Texas juvenile justice department Research Essay

The Texas Department of Juvenile Justice was established in December 2011. Texas Youth Commission and Texas Juvenile Probation Commission came before it. The task of managing different juvenile facilities across the state fell to the Texas Youth Commission. (Texas Youth Commission, 2011). The commission was managing ix sites across the state when it was replaced. The commission was disbanded at a time when its two officers were implicated in a child abuse scandal that received widespread media and public notice. At the same time, another lawsuit was also filed by the American Civil liberties Union against the commission accusing detention officers of using physical force on girls confined in

the facilities. The suit also indicated that officers conducted regular strip searches that violate the Fourth and Fourteenth Amendments. These cases tainted the image of the commission (Doug, 2007). The Texas Juvenile Probation Commission coordinated the activities of juvenile boards, probation departments and detention activities. The move to combine the two within centralized state agency was geared by the need to improve the reputation of the agencies and make good use of the available human resource. The role of the Texas Justice Juvenile Department revolves around juvenile delinquency.

Unlike other forms of crime, juvenile delinquency is a special one that calls for attention. Families of children who commit crimes want to be assured that their children are safe in order to release them for correction. Though arrests can be used to put these children under the department, participation of the communities and families is important for effective application of retributive justice procedures. Harnsberger (2011) notes that child offenders have a higher probability of reforming compared to adult ones. This calls for a closer attention on better ways of helping the offenders reform. Therefore, the intention of forming the Texas Justice Juvenile Department was to depart from retributive justice and instead concentrate on restorative justice for the young offenders. This paper will describe the structure, practices and procedures of the Texas Justice Juvenile Department. It will rely on information from the employees of the department and publications to describe how the mandates are set and achieved. The essay will also compare this department with the Florida Department of Juvenile Justicewith the aim of understanding how its constitution and functions can be reformed or improved for better outcomes.

Methodology

This paper will mainly rely on literary analysis of materials from the Texas Juvenile Justice Department for information on its functions and structure. These materials will be obtained from the web interfaces run by department. There are peer reviewed journals articles and published books that touch on the functions and composition of the department. This research will use these publications to get information on various issues that have risen in the course of the department’s operations. The researcher believes that these outside sources will reveal weaknesses and other likely negative issues that internal sources are unlikely to reveal. The research will utilize first-hand information from the employees of the department.

A request was sent to Bexar county juvenile detention center. Two juvenile detention officers volunteered to participate in the research. The researcher initially preferred interviews. However, the officer indicated that they had tight schedules and could not be available for the interview sessions. As a result, the researcher settled on using questionnaires as the next best alternative. They can be filled by the respondents at their own convenience. However, they do not present an opportunity to the researcher to seek clarifications in case something is unclear. Detention officers are some of the junior employees of the department. However, they understand institutions because they interact with most of the other employees and the children under probation. The third respondent was a probation counselor based in Bexar. Though she noted that her mobility would not allow her to be available for an interview, she indicated that she could be interviewed through a call.

The researcher used probability sampling to balance between probation and detention services. There was need to ensure that each of the two services are represented in the sample. Beyond the two services, this research involved opportunity sampling. This is a technique where the people available at the time of the research are utilized. Hard copies of questionnaires were sent to the two detention officers through courier. The officers spent one week with the forms and sent them back to the researcher. The probation was interviewed through video call.

Structure of the Department

TJJD is headquartered in the Braker H Complex in Austin. The Governor of Texas city is charged with the responsibility of appointing the governing board of the department. The governor also oversees the functioning of the board with the assistance of an independent ombudsman. The Governing board is assisted by the Chief General Inspector and a Chief General auditor. The Executive director is in charge of the day-to-day activities of the department and is answerable to the governing board. The Executive director is assisted by the General Counsel and the Chief of Staff. The Chief of Staff is responsible for human resource, training academies, intergovernmental relations and communication. Each of these functions is coordinated by a director. The General counsel is responsible for legal and technical assistance, administrative hearings, youth rights, policy and standards development and administrative investigations. Unlike the chief of staff who has subordinate officers in charge of the outlined functions, the office of the General Counsel is directly responsible for all the respective functions. The medical director is directly answerable to the executive director and is responsible for provision of medical services in the facilities. Another office that is directly answerable to the executive director is that of the director of the operational analysis and facility support. The department has four senior directors. The senior director of probation and regional programs is in charge of interstate contact, prevention and intervention, placement services and alternative education programs. The senior director of youth placement, reentry and program development is responsible for parole services, youth placement and program development. The senior director of state programs and facilities is responsible for the day-to-day running of state operated programs and services, detention facilities and halfway houses. Her office is also responsible for ensuring that the employees perform and are held to account for their decisions and actions. The four senior directors are directly answerable to the executive director. However, they work closely with the chief of staff and general counsel to ensure a smooth flow of their respective functions (TJJD, 2017).

The chief financial officer oversees all the fiscal affairs. He is responsible for budgeting and expenditure. He also advises on business operations and contracts entered in by the department. His office is also in charge of construction, engineering and research. These are activities that require heavy funding and must be directly supervised to ensure accountability. The Chief information officer in in charge of all the information technology development and operations. This office is also responsible for supervising activities meant to achieve the ISO standards (TJJD, 2017).

The department have many junior employees who work in these offices. These individuals are responsible for formulating policies and coming up with action plans. Implementation of these plans comes down to the most junior officers who are in contact with the offenders, their families and the community. The interviews indicated that after the merging of the two commissions into TJJD, they have been getting increased attention and discretion through the policies and laws enacted. Sec. 261.101 (b) of the state family code recognizes juvenile correction, detention and probation officers as some if the individuals who can make important decisions affecting the life of the child. Sec. 261.408 (c) of the same law goes ahead to establish the independence of the institutions run by the Texas Department of Criminal justice from other state departments. The Department runs a number of institutions and halfway houses that are located all over the state. Some juvenile detention centers are run by private operators. However, the department is responsible for inspecting these facilities and keeping records. At the beginning of the year 2015, the department ran 47 public and 2 private pre-adjudication centers, and 31 public and 3 private post-adjudication centers. The department supervises a number of contact centers and provides continuum care of young people who are returned to the community.

TJJD has given vast attention to its staff. Various officers, especially those who are in direct contact with the offenders and their families, are exposed to physical and emotional harm due to the nature of their jobs. The department must ensure that it maintains the safety of its employees. In return, the employees are expected to remain accountable and perform their duties with diligence. In the interviews, the three respondents indicated gratification with the reforms that followed the merging of the functions of the two commissions and the formation of the department. They indicated that the amendments made to the family code have improved the perception of the community towards them. The also indicated that the reforms towards improving work environment of the employees have enhanced their ability to deliver better results at the workplace.

Practice and Procedures of the Department

By the end of 2013, the department had 1109 youths in high security facilities. Individuals are confined in different facilities depending on factors such as their need for treatment, risk of violence, proximity to their home among other factors. Halfway houses are equipped and staffed to serve the young at reentry to the community (TJJD, 2014). They help them in effectively participating in work and school activities. Contact centers are set up by different providers for a variety of services. They offer a number of young offenders programs and residential treatment areas among other services. Parole services are coordinated by the department and other partners to ensure that the youth offenders are integrated into the community once they get released from the facilities. The care provided under this service include surveillance and regular unannounced visits to the young people in their places of work, school or residences by parole officers. This is meant to ensure that the education and treatment given to the young offenders benefits them and the community in which they exist.

Texas Juvenile Justice Department engages in a number of programs within its facilities and in the community. Other services and programs are disseminated through the community. Evidence-based Approach to Integrated Treatment focuses on probable reoffenders. These programs are meant to provide them with intense treatment by increase the responsiveness of staff members to the individual needs of the juvenile offenders. Secure facilities and halfway house operations are meant to ensure that the programs implemented in the department and the community are effective in rehabilitating the young people and reintegrating them back into the community. They provide medical care, clothing, food, hygiene educational support and ensure that the juvenile offenders remain in contact with their family members (TJJD, 2014). The young people are taught how to manage their needs, emotions and solve problems.

Positive behavior intervention and support is a framework used in developing proactive systems to align the behavior of the young people to the needs of the society. It is in place to ensure that adaptive prosocial behavior is imparted to the young people. The framework provides for procedures involved in the detection, prevention and intervention on antisocial behavior (TJJD, 2014). The young people are taught to adapt to the needs and expectations of the labor market through the workforce development plan. The department works closely with the state and local employees to ensure that the offenders are adapted to respond to the needs of the labor market.

Comparison between TJJD and FJJS

The state of Texas initially tried to balance between restorative and distributive justice for juvenile offenders. This changed after the realization that retributive justice did more harm than good to the society. In contrast, before 2001, Florida had always concentrated on restorative justice for the young offenders. The Florida Department of Juvenile Justice (FJJS) was created in 1994 and took over juvenile delinquency from the Department of Health and Rehabilitative Services. The “tough love” legislation was enacted in 2001 to put in place a structure that tends towards punitive juvenile criminal justice. This law shifted the functions of the department from the jurisdictions limited to the boundaries to five program offices. The offices established do not however reflect the punitive aspect of the justice system. These are prevention and victim services, probation and community intervention, residential services and administrative services (FJJS, 2017). Therefore, the Florida Department of Juvenile Services continues to offer services that reflect retributive justice to the juvenile offenders. FJJS does not incorporate private facilities in its structure like in the case of TJJS. Both FJJS and TJJS have been operating using strategic plans. These plans are almost synonymous. Some of the common aspects between them include education in high schools and tertiary institutions, health and human services, economic development, public safety and criminal justice, natural resource management and maintain the welfare of their employees.

Conclusion

The state of Texas has made effort towards putting in place an effective juvenile justice system. Youth offenders are special from adult ones due to different conditions that push them into crime. In addition, youth offenders are more likely to reform compared to adult criminals. It is therefore necessary that the authority in charge focuses on policies and programs that can reform them and reintegrate them back to the society. The positive responses from the interviews indicate that the scandal that led to the dismissal of the two commissions in 2011 has a turnaround for juvenile justice in Texas. The state and the TJJD have enacted and implemented laws and policies to improve the image of the department in the public through better outcomes. Much attention has been given to retributive justice. However, comparison between Texas and Florida reveals that both punitive and retributive justice are important in juvenile delinquency. The state of Florida noted that by concentrating on retributive justice alone, it increased chances of reoffending because the perpetrators were treated with privilege. On the other hand, the state of Texas felt that by concentrating on punitive justice, the families and communities were becoming less willing to cooperate because they felt that their children were being victimized. Therefore, Texas Juvenile Justice Department should try and balance between the two forms of justice.

References

Doug, S. (2007). "Sex abuse alleged at 2nd youth jail", Dallas Morning News, March 2, 2007. Retrieved from http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/030207dntextycchanges.ab878ff.html

Family Code. Title 5. The Parent-Child Relationship and The Suit Affecting the Parent-Child Relationship Subtitle E. Protection of The Child. Retrieved from State of Texas Database http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.261.htm

Florida Juvenile Justice Services. (2017). Basic Services by FJJS. Retrieved from FJJS website http://www.jjgps.org/juvenile-justice-services/florida

Harnsberger, R. S. (2011). A Guide to Sources of Texas Criminal Justice Statistics (No. 6). University of North Texas Press.

Texas Juvenile Justice Department. (2014). TJJD Strategic Plan 2015-2019. Retrieved from TJJD Database https://www.tjjd.texas.gov/publications/reports/RPTSTRAT201401.pdf.

Texas Juvenile Justice Department. (2017). TJJD Structure. Retrieved from TJJD Database http://www.tjjd.texas.gov/docs/TJJDOrgChart.pdf.

Texas Youth Commission. (2011). Home page. (Archive). Retrieved from Texas Youth Commission Website: http://www.tyc.state.tx.us/

Appendix I

Questionnaire

For how long have you worked with the department in this position?

………………………………………………………………………………………………………………………..

On a scale of 1-5 how can you rate the company’s role towards employee involvement. 1 means no effort at all while 5 means full support.

1

2

3

4

5

Which factors or activities are a threat to your safety and security?

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What role has your employer played in ensuring that they deal with these factors and that you are safe and secure?

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On a scale of 1 to 5, how can you rate the level of accountability within this department?

1

2

3

4

5

On a scale of 1 to 5, how can you rate the level of accountability within this department?

1

2

3

4

5

Did you work for either Texas Youth Commission and Texas Juvenile Probation Commission before the 2011 metamorphosis?

Yes

No

If the answer to the above is yes what are the most notable differences that the shift brought in in regard to the following aspects

juvenile delinquency

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the rate of reoffending

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facilities and resource available

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the collaboration between the department and the families and the community

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working conditions

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the collaboration between the detained youth or those on probation and you the service provider

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9. What challenges do you still face at work?

10. What can the department do to eliminate or reduce these challenges and improve the outcomes of detention/probation?