DYS, PROBATION & COVID-19

Department of Youth Services:

Non-profit agencies contracted by DYS to provide congregate care services are subject to EOHHS guidance above.

DUE PROCESS/EXPEDITING RELEASE

In light of court closures, DYS issued emergency guidance on expediting virtual court hearings for juvenile arraignment, bail, or dangerousness hearings:

  • DYS worked with CPCS to develop guidance on youth-attorney communications to allow for more youth-attorney visitation to the telephone.  Attorney visits are allowed with screening protocols.  DYS is working on enhanced confidentiality of attorney-client telephone calls. Restrictions on in-person meetings will be implemented if a youth or attorney is symptomatic to make alternate arrangements.

  • Developed protocols on overnight arrests requiring the DYS regional coordinator to connect to the child’s attorney and prosecutor with the child’s arrest information to expedite court hearings.

  • DYS’s General Counsel facilitates the meeting of bail conditions: family payment of bail, or coordinating with DCF when child’s condition of release is “release to DCF”.

  • Youth in DYS care and custody shall have access to their attorneys in person or via telephone.  Protocols are set up to schedule attorney meetings to screen attorneys for symptoms. 

COMMITTED YOUTH IN RESIDENTIAL/SECURE SETTINGS

Youth who are within 100 days of their projected release date can be considered for early release on a Grant of Conditional Liberty.  

DYS issued an advisory setting certain criteria for the youth they consider to be good candidates for early Grant of Conditional Liberty (release into community supervision):

  • The youth has an approved living arrangement with family or other living situation approved by DYS

  • The youth is making or has made progress on their treatment plan, and the treatment team identifies them as a good candidate to return to the community

DYS is working with CPCS to identify youth who would benefit from attorney representation to access expedited the release-to-community option.  It is important to note, that approximately half of the youth committed to DYS are held in secure facilities and the other half are serving their commitment in the community (over 200 in each setting).  Expedited release into the community does not change the youth's sentencing and length of commitment to DYS.

Defense attorneys and prosecutors are negotiating case by case on conditions of release in light of SJC limits on release on GPS monitoring. Expediting the release of youth with a history of default or running away is challenging under this model. (Note: on March 25th, the Juvenile Court designated bail hearings as emergency matters)

FAMILY ENGAGEMENT

There was an average of 677 family visits per month, prior to the state of emergency, due to strategic expansion of family engagement.  All in-person visitation (except attorneys) is temporarily suspended. DYS is rolling out iPads for youth to visit with family and to facilitate court hearings. DYS issued emergency guidance on virtual family visits allowing youth at least three one-hour virtual visits (on FaceTime, Skype, or WebEx). Virtual family visits will not be withheld as a disciplinary measure.

PROGRAMMING AND SERVICES

  • Education: In-person education is suspended.  Students enrolled in online (post-secondary) classes are continuing. Beginning March 23rd, youth are provided weekly enrichment packets developed by general education teachers. DESE Special Education in Institutional Settings (SEIS) teachers reviewed to assist special education students. DYS is currently moving towards remote “educational enrichment” using Google Classroom to view assignments developed by subject matter teachers. General education, special education, and literacy specialists are meeting daily to plan remote learning. As of March 30, 2020, six programs were ready for a ‘soft launch’ of the Google classroom. 

  • Recreational consultants are developing activities for youth incorporating social distancing

  • Medical and clinical services are maintained (in person)

  • DYS’s suicide watch policy is in effect, with protocols by medical staff

COMMUNITY SUPERVISION

Over 200 committed youth are in community supervision and a daily average of 142 youth are receiving voluntary services after discharge. DYS issued caseworker guidance on community supervision: Caseworkers use electronic or telephone “visits” and are accessible to youth and families by telephone. Regional offices are open with skeletal staff for walk-ins. Levels of supervision depend on a youth’s risk of re-offending as determined by the Youth Level of Service / Case Management Inventory (YLS/CMI):

  • Level 1 require two face-to-face contacts with caseworker per month.

  • Most youth fall in Level 2 - which requires one face-to- face contact with the caseworker per week (supplemented by collateral contacts and contacts with community contracted staff).      

  • Level 3 - the highest level of supervision - requires two face-to-face contacts per week. 

Youth receiving voluntary services (YES program) would be moved to electronic contact unless there is a situation that arises that is best served through an in-person visit.

PUBLIC HEALTH PROTOCOLS

  • Physical facilities:  Issued guidance around enhanced cleaning every three hours

  • Suspected virus cases in staff: remain home

  • Suspected virus cases in youth:  youth are placed in medical isolation in open living units and door is kept closed to allow them to recover (unless there is concern for self-harm) with dedicated staff supervision. Youth who come into close contact with a person with a confirmed or suspected COVID-19 diagnosis is placed in medical quarantine for 14 days.

  • Rooming: each youth has their own room, there is no double-bunking.

  • All staff and any visitor entering a DYS facility with screening questions and taking temperature. All youth newly entering a DYS facility will be placed in medical quarantine for 14 days prior to placement in the general population.

  • Education of youth and families on social distancing and other public health protocols. (in progress)

Former DYS Commissioner Jane Tewksbury signed a national letter of Youth Correctional Leaders with recommendations for state agencies that detain and incarcerate youth. Some of these recommendations are:

  • Release youth who can be safely cared for in their homes and communities.

  • reduce the number of young people who are in contact with their systems.

  • Identify and separate youth with pre-existing medical conditions that put them at high risk.

  • Ensure connection to family and loved ones and equip and instruct facility staff, including probation, aftercare officers, and case managers, to contact all families to provide regular updates and information about the safety and well-being of their children.

  • Continue to operate schools in facilities and replace any activities or programs typically run by outside volunteers or service providers to ensure days are filled with positive activities.

PROBATION:

Massachusetts’ Probation Services oversee 61,000 youth and adults. Commissioner Dolan stated that MPS’ Covid-19 response follows the following goals:

  • Minimize in-person contact: “Infield” supervision by staff suspended and moved to administrative supervision (telephone and collateral contacts). In-person supervision limited to emergency purposes (GPS monitoring limited)

  • Prioritize MPS action to the identifiable risk of harm

  • Minimize detention demands due to Violations of Probation or surrender: MPS authorized to make Violation of Probation enforcement decisions on all but new arrests.  Staff directed to limit VOP’s to an imminent threat to others.  Staff must confer with supervisors regarding issuing VOP’s due to other concerns.

  • Find alternatives to service conditions rather than enforce to reduce noncompliance: Individuals not meeting conditions due to diminished access to services will not be considered a violation.

  • Support individuals on probation to address social and financial hardship due to the pandemic.

The Trial Court issued an emergency administrative order regarding the judicial imposition of conditions of probation:

  • Adult and juvenile defendants who are subject to drug testing as a condition of probation are still subject to those conditions, however, Probation staff will no longer be conducting these tests.  Defendants will be required to submit to testing to contractors or make alternate arrangements.

  • Defendants ordered to submit DNA are not required to until further notice.

  • Court-based reporting and Office of Community Correction services are temporarily suspended.

Separately, Massachusetts Probation Commissioner Ed Dolan signed onto a national letter of Probation and Parole executives with recommendations to reduce the impact of community supervision to spread the virus (not all are included in the above Trial Court emergency order):

  • Immediately limit office visits for people on parole and probation

  • Suspend or severely limit technical violations for the duration of the coronavirus crisis

  • Reduce intake onto probation and parole to only those who absolutely need to be under the supervision

  • Reduce the terms of probation and parole to only as long as necessary to achieve the goals of supervision

  • Train staff to provide clear, accurate, and understandable information to probation and parole clients