Issues Faced by Juveniles Issues Faced by Juveniles Leaving Custody:Leaving Custody:

Breaking Down the BarriersBreaking Down the Barriers

University of OregonUniversity of OregonApril 6, 2007April 6, 2007

Pat Arthur, National Center for Youth LawPat Arthur, National Center for Youth Law

Returning Home After Returning Home After IncarcerationIncarceration

Annually approximately 100,000 juveniles Annually approximately 100,000 juveniles nationwide age 17 and under are released nationwide age 17 and under are released back to the community after a period of back to the community after a period of incarceration. incarceration.

Typical Characteristics of Typical Characteristics of Juveniles Released from Juveniles Released from

IncarcerationIncarceration

Mostly maleMostly male

Approximately half between the ages of 14 & 17Approximately half between the ages of 14 & 17

Disproportionately youth of colorDisproportionately youth of color

Likely to be from single-parent homeLikely to be from single-parent home

Likely to have relative who is incarceratedLikely to have relative who is incarcerated

Typical CharacteristicsTypical Characteristics

On average, have spent 1/3 of teenage years in On average, have spent 1/3 of teenage years in confinementconfinement

Significant alcohol and substance abuse problems Significant alcohol and substance abuse problems

Over 90% of the girls have a history of physical or Over 90% of the girls have a history of physical or sexual abusesexual abuse

High rate of mental health needs: 66% of the youth High rate of mental health needs: 66% of the youth committed to the Oregon Youth Authority have a committed to the Oregon Youth Authority have a diagnosed mental health disorder (excluding diagnosed mental health disorder (excluding conduct disorder)conduct disorder)

Typical CharacteristicsTypical Characteristics

Prevalence of learning disability -- 3 to 5 Prevalence of learning disability -- 3 to 5 times higher than the general youth times higher than the general youth populationpopulation

Returning home to an impoverished family Returning home to an impoverished family and neighborhoodand neighborhood

More than 2/3rds will not return to school More than 2/3rds will not return to school upon releaseupon release

RecidivismRecidivism

National research suggests recidivism National research suggests recidivism rates for juvenile parolees range from 55 rates for juvenile parolees range from 55 to 75 percent.to 75 percent.

The Oregon Youth Authority reports the The Oregon Youth Authority reports the recidivism rate for juvenile offenders recidivism rate for juvenile offenders statewide in Oregon in 2005 was 31.5 statewide in Oregon in 2005 was 31.5 percent.percent.

Elements of Successful Reentry Elements of Successful Reentry PlanningPlanning

Comprehensive process that begins at Comprehensive process that begins at sentencingsentencing

Reentry planning continues throughout Reentry planning continues throughout incarcerationincarceration

Seamless coordination between multiple Seamless coordination between multiple systems systems

Effective inter-agency information Effective inter-agency information exchange consistent with State and exchange consistent with State and Federal lawsFederal laws

Elements of Successful Reentry Elements of Successful Reentry PlanningPlanning

Continuous and consistent access to Continuous and consistent access to services in the communityservices in the community

Child advocates (or service brokers) to Child advocates (or service brokers) to help obtain and coordinate serviceshelp obtain and coordinate services

Ties to community social networks and Ties to community social networks and family supportsfamily supports

Barriers to Successful ReentryBarriers to Successful Reentry

Reluctance by child-serving systems to serve Reluctance by child-serving systems to serve youth leaving incarcerationyouth leaving incarceration

Lack of systems coordinationLack of systems coordination

Lack of continuous access to needed health Lack of continuous access to needed health services, including medications, and mental services, including medications, and mental health treatmenthealth treatment

Inadequate pre-release transition planningInadequate pre-release transition planning

Transition Planning Reduces Transition Planning Reduces RecidivismRecidivism

Youth who received mental health treatment Youth who received mental health treatment within the first 3-months of release in within the first 3-months of release in Washington State were less likely to re-offendWashington State were less likely to re-offend

Youth with co-occurring mental health and Youth with co-occurring mental health and substance abuse disorders who received substance abuse disorders who received extensive discharge planning in Washington extensive discharge planning in Washington State were less likely to re-offendState were less likely to re-offend

Trupin, Trupin, et alet al., 2004., 2004

Access to Health BenefitsAccess to Health Benefits

Ensuring that eligible juveniles leaving Ensuring that eligible juveniles leaving state or county custody have access to state or county custody have access to Medicaid benefits and cash assistance Medicaid benefits and cash assistance through Supplemental Security Income through Supplemental Security Income (SSI) immediately upon release enhances (SSI) immediately upon release enhances the likelihood of successful reentry. the likelihood of successful reentry.

SSISSI

Youth cannot receive SSI benefits while Youth cannot receive SSI benefits while incarcerated.incarcerated.

Youth can have their SSI benefits suspended for Youth can have their SSI benefits suspended for up to 12-months during a period of incarceration. up to 12-months during a period of incarceration. Reinstatement of suspended benefits avoids Reinstatement of suspended benefits avoids the need to re-determine eligibility upon release. the need to re-determine eligibility upon release.

Youth committed to OYA who have been on SSI Youth committed to OYA who have been on SSI

or who are likely to be eligible for SSI will be pre-or who are likely to be eligible for SSI will be pre-qualified before release. qualified before release.

Medicaid: The Inmate ExceptionMedicaid: The Inmate Exception

Federal law prohibits Medicaid payments for Federal law prohibits Medicaid payments for services to individuals who are “inmates of a services to individuals who are “inmates of a public institution.” public institution.”

County detention and state juvenile facilities are County detention and state juvenile facilities are “public institutions.”“public institutions.”

An individual is An individual is notnot an inmate of a public an inmate of a public institution if temporarily in detention awaiting institution if temporarily in detention awaiting placement to a more appropriate setting, if placement to a more appropriate setting, if transferred to an in-patient hospital or transferred to an in-patient hospital or psychiatric facility, or if on probation or parole. psychiatric facility, or if on probation or parole.

Suspension vs. TerminationSuspension vs. Termination

Although federal law prohibits states from Although federal law prohibits states from receiving federal financial participation (federal receiving federal financial participation (federal matching funds) for health services provided to matching funds) for health services provided to Medicaid-eligible juveniles in certain types of Medicaid-eligible juveniles in certain types of custody, Medicaid benefits may be, and should custody, Medicaid benefits may be, and should be, suspended instead of terminated during be, suspended instead of terminated during incarceration to aid in transitioning back to the incarceration to aid in transitioning back to the community. community.

Suspension vs. TerminationSuspension vs. Termination

States that suspend rather than terminate States that suspend rather than terminate Medicaid benefits during incarceration prevent Medicaid benefits during incarceration prevent unnecessary delay in processing new eligibility unnecessary delay in processing new eligibility applications upon release.applications upon release.

ORS 414.420 requires the suspension of ORS 414.420 requires the suspension of Medicaid benefits for youth “with a serious Medicaid benefits for youth “with a serious mental illness” who are confined in a youth mental illness” who are confined in a youth correctional facility. correctional facility.

But no other category of offender is included in But no other category of offender is included in this state mandate.this state mandate.

Limitations of ORS 414.420Limitations of ORS 414.420

Youth in OYA custody who are not Youth in OYA custody who are not covered by ORS 414.420 do not receive a covered by ORS 414.420 do not receive a pre-release determination of presumptive pre-release determination of presumptive eligibility 90-days prior to release as is eligibility 90-days prior to release as is provided to youth with serious mental provided to youth with serious mental illness. This may result in delay of the illness. This may result in delay of the reinstatement of benefits upon release. reinstatement of benefits upon release.

Under current law and practice in Under current law and practice in Oregon:Oregon:

Youth over the age of 18 whose Medicaid Youth over the age of 18 whose Medicaid benefits were based upon family eligibility prior benefits were based upon family eligibility prior to their incarceration will be released from OYA to their incarceration will be released from OYA without any pre-release planning to ensure they without any pre-release planning to ensure they receive of benefits immediately upon release.receive of benefits immediately upon release.

Medicaid-eligible youth under the age of 18 who Medicaid-eligible youth under the age of 18 who are removed from their family’s case during are removed from their family’s case during incarceration will have their Medicaid benefits incarceration will have their Medicaid benefits resumed upon release only when and if the resumed upon release only when and if the family goes to a branch Medicaid office to seek family goes to a branch Medicaid office to seek reinstatement. reinstatement.

EducationEducation

Education is a key indicator of success Education is a key indicator of success and has a positive effect in reducing and has a positive effect in reducing recidivism. One study found that “school recidivism. One study found that “school performance is by far the most singular performance is by far the most singular predictor of delinquency and future predictor of delinquency and future criminality.” The vast majority of youth criminality.” The vast majority of youth leaving custody do not go back to school leaving custody do not go back to school when they return to the community.when they return to the community.

Barriers to School ReentryBarriers to School Reentry

Schools often don’t want these children Schools often don’t want these children back back

Release from custody is often mid-Release from custody is often mid-semester semester

Transfer of school records and credits Transfer of school records and credits earned in custody is difficultearned in custody is difficult

BarriersBarriers

Stigmatization of certain offenders, Stigmatization of certain offenders, especially sex offendersespecially sex offenders

Lack of clear bureaucratic roles and Lack of clear bureaucratic roles and responsibilities for making sure youth are responsibilities for making sure youth are re-enrolled in school upon releasere-enrolled in school upon release

Lack of training for implementing school Lack of training for implementing school reenrollment procedures reenrollment procedures

Positive School Re-entry ModelsPositive School Re-entry Models

Center for Alternative Sentencing and Center for Alternative Sentencing and Employment Services (CASES)Employment Services (CASES)

JustChildren Advocacy in VirginiaJustChildren Advocacy in Virginia

Possible Litigation Strategies for Possible Litigation Strategies for Special Education Eligible YouthSpecial Education Eligible Youth

B.L. v. California Department of EducationB.L. v. California Department of Education

LegislationLegislation

Federal: The Second Chance Act of 2007Federal: The Second Chance Act of 2007

State Models: State Models:

Bazelon Center MaterialsBazelon Center Materials

Fair Chance Act and other 2006 CA LegislationFair Chance Act and other 2006 CA Legislation

Additional Resources on ReentryAdditional Resources on Reentry

Office of Juvenile Justice and Delinquency Office of Juvenile Justice and Delinquency Prevention Prevention

National Juvenile Justice NetworkNational Juvenile Justice Network

Re-Entry Policy Council of the Council of State Re-Entry Policy Council of the Council of State GovernmentsGovernments

The National Center on Education, Disability, The National Center on Education, Disability, and Juvenile Justiceand Juvenile Justice