STRATEGIC PLAN

INTRODUCTION

The State of Wyoming, The State Advisory Council on Juvenile Justice and the Department of Family Services envisions a safer state-wide community, where youth and adults alike, experience the benefits resulting from the reduced risk of harm caused to all, by juvenile delinquency.

MISSION STATEMENT

The State Advisory Council on Juvenile Justice is the statewide resource for the Governor, Legislature, and communities in the fields of juvenile justice, youth services, and delinquency prevention.

The State Advisory Council on Juvenile Justice assists in reviewing, recommending existing and new, applicable research and outcome based juvenile accountability programs and strategies ranging from prevention, intervention to long-term detention or treatment programs for youth. In addition we support and facilitate the allocation and use of JAIBG or other state/federal monies to communities to assist them in providing a full range of programs and services that prevent and reduce juvenile delinquency. We do this in partnership with families, schools, communities, law enforcement and other agencies. SACJJ is committed to collaborating with other organizations to create a Juvenile Information System that can collect, produce and analyze data so we might better evaluate existing strategies and services. We are committed to a balanced approach that increases public safety, provides both agency and offender accountability, and affords opportunities for youth to develop into responsible citizens.

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HISTORICAL PERSPECTIVE

The Juvenile Justice and Delinquency Prevention (JJDP Act of 1974), as amended, established four core requirements with which participating States and Territories must comply.

1. Deinstitutionalization of status offenders and non-offenders.
2. Separating adult and juvenile offenders in secure institutions.
3. Eliminating the practice of detaining or confining juveniles in adult jails and lockups.
4. Addressing the disproportionate confinement of minority juveniles in secure juvenile justice system facilities and jail and lockups where such overrepresentation exists.

In 1989, Governor Mike Sullivan and the Wyoming Legislature received the “Wyoming Youth Service Plan.” This represented the work of many public agencies, committees, private child care providers, elected officials and citizens to address the needs of Wyoming’s “at risk” youth. This plan served as a road map to guide Wyoming toward a uniform, coordinated children’s service delivery system.

The “Wyoming Youth Service Plan” served as a template for the reorganization of children’s services with a focus on serving children in their family and in their community. Essential components highlighted prevention, diversion, multidisciplinary approach, youth service specialist, information management and aftercare.

The 1991 Legislature of the State of Wyoming enacted legislation, which reorganized children services and created the Department of Family Services. This reorganization served to centralize services, including those within child protection, troubled youth and youthful offenders, and the operation of the juvenile institutions.

From the late 1980's until 1993, Wyoming made efforts to become more involved with the JJDP Act of 1974 as amended, which emphasized prevention, diversion and early intervention programs for both delinquent and dependent children. While Wyoming’s service providers, including the Department of Family Services, law enforcement, community level diversion projects and non-profit alternatives for youth created an array of intervention programs to fully meet the mandates of the JJDP Act, Wyoming also had a need for operational juvenile detention facilities. The strict standards associated with the JJDP Act of 1974, as amended, were viewed as operationally unrealistic for the rural characteristics of Wyoming and a decision was made to withdraw from participation in this Act. Barriers to meet these standards included geographic and economic factors, staffing resources, travel distance, transportation and inclement weather for extended periods.

Children service delivery on both a state and local level relied on federal, state and local funding resources. This delivery was impacted by the decision to withdraw from participation in the JJDP Act and a series of economic downturns associated with the mineral industries. Service programs and their delivery system has changed as funding levels have fluctuated.

The State Advisory Council on Juvenile Justice became effective July 1997 as a result of Legislative endorsement. Members are appointed by the Governor, with representation from each Judicial District. The Council is a policy recommending resource to the Governor and is charged with the coordination of juvenile justice planning and development. (see Appendix A)
The Council has been instrumental in promoting and partnership in development of community level services focusing on diversion programs and graduated sanction alternatives and statewide data gathering and analysis. These have utilized federal grant awards associated with the Juvenile Accountability Incentive Block Grant (JAIBG) and support for the Wyoming County Commissioners Association (WCCA) nonparticipation grant award program. Despite these efforts, a need for appropriate juvenile detention programming remains. This need has been somewhat mitigated by the private for profit Frontier Correctional Systems (FCS) detention programs operating in two locations within the State. Absence of local detention resources generally represents a void in Wyoming’s continuum of service for troubled and delinquent adolescents.

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CURRENT STATE ADVISORY COUNCIL ON JUVENILE JUSTICE

The SACJJ was formed under Wyoming Statute 14-10-101 to provide leadership and guidance on juvenile justice issues to Wyoming legislatures and the Governor.

CURRENT MEMBERSHIP

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It is the purpose of this Council to fulfill those mandates of Wyoming Statute 14-10-101 (f)(i-ix) for the State Advisory Council on Juvenile Justice 1997. The Council exists to provide information to the Governor and Legislature on issues regarding juvenile justice. (see Appendix A)

ROLES AND RESPONSIBILITIES OF THE COUNCIL AS THE STATE ADVISORY GROUP

Section 223(a)(3) of the Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974, as amended, authorizes the establishment of the State Advisory Groups (SAGs). The JJDP Act mandates that:

1. The Governor appoints all members of each SAG.
2. The SAG consists of 15-33 members.
3. One fifth of all SAG members must be under the age of 24 at appointment.
4. Three SAG members must be under the jurisdiction of the juvenile justice system, either presently or in the past.
5. A majority of members shall not be full-time government employees (including the SAG Chair).

The roles and responsibilities of SAG members include the following:

1. Participation in the development and review of the State’s comprehensive 3 year plan and plan updates.
2. Advising the Chief Executive and the Legislature on compliance with the Core Requirements of the JJDP Act.
3. Obtaining input from juveniles currently under the jurisdiction of the juvenile justice system.

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GRANTS MONITORED BY THE COUNCIL

Many larger communities were able to firmly implement a continuum of juvenile justice alternatives, however often counties or cities could not afford to maintain the costs of these services without grant support. The State Advisory Council agreed to serve as an oversight committee for JAIBG since 1999 and subsequently has distributed allocations to counties and local government.

SAG Allocation

The SACJJ requested and received its 5% set aside funds from the Formula Funding Program. The amount received for FY 1995- FY 1997 was $91,350.00 in the spring of 1998.

The Juvenile Accountability Incentive Block Grants Program

The Juvenile Accountability Incentive Block Grant (JAIBG) federal grants program was established in 1998, as a new block grant program designed to promote greater accountability in the juvenile justice system. On April 2, 1998 the SACJJ agreed to serve as the State oversight for Wyoming’s JAIBG allocation.

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Accountability is defined as the process in which juvenile offenders face individual consequences in direct relationship to their wrong doing and to assure they are aware of and answerable for the loss, damage or injury perpetrated upon their victims. In committing to accountability, local jurisdictions receiving JAIBG allocations were asked to form local juvenile justice boards and begin work on their local juvenile justice “crime reduction plans”. In addition through JAIBG we sought to increase the capacity to develop youth competence, to effectively track juveniles through the system and provide an array of other accountability based sanctions within communities across Wyoming. (see Appendix B)

Title V- Delinquency Prevention Grant

          The 1992 re-authorization amendments to the Federal Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974 created Title V, “Incentive Grants for Local Delinquency Prevention Program Act.” Based on a need identified by States to have dedicated funds devoted to prevention efforts, Title V of the JJDP Act was designed to provide just such a dedicated source of monies to award grants for delinquency prevention within local communities. The Community Prevention Grants program is founded on a research-based framework that focuses on reducing risks and enhancing protective factors to prevent youth from entering the juvenile justice system. It offers a funding incentive to encourage community leaders to engage in multi-disciplinary assessments of risks and resources specific to their communities and to develop comprehensive, collaborative plans to prevent delinquency.

          Wyoming’s award under Title V of the JJDP Act for FY 2000 and 2001 was $200,000. The Department of Family Services is the State agency designated by the Governor and approved by the Administrator of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) to administer Title V funds in the State. Units of local government must be in compliance with the four core requirements of the JJDP Act.

          Certification of compliance must be received from the Wyoming County Commissioners Association (WCCA). Seven communities were certified in compliance by the Wyoming County Commissioners Associations; Hot Springs, Johnson, Sheridan, Teton, Weston, Platte and Niobrara. Three communities applied for the Title V grant. Teton County, Hot Springs and Niobrara County each received grants in the amount $25,000.00.

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OTHER STATEWIDE INITIATIVES AND GROUPS WORKING WITH YOUTH

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Wyoming County Commissioners

In 1999 the Wyoming County Commissioner’s Association applied for and received FY 97, 98, 99 Formula Funding in the amount of approximately 1.3 million dollars. A total of 19 counties applied and received funding for county level graduation sanction programs in an effort to promote compliance with the JJDP Act of 1974 as amended.

The intent of the WCCA project was to assist those counties who wished to provide a continuum of services for youth in their communities, who also wanted to take substantial steps to become compliant with the JJDP Act through the use of a graduated sanctions model that included the implementation or maintenance of the following community based alternatives:

Community Service/Risk Placement Assessment-Tracking
Supervised Probation
Electronic Home Detention
48 Hour hold-over capability
Use of appropriate group home or juvenile detention facilities

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Enforcing Underage Drinking Laws

The Underage Drinking Program is working to end the problem of underage drinking in Wyoming. They partner with other state and local organizations, help communities, support law enforcement agencies, communicate with alcohol retailers, and talk with kids.

Wyoming Youth Development Collaborative

Over the course of 2001, SACJJ became aware of The Wyoming Youth Development Collaborative, which is a state supported initiative working on many of the same issues the SACJJ has been focused on for the past five years.

Thus, three entities in the state have been identified that are working on youth issues that were quite similar to the Council’s. To maximize efforts in the state, the Council will be focusing its efforts, as outlined in the following plan and priorities, on issues that are specific to the juvenile justice system and the children who are served within this system.

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Title 14 Review

The SACJJ currently has representation on the Title 14 Review Committee. The committee is working towards:

• Reorganizing the statutes and improving the court process
• Providing adequate legal representation for children
• Adequately funding the representation
       The type of representation – child vs. best interest
       The use of CASA volunteers
• Changing the representation model for Wyoming
       Allowing District Attorney and Department of Family Services to bring neglect
       and termination actions
• Revising the members and role of the Multidisciplinary Teams
       Adding Guardian ad litem and Department of Health as mandatory member
       Removing the county prosecutor as mandatory member
       Adding foster parent, relatives and child to the discretionary members
       Adding language to require the Education representative be a member
            of the child’s IEP team if the child receives special education
            services
       Clarifying the difference between the MDT and the CPT
• Establishing the option of Family Courts and funding pilot projects
• Revising CHINS
       Replacing it with “Families in Need of Services” (FINS)
       Increasing age back to 17 or below
• Increasing community or county level services and involvement
• Revising the jurisdiction of the Juvenile Court
       Possible use of screening tools to direct selection of the court
• Revising juvenile delinquency sanction levels
       Possibly use guidelines developed by an interagency collaboration instead
       Require PDRs to be completed and filed prior to disposition
• Promoting interagency efforts to identify effective alternatives and collaborate
• Clarifying the legal custody of a child prior to the shelter care hearing
       Authority to get medical care for the child
       Authority to transport the child
• Allowing telephonic warrants and notice
• Revising consent decrees to require GAL and DFS approval and limiting the length in neglect actions for implementing them
• Adopting the newly revised Uniform Parentage Act for Paternity Actions
• Revising the grounds for termination actions
• Central Registry revisions clarifying DFS authority

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State Incentive Grant

The Wyoming Department of Health, Substance Abuse Division and the Wyoming Department of Health announced the availability of four million dollars in the 21st Century SIG funds that will assist communities to reduce alcohol, tobacco and other drug abuse and promote academic success among youth people. The funds are a combination of State Incentive Grant Funds, 21st Century Community Learning Center Funds and Tobacco Prevention Funds. The grant period will be November 1, 2002 to October 31, 2005.

Court Reorganization Project

The Court Improvement Program (CIP) is a federally funded grant that supports family preservation, prevention, and services to families at risk. The grant is authorized by the Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66) and is available to all states. The grants have been made available to states in recognition of the overwhelming pressures on juvenile courts including rapidly escalating judicial caseloads, more difficult cases and the growing complexity of litigation itself. The purpose of CIP is to assess and improve the legal system involving abused and neglected children. In 1999, the Supreme Court of Wyoming applied for and was awarded CIP funds. The Wyoming Attorney General's Office administers the CIP.

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Drug Court

On February 19, 2002 Governor Jim Geringer announced that the State of Wyoming has awarded ten counties with funds totaling $1.35 million to support local drug courts. The money, which originated from the state's General Fund, was made available by the Legislature in a bill effective July 2001.

Drug courts are specialized courts responsible for providing supervision and treatment programs for drug-using offenders. The programs include frequent drug testing, judicial and probation supervision, individual, group and family counseling, drug abuse treatment, educational opportunities, employment requirements, and the use of sanctions and incentives. The judge has more involvement in supervising drug court offenders than just placing an individual in a probationary or diversionary program for drug treatment.

Ten courts were funded in the amount of $1,304,806, with an additional $45,194 split amongst the courts for computers for a total of $1.35 million. Courts receiving funding included Big Horn County, Campbell County, Fremont County, Laramie County, Lincoln County, Natrona County, Park County, Sheridan County, Tribal Court (in collaboration with Fremont County), and Uinta County. In all, four juvenile/family drug courts and six adult drug courts were funded.

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House Bill 59

The Department of Health, Division of Substance Abuse, gained support from the Wyoming Legislature to make sweeping changes to the organization of statewide substance abuse treatment and prevention.

The bill will strengthen the capacity and diversity of juvenile treatment programs. It allocated an additional nearly 25 million to help fund effective remedial services. Over new juvenile caseworkers located in DFS service districts were added. The purpose of direct line authority was to streamline juvenile justice decisions and increase accountability. Local accountability was enhanced by the creation of juvenile justice county councils and district boards. The volunteers who serve on the councils and boards are charged with assessing community needs and existing services and making recommendations for the improvement of the juvenile justice continuum in their area.

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ABOUT THIS PLAN

Strategic planning has been defined as "the process by which the guiding members of an organization envision its future and develop the necessary procedures and operations to achieve that future" (Goodstein, Nolan, and Pfeiffer, 1992).

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VALUES AND BELIEFS

The foundations of any organization’s culture are the values and beliefs consistently demonstrated by all individuals within the organization. These values and beliefs reflect the way in which an organization conducts itself in carrying out its mission. Since all behavior is rooted in one's system of values and beliefs, it is critical to define and reinforce the values and beliefs our State Advisory Council deems necessary for the long-term success of the council. To the extent that all of these characteristics are practiced, the Council will build and maintain a strongly positive culture, which will be reflected in the success of its programs and services.

The State Advisory Council has adopted as its core values:

1) Juvenile crime must be reduced. Juvenile crime affects not only the youth and the victims of crime, but impacts the community, businesses and economy. Youth must know that if they commit crimes they will be dealt with immediately and effectively. Immediate sanctions and treatments, administered in competent programs designed for the offender’s particular needs, reduce the likelihood that additional crimes will be committed. Safety for everyone. (Restorative justice.)

2) Crime prevention should be the primary focus. Prevention efforts are less expensive and have the goal of preventing crime before it begins. Youth diverted from a life of crime are more productive citizens, and communities and the state benefits from prevention. Supporting and promoting healthy families.

3) A continuum of services must be available to treat and redirect youth who engage in delinquent behavior. The goal is to divert youth who are beginning criminal activity early to prevent further and/or escalation of behavior. Promote healthy families in the State.

In principle the SACJJ agrees with The Juvenile Justice and Delinquency Prevention (JJDP) act of 1974, as amended, and the four core requirements with which participating States and Territories must comply. The Council understands that there is lot that needs to be done regarding the requirements of the Act and how they fit the needs of Wyoming youth.

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THE WYOMING JUVENILE JUSTICE SYSTEM - THE STATE OF THE STATE
IN 2002
SYSTEM INFORMATION

The juvenile justice system in the state is difficult to describe meaningfully, and data on youth who enter the system is scarce. (Appendix C) As will be seen later, the remedying the lack of data in the state, and defining aspects of the juvenile justice system will be high priorities for the council in its three-year plan.

Despite the lack of complete data, some sources of data are available that can be used to provide a rough picture of the need for juvenile justice services in the state, the cost of such services, and the youth who require such services.

Out of Home Placements- Department of Family Services Data

As can be seen in Figures 1 & 2, the costs to the State for out of home placements in group homes and residential treatment facilities increased significantly in 1999, however the total number of youth served has remained stable or decreased during that same time. The trends towards higher costs for placement and treatment are a national phenomenon and Wyoming is mirroring those trends. However, the high cost suggests that efforts to divert children early should continue to be explored.

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Figure 1:
Annual state costs for out of home placements in group homes and residential treatment facilities

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Figure 2:
Number of Children in Out of Home Placements Since 1996

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As can be seen in Figure 3, though the number of children placed in the state has remained relatively stable since 1996, types of placements have varied. There appears to be a trend toward fewer Crisis Center and Group Homes placements and a greater reliance on residential treatment and the Boys and Girls School. Differences in placement are important to note because of the differential costs involved. For example, in 2000 the cost per child of a group home placement was $5,980 while the cost per child for residential treatment was $18,796. Several factors could be related to changes in placements. First, attitudes of professionals in the state (e.g., prosecutors, judges, social workers) may be changing over time and placements may reflect differences in professionals’ attitudes rather than differences in the youth population. For example, as “get tough” attitudes become more prevalent there may be a greater tendency to use secure facilities for out of home placements. Conversely, changes in placements might reflect the changing needs of the youth population being served. Youth entering the system may be presenting more complex intractable problems and may be at greater risk to the community. Anecdotally, professionals who work with detained youth have reported two problems as being on the increase; substance abuse and unmet mental health problems. If true, this would suggest that greater costs and more expensive placements reflect the changing needs of the youth population. To date, we do not have the data available to answer this question. We recommend that data on detained youth be collected to determine if needs and risks are changing over time. Further, such information is important in assessing the usefulness of various placements for different populations of youth.

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Figure 3:
Percentage of children in out of home placements by type of placement

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Juveniles in County Jails- Wyoming County Commissioners Association (WCCA) Data

Data of youth detained in county jails was maintained for the WCCA non-participating state grant from OJJDP. All but three of the counties in the state participated in this data collection. In 2000, 1861 youth were entered into the database. Approximately 74% (n=1382) were male and 26% (n=479) were female. Of that number, valid information regarding legal status and length of stay was available for 1480 children. The average length of stay in 2000 was 10.8 days; with males spending more time in jail than females (Males=12.8 days; Females=5.8 days). Following is more information regarding this sample.

As can be seen in Figure 4, most of the detained children were in jail awaiting trial and most of the detained children were being detained in their county of residence.

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Figure 4:
Legal status and residence of detained youth

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The age of the detained children varied widely, with most of the children in the sample reported as being 16 and 17 years of age. It was disturbing, however, to find that 10 children under the age of 13 were held in county jails during 2000. Information regarding their offenses could not be obtained from the existing data-set (see below).

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Figure 5:
Age of children detained in county jails

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The WCCA data system has the potential to provide important information about detained youth who may not appear in other records (e.g., Department of Family Services). The majority of the detainees are awaiting trial and a disturbing number are quite young (i.e., under 15). One of the major problems with the current data is the lack of consistency with which law enforcement officials entered some data. For example, we do not have confidence that legal charges that led to detainment have been accurately and consistently recorded. Such information is important in our planning efforts.

To alleviate some these problems the WCCA and the SACJJ have joined together to award a contract to the Wyoming Statistical Analysis Center (WYSAC) to redesign the juvenile jail data using a web-based system. The new system will streamline data entry and require that law enforcement officials correctly enter data in specific fields (e.g., by providing drop down menus for certain categories).

Youth At- Risk- 2001 Prevention Needs Assessment Data

In the fall of 2001, every school in the state administered a student assessment designed to assess the risk and protective factors, substance use/abuse, and delinquent behavior of youth in the state. The 2001 Prevention Needs Assessment included 18,702 students in the 6th, 8th, 10th, and 12th grades and is the first step in a plan to biennially assess the health and well being of the children in Wyoming. Several items on the assessment relate directly to criminal activity and are discussed here.

First, most researchers agree that official records of delinquency significantly underestimate actual youth activity because most adolescent delinquent activity goes undetected. Thus, researchers have relied on reports of illegal activity from adolescents to obtain estimates of this “hidden delinquency.” Figure 6 shows the percentage of students who report having done something illegal during the past 12 months for which they were not caught. As can be seen, the percentage of students reporting such behavior increases with age with over 60% of the 12th grade males and 50% of the 12th grade females reporting some hidden delinquency. Additionally, as is true of national figures, more males than females report such behavior.

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Figure 6:
Percentage of students reporting that during the past 12 months they did something illegal but did not get caught

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To determine the seriousness of some of the delinquent behavior, we examined the percentage of students who reported having sold drugs during the past 12 months. As can be seen in Figure 7, the percentage of students who reported selling drugs increase with age, and as before, a higher percentage of males than females reported such activity. Unlike the previous graph, however, 10th and 12th graders were not significantly different from one another in drug selling behavior. A dramatic increase in this behavior is seen between 6th and 8th graders, and then between 8th and 10th graders. Also disturbing is that 11.7% (n=249) of the seniors in the state of Wyoming reported selling drugs during the past 12 months. Presumably, most had done so without being caught since all the participants in this sample were currently attending public school.

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Figure 7:
Percentage of students reporting having sold drugs during the past 12 months

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Next we examined the number of students who might have had a brush with the legal system during the past year by examining responses to two questions: 1) whether they had been arrested during the past year, and 2) whether they were currently on probation. As can be seen in Figures 8 & 9, the percentage of students reporting an arrest or being on probation increased with age, and as before differences between 10th and 12th graders were negligible. Males were more likely than females to report either an arrest or probation status. Approximately 8.8% of the 10th and 12th grades males report an arrest during the past year and approximately 6% of the males in both grades report being on probation.

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Figure 8:
Percentage of students reporting that they have been arrested during the past 12 months

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Figure 9:
Percentage of students reporting that they are currently on probation

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Data from the 2001 Prevention Needs Assessment mirrors national data and information from various research studies on delinquency. High school students engage in more delinquent behavior than students from earlier grades, and males outnumber females in reported delinquent activity. Though males outnumber females in reported delinquent activity, females may still constitute a large percentage of the at-risk population. For example, as can be seen in Figure 10, when students were asked if they have gone to a Youth Crisis Center, the percentage of females who reported going to a crisis center equaled, and in most cases outnumbered the percentage of males. Further, grade differences, noted earlier, were not found in response to this question. Thus, younger children and females should not be ignored in data collection and prevention/treatment efforts. Their appearance in the juvenile justice system may be somewhat different (at a crisis center instead of in the court) but attention to their needs and risks might prevent further law enforcement contact. Again, the state needs to collect more information on the risks and needs of children at earlier points of contact, and needs to assess potential gender differences in its planning efforts.

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Figure 10:
Percentage of students reporting that they have gone to a Youth Crisis Center 1 or more times*

*Includes only students who reported having a Crisis Center in their town.

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STRATEGIC ISSUES

The main focus of the State Advisory Council in 2001 was to begin development of this Wyoming Juvenile Justice Plan, which could assess the current system, address critical issues and set goals and make recommendations where appropriate. The State Advisory Council on Juvenile Justice oversees the Federal Juvenile Accountability Incentive Block Grant (JAIBG) and the Title IV Delinquency Prevention funds and continues to be a vehicle through which eligible counties and municipalities are eligible to receive those funds. As we review grants and disperse funds, this plan is essential to addressing the specific gaps in services that may exist in our current Juvenile Justice System.

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OBJECTIVES

Stated in this section are the strategic goals of the Council (i.e., statements of what our State Advisory Council wants to accomplish over the next three years). Each strategic objective has one or more Action Statements, which reflect specific steps that will be taken by the Council to meet our goals. Every effort has been made to keep these objectives Specific, Measurable, Achievable, Responsible and Time certain ("SMART").

Objective #1 - Increase the availability of a unified data collection system by which youth at risk can be tracked and risk and protective factors can be identified.

Our state must address the issue of a centralized form of data collection in order to substantiate any conclusions from prevention/intervention and detention/commitment efforts.

Data collection throughout the state has not been consistent (how or what kind of data is reported). This has contributed to an unclear picture. Data sources have been streamlined making data more consistent and available. Meeting the needs of who we are and what we need to do.

Actions Items:

1. Continue to support the WYSAC.
2. Continue to identify current sources of data and use consistent reporting tools.

Objective #2 - Promote and encourage science based programs that reduce the need for and costs of, out of home placement, detention and treatment costs through early intervention/prevention programs and strategies.

To accomplish this more effectively, our political structure; the SACJJ, The Department of Family Services, and The Wyoming County Commissioners Association, The Wyoming Sheriff’s Association, The Wyoming Sheriff’s & Chief’s Association and Wyoming’s Judicial System, Department of Corrections, must continue to work together to expand or consolidate the number of quality and effective graduated sanction programs. This model includes prevention, intervention strategies and programs as well as detention/treatment components, introduced at the appropriate levels.

At the same time, intervention programs must increase their effectiveness and quality must be demonstrated and evaluated. There will be a continuing need to increase the effectiveness of specialized services for females and minority youths over this plan period.

For those juveniles who continue to commit criminal acts, our state is committed to:

a) Increasing the availability of alternatives to secure detention;
b) Using secure detention when appropriate for serious juvenile offenders;
c) Providing an increased number of effective detention placement facilities,
commitment and after-care/community re-entry programs.

The operation of such a continuum of services fulfills the goal of upholding public safety, while focusing on prevention and rehabilitation. Addressing the SACJJ’s primary strategic issue of reducing crime and increasing accountability involves the continued development of partnerships at all decision-making levels of juvenile justice. Increasing public participation is also necessary to reduce rates of juvenile crime and delinquency and improve the State of Wyoming’s Juvenile Justice System.

Families, schools, churches and synagogues, businesses, civic organizations, the judiciary, law enforcement, state and local government, and volunteers who serve on the juvenile justice county or local councils or Joint Powers Boards are being asked to work together to reduce juvenile crime, increase public safety and improve the quality of life for our children.

Action Items:

1. Support statewide grant activity that funds delinquency prevention and intervention.
2. Apply for relevant OJJDP funding and use such funding to support community efforts to develop and provide science based interventions.
   a) Support the Wyoming County Commissioners Association (WCCA) and their efforts to
       bring communities into compliance with the OJJDP Act. This includes but is not limited
       to data sharing and providing financial resources to the efforts of the WCCA, recipients
       of the nonparticipating state OJJDP funds.
3. Identify gaps in services and make recommendations for additional services and interventions

Objective #3 - Assess the current juvenile justice system and make suggestions for improvement. Based on limited data, several areas in the current system need to be addressed. This will be an ongoing process as we receive more data.

Action Items:

1. Explore and support changes in the current State Statute 14-6-20, which requires that a juvenile appear before the court within (72) hours to be amended to (24) hours excluding weekends and holidays so Wyoming might qualify for the federal “Rural Exception” with regard to holding juveniles in adult facilities
2. Explore and support changes that would bring Wyoming into compliance with the four core requirements of the OJJDP Act.
3. Collaborate with the Title 14 committee.

Objective #4 - Collaborate and develop partnerships with other groups in the state who are focusing on youth issues. Through out this document we have indicated support of combing resources when possible to meet common goals.

Action Items:

1. Council representatives will attend meetings and support other committees and boards
   who have common interests and goals.

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HOW SACJJ USES THIS PLAN

The State Juvenile Justice Strategic Plan serves as the SACJJ vehicle for communicating with stakeholders about policy direction, what will be done to achieve our stated mission and how strategic goals will be met. In addition, the Action Plan provides guidance for the various entities now collaborating to achieve our states strategic goals.

For the State Advisory Council to achieve its mission, all of its supported issues and programs must address and substantiate documented needs and measurably demonstrate cost effectiveness.

The Strategic Issues identified in this planning document are designed to contribute in the most effective ways possible to the success of the State Advisory Council’s mission.

The Councils’ Strategic Issues are directly related to the Department of Family Services’ mission of "providing a full range of programs and services to prevent and reduce juvenile delinquency" and addresses a "balanced approach" as described in the mission statement. It also focuses on promoting partnerships with local governments and community organizations to reduce juvenile crime and delinquency.

Building accountability into the juvenile justice system has been identified as an internal priority that provides the foundation for addressing the identified Strategic Issues.

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BENEFITS TO WYOMING CITIZENS

The following aspects of the challenges facing the State of Wyoming make it essential to address the identified Strategic Issues:

1. The problems presented by youths are complex.
2. There is a need for a comprehensive view on how to provide services to them
3. Delinquent youths present multiple problems
4. The high cost of providing secure residential/detention/treatment programs for youths. Wyoming citizens cannot bear the cost of "building their way out of juvenile delinquency."

The SACJJ strategic issues can help:

1. Reduce the associated costs of juvenile crime.
2. Reduces the loss of human potential.
3. Reduces crime.
4. Increases the availability of quality prevention and intervention alternatives to
   detention programs.

It is imperative to the success of SACJJ’s mission that some youths not only be kept in secure residential facilities, but that they be provided with effective programming leading to behavioral and attitudinal changes along the full continuum.

Efficient and effective prevention strategies must be developed and implemented, thereby decreasing the likelihood of juveniles repeating, increasing or ever becoming involved in delinquent behaviors. As the council assists in incorporating outcome based evaluation, into its planning strategies, this plan will be used to link short-term operations to long-term goals.

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Analysis of the Wyoming Juvenile Justice System

Throughout the United States each state and territory has developed its own juvenile justice system beginning with the first juvenile code established by the Illinois legislature in 1899. As a result America has 51 separate juvenile justice systems in which juvenile offenders find themselves.

This is an analysis of how juvenile offenders are processed by the justice system in Wyoming, not an analysis of the Wyoming Juvenile Code or the District Juvenile Court. When looking at the Wyoming Juvenile Justice system it becomes apparent there are two systems of justice working side by side for delinquent children. One system in which the juvenile offender has access to the resources of the Wyoming Juvenile Code, under Title 14 of the State Statutes through the District Juvenile Court, and another system whereby juvenile offenders are cited directly into adult misdemeanor courts (Municipal, Justice of the Peace and Circuit Courts) known as courts of limited jurisdiction. These courts do not have access to all of the resources of the Wyoming Juvenile Code.

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Original Jurisdiction v. Concurrent Jurisdiction of Juvenile Delinquency Cases

In the majority of state juvenile justice systems, juvenile offenders are charged under one unified Juvenile Court or a Family Court system. It is in this type of juvenile court system in which all juvenile cases begin and is what is meant by having original jurisdiction of juvenile matters in the juvenile court. These courts, at a minimum, have jurisdiction over children, domestic relations, and guardianship.

In Wyoming there is not original jurisdiction of misdemeanor juvenile crime or delinquency in the District Juvenile Court but rather concurrent jurisdiction with the courts of limited jurisdiction (Municipal, Justice of the Peace and Circuit Courts). Concurrent jurisdiction allows misdemeanor offenses to be heard in either the District Juvenile Court or one of the courts of limited jurisdiction (Municipal, Justice of the Peace and Circuit Courts). A law enforcement officer who cites a juvenile offender directly into a court of limited jurisdiction (Municipal, Justice of the Peace and Circuit Courts) makes the determination of which court or jurisdiction a juvenile case is heard. In Wyoming, this is based on the offense itself and whether it is a misdemeanor or felony, where the crime occurred (e.g. within city limits) and whether the crime is a violation of municipal ordinance or state statute. In courts of limited jurisdiction there is very little distinction between juvenile and adult offenders.

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National Trends Concerning Felony Level Violent and Chronic Juvenile Offenders

The trend nationwide during the past decade has been to waive more violent felony level juvenile offenders into the adult system. In most states there are exceptions whereby violent and/or particularly heinous crimes are automatically eligible for prosecution as adult felony offenders at the discretion of the prosecutor. Older and more sophisticated delinquent youth may be waived from the juvenile court jurisdiction into the adult court after all attempts at changing the youths’ criminal behavior have failed. In Wyoming, state statutes allow juvenile felony offenders as young as fourteen to be charged directly as adult felony offenders for first time violent felony offenses; and under more restrictive circumstances, repeat juvenile felony property offenders can be charged as adult offenders at fourteen as well. These laws are not uncommon across the country and in the case of the violent and chronic felony juvenile offender the Wyoming laws are consistent with those of other states.

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Misdemeanor Juvenile Offenses in Wyoming

Nationally, Wyoming is an exception to most states when dealing with the juvenile who commits a misdemeanor offense. For example, Wyoming youths who commit crimes such as shoplifting, petit larceny, misdemeanor property destruction, or violation of the liquor laws are most commonly cited directly into the adult court jurisdictions of Municipal Courts, Justice of the Peace Courts, and Circuit Courts rather than the more appropriate District Juvenile Court. These courts of limited jurisdiction are designed to deal with adult offenders and provide specific penalties of jail sentences and fines by statute or ordinance. They do not have access to the resources contained in the Wyoming Juvenile Code, nor do they have any authority over the parent or guardians of the juvenile offender.

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Court Resources, and Effectiveness

To be effective in handling juvenile cases it is often necessary to conduct assessment and evaluations, and utilize resources such as supervision, counseling, placement options, and have the means and authority to order parents to be involved and contribute financially to their child's treatment. This means having adequate juvenile probation staffing to assist in obtaining information relevant to juvenile offenders and their families and making recommendations for additional services both prior to a court hearing and during the court process. All of these resources are deemed appropriate and are currently available under the Wyoming Juvenile Code, which is the standard for the treatment of children under Wyoming state statutes.

Courts of limited jurisdiction lack staff trained in juvenile issues, who can consistently conduct investigations and prepare reports regarding the juvenile’s background in order for the judge to make informed decisions and appropriate dispositions in a juvenile case; as well as supervise court ordered terms of probation. If the court of limited jurisdiction (Municipal, Justice of the Peace and Circuit Courts) is fortunate enough to have staff which can assist the court with assessment, recommendations and supervision, the court of limited jurisdiction may still find it still cannot act in the best interest of the child and the community because the court of limited jurisdiction lacks the authority to address the issues related to the child’s situation, or cannot access the resources of the Wyoming Juvenile Code. For example, a juvenile may need an evaluation or specific treatment that they are unable to pay for. These are not isolated juvenile cases in Wyoming, but are more the rule than the exception.

The majority of juvenile (age 17 and younger) misdemeanor offenders in Wyoming are processed through courts of limited jurisdictions (Municipal, Justice of the Peace and Circuit Courts) where they do not receive the age appropriate services and resources of the Wyoming Juvenile Code. Instead the juveniles receive criminal records, public hearings, and they are more likely to serve a sentence in a municipal or county adult jail. Ironically, by the laws that govern these courts of limited jurisdictions, juveniles are not eligible to be sentenced to state institutions designed to serve them such as the Wyoming Boys’ School and Wyoming Girls’ School. The courts of limited jurisdictions do not require any assessment or pre-sentence investigation reports be conducted on juvenile offenders. Juveniles cannot be placed in a Group Home or treatment program by the court of limited jurisdiction. The court of limited jurisdiction cannot require the parent or guardian(s) to be involved in counseling, or treatment, nor can they be required to contribute financially to counseling or treatment.

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Protections Granted Under the Juvenile Code for Felony Offenses

The process for juvenile misdemeanor offenders in the courts of limited jurisdiction contrasts sharply with the serious felony juvenile offenders who are charged in the District Juvenile Court under the Wyoming Juvenile Code. These juvenile felony offenders are handled through the Wyoming Juvenile Courts, as felony offenses and cannot be heard in courts of limited jurisdiction. Once in the Wyoming Juvenile Court the juvenile offender receives all the protections under the Wyoming Juvenile Code including: confidential hearings, no criminal conviction (rather adjudication of delinquency) and all the treatment resources available to the juvenile courts via parental and state financial resources. The juvenile court has the authority to place children in treatment programs outside of their homes and require the parents to participate in their child's treatment and contribute financially. None of these options are available to the courts of limited jurisdiction.

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Inequities in the Wyoming Juvenile Justice System

Comparison of authority and resources available for juvenile services and treatment of the courts of limited jurisdiction (Municipal Court, Justice of the Peace Court, Circuit Court, and Juvenile Court:

Ability to involve families, parents, and guardians:

A. Juvenile Court The Juvenile Court has the full authority to order family, parent and guardian involvement in areas related to the child’s legal difficulties.

B. Municipal Court The Municipal Court has no authority to compel parents and guardians to become involved in the treatment of their children who are appearing before the Municipal Court.

C. Circuit Court The Circuit Court does have the authority to involve parents in counseling, substance abuse, etc. and issues related to the minor in this adult court. Failure to comply could be addressed through contempt charges, which would require a trial, by the judge or jury, or the imposition of the suspended sentence, which would only affect the minor.

Ability to order Multi-Disciplinary Teams (MDT’s):

A. Juvenile Court This court under the Juvenile Code “shall,” order a Multi-Disciplinary Team be convened after every delinquency adjudication.

B. Municipal Court This court has no authority to order a Multi-Disciplinary Team be convened in the interest of the child.

C. Circuit Court This court has no authority to order a Multi-Disciplinary Team be convened in the interest of the child.

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Treatment resource authority and options:

A. Juvenile Court Resources for treatment of juvenile offenders principally lie with this court. This court can order and access assessments (psychiatric, substance abuse, mental health); evaluations; outpatient counseling/therapy; intensive outpatient (substance abuse, mental health, sex offenses, victim issues, anger management, etc.); residential placements to include both private and public providers, state juvenile institutions, and the state hospital. The court also has the authority to order the involvement of the parents and family, and to order the parents, guardian or custodian to pay all or part of the costs of the juvenile action including treatment expenses. The court can order the evaluation and treatment of parents.

B. Municipal court This court may place juvenile offenders on administrative probation. The court has no money available for treatment options for juveniles, though as a condition of probation or suspension of a sentence, WS 5-6-114, it does have the authority to order the minor to complete a juvenile service program with the Community Juvenile Services Act, WS 14-9-106 et seq. The juvenile services program allows for things such as assessments, evaluations, mental health and substance abuse treatment, and even placements. However, this requires a county or counties to enter agreements to create CJS boards and to receive funding. This act has not been funded and in fact is not a resource, though it is provided for in statute.

C. Circuit Court There is likely a difference of opinion on the judicial authority of this court to order assessments, counseling, in-patient treatment, etc. as well as the authority to order either the juvenile or his parents to pay for these things. Depending on the court’s interpretation some authority may derive from a common law body of law dealing with the “inherent power of the court” which concludes that parents have a responsibility to care for their children, consequently they may have to pay for some of these services. Failure to comply may result in contempt proceedings, or the imposition of the suspended sentence. There is not specific statutory authority to order these types of services. This court likely does not have the authority to send a juvenile to in-patient treatment. Also this court does not have any ability of its own to pay for these services. The Community Juvenile Services Act referenced above also applies to Circuit Courts, but again there is no funding for the community boards.

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Placement resource options:

A. Municipal Court The Municipal Court has no authority to order the placement of juveniles anywhere but to city or county jails or detention centers.

B. Circuit Court The Circuit Court has no authority to order the placement of juveniles anywhere but to county jails or detention centers.

C. District Juvenile Court The District Juvenile Court has full authority and ability to order the placements of juveniles. This includes group homes, foster homes, residential facilities, state hospital, state juvenile institutions, private psychiatric hospitals, and substance abuse facilities. This also includes the authority to order payment of these placements and require parents and guardian

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Other Inherent Issues Related to the Wyoming Juvenile Justice System

• Philosophy of juvenile court vs. criminal court
      It has long been recognized (over 100 years) that there are inherent differences between adult and juvenile offenders. This is why Juvenile Codes have been enacted in every state beginning with Illinois in 1899 and ending with Wyoming’s juvenile code in 1945. The Wyoming Juvenile Code differs from the penal code with its emphasis on rehabilitating the juvenile offender and his family, while holding him/her responsible and accountable and protecting the community. This is reflected in the broad discretion the Juvenile Court Judge has when making a disposition in a juvenile case. There are not corresponding sentences or dispositions to the various crimes, but rather each juvenile is viewed individually in the context of his/her whole situation.

     Criminal codes greatly reduce the discretion of the judge when sentencing offenders, and have penalties (fines and jail sentences) that correspond to the crime committed. Discretion lies with suspended sentences and length of sentence.

• Statewide policy
     The Wyoming Juvenile Code is the standard of treatment for juvenile offenders as passed by the Wyoming Legislature. The Department of Family Services promotes “Restorative Justice” concepts of a balanced approach to juvenile delinquency, which includes accountability, community safety, and competency development in the Juvenile Court. This policy and these concepts do not come into play in the handling of juvenile cases in courts of limited jurisdiction, yet this is where the majority of juvenile offenders enter the system. In order to be an effective statewide policy, the policy must be implemented consistently across the state and in all jurisdictions that handle juvenile cases.

     Juvenile Drug Courts are being promoted under recently passed legislation of House Bill 59. How will Juvenile Drug Courts be implemented if the vast majority of juvenile alcohol and substance abuse cases are handled in the courts of limited jurisdiction (Municipal, Justice of the Peace and Circuit Courts)?

• Equal protection
     The Wyoming juvenile justice system is fraught with inconsistency in the treatment of juvenile offenders. The system is ambiguous in the treatment of like offenders, and often times the geographic location of the delinquency determines the level of services received. This pertains to the variety in the level of services available to courts of limited jurisdiction in different locations in the state. It also pertains to which jurisdiction (Municipal Court, Justice of the Peace Court, or Circuit Court) a juvenile is cited. There is gross inequity in the handling of juvenile cases when the more serious offenders (felony) receive the protections of the Wyoming Juvenile Code (confidential hearings, no criminal record) while the less serious offenders, misdemeanors in courts of limited jurisdiction do not receive these same protections. A small percentage of juvenile felony offenders are filed on in District Court. There is an inequity when one juvenile offender is serving a lengthy sentence in an adult jail or detention center, while another is serving an indeterminate time at a state institution designed for juveniles (Wyoming Girls’ School and Wyoming Boys’ School) with educational programming, counseling, etc. for the same offense.

• Impacts of this system
     The Wyoming Juvenile Justice system should not limit services, protections and treatment for the more serious, disturbed, or violent juvenile offenders; but rather once they are assessed, minor offenders may be in as great of need of these services, and should at least have equal access to them through the Wyoming Juvenile Code. Just because the presenting offense is less severe in nature does not necessarily mean the individual child does not require Juvenile Court services. Because a youth is arrested for shoplifting does not preclude that he/she has a substance abuse problem or is in a dysfunctional family. Committing a misdemeanor instead of a felony crime should not mean you are more likely to get an adult criminal record and are less likely to have access to a plethora of juvenile services under the Wyoming Juvenile Code. Numerous opportunities to intervene with the juvenile offenders and their family at the earliest stages of alcohol/controlled substance use and other delinquent behaviors, when they are often younger and more amenable to changing behaviors are missed in our present system. This inefficient system invariably costs the State dollars in the long run in terms of out of home placement costs, and victimization of citizens.

     Wyoming has a higher than average rate of out of home placement of children. This has been a fiscal issue for the past twenty years. Numerous studies (seven or more) beginning in 1981 have been commissioned to address this issue along with other juvenile justice issues. At least half of these studies have recommended a unified juvenile court system of original jurisdiction.

• Meeting the Demand of a Unified Juvenile Court
     A unified juvenile or family court system does not require that each juvenile offender appear in court, but rather that they be assessed and have equal access to the District Juvenile Court and its resources in a seamless system. Pre-court diversion and deferred prosecution programs, which hold children accountable and responsible and involve their parents, should be an integral part of any juvenile justice system. This type of programming can limit the number of juveniles appearing in the Juvenile Court while at the same time insuring they all have access to the Juvenile Court and resources based on the best interest of the child and in balance with his/her community.

• Course of Action
     The Council recognizes that the present system creates a process that is flawed with inequities and inefficiencies. Reform is especially important to consider as we expend a growing amount of our resources for out of home juvenile placements and adult corrections. As a short-term goal the Council will conduct a detailed study that considers alternatives to this system.

The Council will make recommendations for court reforms and will issue a policy report outlining our findings. The Council will use all resources available including the current Title 14 Review Committee.

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