COMMISSION ON RACIAL AND ETHNIC FAIRNESS
IN THE
CRIMINAL AND JUVENILE JUSTICE SYSTEM
MAY MEETING MINUTES

Law & Justice Center
Salt Lake City, Utah
Wednesday, May 22, 2002
11:30am - 1:00pm  

MEMBERS PRESENT:
Dan Maldonado, Chair
Daniel Becker
Brent Johnson
Paul Boyden
Ed McConkie
Susan Burke
Haruko Moriyasu
Gus Chin (for John Adams)
Dr. Joan Smith
Cmsr Bob Flowers
Dave Gomez (for Mike Chabries)
Dr. Deidre Tyler
Sid Groll
Keith Hamilton
Judge Bill Thorne
Carolina Webber
Justice Zimmerman
CMSN STAFF:
Sandra Kinoshita
Jah-Juin Ho, Intern
MEMBERS EXCUSED:
Chief Kal Farr
John Hill
Leticia Medina
Judge Tyrone Medley
John T Nielsen
Sheriff Brad Slater
Anthony Smith
Joe Tafua
Rep. Lamont Tyler
GUESTS:
Blake Chard (Youth Corrections)
Lt. Mark Nosack (DMC)
Russ Van Vleet (Research)
Dr. Jeff Wells (Youth Corrections)

1. WELCOME, REVIEW OF MINUTES FROM LAST MEETING, & AGENDA REVIEW: (Dan Maldonado)

Lunch was served. Dan Maldonado called the meeting to order. The minutes from Meeting #7 were approved without further amendment.

2. PRESENTATION ON THE DIVISION OF YOUTH CORRECTIONS (DYC) IMPLEMENTATION EFFORTS:

Dan Maldonado (Commission member, Deputy Director of DYC), Blake Chard (Director of DYC), and Dr. Jeff Wells (Research unit of DYC) gave a PowerPoint Presentation describing DYC and its Task Force implementation process. Please refer to the hard copy in your meeting materials.

Noted from the PowerPoint presentation:

  • •Following the Task Force's final report, Blake Chard commissioned an internal study specific to DYC
  • •DYC = custody agency for the juvenile justice system
  • Community programs
  • Receiving Centers
  • Reporting Centers
  • Multiuse facilities

  • rural areas have combination facilities (including shelters) for efficiency and economic purposes
  • Detention Centers
  • equivalent to jail in adult system
  • ~13,000 admissions/year
  • Observation & Assessment
  • Secure facilities

  • •Contracts with private providers all throughout Utah, care for ~500-600 youths at all times (non-secure, Community Programs)

  • •Demographic breakdowns
  • Disproportionate minority confinement occurs for African Americans, Hispanic, and Native American populations. Dan Maldonado stated that the statistics can be volatile because of the low numbers of people of color to begin with. He said that the confinement of two or three individuals within a very small population (ie. African American) can yield a potentially misleading statistic.
  • The comparisons of youth of color in school and youth of color in DYC facilities only accounts for the youth actually in school. It does not account for youth who have dropped out of school, are home-schooled, etc. To counteract this effect, the researchers compared a younger grade (in this case, 10th grade) with the intention of catching more individuals prior to leaving school.
  • DYC takes pride in their workforce composition and the representation of women and people of color.
  • •Family therapy through Youth Corrections has been increased. 69,000 hours of family therapy were conducted last year, averaging 46 hours per family (not all families receive therapy).
  • •Cultural Competency Training is now mandatory for all DYC employees and attendance will be monitored for performance evaluations.
    • collaborated with the Juvenile Courts to employ similar training (UMACCC)
    • one day, 8-hour session. Follow up is still to be developed.
    • trainings have been occurring for two months and will continue until all employees have attended.
  • •Contracts with treatment programs are asked to address racial and ethnic fairness.
  • •Personnel had been asked to conduct annual reviews and exit interviews, specifically asking about racial and ethnic fairness issues. This has begun, but is not finished.
  • •Socio-economic status data collection is pending. One intention of the new CARE data system is to catch this information. CARE is vaguely estimated to be in use by the end of the year.
  • •Research recommendations
  • "What interventions work?"

Hired a consultant to measure progress. Pending, but in progress.

  • Socio-Economic Status

Addressed with CARE system.

  • Qualitative Study

DYC Youth Satisfaction Survey (handout). Constraints include:

defining "successful exit" from system

delineating ethnic status from responses

  • •Notes from inquiries:
  • DYC has a Parole Authority body of ten members. Three to four members (currently four) are of ethnic background.
  • Trying to find more contractors of color (RFP's this fall) to address contract providers recruitment of a diverse workforce
  • Admission numbers could be double-counted, likely only in the detention numbers. For instance, a juvenile could be counted in O&A and then in detention if sent there. Duplicates also can be counted if sent to detention more than once during a year.)
  • Out of state placements are included in the Community Programs.
  • How is the family treated (holistic/family model): outplacement/transition back home programs and services. They are also inculcating a Restorative Justice model.
  • Task Force research revealed biased interactions by DYC staff. This is addressed by increasing the workforce diversity (thereby expanding the range of experiences of the personnel), having mandatory cultural competency training, and mentor/ guest speaker engagements.
  • Ken Auld was hired to do a thorough report of the DYC's status and recommend strategies to increase racial and ethnic fairness in the agency. Constraint: most recommendations require unavailable resources. Dan Maldonado will give copies of the report to Commission members (assisted by Sandra Kinoshita if needed).

3. JUVENILE DISPROPORTIONATE MINORITY CONFINEMENT COMMITTEE (DMC) REPORT (Lt. Mark Nosack)

The DMC convened in 1994 and continues as part of the Utah Board of Juvenile Justice and also serves as an Advisory Committee to the Commission. Highlights of accomplishments include the development, dissemination, Training of Trainers, and actual Cultural Competency Trainings of the Utah Multi Agency Cultural Competency Curriculum. The UMACCC has been used throughout the legal system, and DMC members train, adapt curriculums for other agencies (ie. POST, Utah Chiefs of Police Association, etc). DMC also focuses on data collection (with particular efforts towards the Racial Profiling bill this year), the Juvenile Courts' early assessment tool, developing a follow up curriculum to the foundation the UMACCC provides, improving interpreter availability, and research on DMC.

4. RESEARCH UPDATE (Russ Van Vleet)

  • •Racial Profiling Bill: The Research Consortium at the UofU has raised the issue that the data collected as defined by HB101 may not provide sufficient data to study the issues warranted. The group is pleased with the collaboration and contribution of the law enforcement agencies, and they want to assist law enforcement agencies to better collect data. The Consortium would like to report their progress to the Commission at a later date. They would also like to examine the constraints experienced by New Jersey, and bring this information to the Commission. Issues raised: what to do with data after it is collected; comparisons in a "neutral" zone (ie. disproportionate stops on highways?).
  • •Sentencing Guidelines Study: Thank you to the Courts for their assistance with the data collection for the studies. Aggravating and Mitigating circumstances study has been difficult. It will be reported on in the future.

5. BAR ASSOCIATION'S DEPORTATION SUBCOMMITTEE UPDATE

  • •Postponed to later meeting

6. NEXT MEETING DETAILS

  • No meeting in June 2002!
  • All members have been asked to identify July dates when they will be available for the Commission Retreat, which was discussed at the April meeting. Members not present or who did not turn in their dates, will be emailed May 22, 2002. PLEASE turn in your available dates as soon as possible!

7. ADJOURNMENT: (Dan Maldonado)

  • •There being no further business to discuss, the meeting adjourned at 1:00p.m.
  • •Special thank you to Dan Maldonado, Blake Chard, and Jeff Wells for their hospitality and informative presentation. A thank you card will go to the DMC for their requested presentation.