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HomeMy WebLinkAboutAgenda - 04-05-2016-13-6 - Information Item - Letter Regarding Youth Misdemeanor Diversion Program INFORMATION ITEM o.. ,�W twri�%/vG it rifAiU 1111111101M mmm 100 A 1111111 lu mu mum 11111111111111111111111 � mII 0 1001 I CRIMINAL JUSTICE RESOURCE OFFICE C aitlirn II crnllna cln Ilannioln0:91" 218 2303 C IriInirnal /ru:at re I00ao uric 1 rna cr ax 919 610 1/29 Oral n c Coalnly Co ulrrtho a ac 106 If:art 1 1rgareL II..alnc 1111alaorougN NC 2/2/8 March 29, 2016 Dear Commissioners, I wanted to write to let you know about an exciting new Orange County youth diversionary program that will be administered by the Criminal Justice Resource Office. With the support and approval of Judicial District 15B Superior Court Judges, the Chief District Court Judge, the District Attorney's Office, the Public Defender's Office, the Orange County Clerk of Court, the Orange County Sheriff's Office and the Chiefs of Police for Chapel Hill, Carrboro, Hillsborough and Mebane, a new Misdemeanor Diversion Program (MDP) for 16 and 17 year olds,who have no adult criminal record,will be implemented on April 15, 2016. Orange County criminal justice system stakeholders have been planning the implementation of a Misdemeanor Diversion Program for 16 and 17 year old first offenders, similar to the innovative pilot program created by Judge Marcia Morey in Durham, since late in 2014 when Public Defender James E. Williams,Jr., convened a planning committee. I was a member of that original planning committee which drafted a concept paper and MDP proposal for the Judicial District Executive Committee (JDEC). There was great interest and support by the judicial leaders in Orange County in looking at options for keeping these young individuals, who are considered adults under North Carolina law, away from the criminal justice system. In November 2015, following the creation of my position and the Criminal Justice Resource Office, court and law enforcement stakeholders joined together in one MDP planning committee. Our committee met many times to address concerns and to iron out program details and logistics in order to finalize a Proposal that was adopted by JDEC this month. I am pleased to serve as the MDP Coordinator and our office will work diligently to ensure that this important program is successful in entirely diverting eligible 16 and 17 year olds from the adult criminal justice system. I will be working with planning committee members over the next few weeks to provide information to the community and to draft a press release for Orange County to distribute about the launch of our MDP program. In addition, we hope to have an op-ed signed by the MDP court stakeholders that will run in the local media. However, I wanted you to be informed first and I am always available to you to answer any questions or concerns you may have about the Orange County MDP and its operation. I have also attached a detailed description of our program for your consideration. An Equal Opportunity/Affirmative Action Employer www.orangecountvnc.gov 2 The overwhelming support for MDP by all justice system stakeholders has been inspiring. I feel privileged to include the Misdemeanor Diversion Program in the jail alternatives work underway in the Criminal Justice Resource Office and I look forward to sharing more information about its operation as we move forward. Our first official court session is scheduled for Wednesday,June 15t at 4:00 pm in Hillsborough and everyone is welcome to attend. Sincerely, Caitlin Fenhagen 3 o.. ,�W twrird/vG it rifAiU mumlmm mmm 0 o 00mu 10000000000 000000000 000000000 111 lu "11111111000 1111111111111111111111 11111111111�v .. mIII I mu l a f OF 000 0 I 010 11100 000 000 10011 111 11011 ..00, CRIMINAL JUSTICE RESOURCE OFFICE c,uti m Fenha g nn Phone: 919 >y.y »Cty C`a"nlig ua l JI ant ce Reho G cc Ma na gei Fax 919 WO I 0 Change County C`autna"tVaOW, I(4) °',ht. Mai"gaua" t 1[,auun Id inhoi ough NC /8 Orange County Misdemeanor Diversion Program Summary of Program: With the support and approval of Judicial District 15B Resident Superior Court Judges, the Chief District Court Judge, the District Attorney's Office,the Public Defender's Office,the Orange County Clerk of Court, the Orange County Criminal Justice Resource Office, the Sheriff of Orange County, and the Chiefs of Police for Chapel Hill, Carrboro, Hillsborough, Mebane and UNC, a new Misdemeanor Diversion Program (MDP) for 16 and 17 year olds,who have no adult criminal record,will be implemented on April 15, 2016. North Carolina is one of only two states that prosecute all 16 and 17 year olds charged with criminal offenses in the adult system. Even when charges are dismissed, if the arrest and court records are not expunged,the incident and youth's record of arrest follows him or her into adulthood creating significant impediments to employment and education.The direct and indirect(or collateral) consequences of an arrest in the adult legal system can also impact public benefits, housing, licenses and legal residency status. The purpose of the MDP is to divert first time arrests or citations for eligible misdemeanor charges. Rather than issuing a citation or making an arrest where probable cause exists, law enforcement officers in Orange County will instead issue a youth citation that will initiate the diversionary process by directing the youth to contact the MDP Coordinator.The officer will simultaneously complete an Incident Report and an MDP Referral Form to forward to their MDP Law Enforcement Liaison. After the Liaison confirms that that the youth is eligible for MDP, the Liaison will then submit the information to the MDP Coordinator who will meet with the youth and prepare a diversion plan and require the attendance of a mandatory court session. Diversion plans will include programming tailored for the individual youth, such as community service hours, mental health and substance treatment, leadership classes, and restorative justice opportunities. After a period of no more than 90 days, the MDP Coordinator will determine if there has been successful compliance with the diversion plan terms. If there is compliance, no charges will be filed. If there has not been compliance,the MDP Coordinator will notify the Law Enforcement Liaison so that the filing of formal charges can be considered. It is important to note that this program should not be used UNLESS the law enforcement officer would otherwise initiate a formal criminal process against a 16 or 17 year old. An Equal Opportunity/Affirmative Action Employer www.orangecountync.gov 4 Eligibility • 16 or 17 years old at time of offense • No adult criminal record (can have a juvenile record) • Must be a misdemeanor offense. However, sex offenses, firearms offenses and traffic offenses are specifically excluded • Final discretion on MDP referral remains with law enforcement officers and the District Attorney's Office' • Restitution, if required, must be resolved outside the MDP process2 Referral Process • Officer determines there is probable cause to arrest or issue a citation for a criminal charge and that an arrest or citation would otherwise occur • Officer gives youth an MDP Postcard and explains MDP and the requirement to contact the MDP Coordinator within 72 hours • Officer completes an MDP Referral Form and Incident Report (IR) and submits it to their MDP Law Enforcement Liaison within 48 working hours • Liaison confirms eligibility, reviews and supplements Referral Form as needed and submits IR and MDP Referral Form to MDP Coordinator within 48 working hours MDP Intake Process • MDP Coordinator receives Referral Forms and IR • MDP Coordinator sets up appointment with youth and parent or guardian within 10 days • At meeting,the intake interview is completed, the Release to Opt-in is signed, the Diversion Plan is entered and the mandatory court date is assigned • The Diversion Plan will include 8-10 (max is 15) hours of community service, classes or other treatment or diversionary programming based on the individual needs of the youth • The Diversion Plan must be completed within 90 days of being entered • No admission of guilt is requested or required ' If a victim objects to the youth being referred to MDP,the officer will advise the Law Enforcement Liaison of this on the Incident Report.The Liaison will then contact the victim and if there is still an objection,the victim will be referred to the District Attorney's office for the final determination of eligibility. 2 Restitution will not be collected in MDP.If a victim is requesting restitution,that information will be noted on the Incident Report and the Law Enforcement Liaison and MDP Coordinator can speak to the victim about civil remedies and the benefits of MDP.In addition,attorney Kellie Mannette has offered to assist MDP-eligible youth pro bono in restitution settlement issues to increase opportunities for eligibility.If the restitution issue cannot be resolved quickly,the DA's Office will make the final decision regarding the youth's eligibility for MDP. 5 Mandatory MDP Court Session • Every MDP participant will be referred to one Diversion Court session, with an assigned Judge, Assistant District Attorney and Assistant Public Defender educating them about the consequences of criminal activity • The Diversion Court session will include a role play of an actual adult criminal misdemeanor case • The Diversion Court session will be held on the first Wednesday of the month, at 4:00 pm, alternating monthly between the Chapel Hill and Hillsborough courthouses • First Court date will be Wednesday,June 1st in Hillsborough at 4:00 pm • Direct and collateral consequences of adult criminal involvement will be reviewed • Law enforcement officers are invited to each session to talk directly with the youth participants MDP Youth Programming • All MDP programs and diversion requirements are provided to MDP participants free of charge • The MDP Youth Program Administrator will recruit and maintain a list of agencies and entities providing appropriate youth classes or programs for MDP participants • A memorandum of understanding between MDP and the Youth Program will be entered upon acceptance of a programming proposal • Programming options will include, but are not limited to, community service, substance abuse treatment or classes, mental health treatment, leadership and skills building classes, teen court and restorative justice processes • Community resources information will be provided to every MDP participant and their parent or guardian. Assessments can be conducted and services outside the MDP Diversion Plan can be recommended by the Criminal Case Assessment Specialist for the Criminal Justice Resource Office or any other stakeholder of the MDP MDP Compliance • MDP Diversion Plan compliance will be monitored by the MDP Coordinator • Plan requirements and court attendance must be completed by the youth within 90 days • Upon confirmation of compliance, the MDP Coordinator will release the youth from MDP and notify the MDP Law Enforcement Liaison • In the case of non-compliance or new charges for the youth, the Law Enforcement Liaison will be notified so that the filing of formal charges can be considered • Records of MDP Participants and compliance will be maintained by the Criminal Justice Resource Office and quarterly updates will be provided to the Advisory Committee and Judicial stakeholders 6 MDP Administration, Court Stakeholders and Advisory Committee MDP Coordinator: Caitlin Fenhagen, Criminal Justice Resource Manager for Orange County Law Enforcement Liaisons: Michelle Guarino, CHPD, Carrboro PD and UNC Campus Police Amy Efland, OCSO, Hillsborough PD, Mebane PD and Highway Patrol Youth Programs Administrator: Kate Giduz from Volunteers for Youth Judge: Honorable Jay Bryan ADA:Jeff Nieman APD: Dana Graves MDP Planning Committee: ADA Jeff Nieman, APD Dana Graves, Orange County Sheriff Charles Blackwood, Chief Deputy Jamison Sykes (OCSO), Amy Efland(OCSO), Merrily Cheek (OCSO), Barry Walker(OCSO), Michelle Guarino (CHPD), Lt. Robert Whitted(HPD), Sgt. G. Mayfield(CPD), Kate Giduz, Kellie Mannette, and Caitlin Fenhagen Permanent Advisory Committee: MDP Administrators, MDP court stakeholders, Planning committee members, Parent representative, Southern Orange community representative, Northern Orange community representative