Meeting Information
Meeting #2 Agenda 04/26/2016 - 11:00 a.m. (County Commission Chamber)
(1) Review the minutes from the first CJCC meeting (04/05/2016) and approve.
(2) Review the bylaws and the proposed amendments, and reach consensus or, if needed, vote on their adoption.
a. Discuss and reach consensus on the terms to be served by the Chair and Vice Chair (Article VI - “The Chairman and Vice Chair of the Council shall be selected by the Council”)
b. Discuss nominations of persons for the Chair and Vice Chair and reach consensus or vote (Article VI) on the Chair and Vice Chair positions.
c. Discussion about adding an additional CJCC member specifically to represent disproportionate minority incarceration of African Americans and other racial and ethnic minority groups.
d. Edith Guffey: Identify potential gaps or deficiencies in the criminal justice system; including intentional examination of factors that may be contributing to the high representation of persons of color in the Douglas County jail and criminal justice system. The CJCC will make recommendations to address possible systemic inequities and concerns reduce or eliminate duplication of services and service gaps.
e. Other Bylaw changes?
(3) Continue the “presentations” of the CJ agencies and activities in Douglas County.
a. Update on the challenges facing the jail and a discussion of the early efforts to address the growing Douglas County Correctional Facility population: Substance Use Treatment/Interventions (Lori Alvarado), MH Court (Jason or MS and Charles Branson-tentative), Reentry (Mike), AID (Jason).
b. Judge Fairchild will talk about the courts and the challenges faced in Douglas County in terms of managing / processing / adjudicating criminal cases. - tentative
(4) Final thoughts and nuts-and-bolts. The nuts and bolts should include information on where members can find relevant materials on the county’s website; the schedule of future meetings; etc.
(5) Set the agenda for meeting #3 – and whatever is not covered during this meeting will be carried over to that meeting.
April 26, 2016
Douglas County Criminal Justice Coordinating Council Meeting (CJCC)
County Commissioner Mike Gaughan, temporary chair, called the regular meeting to order at 11:05 a.m. on Tuesday, April 26, 2016. Commission Gaughan replaced Commissioner Jim Flory as the County Commission representative on the council.
Those in attendance included: Mike Gaughan; Robert Fairchild, Ken McGovern, Charles Branson, Leslie Soden, Shaye L. Downing, Tarik Khatib, Scott Miller, Pam Weigand, David Johnson, Lori Alvarado, Susan Hadl, Edith Guffey, Bob Tryanski, Craig Weinaug, Tom Markus and Mike Brouwer. Michelle Roberts was not in attendance.
APPOINTMENTS
David Johnson moved to appoint Mike Gaughan as the chairman of the council for a one-year term; and Susan Hadl as the council’s Vice Chair also for a one-year term. Motion was seconded by Pam Weigand and carried.
PRESENTATIONS
Douglas County Sheriff, Ken McGovern, updated the council on the status of the jail situation. Highlights included: the jail is housing 240 inmates. Of that total, 17 are out of county and 17 would be eligible for reentry; last year the County spent $523K on housing inmates out of county and have to date spent approximately $400K for 2016; future needs include women’s housing and a special needs unit; and the classification unit is now being used for immediate intake which is taking precedent.
Mike Brouwer, Director of Reentry Program, invited the council to come visit the correctional facility to get an idea of how they are providing service. The facility is open 24/7, with 60 programs a week and 80 community volunteers that come in to teach training programs. Upon entry, a risk assessment is performed to determine a likeliness to appear in court and to make decisions on bonding. The staff serves on a variety of councils and is interested in working toward removing barriers that create risks that bring people to jail. Over the past two years, Community Corrections has been working on special projects to lower jail population. The reentry program provides acute case management that provides resources and guidance to remove barriers that create risk of going back to jail; intensive case management for those incarcerated for 30 days, and the reentry program helps at no charge streaming individuals into programs that will integrate them into the community, help them finish a degree or get an ID.
Jason Matejkowski, KU School of Social Welfare, worked with the County through the Sheriff’s office and Bert Nash to submit a mental health collaboration program grant through the Bureau of Justice Assistance. The proposal was awarded $200,000 in 2015, which is funding the Assess Identify and Divert (AID) program. The grant has two objectives: 1) maximize diversion of nonviolent offenders with mental illness from the jail; and 2) promote inter governmental communication and collaboration with respect to mentally ill offenders. Number 2 is established through the setup of the CJCC. Fifty inmates are assessed per month for this program.
MINUTES
Susan Hadl moved to approve the minutes of 04-05-16. Pam Weigand 2nd and the motion passed.
BYLAWS
Gaughan shared his thoughts that incorporating a new member with expertise on the intersection of race and criminal justice is appropriate and necessary. He has asked the NAACP to make a recommendation to the council. Gaughan opened the item for discussion.
Hadl commented we need to focus on all races, which includes Hispanic and Native American.
Gaughan said the intent of the item on the agenda is to focus on African Americans though the language includes “and other racial, and ethnic minority groups.” Gaughan said he feels this is a specific goal we should have as a council.
Shaye L. Downing asked what criterion is required for the proposed member. Gaughan responded someone with academic or research background in race and justice. Downing added she is not comfortable with opening up a position to just advocate for black or minority, but she is open to someone who can offer counseling advice on any population. She also suggested the Council determine its goal before identifying a new member.
David Johnson stated he would like the council to have a voice with mental illness that could help the community.
Guffey said she supports this new position. No one on the board has an expertise in this area and she commented this group will be talking a lot about race. Appointing an expert in the field of race will go a long way to sooth those who have distrust of the system.
Charles Branson said his concern is the emphasis being placed on the African American population. This area has a large population of Native Americans which he would hate to see excluded.
Gaughan brought the discussion back to the topic of adding language to the bylaws under B. Goals: (iv) with language suggested by Edith Guffey to clearly address race concerns.
Guffey suggested the following amendment: Identify potential gaps or deficiencies in the criminal justice system; including intentional examination of factors that may be contributing to the high representation of persons of color in the Douglas County Jail and criminal justice system. The CJCC will make recommendations to address possible systemic inequities and concerns, and reduce or eliminate duplication of services and services gaps.
After discussion, Bob Tryanski moved to amend the bylaws to reflect the above language as stated above for B: Goals: (iv) of the bylaws. Motion was seconded by Pam Weigand and carried.
ADDING MEMBER
Gaughan returned to the discussion of adding an additional seat to the Council.
Gaughan moved to adopt the additional member to the CJCC Council to include a subject matter expert on the intersection of race and criminal justice to be appointed by the County Commission. Motion was seconded by Branson and carried, with no objection.
Gaughan moved to modify the bylaws by correcting wording changes to show the council name as Criminal Justice Coordinating Council and a word correction in article 6 from “place” to “plan.” Motion passed with no objection.
MENTAL HEALTH COURT
Charles Branson explained that a group has been working on creation of a mental health court over the past year. The District Attorney’ Office has had a diversion program for years which includes mental health situations. Branson said when you have someone going through the system that cannot participate in fines or community service work because of mental health issues we look at structuring diversion with case management, trying to minimize the impact the system has on their lives. What we will be looking at mental health court is tougher cases when the criminal justice system has to intervene. The situation with mental health court will be looking at people who will need weekly contact from people in the court system to keep them on task, and try to divert their attention back to things they need to be working on. Some of the things discussed are additional case management services and if they are able to complete their requirements, like case management, medication appointments, etc., we would possibly dismiss the case. In serious situations where we have to have more impact on the person we may seek to obtain a conviction and as part of a deferred sentence, allow them to process through case management and if successful possibly entertain a motion to set aside the conviction. Branson said they are close to testing. One of the barriers is the need for a coordinator or case manager outside the prosecutor, judge or defense attorney, in a position to work with the offender and come back with information to the court, and how this position will be funded.
Mike Brouwer added regarding case management services, most of the individuals will not be eligible for Medicaid or have insurance that will pay for these services.
Branson said he is not opposed providing these services to someone who has committed a person crime. However, the grants in place prohibit it.
It was discussed the model program would start with 10 people per year in the program.
DCCCA
Lori Alvarado, Director of DCCCA, stated DCCCA is licensed by the state to provide substance abuse treatment and intervention. They have a residential center for women with a licensed daycare on site. DCCCA serviced 430 women last year, with half being from Douglas County. Pregnant women and IV drug users have first priority for treatment. DCCCA currently offers outpatient treatment for men. They go to the jail, detention center, homeless shelter, clinics and doctors’ offices to provide assistance. They plan to provide services for the crisis center. DCCCA provides a social detox, 2-4 day nonmedical stabilization effort used to engage people in treatment. Currently there are two beds for women at the center. They plan to coordinate with the crisis center for inpatient beds for men. They offer intermediate residential services for women in Lawrence, with a 14-28 day stay; intensive outpatient treatment 3 hours daily for 3-5 days a week depending on the treatment plan; 2-8 hour weekly group sessions; and alcohol schools on Saturdays for DUI recipients. All treatments are based upon medical necessity, Medicaid eligibility, block grant eligibility, alcohol tax funds and city/county funding to help fund those without a paying source. They do assessments at the jail, juvenile detention center and are also asked to do evaluations for the courts to evaluate what kind of treatment would be a part of sentencing or diversion sentencing process. Many of DCCCA staff serve as advisory and special subject matter experts.
Judge Fairchild’s presentation was tabled for the next meeting.
NEXT MEETING
• Next meeting, Tuesday, May 17, 11:00 a.m., County Commission chamber.
Gaughan moved to adjourn the meeting. Motion was seconded by Weigand and accepted.
Time and Date