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Rhode Island Department of Children, Youth and Families
Department Operating Procedure
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Effective Date:
July 10, 2019
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Page 1 of 11
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Revision History:
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Section:
Rhode Island Training School
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Title:
Community Access Passes
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Related DOPs:
· Electronic Monitoring; DOP: 800.0025
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Related Forms:
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· Reentry Court Community Pass Agreement Form
· Community Pass Plan & Itinerary
· Reentry Court Parent/Guardian/Approved Natural Support Community Pass Agreement Form
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I. PURPOSE
The Rhode Island Training School (RITS) partners with the Rhode Island Family Court in the establishment of a Rhode Island Reentry Court. The RITS treatment teams work collaboratively with the Family Court, community partners, families, and youth to develop appropriate transition plans for each youth as they work toward behavioral change while under sentence at the RITS. Reentry Court allows for the close supervision of each youth’s progress while under sentence, to assist youth in a gradual reentry plan back to the community and allows for the consideration of an amendment to the youth’s sentence with continued progress and demonstration of change.
This Department Operating Procedure establishes the eligibility and conditions of community access passes for adjudicated youth and the responsibilities of community and staff responsible to monitor youth participating in the community access pass program.
II. TERMS DEFINED
“Administrative Review Board (ARB)” means a board comprised of three voting members, all of whom are administrators/designees, one from probation, and two from the RITS, including one from education. ARB oversees the Administrative Review Meetings which reviews a youth’s progress and makes recommendations for next steps. Other participants of the meeting may include the youth, unit manager, clinical social worker, juvenile program worker, transition probation officer, and the individual clinician.
“Administrator on Call (AOC)” means the Juvenile Correctional Services Administrator who is responsible for addressing operational concerns at the Rhode Island Training School after regular work hours and on holidays and weekends.
“Breach” means that the youth’s actions violates the rules of a community or family time pass.
“Clinical Social Worker (CSW)” means the clinical social worker assigned to each housing unit (mod) at the RITS responsible to meet with each resident and develop a service plan to include rehabilitative services.
“Community Access Plan” means the recommendation from the Treatment team and the youth’s proposed itinerary that is submitted to the Reentry Court Magistrate for consideration and approval.
“Community Pass” means a pass that permits a youth to leave the RITS to visit with family or for employment or to pursue educational opportunities with the approval of the Reentry Court Magistrate.
“Community Provider/Partner” means the agency contracted by the Department to support youth who are participating in Reentry Court.
“Electronic Monitoring (EM)” means the device that is placed on a youth to monitor their whereabouts/movements in the community while on probation or awaiting adjudication, or in reentry court. Youth utilizing these devices are monitored 24/7.
“Electronic Monitoring Provider” means the provider who is responsible for delivering electronic monitoring services.
“Family Team Meeting” means the meeting held with the family and/or natural support of the youth along with the appropriate Juvenile Correctional Services staff and/or community provider (if applicable).
“Itinerary” means the detailed agenda that includes the youth’s whereabouts when he or she is out in the community on a pass and includes time frames, addresses, and who is responsible to supervise the youth.
“Juvenile Correctional Services (JCS)” means the division of the Department of Children, Youth, and Families that works with youth who are in Family Court for various status, wayward, and delinquency petitions. Two main groups comprise the division: the Rhode Island Training School and Juvenile Probation.
“Escape” means a youth has departed from the custody of staff (JCS worker, home, provider) or fails to return to the facility from a pass or community access time.
“Family Time” means the time that youth can spend out in the community on a pass with a family member or other natural support.
“JCS Staff” means the Juvenile Probation staff and RI Training School staff.
“Natural Support” means the relative, mentor, or community provider who provides support for a youth.
“Reentry Workbook” means the workbook that youth must be working on before receiving a family time or community pass.
“Relapse Prevention Plan (RPP)” means the plan developed with youth which focuses on targeted treatment issues that may arise and details coping strategies that youth can utilize to mitigate those issues.
“Restorative Justice” means the philosophy of criminal justice that seeks to understand and repair the harm that was done in a given situation, with a focus on restoring the victim and repairing damaged relationships, rather than on punishing the youth.
“Restorative Justice Programming” means the programming provided at the Rhode Island Training School that youth must be engaging in before being eligible for Reentry Court.
“Rhode Island Training School (RITS)” means the State of Rhode Island’s secure juvenile corrections facility.
“Shift Coordinator (SC)” means the staff member responsible for monitoring and coordinating staffing, movement, internal and external security, safety and communications systems at the Rhode Island Training School (RITS).
“Tiers” means the level of passes that a youth can earn. There are six tiers of passes.
“Transition Probation Officer (TPO)” means the Probation Officer assigned to the Transition Unit.
“Treatment Team” means the treatment team for each unit at the RITS, which consists of the unit manager, a clinical social worker, and a designated juvenile program worker.
“Unit Manager (UM)” means the staff person who has oversight of the youth that reside in their housing unit (Mod). This person serves as head of the treatment team and may also be referred to as a cottage manager.
III. PROCEDURE
A. Community Access Passes
1. There are three types of community passes for which a youth may be eligible:
a. Family Time – There are six tiers of Family Time passes (refer to Section G.1.a.-f.).
i. Youth must complete at least one pass at each level before moving on to the next tier.
ii. All tiers have accountability requirements and supervision plans.
iii. Accountability requirements and supervision plans are outlined in the youth’s pass itinerary and include phone calls and in-person check-in requirements.
iv. For every pass, youth and parent/guardian or approved natural supports are required to make phone call checks-ins to the Shift Coordinator’s office.
v. While on a Family Time pass, the parent/guardian may contact the RITS medical clinic for consultation on any non-emergency medical issue between the hours of 7 am and 11 pm.
vi. In the event emergency medical care is needed, the parent/guardian arranges for the youth to be transported to an emergency department of a local hospital and then notifies the RITS of the situation.
b. Community Transition Time (with JCS Supervision)
i. Youth can earn a Community Transition Time pass to prepare for transition and to further their rehabilitation. Such opportunities include job readiness, job searching, life skills development, vocational training, restorative justice, and community service. Additional opportunities are reviewed with the youth’s treatment team as possible options for consideration.
ii. JCS staff or a community provider maintain constant supervision of youth on a Community Transition Time Pass.
c. Education and/or Vocational Time (without JCS Supervision)
i. Youth can earn passes to partake in a vocational program, work at a job, or participate in an educational program.
ii. Youth must meet eligibility criteria for community access, as described in Section D.
iii. Youth must adhere to electronic monitoring requirements.
iv. The treatment team meets before an Education and/or Vocational Time pass is approved to review the itinerary. Itineraries are specific and identify who is responsible for supervising the youth on the pass.
v. Youth must sign the Community Access Pass Plan & Itinerary and Reentry Court Community Pass Agreement Form before participating in this type of pass.
2. Youth must meet the eligibility criteria for a referral to Reentry Court as outlined in this Operating Procedure and receive approval from the Family Court to obtain any type of community pass.
3. Community Access Passes are earned on a gradual basis and are approved based on youth’s overall behavior, engagement, and progress in treatment and programming, and other established criteria as detailed in this Operating Procedure.
4. The Reentry Court Community Pass Agreement Form and all relevant paperwork is reviewed and signed before each pass.
5. The Reentry Court Community Pass Agreement identifies general rules for passes, behavior expectations, and rules specific to a youth’s pass.
6. The approved natural support must sign the Reentry Court Parent/Guardian/Approved Natural Support Community Pass Agreement Form regarding expectations and supervision requirements for the youth’s Community Access Pass.
7. Youth may have more than one pass at any tier level, case dependent. Some youth may never make it through all of the tiers while at the RI Training School.
8. Youth and the parent/guardian or approved natural support must meet with JCS staff and/or a community provider during the pass.
B. Eligibility for Referral to the Administrative Review Board (ARB)
1. Discussion of reentry starts at the beginning of a youth’s sentence at the RITS.
2. The reentry criteria are reviewed with the family at the initial treatment planning meeting, and the family is provided a copy.
3. An adjudicated youth is eligible for a referral to the Administrative Review Board (ARB) if he or she meets all the following criteria:
a. Completed at least 50% of his or her sentence;
b. Demonstrated active participation and engagement in Restorative Justice Programming;
c. No substantiated disciplines for at least six weeks;
d. Not under investigation by law enforcement and/or does not have pending adult or juvenile charges;
e. Earning a weekly average of 80 points for six weeks and maintaining at least a Level 3;
f. Positive school behavior and academic performance (as indicated by school points);
g. Engagement in treatment and progress toward treatment goals (SAVRY);
h. Working on Reentry planning workbook; and
i. Has completed an initial Relapse Prevention Plan.
4. The unit manager and clinical social worker track each youth’s criteria within their assigned Mod.
5. The reentry coordinators, consisting of one RITS staff and one probation staff, monitor each youth’s progress toward meeting the criteria for eligibility to Reentry Court.
a. The reentry coordinators consult with the assigned unit manager and clinical social worker to review the information and submit the youth’s name to the Superintendent if a youth is identified as meeting the eligibility for referral criteria but has not yet been referred.
6. RITS staff must provide the unit manager, clinical social worker, and the reentry coordinators updated information regarding the youth’s progress towards meeting eligibility criteria for all the youth in their units.
7. If a youth meets the criteria above, the treatment team confers with the youth, and family as appropriate, to confirm the youth’s interest in obtaining a Community Access Pass.
8. Once confirmed, the Treatment team refers the youth’s case to the Administrative Review Board (ARB) for consideration for a referral to the Reentry Court.
a. The treatment team provides the ARB with a written report supporting the youth’s eligibility for Reentry Court which includes pertinent information about a youth’s case, his/her status, a copy of the treatment plan, and updates regarding the youth’s overall progress at the RITS.
b. An initial transition plan and Relapse Prevention Plan (RPP) may also be presented.
9. The ARB reviews the information packet and consults with the treatment team and the youth to determine the youth’s readiness for a referral to the Reentry Court.
a. The ARB issues a written recommendation regarding the referral to Reentry Court.
b. The ARB forwards its recommendation and the referral information to the Superintendent/Designee for consideration.
10. If the Superintendent approves the recommendation of the ARB, the Superintendent or his/her designee notifies the Office of the Attorney General and the youth’s attorney of the decision to refer the youth to the Reentry Court at least 48 hours prior to the filing of an application with the Family Court to assign the youth’s case to Reentry Court.
C. Reentry Court Approval
1. Upon Family Court approval to assign the youth’s case to Reentry Court, the Superintendent informs the unit manager and the clinical social worker of the Court’s decision.
2. The RITS presents a written report as well as a copy of the Community Access Plan & Itinerary to the Reentry Court Magistrate before the first court hearing.
3. The unit manager or the clinical social worker shares the information with the youth and family. Youth accepted into Reentry Court must sign the Reentry Court Parent/Guardian/Approved Natural Support Community Pass Agreement Form.
4. Copies of the approval documentation are sent to the Office of the Attorney General and the youth’s attorney.
D. Eligibility to Obtain a Community Access Pass
1. Youth who have received Reentry Court approval to obtain a Community Access Pass must meet the following criteria to receive a pass:
a. Maintain initial criteria status for referral to the ARB as outlined in Section B.
b. Fully engaged in RITS programming.
c. Consistent progress toward SAVRY treatment goals as determined by the Treatment team. Youth must have either a “Moderate” or “Low” risk rating on the SAVRY assessment/reassessment to earn overnight passes.
d. Participated in at least three family sessions, ideally in person; however, exceptions can be made. Additional sessions may be required based on family needs and progress.
e. No substantiated disciplines within the past six weeks.
f. Completed his or her Relapse Prevention Plan.
g. Completed his or her Restorative Justice Programming within the RITS.
h. Completion of a safety plan, as appropriate.
2. The youth’s family must demonstrate commitment and involvement in the youth’s programming as verified by the treatment team (participation in meetings, visitation, phone calls) for a youth to obtain a Family Time Community Access Pass.
3. Exceptions may be made to grant youth community access if all the previously stated criteria are not met for the sole purpose of obtaining state identification, pre-enrollment meeting for an educational program, or a job interview.
a. In such instances, the youth is always supervised by JCS staff, and the youth is not required to wear an Electronic Monitoring Device.
b. The treatment team will request permission from the Superintendent for such access. Family Court permission is also needed.
4. Even if the youth meets all the criteria for a Community Access Pass, the treatment team exercises discretion as to whether that youth should have access to the community based on safety issues and progress in treatment.
5. Youth must obtain a recommendation from the treatment team for consideration of a Community Access Pass. This recommendation is presented to the ARM as part of the approval process for a Community Access Pass.
a. All referrals for the commencement of community access are reviewed by the Administrative Review Board.
b. The ARB reviews the recommendation and decides whether to grant the youth a Community Access Pass and if so, which type of community access.
6. The referral to the Administrative Review Board (ARB) includes a specific plan regarding the type and time frame of community access recommended.
7. The ARB submits a recommendation to the Superintendent regarding the appropriate level of community access for the youth.
8. The Superintendent reviews the recommendation of the ARB and either approves, modifies, or overrules the recommendation of the ARB.
9. If approved, the Superintendent submits a recommendation to the Reentry Court Magistrate at the Reentry Court. The recommendation includes the community access plan and the youth’s proposed itinerary.
10. This recommendation is reviewed in the Court hearing. If approved, a family team meeting is held for additional planning before the youth begins community access.
11. The Magistrate decides whether to approve the recommendation for community access.
12. The court approves Community Access Plans on a bi-weekly basis; therefore, recommendations for two weeks of passes are presented at the court hearing when appropriate.
13. In the event there is a change in the youth’s community access plan after the Magistrate has approved the plan, the Superintendent refers the matter back to the Magistrate and seeks court approval to modify and/or revoke the community access plan at the next available Reentry Court Hearing and/or by any party filing the appropriate motion with the court.
E. Issuance of a Community Access Pass
1. The treatment team convenes a family team meeting with the youth and supportive natural support (family, kin, natural supports, mentor, service provider) to develop a Community Access Plan.
a. The actual time approved for a pass is set at the family meeting and is based on youth’s progress, plan for the pass, and natural support’s time availability.
b. A family team meeting/home visit must occur at the family home for the issuance of a Family Time Community Access Pass, Tiers 2, 3, 4, and 5.
i. At minimum, the community partner and Transition PO are required to be at the home for this meeting.
ii. A representative of the RITS Treatment team is encouraged to attend as appropriate.
iii. RITS staff who are unable to attend the family team meeting will participate in the meeting via a conference/video call.
iv. In the event the youth does not have a family member/guardian, the treatment team arranges a meeting with the youth’s approved natural supports.
c. Future family team meetings occur in the community, preferably in the family home if appropriate, throughout the progression of Tiers. These meetings are scheduled on an as-needed basis.
d. This Community Access Plan is forwarded to the Magistrate for his or her approval.
2. A Community Access Plan and Itinerary for the pass is developed which includes identifying the approved natural support, transportation plan, and accountability and supervision plans.
3. All parties sign the relevant paperwork, including Reentry Court Community Pass Agreement Form, approved itinerary, parent agreement form, and Electronic Monitoring documents.
4. Copy of plans and contracts are provided to the family.
5. If approved, the Magistrate issues the youth a Community Access Pass.
6. Youth receive a picture ID and all necessary contact numbers to carry on his/her person at all times.
7. Youth must always carry a copy of the approved pass itinerary on his/her person.
8. Youth must follow established protocols for processing out of the RITS before leaving the RITS on a Community Access Pass.
F. Medical Summary
1. The treatment team consults with the nursing staff to obtain a medical summary to document any relevant medical conditions, medications and other treatment considerations for a youth receiving a Community Access Pass and which could be used for the youth, family and community providers as a guide for any medical treatment needs.
a. The medical summary is completed by nursing or consulting medical providers and includes specific medical orders pertaining to medication and treatment for the youth while on a community pass.
b. The nursing staff participates in the team meetings before the issuance of a Community Access Pass to review medication dosages and to answer any questions/concerns.
c. The medical summary is provided along with any necessary medications or medical equipment to the parent or approved natural support at the time of the community pass, with a signature obtained from that individual indicating that he/she has received the information and was offered the opportunity to ask questions.
G. Family Time Community Access Pass Accountability and Supervision Plans
1. Tiers
a. Tier 1 – up to a 2-hour pass – Youth and the parent/guardian and/or approved natural support must make a phone call check-in every 60 minutes. JCS staff (as authorized by the Superintendent or the Executive Director of Juvenile Correctional Services) and/or community provider complete an in-person check-in at least once during the pass.
b. Tier 2 – up to a 6-hour pass – Youth and the parent/guardian and/or approved natural support must make a phone call check-in every hour unless otherwise specified. JCS staff and/or community provider complete at least one random, in-person check-in during this pass.
c. Tier 3 – up to a 10-hour pass (partial day pass) – Youth and the parent/guardian and/or approved natural support must make a phone call check-in every three hours unless otherwise specified. JCS staff and/or community provider complete at least two in-person check-ins during the pass.
d. Tier 4 – up to 24 hours (one overnight) – Youth and the parent/guardian and/or approved natural support must make a minimum of two phone call check-ins at the time specified in the pass plan. JCS staff and/or community provider conduct in-person checks on two occasions, at minimum. Community provider completes a curfew check in addition to the random check-ins during the day.
e. Tier 5 – up to 48 hours (two consecutive overnights) – Youth and the parent/guardian and/or approved natural support must make at least two phone check-ins per day, as specified in the pass plan. JCS staff and/or community provider complete a minimum of two in-person check-ins per day. Community provider completes a curfew check in addition to the random check-ins during the day for each night the youth is on a pass.
f. Tier 6 – extended holiday passes as recommended by the Superintendent to the Family Court Magistrate – Plans for phone call check-ins and in person check-ins are the same as for Tier 5, at minimum, and are finalized at the team meeting.
2. The RITS contracts with a community provider agency that is available 24/7 for any crisis intervention/support that is needed. This is in addition to the coordinated unannounced in-person check-ins. Should the community provider have any client-related emergencies/concerns after regular business hours, the provider contacts the RITS Shift Coordinator who then contacts the Superintendent or his or her Designee.
3. The Clinical Social Workers share treatment plans and goals as well as any areas to be monitored with the community provider and other JCS staff who are providing supervision during the passes.
H. Electronic Monitoring
1. A youth on a Family Time or Educational/Vocational Time pass is required to cooperate with electronic monitoring requirements. All youth on Family Time passes must adhere to an 8 pm curfew.
a. JCS staff place Electronic Monitoring devices on all youth before being granted temporary release from the grounds of the facility.
b. Plans for enrollment activation and deactivation are finalized at the family team planning meeting.
2. During the family team planning meeting, JCS staff review with youth and parent/natural support/natural support the Electronic Monitoring protocols and guidelines and obtain signatures for all necessary forms and complete the required documentation.
3. Upon youth’s return to the RITS from pass/community access time, JCS staff unenroll youth from the EM database and remove and deactivate the EM device. JCS staff also complete a thorough inspection of the equipment for any damages.
4. The EM contract provider monitor the youth’s EM movements. The Shift Coordinator (SC) is notified of any violations. The Shift Coordinator informs the Superintendent, who notifies other JCS staff as indicated on the youth’s pass itinerary. JCS staff responds to violations per DOP: 800.0025; Electronic Monitoring.
5. The Superintendent assesses the situation and considers whether the EM violation warrants a request to revoke the youth’s Community Access pass.
I. Post Community Access Pass Follow-Up
1. JCS staff and the community provider complete a written feedback form to the treatment team regarding any in-person or phone conversations they had with the youth and or natural support during the pass. Forms are submitted by the end of the day upon completion via email to the unit manager, clinical social worker, Superintendent, or the Superintendent’s Designee.
2. After each pass, the staff completing the check-in of youth back to the facility complete a brief check-in with the parent/guardian and/or approved natural support and the youth and submits the documented results to the treatment team. The Superintendent or his or her designee is notified of any immediate concerns.
3. The treatment team conducts additional follow up with the youth and natural support/parent/guardian separately to process how the pass went and to assist with planning for the next pass. The unit manager and clinical social worker review all feedback forms and addresses any noted concerns.
4. Nursing staff participates in the initial check in back to the facility to screen for any immediate medical concerns requiring off-site transport for medical clearance. Basic screening includes a brief interview, a check of vital signs, a urine tox screen, collection of any medical equipment or medications being returned, additional exam or labs as per nursing judgment, referral to on-site medical providers for non-emergent medical concerns if necessary, and documentation in the medical chart.
J. Criteria for Exclusions from Community Access Passes
1. Youth is in crisis or special watch as identified by treatment team.
2. There is documented evidence of youth violated terms of a previously issued Community Access Pass.
3. Youth is under investigation for pending charges.
K. Violation of Terms of Community Access Pass Contract
1. The following behaviors result in an immediate request to revoke a Community Access Pass:
a. New charges;
b. Use of Drugs/Alcohol/Non-prescribed medication;
c. Misuse of prescribed medication;
d. AWOL – any amount of time;
e. Curfew violation – more than 10 minutes;
f. Verified Electronic Monitoring violation;
g. Violation of No Contact Orders/Restraining Orders;
h. Safety concerns – self, others, community, including weapons possession; or
i. Any parent behaviors that would jeopardize the health/welfare of the youth that would justify the youth’s pass to be rescinded, therefore, requiring the youth to be immediately returned to the RITS.
2. If the Reentry Court Magistrate or the Judge approves the request to revoke the community pass the Superintendent/designee arranges the youth’s return to the RITS. RITS staff contact the State and/or local police departments for assistance with transport if necessary. If deemed safe and appropriate, the youth may be returned to the RITS by the approved natural support, community provider or JCS staff, without police assistance. The RITS may assign two JPWs to respond to the location of the pass, with the assistance of the State or local police department, when applicable.
3. In the event the Superintendent seeks authorization to revoke the community access pass, the Superintendent notifies the Office of the Attorney General and the youth’s attorney as soon as possible, and any changes to the youth’s community access are reviewed at the next Reentry Court hearing.
4. Any youth subject to return to the RITS because of a revocation of his or her community pass by order of a Family Court judge or Magistrate must be medical cleared.
5. Any violation of the approved Community Access Pass contract by the parent/guardian/caretaker/natural support and/or youth that is not listed above in Section K.1.a.-i. is reviewed immediately by JCS staff and/or the community provider.
a. If the violation is recognized during an in-person meeting, the JCS staff and/or community provider addresses the situation in real time with the youth, parent/guardian and/or natural support.
b. Consequences are determined, and a plan for the remainder of the visit is developed. The supervisor is consulted immediately if necessary to review options and to plan.
c. For any conflict that is occurring between the parent/guardian and/or natural support and the youth, a plan should be developed to resolve the conflict. Passes are maintained whenever possible, helping the family to address issues that may arise in the future. The community provider may assist with managing conflicts when they arise. If the provider on site cannot resolve the conflict and feels that the youth may need to return to the RITS, the Superintendent or the Superintendent’s designee is consulted.
6. Any violation of the Community Access Pass Contract is reported to the Superintendent or his or her designee as soon as possible.
7. If the Superintendent or his or her designee determines that there is a need to request an immediate revocation of the community pass, he or she contacts either the Magistrate or the duty judge (for after hour calls) and requests authorization to revoke the community pass. If the Judge or Magistrate approves the request to revoke the community pass, the Superintendent/Designee authorizes a plan for the youth’s return to the RITS.
8. A discussion with the family should occur immediately after the pass violation is reported to the Superintendent or Designee. Whenever possible, the Superintendent/designee requests that the community provider responds to the home (where the pass is occurring) to address the violations.
9. Notification of any of the following Community Access Pass Contract violations is made to the Superintendent or his or her designee immediately by phone and text message:
a. Missed phone call check-ins – more than 5 minutes late
i. The pass itineraries, including check-in criteria, for all youth in the community are kept in the Shift Coordinator’s office.
ii. If the youth misses a required phone call, the provider responsible for monitoring phone call check-ins contacts the youth to ascertain and update. The provider contacts the Shift Coordinator with an update, who informs the Superintendent/Designee. The Superintendent/Designee contacts the community provider as indicated on the pass itinerary, who immediately makes phone contact with the family. The provider staff calling the family decides the next steps (i.e., ending the pass or issuing consequences) based on the information obtained during the call. If necessary, JCS staff conduct an immediate in-person check-in, and/or utilize the Superintendent or the Superintendent’s designee for assistance in planning. If there is an agreement that the youth must return immediately to the RITS, the Superintendent/Designee contacts the Magistrate or the on-call Duty Judge to request the revocation of the community pass and coordinate a plan for youth’s return to the RITS.
10. Potential additional consequences may be established after a visit has been concluded and youth has returned to the RITS. Staff determines the impact the breach of contract will have on future pass approval.
