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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