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ARIZONA STATE LEGISLATURE

Forty-ninth Legislature – First Regular Session

SENATE PUBLIC SAFETY AND HUMAN SERVICES AND HOUSE OF REPRESENTATIVES MILITARY AFFAIRS AND PUBLIC SAFETY

COMMITTEE OF REFERENCE FOR THE SUNSET REVIEW OF THE

DEPARTMENT OF JUVENILE CORRECTIONS

Minutes of Interim Meeting

Thursday, November 12, 2009

House Hearing Room 5 --- 10:00 a.m.

Co-Chairman Weiers called the meeting to order at 10:05 a.m. and secretary called the roll.

Members Present

Senator Linda Gray, Co-Chair Senator Al Melvin	Representative Jerry Weiers, Co-Chair Representative Patricia Fleming
Senator Rebecca Rios	Representative David Gowan
Senator Jim Waring	Representative Barbara McGuire
	Representative Carl Seel

Members Absent

Senator Leah Landrum Taylor

PRESENTATION BY THE OFFICE OF THE AUDITOR GENERAL

Michael Nickelsburg, Office of the Auditor General (AG), gave a slide presentation on the performance audits of the Department of Juvenile Corrections (Attachment 1). In addition to the rehabilitation and community re-entry audit, the Auditor General’s Office reported on suicide prevention, violence and abuse reduction. He advised that the Department of Juvenile Corrections agreed with all the findings and plans to implement all of the recommendations made by the AG’s Office. He related that the Department operates four correctional facilities and supervises juveniles on parole. The Department provides treatment programming, education and vocational rehabilitation to juveniles as well as medical and dental care. As of July 30, 2009, the Department was supervising 506 juvenile offenders within its four secure care facilities, 488 juveniles on parole and an additional 138 juveniles from other states under the Interstate Compact on Juveniles. During 2002 and 2003, three suicides occurred at one of the facilities. After the first suicide, the U.S. Department of Justice (DOJ), under the Federal Civil Rights of Institutionalized Persons Act (CRIPA), began an investigation, focusing on whether the constitutional and federal statutory rights of juveniles in the Department’s custody were being violated. The 2004 DOJ report noted the following findings: inadequate suicide prevention measures and a failure to protect juveniles from sexual and physical abuse. In September 2007, after implementing 120 mandatory provisions, the case against the Department was dismissed when the Department showed substantial compliance with all of the provisions.

Co-Chairman Weiers said he understands that the number of suicides has diminished since that time. Mr. Nickelsburg said that is correct; there have been no further suicides at any of the facilities.

Senator Melvin asked whether the audits included volunteers’ work. Mr. Nickelsburg replied in the negative. He said that there was no time to take into account the impact of volunteers when performing the audits.

Senator Melvin asked how long the audits took. Mr. Nickelsburg answered that the audits began in December 2007 and were completed this past September. The first audit consisted of three auditors, himself and a supervisor; the second audit was staffed by two auditors, himself and a supervisor.

Senator Melvin commented that he would like to see future audits touch on volunteers because they make a significant difference.

Representative Seel asked what the cost to the state was to conduct the audits. Mr. Nickelsburg related that he does not have that information available but he can get it.

Senator Rios queried whether any research was done on placement for juveniles on detention. Mr. Nickelsburg said the audit did not look at the appropriateness of placement. He noted that is up to the discretion of the judge.

Senator Rios noted that the report showed improved collaboration with other agencies, such as the Department of Economic Security (DES) and the Regional Behavioral Health Authorities (RBHAs) and wondered whether any research was done on this issue. Mr. Nickelsburg said that the Department has been working very closely with other agencies and efforts are being made to formalize appropriate roles and responsibilities.

Senator Melvin wondered whether the military has been an option in re-entry. He revealed that transitioning into the military has shown some real success stories.

Mr. Nickelsburg reviewed the findings of the second audit on suicide prevention, and reduction in violence and abuse. He informed Members that the Department has taken considerable steps to address these issues. The Department has improved its suicide prevention practices to conform to national standards and best practices; however, improvements can still be made, such as addressing suicidal behavior in treatment plans, assessment by mental health staff and use of suicide-resistant clothing. In 2008, the Department reported a decrease in juvenile assaults and fights, due to community policing techniques, increased staffing, intelligence gathering and sharing, and treatment programs that address anger and violence. In addition, the Department has taken steps to address abuse, such as revising the juvenile grievance process, enhancing investigations, disciplining and terminating staff for inappropriate behavior, and instituting two-culture change initiatives including a zero tolerance of abuse campaign. He revealed that boundary problems continue, which include the use of pet names for juveniles, verbal sparring and joking between staff and juveniles, and undue familiarity. The AG’s Office recommends that ADJC take steps to reinforce appropriate boundaries.

RESPONSE BY THE DEPARTMENT OF JUVENILE CORRECTIONS

Michael Branham, Director, Arizona Department of Juvenile Corrections (ADJC), responded to questions raised. He said the issue of volunteers was not addressed by either of the audits conducted by the Auditor General’s Office; however, volunteers have been used throughout the Department for a number of years and the Department is now exploring the possibility of using volunteers in paroles. He related that the Department does daily auditing which is an outstanding management tool. He introduced Investigative Supervisor, John Dempsey, and Inspections Commander, Doug Sergeant, both of whom assist him in assessing operations issues throughout the Department. He revealed that the Department uses a collaborative approach, especially in the area where mental health and substance abuse issues are involved, and noted that in these tough economic times many neighborhood and community resources that previously handled juveniles with these kinds of problems no longer exist because of a lack of funds. This is a concern to him because of the worry that the Department operate within its budgetary means. Weekly meetings are held with individual judges and the courts on the appropriateness of placing these juveniles in ADJC.

To that point, Senator Rios wondered whether it is anticipated that more juveniles will be sent to him for treatment with the closing of the adolescent unit at the State Hospital. Mr. Branham expressed his concern about the lack of resources to treat these adolescents. He stressed that it is imperative to find safe, appropriate placement for sex offenders and those with substance abuse issues.

Mr. Branham spoke of his law enforcement background and stated that public safety is his number one concern. He commended the employees at ADJC who take that public safety role and add to that education and treatment.

Mr. Branham answered questions posed by Representative Seel on education and interfacing with the court system. He pointed out that the AG’s Office reported significant improvements in the Department’s interface with the court system and reiterated that the only way a juvenile is sent to ADJC is through sentencing by a judge. He provided a handout on education (Attachment 2) and elaborated on details covered in the handout. He pointed out that the Department’s General Educational Development (GED) completion rate is much higher than the state’s rate. In addition, all of the Department’s schools are accredited, with credits transferred back to the local school district. In addition a number of programs have been started with community college districts as well as the addition of vocational education programs. He reviewed highlights that have occurred during the past two years, of which he said he is very proud.

Co-Chairman Gray asked Mr. Branham how he has dealt with the budget cuts. Mr. Branham responded that he has had to scale back on all areas in order to keep things in balance. He stated that he is very troubled about the budget situation and how the Department can continue its role in providing services to juveniles within the facility as well as the ability to pay for placement when they go back into the community. He hopes that the Legislature continues to view the agency as public safety and continues to support the Department’s programming and education. With continued resources, he feels that ADJC can further reduce recidivism.

Co-Chairman Gray queried whether the superintendent’s housing building is being utilized.
Mr. Branham advised that is where the Arizona Wild Land Fire Cadet Program is housed. Juveniles who want to join that program receive firefighting training under the supervision of certified instructors, the Wild Land fire supervisors and those in the U.S. Forest Service and State Land Department, and they eventually become certified.

Co-Chairman Gray asked the number of vehicles the Department has and whether there are take-home vehicles. Mr. Branham related that the number of vehicles in the fleet has been reduced every year since he has been the Director. A small number of management people have take-home vehicles as well as detectives and first responders. Co-Chairman Gray wondered about mileage. Mr. Branham answered that he drives approximately 300 miles a week in order to visit all of the facilities because he believes in personally seeing what is going on.

Representative Seel asked whether the Department is prepared to deal with the $561,000 budget deficit. Mr. Branham expressed his concern with the deficit and said he is doing the best he can with the resources he is given. He pointed out that some of the services are quite expensive.

In response to Senator Melvin’s queries, Mr. Branham related the following: the Department’s annual budget is about $61 million, there are approximately 900 full-time employees and 80-85 percent of the budget goes for salaries and benefits. Senator Melvin questioned the success of getting some of the juveniles into the military. Mr. Branham replied that the Department is working with military recruiters to change their minds about accepting these juveniles because historically they have believed they were not fit for military duty. He noted that several have now been accepted into every branch of the military, with the exception of the Coast Guard, and many have shown that having problems when young does not prevent them from being successful later in life.

PUBLIC TESTIMONY

Beth Rosenberg, Children’s Action Alliance, expressed support for the continuation of the Arizona Department of Juvenile Corrections. She commended the Department for meeting the CRIPA agreement and overcoming the unconstitutional conditions found in the 2004 report. She recognized the achievements made by the Department in helping to successfully transition youth back into the community and spoke of the need to extend services to juveniles beyond 18 years of age to help them better transition into the community. She expressed concern about budget cuts and said she believes if there were more community resources and community-based programming, fewer juveniles would be committed to ADJC.

Senator Rios commented that a lot of the juveniles coming from Child Protective Services (CPS) and the Regional Behavioral Health Authorities (RBHAs) have Title 19 coverage which helps to minimize the cost that the State has to pay to get them treatment.

Mr. Branham mentioned the day and evening centers which allow youth who are ready to go back into the community to get further assistance or supervision, such as schooling, so they do not go out and re-offend. He advised that the Department has music and sports programs in addition to its academic program.

In response to Representative Seel’s query on whether the Department can utilize tax credits,
Mr. Branham advised that because of the nonprofit status, the Department is ineligible to receive tax credits; however, ADJC is one of the few agencies that can take in donations. He invited Members to visit the ADJC facilities and see how the Department tries to normalize the lives of these youth so they can have the opportunity to become successful.

Co-Chairman Gray moved that the Committee of Reference recommend to the full Legislature that the Arizona Department of Juvenile Corrections be continued for five years. The motion carried by a roll call vote of 9-0-0-1 (Attachment 3).

Without objection, the meeting adjourned at 11:05 a.m.

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Joanne Bell, Committee Secretary

November 24, 2009

(Original minutes, attachments and audio on file in the Chief Clerk’s Office; video archives available at http://www.azleg.gov)

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November 12, 2009

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