Policy Matters Journal PMJ-print1 | Page 44

EXECUTIVE SUMMARY Every year countless youth are sentenced to commitment who would be better served using evidence-based diversion programming. Oftentimes eligible youth fail to be diverted simply because of the philosophical ideations of a judge or the state attorney’s office. First-time non-violent felonies are of- ten sent to commitment despite the low likelihood that the youth will re-offend. Not only is this a costly option, as diversion is often much less expensive than housing a juvenile in a residential facility; it is also detrimental to the child. Sending youth who are charged with non-violent offenses and are at a low risk of reoffending to commitment fails to make society any safer, since commitment has actually been found to increase the likelihood of reoffending [recidivism] in youth with a low probability of recidivism. This capstone performs a comparative analysis of juvenile diversion and commitment programs across social factors, program effectiveness [measured as recidivism] and cost to demonstrate that public safety and lower recidivism for juvenile offenders can best be reached through diversion programming for nonviolent felony offenses, as opposed to commitment dispositions. Findings indicate that the per diem cost for juvenile commitment in the state of Florida is $151.80 per child. For diversion, this study estimated the per diem cost to be $9.33. The recidivism rate for commitment in the state of Florida was 35.6% for the 2016-17 fiscal year. However, Florida diversion programs had an average recidivism rate of 11% in the same year, where diversion participants were less than a third as likely to reoffend as the juveniles sent to commitment. In most cases, Florida has not expanded diversion eligibility requirements to include non-violent felony offenses, despite these staggering statistics. Shifting the Florida juvenile justice system’s focus from a punitive strategy to one of rehabilitation can best be accomplished through the increased use of diversion programs, which are designed to mitigate risk factors and increase protective factors of juvenile recidivism. The inclusion of first-time nonviolent felony offenses like felony vandalism, felony drug, auto-theft, and burglary in diversion programming is necessary in order to facilitate positive changes in the juvenile justice system and the community these youth reintegrate into. The results of this capstone indicated that diversion programs are severely underutilized within the state of Florida and recommends that Florida lawmakers and local State Attorney Offices (SAOs) fully utilize diversion programs for all eligible juveniles. In addition, psychosocial outcomes should be measured regularly by diversion programs and residential facilities to ensure that youth needs are being met by the sanction received (Dembo et al., 2008). Prosocial activities should be increased in target neighborhoods as a proven protective factor of juvenile recidivism (Demeter, 2016). Creating a cell to classroom coordinator position within the SAO would alleviate the reintegration difficulties present when youth transition from a residential facility, which are often due to learning disabilities, poor school records, and educational neglect (Demeter, 2016). The addition of the coordinator position would reduce the transition time, in which the juvenile is unenrolled in schooling (Demeter, 2016). There must be a philosophical shift in the Juvenile Justice System (JJS), where the notion of punitive accountability for juveniles is relinquished and the focus shifts instead on more effective means of rehabilitation. This shift can only be accomplished by educating the public, JJS staff, and policymakers on risk and protective factors for juvenile (re)offending and the most effective ways to reduce recidivism and rehabilitate youth by addressing these needs. Secure facilities should only be utilized for serious, violent, and chronic offenders as interventions are proven to be most effective when used for youth who are at a high risk of recidivism and can actually negatively affect juveniles who are at a lower risk level (Farn, 2018) (Russell, 2017). A Detention Risk Assessment Instrument [which has been tested for validity and reliability] should be implemented statewide prior to juvenile sanctioning to assess the likelihood that youth will reoffend. It is also strongly recommended that evidence-based diversion programs are only utilized for youth who would otherwise be involved in the JJS for residential placement or probation [in some cases] in an effort to reduce the net widening effect; which occurs when low-risk youth who would traditionally have little to no JJS interaction are sent further into the JJS unnecessarily (Farn, 2018). Most importantly, it is strongly recommended that the JJS facilitates a “culture of data-driven policy reform” in the quest for justice, rehabilitation, and safer communities (Farn, 2018). 39