Two years ago, Harris County embarked on a mission to revamp its juvenile detention policies and procedures. The County did this with the help of the Annie E. Casey Foundation and the Juvenile Detention Alternatives Initiative (“JDAI”).1 For 15 years, JDAI has demonstrated that jurisdictions can safely reduce reliance on secure detention while at the same time reduce juvenile crime and keep communities safe.

Juvenile detention in Harris County is for those youth who have been charged with a crime, but have not yet been to trial or otherwise had their cases disposed of. JDAI’s primary focus is on this pre-adjudication process, although JDAI also addresses the post-adjudication process to a limited extent.

History of JDAI
The Annie E. Casey Foundation began JDAI in 1992 with a mission to revamp juvenile detention centers across the nation.2 The goal of JDAI is to:

• decrease the number of youth unnecessarily or inappropriately detained;
  
• reduce the number of youth who fail to appear in court or re-offend pending adjudication;
  
• redirect public funds toward effective juvenile justice processes and public safety strategies;
  
• reduce disproportionate minority confinement and contact of the juvenile justice system; and
  
• improve the juvenile justice system overall.3

Inspired by a successful project in Broward County, Florida, the JDAI project began at five model sites, located in Cook County, Illinois; Sacramento County, California; Multonomah County, Oregon; Milwaukee County, Wisconsin; and New York City, New York.4 Because of the difficulty in implementing the fundamental, system-wide changes, the sites in Milwaukee County and in New York City failed.5 In Cook, Sacramento, and Multonomah Counties, the programs were successfully implemented.6 JDAI has added model sites in Bernalillo County, New Mexico; Santa Cruz County, California; and New Jersey. JDAI is now being replicated in over 100 jurisdictions across the United States.7

JDAI sites work to change policies, practices, and programs to ensure that only those youth who are the greatest risk to public safety are held in secure detention. The initiative is focused on the belief that even under the best of conditions, secure detention comes with inherent dangers and should be used for two reasons only: (1) protecting public safety and (2) ensuring that youth who pose a flight risk will appear in court.8 The JDAI effort is founded on eight interrelated core strategies to accomplish the core objectives:

1. collaboration;
2. use of accurate data;
3. objective admissions criteria;
4. non-secure alternatives to detention;
5. expedited case processing;
6. strategies for special detention cases;
7. reduce racial disparities; and
8. improve conditions of confinement.9

JDAI in Harris County
In Harris County, community leaders, stakeholders, and volunteers are involved in this ongoing process to reform juvenile justice with a focus on community-based alternatives to detention. The Executive Steering Committee, chaired by County Judge Ed Emmett and co-chaired by Commissioner Sylvia R. Garcia, oversees the initiative. Task Forces, comprised of agency and community partners, represent each of the eight core strategies.

Harris County JDAI has six task forces:

1. Risk Assessment Instrument. The purpose is to develop an objective Risk Assessment Instrument (“RAI”) for intake personnel to decide whether to detain or release a referred juvenile.

2. Self-Inspection. The purpose is to examine all aspects of Harris County Juvenile Probation Department (“HCJPD”) policies, practices, and programs to prepare a comprehensive report on findings and monitor implementation of corrective action plans.

3. Alternatives to Secure Detention. The purpose is to develop a continuum of services for release of medium risk cases, expedite the release of medium risk cases, conduct a utilization study of current alternatives, evaluate current programs for efficacy and racial and gender disparities, and identify appropriate programs/services for alternatives to secure detention.

4. Case Processing. The purpose is to expedite the flow of cases through the juvenile justice system, reduce lengths of stay in custody, expand the availability of non-secure program slots, and ensure that interventions with youth are timely and appropriate.

5. Disproportionate Minority Confinement. The purpose is to develop special strategies aimed at eliminating bias and ensuring a
level playing field for youths of color.

6. Special Detention Cases. The purpose is to evaluate and develop new practices for youth in custody as a result of probation violations, writs and warrants, and those youth awaiting placement.

Harris County JDAI Accomplishments
Since beginning the JDAI program in 2007, Harris County has begun to see changes and improvements in the juvenile detention program. Implementation takes time, however. The changes discussed here are only the start of a time-intensive process.

Risk Assessment Instrument
In January 2009, HCJPD began using a Risk Assessment Instrument on all youth brought to the detention center. The RAI Task Force, chaired by Tim Broussard, Intake Administrator, and Susan Bonich, Field Services Administrator, was the first task force created. Members began their work in 2008 to develop the RAI. Since the RAI was implemented, over 1,000 RAIs have been administered, giving HCJPD intake staff a more objective method to determine whether to release or detain a youth.

Mental Health Docket
Nearly half of the youths held in the Harris County Juvenile Detention Center suffer from mental health problems. Judge John Phillips of the 314th District Court and the Harris County Commissioners Court created a pilot program to address the needs of these special-circumstance juveniles. Juveniles with mental health issues are now assigned to Judge Phillips’s Mental Health Docket, where the focus is on rehabilitation over punishment.

If chosen to participate, the parent and the child must meet with Judge Phillips and a mental health team to discuss the youth’s progress—or lack thereof—during regularly scheduled review hearings. Mental health juvenile court hearings are held around a conference table, with a judge, prosecutor, probation officer, psychologist, counselors, and the child and his or her family working together to find solutions.

Deferred Prosecution Program
With a new Deferred Prosecution Program launched by Harris County District Attorney Pat Lykos, certain first-time offenders have a second chance to straighten out their lives. First time juvenile offenders who commit a non-violent misdemeanor offense are diverted into HCJPD’s community supervision program. In the past, youth offenders charged with Class A or B misdemeanor offenses (shoplifting, trespassing, and the like) had a petition filed and had to appear in court. This process was expensive to families and taxpayers. As a result of the deferred prosecution program, it is estimated 4,000 fewer petitions will be filed in 2009. These youth will be handled in a more efficient and cost-effective way. After an initial screening by the District Attorney’s office, HCJPD will contact the family. The youth and his or her family will enter into a contract with the county and be provided services by HCJPD. If the youth successfully completes the program, no criminal charges will be filed and they will have no criminal record.

Other Changes
More recently, the Harris County juvenile court judges issued a new policy requiring court-appointed attorneys to visit their client within 48 hours or risk being removed from the case. Naturally, this policy change is not one that all court-appointed attorneys needed to be spurred into action, but this change should increase the responsiveness of attorneys who need the incentive.

JDAI is still looking for volunteers to assist with the Task Forces who are just beginning their work. For more information, you are welcome to contact Nancy Baird, Harris County JDAI Site Coordinator, at nbaird@sbcglobal.net. For more information on the JDAI program in general, visit www.jdaihelpdesk.org.

Keri D. Brown is an associate in the Private Clients Section at Baker Botts L.L.P. and a member of The Houston Lawyer Editorial Board. She is also a member of the Harris County JDAI Self-Inspection Task Force.
Nancy H. Baird, M.Ed., is the Harris County JDAI Site Coordinator.

Endnotes
1. Much of the Harris County-specific information is adapted from the June 2009 Harris County JDAI newsletter, written by co-author Nancy Baird. 2. JDAI Help Desk, About JDAI, http://www.jdaihelpdesk.org/overview/aboutjdai/Pages/
default.aspx (Oct. 4, 2009). 3. Id. 4. Rochelle Stanfield, The JDAI Story 8, http://www.aecf.org/upload/publicationfiles/
jdai%20story.pdf (Oct. 4, 2009). 5. Id. 6. Id. 7. JDAI Help Desk, http://www.jdaihelpdesk.org (Oct. 4, 2009). 8. Note, however, that using either of these reasons to justify secure detention can, in certain situations, lead to misuse. 9. JDAI Help Desk, JDAI Core Strategies, http://www.jdaihelpdesk.org/Pages/CoreStrategies.aspx (Oct. 4, 2009).