Transcript California Juvenile Felony Arrests and Juvenile Felony

Juvenile Justice
Law & Policy Update
Updates on DJJ realignment, 2011 parole shift, adult
court processing, state-local program funding,
new legislation, policy trends
Presented by: David Steinhart
PJDC Roundtable
November 6, 2010 – Sacramento
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CA Juvenile Justice Law & Policy Update
COVERAGE
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Update state juvenile arrest trend
Realignment Milestones- 1996 - 2010
Top end realignment: Adult court filing trends
Bottom end realignment: SB 81 update
2011 realignment: DJJ parole shift
County realignment response– funds, facilities,
programs
New legislation
Policy issues on tap for 2011
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California Juvenile Felony Arrests and
Juvenile Felony Arrest Rate Per 100,000
1995-2009
100,000
3000
87916
85640
82748
80,000
2500
76104
68503
63889 63993
60,000
65189 66191 65163
61539 60878 59871 61161
2000
58555
1500
40,000
1000
20,000
500
Total Juv. Felony Arrests (left scale)
20
09
20
08
20
07
20
06
20
05
20
04
20
03
20
02
20
01
20
00
19
99
19
98
19
97
0
19
96
19
95
0
Fel. Arrest Rate Per 100,000 (right scale)
Source: California Department of Justice
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California Arrests for Violent Crimes
Juvenile and Adult Arrest Rate Per 100,000
1995-2009
700
600
500
400
300
200
Juvenile
Source: California Department of Justice
2009Est
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1997
1996
1995
100
Adult
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CA Juvenile Justice Realignment
Major Milestones 1996 -2010
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1996: Sliding scale fees imposed for level V-VII
commitments– CYA population drops swiftly
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2000: Proposition 21 opens new doors to adult court
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2000: JJCPA provides counties with JJ program funds
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2004: Consent Decree in Farrell case vs. CYA– generates
program costs that are catalysts for SB 81
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2007: SB 81 bans future commitments of non-707 youth
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2010: DJJ parole is realigned to county probation
CYA/DJJ
POP
10,000
1,400
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“Top end” realignment:
California Transfers of Juveniles
to Adult Criminal Court 2004 - 2009
1400
1200
1000
800
600
400
200
1201
1123
929
654
866
724
1115
769
661
535
283
252
343
318
399
275
335
346
2008
2009
0
2004
2005
2006
2007
Juvenile court remand to adult court
Prosecutor direct file in adult court
Total transferred to adult court
Source: California Department of Justice
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Adult Court Dispositions of Juveniles – 2009
(N = 722 dispositions)
Convicted
611 (85%)
Dismissed,
Acquitted or
Rt’d to Juv. Ct.
111 (15%)
State Prison
361 (59%)
DJJ Commitment
3 (<1%)
Probation
13 (2%)
Probation with Jail
207 (34%)
Jail
10 (2 %)
Fine / Other
17 (3%)
Source: California Department of Justice.
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CA Juvenile Court Fitness Hearings - 2009
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Number of fitness hearings:
o
o
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On felony charges:
On misdemeanors:
488
387
101
Total found unfit for juvenile:
Total found fit for juvenile:
346
142
Source: California Department of Justice
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Adult court transfers– DJF Impact
More prison-bound youth in DJF facilities
June 30th population of “E” and “M” youth in DJF institutions
(Juveniles convicted as adults) - FY04/05 to FY 08/09
350
300
250
200
150
100
50
279
297
221
171
187
171
144
131
92
79
92
95
153
90
108
0
FY 2005 FY 2006 FY 2007 FY 2008 FY 2009
Criminal Court M cases (WIC 1731.5 state prison "housing" cases)
Source: CA Dept.
of Justice
Criminal Court E cases (direct prison commits awaiting transfer age)
Total state prison commitments in DJJ pop
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Adult Court Transfers:
“Top End” JJ Realignment
Implications of data
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More and more juveniles are being tried as adults
and sentenced to state prison – twice as many in
’09 as in ’05
The most serious juv. offenders are being carved
out of the rehabilitative system
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Category I Juv. Commitments to DJF in 2009 = 17
DJF commitments from juvenile court are
shrinking, DJF population of youth waiting to go
to prison is growing
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Downsizing CA State Youth Corrections
Legislative Realignment - SB 81
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Effective September 2007
Banned all future DJF commitments of “non-violent” youth
(“non 707(b) offenders”)
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Exception: non-707(b) sex offenders (PC 290.008 registration)
Phased all non-707(b) wards out of DJF institutions and
off the DJF parole caseload
Established the Youthful Offender Block Grant to pay
counties for local juvenile offender custody and care
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California Division of Juvenile Facilities
Institutional Population
1996 – 2009 (as of December 31 each year) and 9/30/10
9572
8599
8083
7666
7305
6497
5557
4696
SB 81
3678
2999
2647
2293
17341602
1335
9/30/10
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
10,000
9,000
8,000
7,000
6,000
5,000
4,000
3,000
2,000
1,000
0
Source: Ca. Dept. of Corrections & Rehabilitation
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CYA-DJF Institution
Closures Since 2000
CLOSED
FACLITIES
Rated
Capacity
Year
Closed
STILL
OPEN
Rated
Capacity
Fred Nelles
Karl Holton
NCRC
650
388
326
2003
2004
2004
Chaderjian
OH Close
600
379
DW Nelson
Paso Robles
433
690
2007
2008
SCRC
Ventura- M
Ventura- F
350
381
295
Stark
1200
2009
Total
2,005
Preston
720
June 2011
Total
4,407
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DJF First Commitments by Court of Commitment
and admissions of state prison (“M”) housing cases
Calendar Years 2004 – 2009, FY 2010
900
835
810
800
700
641
600
500
462
397
400
300
200
100
0
341
330
171
90
2
2004
92
74
53
6
2005
6
2006
158
120
5
2007
5
2008
3
2009
2
FY 2010
Juvenile Court (DJF commitment)
Criminal Court (sentenced to prison, housed in DJF to age 18)
Criminal Court (direct DJF commitment)
Source: CA Division of Juvenile Facilities, Research Branch
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Reasons for declining juvenile court
commitments to DJF
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Realignment of non 707s to counties (SB 81)
Continuing declines in arrests for serious/violent
crimes
Adult court processing– most serious juv. cases
are going to adult court & state prison
Some counties have avoided DJF, developed alt.
dispositions for their 707s
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DJJ Average Institutional Length of Stay
Juvenile Court Commitments
(ALOS in months, 1996 – 2009)
43
38
37.3
33
28
23.4
23
18
FY 08/09
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994
Length of stay in months
Source: CA Division of Juvenile Facilities, Research Branch
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2010 DJF Parole Realignment:
Key elements (AB 1628)
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New parolees as of Jan. 2011 shift to county supervision
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Committing court to hold “re-entry dispo hearing” prior to
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DJJ jurisdiction terminates on discharge to local court
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Local court sets conditions of release supervision–
discharge from DJJ
 DJJ transports ward to the local court
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State funds: $15,000 per parolee ($115K for custody)
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JPB release recommendations to be “incorporated”
Conditions must be “consistent with Evidence Based Practices”
Funds must be spent on “evidence based” interventions
Caseload size?
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FY 09/10: 911 wards were released on parole, 445 were returned to DJF
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2010 DJF Parole Realignment:
Violations & New Sanctions (AB 1628)
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Violations/revocations-- determined by local court
(for wards released after 1/19/11)
 “Modification hearing” within 15 days of detention
 Counsel and other due process rights apply
 Standard of proof? Likely, preponderance of evidence
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New sanctions for “serious” or “repeat” violations
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Commitment to juvenile facility if age appropriate (WIC 208.5)
Up to 90 days county jail if over 18
Return to DJJ institution: min 90 days, max 1 year
Interim rule– violations by youth paroled before 1/19/11
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Youth already on parole remain subject to JPB revocation process
and “LH” protections (707 b & sex offenders only)
On 9/30/10 there were 1,593 wards on the total DJF parole caseload
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SB 81 realignment:
County responses & program development
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Picture remains fragmented due to…
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Lack of statewide data: SB 81 did not require counties to
submit plans or report how they spent YOBG funds.
This changed in 2009– legislation now requires annual county
YOBG plans and spending reports to go to CSA
Where is the shifted (non 707b) caseload going?
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Juvenile hall commitments are increasing, with longer stays
Dedicated camp programs -- e.g. Challenger camp in L.A.
Older parolees may be banked on adult probation
Based on May 2010 plans filed @ CSA, a wide range of
assessments and services are being deployed to SB 81 youth
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Youthful Offender Block Grant
County Allocations
10 largest for FY 09/10 (in $ millions)
L.A.
$22.0
S. B'do
$8.2
S. Diego
$7.7
Orange
$6.9
Riverside
$5.8
Sac'mento
$4.4
Alameda
$3.1
Kern
$3.1
S. Clara
$3.1
Fresno
$2.6
All others
$26.4
0
1
2
3
4
5
6
7
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
$ Millions FY 09-10
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SB 81: County FY 10/11 Plans Submitted to CSA
All Proposed YOBG Expenditures By Major Category
(Direct Service, Placements, Capacity Building)
PLACEMENTS- 19%
(Juvenile Hall, Camps,
Group care, etc.)
19%
62%
20%
CAPACITY BUILDING 20 %
(Administration, salaries,
Equipment, training, etc.)
DIRECT SERVICE- 62 %
(Assessments, Supervision,
Counseling, Aftercare, etc)
Source: Corrections Standards Authority
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DJF & realignment policy changes on
the front burner for 2011
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DJJ “time adds”– Almost gone in 2010, issue wont go away
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DJJ/JPB plan to revise PCDs (sentences assigned at intake)
and DJJ release criteria
o
YASI scores will determine assigned PCD, release decision
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Full shut down of DJJ? Not likely anytime soon
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State-local JJ funds (JJCPA, JPCF, YOBG) up for grabs in 2011
o
o
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Legislature must re-fund next year: VLF tax extension?
Evidence based program requirements?
The New Governor and the Politics of Appointment
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What can we expect?
 As candidate- tough-on-crime talk
 But calls for downsizing state prisons,
more services and success on parole
 As AG generally tough-on-gangs & crime
 As Oakland Mayor opened charter school –
military bootcamp for kids
 As Gov. (1978)– no big supporter of
juvenile justice reform– praised the Singapore
“spanking” model of youth discipline
 Death penalty- doesn’t favor it, vows to enforce it
Bottom line: No leftie on crime, but likely to support cost-reduction
proposals for prison downsizing, parole reform
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New 2010 Legislation of interest
See Commonweal Handout for expanded review of 2010 bills
Signed into law
AB 12 (Beall)- Foster & kinship care benefits
extended to age 21 for “nonminor dependents”
AB 2212 (Fuentes)- New procedures for
incompetent minors in delinquency court
Vetoed by the Governor
SB 1091 (Hancock)- Medi-Cal benefits for
incarcerated juveniles
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