The Individualized Sentencing Approach: A Response to Court Builders

From Coordinator of Court Operations Elizabeth Taylor

Court Builders is an electronic forum which is frequented by planners of Community Courts. Recently, a Philadelphia court coordinator posted this question: “How can you influence an individualized approach to community service sentencing?” Specifically, his community court has fallen into the practice of recommending 24 hours (four days) of community service to all program participants, regardless of case specifics. The writer requested information on how other Community Courts have addressed individualized sentencing practices and guidelines. Here is Bronx Community Solutions’ response to his query...

In the Bronx Criminal Court, we have the unique option of being able to take into account the multitude of issues that effect offenders. After assessing that information, we’re able to weigh in and recommend a sentence we feel is appropriate. While working in collaboration with court players, our resource coordinators use electronic rap sheets and the Bronx Community Solutions database before recommending the appropriate number of community service days. Although the average mandate is four community service days (which equates to 24 hours), our resource coordinators, judges and court players do not hesitate to use the available range of community service days to hold offenders accountable for their crimes. In the Bronx, it is not unusual to see sentences of between 10 and 15 days of community service.

Bronx Community Solutions interfaces with over 40 judges, as well as hundreds of Assistant District Attorneys and Defense Attorneys. To keep our recommendations consistent, Bronx Community Solutions developed an escalating tier system that helps resource coordinators and court players determine appropriate and individualized sentencing recommendations:

•Tier 1 ranges from one to three days of community service and is typically used for defendants with no previous Bronx Community Solutions mandates, zero or minimal system contacts, and for offenders whose last arrest was over five years ago.

•Tier 2 ranges from four to seven days of community service and is typically used as an escalation after one previously completed Bronx Community Solution mandate,for an offender who had a recent arrest with no jail disposition (a fine, straight conditional discharge, time served etc), and/or for offenders with minimal system contact(determined by the volume and going rates of the Bronx arrests and outcomes).

•Tier 3 ranges from eight to ten days of community service and is reserved for more serious defendants (with a probation or parole history) who have previously completed Bronx Community Solutions mandates, have had extensive contact with the system, and/or offenders whose case has a current jail offer of more than 15 days.

Bronx Community Solutions has found that this tier system gives court players increased and escalating sentencing options that enable them to address recidivists who have varying criminal histories. More importantly, it brings a structure of uniformity to the sentencing practices of resource coordinators and court players.

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More Than a Success Story

From Coordinator of Court Operations Elizabeth Taylor

“I have to make better choices if I want to stay out of this place,” said Kendra (not her real name) before entering the courtroom to for her appearance. The Resource Coordinator responded that “With the help of your program, you now have the tools to make healthier choices.” Standing outside the courtroom, Kendra continued to share the progress she had made in therapy.

Kendra’s story highlights two problem solving focuses of Bronx Community Solutions: prostitution alternatives and mental health screening and services. Dating back to January 2004, Kendra’s criminal rap sheet revealed an extensive history of prostitution arrests and convictions. Out of 43 arrests, she had been convicted on 35 prostitution counts (six since the beginning of 2009). Prior to the involvement of Bronx Community Solutions, her most common sentencing outcome was jail time, serving between 15 and 60 days.

After being arrested by the 41st precinct in June 2009, the District Attorney’s Office flagged Kendra’s file and contacted Bronx Community Solutions to determine if she was appropriate for a prostitution alternative sentence. A Resource Coordinator assessed Kendra and recommended CHOICES, a 10 session group therapy program designed for prostituted women. After sentencing, Kendra failed to report to the CHOICES program. A month later, she was sentenced to 60 days in jail on a new prostitution arrest and for failure to attend the CHOICES program.

In September 2009, Kendra was back before a Bronx Criminal Court judge on another prostitution charge. Bronx Community Solutions again assessed Kendra and found her mental health history to be the most pressing issue. The Resource Coordinator then spearheaded a collaborative effort with the Assistant District Attorney, the defense and a mental health agency. After the group effort, Judge Ralph Fabrizio sentenced Kendra to complete outpatient mental health treatment, to be monitored by Bronx Community Solutions. As part of protocol, Kendra’s case was put on for judicial monitoring in the Bronx Criminal Court Compliance part.

On her September 2009 compliance date, Kendra presented herself in a more coherent and stable manner. It was evident that she was proud about her new found sense of self awareness and hope. In court, the Resource Coordinator highlighted Kendra’s compliance with daily mental health groups, her consistent medication regimen, and the rest of her overall progress. Bronx Community Solutions had a rare opportunity to present more than just the facts, but a storyline of transformation. Although faced with the recent death of her foster mother, Kendra summed up her progress best when she stated that “I have people in my life who are teaching me to cope…” The case was adjourned to November 2009 for continued judicial monitoring.

Kendra’s transformation is a process. She is fighting against strong lifestyle changes and mental health issues. However, with the focus on problem solving justice, Bronx Community Solutions was able to screen, assess and bring to the court’s attention to Kendra’s underlying mental health issue. After collaborating with other court players, Bronx Community Solutions was able to bring about a supportive alternative sentencing option. Bronx Community Solutions continues to reach out to Kendra’s mental health program to ensure that she is staying on track with her treatment plan. At 37, she now has the strong support system and resources that could enable her to make a total and lasting transformation. In the coming months, Bronx Community Solutions will continue to aid in her progress.

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The Fall 2009 Bronx Community Solutions Newsletter

Here is a link to Bronx Community Solutions' Fall 2009 Newsletter.

Inside, you'll be able to read about many of the new initiatives Bronx Community Solutions launched in 2009 (such as assisting the court with DWI/DUI offenders and placing a greater emphasis on helping offenders with mental health issues). Also contained in the newsletter are updates on Bronx Community Solutions' efforts at revitalizing areas around the Bronx, a story about bridging the gap between the youth and the NYPD, and much more.

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The Obama Administration Enacts A New Policy Regarding Medical Marijuana

In a move that was reported on the front page of today's New York Times, it was revealed that people who use marijuana for medical purposes (as well as their distributors) would no longer be subjected to federal prosecution. The directive, which is a sharp contrast from the policies of the Bush administration, was sent to prosecutors in the 14 states that allow the use of marijuana for medical purposes. Attorney General Eric Holder affirmed that the United States would continue to target those who traffick marijuana illegally, but explained that going after those who use marijuana for pain relief was a thing of the past.

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New Laws in New York For Low-Level Drug Offenders

A new story from the Associated Press details how new laws regarding low-level drug offenders have just kicked in. In April, Governor David Paterson and other state lawmakers went over and revised the archaic Rockefeller-era drug laws. Their determination was that low-level offenders who were addicted would be better off in treatment than in prison. With the changes, hundreds of existing offenders can now petition for an early release, while Judges across the City have the option of mandating new offenders to drug treatment.

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Promoting Community and Court Relations

From Case Manager Daren Mills

As a new Case Manager here at Bronx Community Solutions, I went to my first Community Advisory Board meeting on Wednesday, September 30th. Attending these meetings is one of our ways of promoting and enhancing communication and creating partnerships between the courts and the community. Through my experiences, I’ve come to understand just how important it is for any community based organization to partner with other organizations in order to provide better services to the community.

At the meeting, representatives from lots of our partnering service providers were present. In addition, there were representatives from the Bronx District Attorney's office, the FDNY, the Bronx Borough President's office, and the 161st Street Business Improvement District. As the meeting went on and various people spoke, ideas started to come to my mind about possible future collaborations. By the time the Community Advisory Board meeting concluded, I had gained a better understanding of the impact that Bronx Community Solutions has in the community. It was also great for me to be able to put faces to the names of the different people that I will undoubtedly come across while working at Bronx Community Solutions.

When I think about the structure and reputation of Bronx Community Solutions, I look forward to adding another dimension as I deal with clients in the clinic and work in the community on our other initiatives.

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Problem Solving Over a Hand Shake

From Coordinator of Court Operations Elizabeth Taylor

“I care” was the exclamation of the judge as the defendant approached the bench for an off the record, heart to heart conversation. On September 28th 2009, as James (not his real name) walked out of the courtroom, he emotionally uttered “that judge really cares about me.” Click here to read more.

Yesterday saw the culmination of yet another collaborative problem solving effort between Bronx Criminal Court and Bronx Community Solutions. In December 2008, James, a foster care youth, was arrested for a marijuana violation. Coupled with the death of his mother and a mental health diagnosis, his arrest charge was typical, but his story was not. At the arraignment hearing, the judge sought the expertise of a Resource Coordinator. Her request was for Bronx Community Solutions to assess James and determine the appropriateness of a longer term alternative to incarceration option. While court resumed, the Resource Coordinator assessed the offender and recommended a 3 month sentence to a dual diagnosis substance abuse and mental health program.

Over the last 9 months, the sentencing judge took a special interest in James’ progress, relying heavily on Bronx Community Solutions for outreach, tracking and court reporting. James’ attendance was consistent, but he continued to test positive for marijuana. In March 2009, only a couple of days before the program would’ve been complete, he absconded from his group home and had an episodic break. Shortly thereafter, he was admitted to a psychiatric adolescent unit and was eventually placed with a foster mother. On June 27th, because of his recent drug history, James was re-sentenced to Vertex, an outpatient substance abuse program. At his June 27th compliance court date, the judge was vehement with James about following through with the program. Despite of the Judge’s firm words, James failed to report to both Bronx Community Solutions and Vertex.

At his September 28th compliance date, fully expecting to go to jail, James was greeted by a sympathetic judge: “You have to do it for yourself,” the judge said. “Do you want the help that Bronx Community Solutions can offer?” As James began to explain why he did not attend the program, the judge interjected with compassion and understanding. The judge replaced the expected harsh admonishment with encouragement. Turning to me, the judge said, “I can not do anything from here, I need you guys to do it.” I was able to put an agreed upon plan of action in place. The judge shook James’ hand, wished him the best of luck, and reminded him how much she cared. I looked at the judge and reassuringly stated that I would get the ball rolling. After the judge thanked me for the efforts of Bronx Community Solutions, the case was adjourned. While he was walking out of the court room, James felt a new sense of self reliance and awareness. He stated that “the judge is right…I’m 18 now and have to get my stuff right.”

James is scheduled, along with his foster mother, for a Vertex intake appointment on October 6th, 2009. Today, I had an opportunity to follow-up with the judge who continues to express support and appreciation for Bronx Community Solutions’ flexibility and in court services. This case continues to shine a light on Bronx Community Solutions’ ability to effectively promote problem-solving justice and provide real solutions for the courts.

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The "Dirty Dozen"

In January, Mayor Bloomberg announced plans to target a "Dirty Dozen" of the city's worst quality-of-life offenders during his State of the City Address. An item in today's Daily News reports on the implementation of that plan to target the city's 67 most prolific low-level offenders (slightly more than twelve from each borough). The City's been running the numbers, and they're now in the process of putting in place a system to flag these cases the next time they're arrested. Thanks to Danny Abriano for finding this article.

This new initiative is an enhancement of Operation Spotlight, a city-wide initiative that puts a prominent stamp on the file of anyone who's had three or more misdemeanor arrests in the past year (there's actually a formula that's a little bit more complicated than that), to bring the offenders record to the attention of prosecutors. You can view reports on Operation Spotlight here.

It seems that there are 693 people city-wide who've been arrested more than 10 times in the past two years. Among the "Dirty Dozen" each person has been convicted an average of 16.8 times.

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Report from the Field: Prostitution

From Resource Coordinator Carrie Potts:

Since I began working here in June, one of my focuses has been on implementing Bronx Community Solutions' ongoing prostitution initiative which aims to identify and assist women engaged in the lifestyle of prostitution here in the Bronx who come in contact with the justice system. Click Here to read more.

Before we started working to address the issue, the options available to judges when they were presented with an arrest for prostitution were very limited: either release the defendant, sentence them to a short amount of time in jail, or in some cases, order them to participate in drug treatment as an alternative to jail. As social workers, we're aware that for many women involved in prostitution, leaving the lifestyle is a difficult and complicated process that requires peer counseling and supportive services including safe housing, employment training, and financial counseling, as well as substance abuse and mental health treatment in some cases.

Recently, we worked with two cases that encouraged us to keep pressing our efforts, as they have been neglected by the criminal justice system for so long. Both of these cases presented unique challenges, so our staff pulled together as a team to design creative sentences that addressed each client’s individual needs.

Our first client spoke of being ready to get out of the life, but it was clear that her substance abuse issues were a major roadblock for her, and contributed to her lifestyle. We were able to connect her to a 28-day detoxification/rehabilitation facility, through Liberty Behavioral Management Corporation, which would allow her to stabilize herself mentally and physically in a medically safe and emotionally supportive environment. In order to remain engaged after her completion of the rehabilitation program, also made sure that her sentence included four days of follow-up counseling here at Bronx Community Solutions on-site social service department. These will consist of not only groups, but also one-on-one meetings with a case manager, to allow for more candid conversations on how her life is progressing, now that she has completed a 28 day program.

Bronx Community Solutions has worked hard to establish and maintain solid relationships with our social service partners, so that when their services are needed, they are available and clients won’t have to wait. For this client, this was a vital part of the process. The facility was able to pick her up from the court house and take her straight to their campus within a few hours of her release from court. As she was leaving the courthouse, she was reflecting on the last few days, and stated that she was really glad she was going to the facility because it would allow for some clarity. She realized that if she were going home, she would fall back into the same habits, which would result in another arrest, and the cycle of the streets to jail and back to the streets would only continue.

Our second client was known to the police precinct in which she was arrested, as she has been in the life for many years. Upon meeting with her, it became clear that there were many underlying issues that had never been addressed, but were clearly impacting her life on a daily basis. The most important issue to address was her mental health diagnosis. She reported that she had been on psychiatric medications for many years, but never had a steady treatment provider but instead, went to a city emergency room for medication. The secondary issue was her use of alcohol, which was often used as a form of self-medication in lieu of psychiatric medications. Based upon this assessment, our treatment plan focused on what it would take for her to lead a more productive and healthy life—namely a steady connection with a psychiatrist as well as substance abuse treatment. After discussion with the district attorney, her defense attorney and the judge, all parties were in agreement that another jail sentence would not help this client, but that now was the time for an intensive intervention which Bronx Community Solutions would monitor for compliance. We were able to connect this client with an out patient treatment program that would address both her mental health and substance abuse at the same time.

Both of these women have taken an incredibly difficult and important first step towards getting out of the lifestyle of prostitution. They both recognized that there are many factors contributing to their involvement with the criminal justice system and Bronx Community Solutions was able to play an active role in introducing alternatives to incarceration. We will continue to design creative sentences which will address a wide range of issues faced by our clients, particularly within this subset of our population.

As we head into the Fall, our focus on prostitution is beginning a new chapter, which will utilize all of our services and partnerships in an effort to reach out to this population so that they know alternatives are available.


We also hope that our efforts will help improve public safety and neighborhood quality of life. Several police precincts have recently reached out to us for assistance with increased problems related to prostitution activity, and it's our role to ensure that arrests lead to meaningful outcomes instead of just a trip through central bookings and then back out onto the street and the same situation, and by coordinating our community service efforts to clean up the dumping, neglect, and graffiti at hotspots where prostitution is occuring.

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Report from the Field: Mental Health

Last February, Bronx Community Solutions began screening all of its clients, as part of the assessment that each individual receives after they've been sentenced to the program, to identify possible mental health issues for which assistance might be needed.

We're hopeful that we can assist many individuals who otherwise would fall through the cracks, and also excited that we may be uniquely able to learn important information about the mental health issues of low-level offenders who are being cycled in and out of the justice system. We've learned some very interesting things so far. Click Here to read more.


From Case Manager Amber Pettit:

Beginning February 24, 2009, a brief mental health screening tool was added to the Bronx Community Solutions intake assessment for the purpose of identifying clients with mental illnesses. The tool consists of a set of questions pertaining to a client’s history of mental health treatment, currently utilized by the Bronx TASC program, and the GAINS Brief Jail Mental Health Screen to assess the client’s current mental health status.

Our pilot project is a result of recommendations made by a joint City/State panel on the issue of mental health in the justice system and announced at a press conference by Mayor Bloomberg. The June 2008 Report of the New York State/New York City Mental Health-Criminal Justice Panel recommended that New York City should introduce mental health screening in the Bronx Criminal Court to identify individuals sentenced to brief community-based programs who may benefit from mental health assessments, intensive engagement, and voluntary case management.

The goal of this pilot initiative is to use Bronx Community Solutions’ brief period of mandatory engagement to promote longer-term voluntary participation in mental health services that may help the individual to not re-offend.

Every individual whose responses to the screening indicate that they may be dealing with a mental health issue is scheduled to participate in group or individual mental health counseling as part of their mandate. In some cases, if a client appears to be in crisis, they will be escorted directly to meet with a case manager at our on-site social service department for immediate assistance.


During this initial implementation period (February 2009-July 2009), Bronx Community Solutions has identified 367 clients with current or past mental health problems. Of these 367 clients, 246 completed the mental health treatment readiness group and 138 individual counseling sessions were conducted.


The preliminary data that we've gathered and analyzed indicates that compared to Bronx Community Solutions’ clients as a whole, the individuals who are responding as possibly having mental health issues are more likely to be women, more likely to be older, less likely to be black and more likely to be white or Hispanic, more likely to admit to substance abuse, and more likely to be currently or previously homeless.

What we’ve learned during our individual counseling sessions suggest that a majority of these clients are, in fact, suffering from co-occurring substance abuse and mental health disorders. Most clients are aware of their psychiatric diagnoses and have extensive, albeit sporadic, treatment histories. Many are unable to distinguish mental health symptoms from substance abuse problems and lump both into their “illness.” The clients tend to be frustrated with the level of care they have received in the past and the accessibility of services within the Bronx. Many have no medical insurance or have let their Medicaid lapse and lack the proper documents needed to re-apply.

The good news is that in many cases, with encouragement and assistance from Bronx Community Solutions' case managers, these individuals have been able to successfully re-connect with treatment and other services. They may experience future setbacks, but in each of these cases an arrest that might have otherwise led to a short stay in jail or a few days spend cleaning up a local park have been leveraged into a re-engagement with services and a break from the pattern of minor arrests and short jail sentences that is common for many of these individuals.

A case study of one of our clients (their name has been changed), tells part of the story about mental health issues affecting the low-level offenders in the criminal justice system:

Ms. Perez has a history of almost a dozen arrests over the past two decades for prostitution, drug possession, petty larceny and trespassing. Most recently she was arrested for prostitution and sentenced to two days of social service with Bronx Community Solutions. After he intake assessment was completed and her responses to questions about mental health indicated that she was dealing with significant mental health issues, she was scheduled to attend a group session on mental health treatment readiness and an individual counseling session with a case manager.

During her individual counseling session, Ms. Perez disclosed that she has suffered from mental illness since early childhood when she was diagnosed with Tourettes Syndrome. She endured ridicule from family and friends which eventually led to self-mutilating behavior, for which she was hospitalized in her late teens. As an adult she has been treated sporadically for various anxiety and mood disorders. She admits she is often non-compliant with her medication regime and finds it difficult to maintain a consistent therapy schedule. Even more difficult for her is establishing a relationship with new treatment providers as feelings of anxiety and apprehension often overwhelm her in unfamiliar settings. Recently, Ms. Perez had been receiving therapeutic and psychiatric services from a community based service provider but she was recently discharged due to missing two consecutive appointments which violated a condition stipulated in a “contract” that was created to address her poor attendance. The case manager and the client spoke at length about the importance of therapy and together created a list of strategies to improve her attendance. As one of her absences was a result of her recent arrest, the case manager provided Ms. Perez with car-fare and documentation to bring to her program in hopes of being re-admitted.

When Ms. Perez returned to Bronx Community Solutions for her group counseling session the following week she provided documentation that she was indeed re-dmitted to her program and will see a therapist next week. She was also informed that her Medicaid was no longer active and that she must take steps to remedy this before her appointment. The Bronx Community Solutions case manager provided Ms. Perez with car-fare and directions to the appropriate Medicaid office in order to facilitate this process. At this time, Ms. Cruz is still receiving services at her program and has not been rearrested.

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Reports From the Field

It's been a busy time at Bronx Community Solutions. In the past few months, we've hired two new resource coordinators and two new case managers, each of whom brings great experience and enthusiasm to our team.

We've been taking a targeted approach to some of the more difficult and complicated types of low-level offenses and particular populations. Since February, we've dramatically expanded our efforts to comprehensively screen all of our clients for mental health issues and connect clients with mental health concerns to needed services. We've also been working to address prostitution, through outreaches, flagging, tracking, assessing, and making sentencing recommendations, and targeting community service clean-ups at prostitution hot-spots.

Our efforts in these two areas are both gaining momentum: on the mental health front, we just learned we will be receiving a grant from the Department of Justice to expand our efforts; and on the prostitution front, several police precincts have approached us for assistance dealing with increased prostitution activity, and Columbia University is assisting us with developing a curriculum for our first women-specific social service group.

At the same time, we're always working to make our community service targeted and meaningful in partnership with locally based organizations and community groups; seeking out new partners to help connect our clients to services; and working to serve judges and court players in the most efficient and productive ways as the courthouse environment is always changing.

Amber Pettit, our case manager focused on mental health, and Carrie Potts, our resource coordinator focused on prostitution, recently wrote down some of what we've been doing and learning so far. I'll post it here shortly - consider them "reports from the field": early observations, lessons, and successes we can share as we expand our efforts.

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Harry Belafonte Gives Keynote Address

Last night the Harlem Community Justice Center celebrated the tenth year of operations for the Reentry Court with a graduation ceremony for it's most recent group of successful participants. Actor and social activist Harry Belafonte gave the keynote address. You can read more about the ceremony from Chris Watler, Director of the Harlem Community Justice Center, here, and Greg Berman, director of the Center for Court Innovation, here.

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More on the San Fransisco Community Justice Center

Here's a very interesting article published a few days ago about the San Fransisco Community Justice Center. It explains a lot of the politics continueing to unfold around the Center, and also explains the great success that the Center has had since it decided to switch from misdemeanors and violations (public urination, possesion of a crack stem) to more serious felonies and probation violaters with more at stake, which I think is a very interesting development.

However, the low-level quality of life issues in and around the Tenderloin that the Justice Center was designed to address still remain an issue. Read here about a vigilante clean-up effort run amok. And, here's what the local police chief has to say: "New Police Chief George Gascón says his officers are making more arrests in the Tenderloin. That's a great idea, but don't think the Tenderloin Station cops have been sitting on their handcuffs. Station Capt. Gary Jimenez says they've made 3,900 arrests so far this year. The problem isn't arrests; it is getting results from arrests."

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Candidates for Manhattan DA debate at John Jay

The three candidates for Manhattan District Attorney debated last night at John Jay College. Leslie Crocker Snyder, a veteran of New York's toughest fights against crime in the 80s and 90s, pointed out that frontrunner Cyrus Vance was mostly living in Seattle during those years and portrayed herself as challenging the old boy's network perpetuated by the outgoing, long-serving DA, Robert Morganthau. In response, Vance accused Snyder of changing her position on the death penalty in order to garner votes and maintained that he had the character and beliefs required for the job. Richard Aborn, a gun control advocate, is positioning himself as the most liberal candidate and has the most policy/reform experience. All three candidates served as assistant district attorneys under Morganthau, who choose not to endorse his own "right hand man," Dan Castleman, because he believed only Vance had the name recognition to defeat Snyder, who challenged him in the last election.

NY1 has the complete video of the debate: click here.

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Creative Community Service

Here at Bronx Community Solutions, we're always thinking about ways to make community service sentences more creative and meaningful. This article caught my eye: "Juvenile Agency Starts Free Lawn-Service Program":

Elderly residents of Ward 5 in the District will get their lawns cut once a month free through a program created by the city's juvenile justice agency to give youths under court supervision a chance to give back to the community.

The D.C. Department of Youth Rehabilitation Services kicked off this year's program last week at the Northeast home of Eddye L. Williams, 109, thought to be the city's oldest resident. Nathaniel and James, two youths from the agency's New Beginnings Youth Center, who were identified only by their first names, worked through the morning Friday, cutting Williams's lawn.

"Many youths lack the opportunity to participate in the kinds of positive activities that most kids consider routine," said Vincent N. Schiraldi, the agency's director. "The free lawn service program is part of a growing effort by DYRS to involve young people in giving back to society as a way of connecting themselves to positive activities."

Research shows that youths are less likely to get arrested if they are "civically engaged" in the community, Schiraldi said.

Ward 5 residents 65 and older qualify for the program. The agency works with the city's Office on Aging and public officials to help identify participants for the program, said Reggie Sanders, the department's public information officer.

Thanks to Benjamin Chambers at the Reclaiming Futures Every Day blog for the link to the article in the Washington Post.

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Early Results Are Positive

One of the new criminal justice initiatives I've been watching with the most interest is the San Fransisco Community Justice Center (mostly on the excellent blog of the San Francisco Superior Court's Collaborative Justice programs, Moving Justice Forward).

Lisa Lightman recently posted a report on the Center's operations since they opened their doors in March. I'm excited to read about their success so far. One thing they've done a very good job of is telling their story in numbers and demonstrating their results:

In the first 100 days since the CJC opened, the program has been able to reduce delay for misdemeanor citations from 45 days to 2 days for the first court appearance. The court has taken most "out of custody" misdemeanor cases, and is increasing its felony cases. The court has successfully engaged people in treatment plans under our diversion laws immediately upon program entry. Of the 160 clients who have engaged in services, 60 accessed care under a justice mandate, 60 defendants voluntarily engaged in services and 40 ‘walked-in’ or were referred from other agencies. There is already a cost-savings story to tell. An estimate of jail bed savings of only 5 CJC defendants totals $23,000. In tracking 2 clients identified as high users of multiple systems (repeated hospital visits, emergency psychiatric treatment, police and fire in a 6 month period), the CJC’s centralized services coupled with court accountability reduced these costs by 50 percent.

Despite my strong support for the Justice Center, I'm concerned about some trends in San Fransisco. Homeless advocates have accused the Justice Center of criminalizing poverty and those who choose or are forced to live on the street (Barbara Ehrenreich also recently wrote about a growing trend in last Sunday's Times). Of more concern is the rapid departure of people of color from the city. Recent years have witnessed a staggering out migration of 40% of African-Americans.

Many of society's most difficult problems inevitably end up in the lap of the criminal justice system. I believe that court's should work to address those issues as creatively and effectively as possible, while at the same time remaining cognizant and working to address the larger systemic issues that are the root causes of these problems. I thought Lisa Lightman summed up the logic of community courts and problem-solving courts quite well:

Research has shown that repeat offenders have a complicated set of problems that cause their criminal behavior. People are landing in the courtroom because other institutional safety nets are no longer in place. The court has become one of the last stops before jail.

Update: I just came across this article from the San Fransisco Examiner, "Seeking Justice For Tenderloin Court" which details the continuing political battles over the fate of the Justice Center and provides an interesting case study for the public policy debates over the relative merits of community courts and justice centers.

Update #2 (8/31/2009): The folks over at the excellent blog "California Corrections Crisis," maintained by faculty and students at UC Hastings College of Law, just posted a comprehensive update on all the developments around the Justice Center, "Community Justice Center Picks Up". Thanks to Julius Lang on the Courtbuilders listserve for the link.

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The Challenge of Mental Illness in the Juvenile Justice System

This article in the New York Times describes an overloaded juvenile justice system struggling with the issue of mental health services: "Mentally Ill Offenders Strain the Juvenile Justice System," by Solomon Moore.

As cash-starved states slash mental health programs in communities and schools, they are increasingly relying on the juvenile corrections system to handle a generation of young offenders with psychiatric disorders. About two-thirds of the nation’s juvenile inmates — who numbered 92,854 in 2006, down from 107,000 in 1999 — have at least one mental illness, according to surveys of youth prisons, and are more in need of therapy than punishment. ¶ 'We’re seeing more and more mentally ill kids who couldn’t find community programs that were intensive enough to treat them,' said Joseph Penn, a child psychiatrist at the Texas Youth Commission.

This is an issue we've been been dealing with for a few years in the Bronx. Since the beginning of 2007, Bronx Community Solutions has been coordinating the Juvenile Accountability Court, an intensive form of probation designed to prevent placement in detention by combining intensive supervision with enhanced services and increased judicial monitoring. One service that has been consistently identified as a major need is assessment and services for mental health issues (the other most serious needs, aside from drug counseling, anger management, and after school activities include help navigating the education system and family counseling and engagement).

For a period of time, the Juvenile Accountability Court benefited from a devoted source of funding that made it possible to contract for comprehensive mental health services. After that source of funding expired, we have attempted to connect our clients to the mental health services available in the Bronx at hospitals, community clinics, and private doctors, through Medicaid and other insurance coverage, but this has been very challenging.

Back in March the Health and Hospital Corporation, the large agency responsible for running a network of public hospitals as well as much of the health and mental health services available in the city's criminal justice system, announced budget cuts that included the closure of mental health programs such as Highbridge Health Center, a community health clinic; a mental health day-treatment program for 300 adults at Harlem Hospital Center; and another serving 80 adolescents at Lincoln Medical and Mental Health Center.

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National Night Out 2009

From Acting Project Director Maria Almonte:

On Tuesday, August 4, 2009, Bronx Community Solutions participated once again in the Bronx's National Night Out Against Crime. This event has been taking place for over twenty-five years across the nation and it is designed to bring together residents and the criminal justice system to improve safety and prevent crime.

This year we assisted three of our neighborhood precincts (the 43rd, 44th, and 48th) by providing set-up and clean-up crews and handing out information to local residents about the services at the court. At the 44th we set up a table full of valuable information for the community, at the 48th, we removed some graffiti from a commercial building centrally located in the areas where they did their ‘night-out’ event. And finally, we provided a clean-up community service crew at the 43rd's event. All of our partners appreciated our collaborative efforts in making this year another successful community event.

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Stop and Frisk 101?

This is an interesting account in the Village Voice about the "Bushwick 32" a group of young people ranging in age from 13 to 21 who were the subject of a controversial mass arrest on the way to the funeral of a friend on May 21, 2007, who have subsequently forced the city to pay a large settlement in a civil lawsuit that alleged police harassment and unlawful arrest.

It turns out that several members of this group had been taking part in a program at Bushwick Community High School that teaches students about the law and how to handle themselves in encounters with police.

"A lot of our kids had been so used to being violated that they didn't know it was their right not to be. Like walking home from school, being searched, and being asked to stand up against a police car--this is something kids in different neighborhoods never experience. "Stop-And-Frisk 101" by Elizabeth Dwoskin.

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Very Young Girls

This afternoon during lunch, the staff of Bronx Community Solutions watched a screening of a new documentary, Very Young Girls, which focuses on the stories of young women at the GEMS program in New York City who have experienced commercial sexual exploitation and domestic trafficking and are attempting to leave "the life" and develop to their full potential.

Here in the Bronx, we've been conducting street outreaches in partnership with the NYPD and working to coordinate sentences to GEMS, along with the Choices program and the Trans Women Empowerment program at the Midtown Community Court. You can read more about that here.

I recommend the film to everyone - its superbly made, incredibly moving, and it tells an important story. It premiered at the Toronto Film Festival, it was broadcast on Showtime, it's available on Netflix, and soon it will be possible to watch it directly online.

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