also temporarily
housed convicted juveniles who were awaiting their permanent placement elsewhere, such as the juvenile
detention facilities run by the California Department of Juvenile Justice. Juveniles arrested for lesser crimes were
not and are not typically housed at Juvenile Hall; they are usually placed on probation and allowed to return home
pending resolution of their criminal proceedings.
In October 2008, the Probation Department instituted the Youthful Offender Treatment Program (YOTP) at
Juvenile Hall, which is a special program designed to reduce the recidivism rate for male juvenile offenders. Only
juvenile offenders who have been convicted of a crime are eligible to participate in YOTP. The Juvenile Court
determines whether a juvenile will be assigned to YOTP at the conclusion of the criminal proceedings. YOTP
currently has a maximum capacity of 30 juveniles. Male juvenile offenders assigned to the program are housed in
the Cypress Unit at Juvenile Hall. In 2009, the Probation Department instituted a similar program for young
women at Juvenile Hall, the Girls in Motion (GIM) program, which has a capacity of approximately 12 juveniles.
The female juvenile offenders assigned to the GIM program live in the Shasta Unit at Juvenile Hall. These two
programs provide the Juvenile Court with an important in-County placement option so that committed juveniles
can maintain contact with family.
The average stay at Juvenile Hall for juveniles who are not sentenced to the YOTP or GIM programs is
approximately 28 days. For female juveniles sentenced to GIM, the average stay is approximately 5-6 months. For
the male juveniles sentenced to YOTP, the average stay is approximately 12-14 months. All residents of Juvenile
Hall, regardless of their length of stay, attend Mt. McKinley, the school in Juvenile Hall run by the Contra Costa
County Office of Education.
The rehabilitative programs provided by YOTP and GIM include courses such as “Aggression Replacement
Therapy” (ART) and “Thinking for a Change.” The YOTP and GIM courses are intended to promote social skills
and better behavior patterns. To keep programming at YOTP and GIM current and consistent with best practices,
the Probation Department has been consulting with Professor Edward Latessa of the University of Cincinnati
Research Institute since 2011. Professor Latessa has been involved in the development of programming for adult
and juvenile detention facilities throughout the country, including the facilities operated by the California
Department of Juvenile Justice.
The Probation Department’s efforts to develop, implement, and update YOTP and GIM have been recognized.
The Contra Contra County Juvenile Justice and Delinquency Prevention Commission awarded both YOTP and
GIM as the “Model Program of Excellence”; YOTP was recognized in 2008 and GIM was recognized in 2009. In
addition, Probation Department staff was recognized by the developers of ART with the “Spirit of Goldstein
Award.” This award is given to those trainers who display exceptional proficiency in implementing ART.
In August 2013, Disability Rights Advocates (DRA), a nonprofit organization dedicated to advancing the rights of
disabled persons, initiated a class-action lawsuit against Contra Costa County and the Contra Costa County Office
of Education. This lawsuit alleges that the Probation Department denied juveniles with disabilities educational
services required by federal law and challenges the use of room confinement as a disciplinary measure. The
Probation Department strongly disputes the allegations made in the complaint. However, the Department is aware
of the challenges it faces in disciplining Juvenile Hall residents while continuing to meet their educational needs
and maintaining the safety and security of all of the juveniles housed at Juvenile Hall, the staff, and the facility
itself.
The Department sought to resolve this lawsuit through early settlement discussions with the DRA, but those
efforts were unsuccessful. To maximize limited financial resources, the Department decided to initiate an
immediate assessment of disciplinary practices at Juvenile Hall. The Department retained Professor Latessa and
his staff to develop a new behavior management system for Juvenile Hall, including a more effective way to use
room confinement without compromising the safety and security of the facility. The new behavior management
system will focus on providing incentives to juveniles to engage in positive behavior rather than relying on
discipline and punishment to discourage negative behavior. This emphasis on positive reinforcement reflects a
philosophical change in the Department's approach to behavioral issues. The Department is hopeful that this new
approach will benefit all Juvenile Hall residents, including those challenged by disabilities.
As a first step towards development of the new behavior management system, Probation Department staff
assigned to Juvenile Hall as well as others assigned to work at Juvenile Hall, such as teachers from the County
Office of Education and therapists from the Health Services Department, received training by Professor Latessa's
group. The training focused on correctional institution practices. The next step requires Professor Latessa and his
staff to develop a new security policy and a new incentive program.
The Probation Department anticipates that it will implement the new behavior management system in the Cypress
and Shasta Units in approximately six months. These Units were chosen because they house the YOTP and GIM
programs and thus have large, relatively permanent populations. Currently, there are approximately 53 juveniles in
those two units. The Department plans to implement the new behavior management system in the remaining five
units at Juvenile Hall over the following year.
The new behavior management system requires additional staffing in order to maximize the benefits of that system
without compromising the security and safety of the facility. Increasing the staff will permit probation counselors
to engage in one-on-one communications with juveniles, which is a critical feature of the new behavior
management system. The Probation Department proposes to increase unit staffing by one additional counselor per
shift on both the Cypress and Shasta Units. This equates to six additional counselors.
The Probation Department also proposes to add two additional counselors and one supervisor. Currently, two
counselors are assigned on an overtime basis to facilitate the provision of educational services by the County
Office of Education to juveniles unable to attend the classroom located on each unit. These positions would be
made permanent. The additional supervisor will be responsible for overseeing implementation of the new system.
In addition to implementing the new behavior management system, a federal law called the Prison Rape
Elimination Act (PREA) requires the Probation Department to reduce juvenile to staff ratios by October 2017.
The Probation Department will need to gradually increase the staff at Juvenile Hall over the next two and a half
years in order to meet the stricter PREA standard. Increasing staffing now will effectively address both the new
behavior management system and the additional requirements under PREA.
CONSEQUENCE OF NEGATIVE ACTION:
The Juvenile Hall will lack sufficient staff to properly implement the new behavioral management system.
CHILDREN'S IMPACT STATEMENT:
This program supports the following Board of Supervisors’ community outcomes: "Children are Healthy and
Ready for School", "Youth Are Healthy and Preparing for Adulthood", and "Families and Communities Are Safe."
ATTACHMENTS
P300 No. 21561