Transcript WHITE - Commonweal

JUVENILE JUSTICE REFORM
AND VIOLENCE PREVENTION
POLICY IN CALIFORNIA
TCWF Violence Prevention Conference
November 15, 2007 – San Francisco
A Summary of SB 81 Juvenile Justice Realignment
Provisions and Implementation Issues
Plus FY 07-08 State Budget Results for Violence Prevention Programs
Presented by David Steinhart
Director, Commonweal Juvenile Justice Program
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COMMONWEAL
SB 81: Juvenile Justice Realignment
OVERVIEW
 DJJ Population will be “downsized” to
about one half its current level
o Expect: 1,500 DJJ wards in 2 years (from 2,500 now)
 Non-violent juvenile offenders will stay in
county programs and facilities– No DJJ
 State will pay counties for new juvenile
disposition and aftercare programs
 DJJ will continue to accept serious- violent
offenders committed by county courts
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COMMONWEAL
SB 81: Why did we need it?
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COMMONWEAL
SB 81: How did it happen?
 Earlier realignment proposals failed
 Governors would not budge– united with
CCPOA/victims groups against CYA reform
 Counties did not support: “…not enough money”
 What was different in 2007?
 Governor ready to deal: COST DRIVEN DECISION
 Counties willing to play: IF THE MONEY IS RIGHT
 Lawmakers ready to change: DISCOURAGED ON DJJ
 Negotiations lead to SB 81 package (May ’07)
 Counties, Administration, Legislature agree on details
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COMMONWEAL
California Division of Juvenile Justice (CYA to 2005)
Institutional Cost Per Ward Per Year
1996 – 2007
$218,000
$200,000
$178,000
Farrell consent decree
$150,000
$115,000
$100,000
$92,545
$83,223
$50,000
$49,111
$63,961
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
$0
$43,565
$36,118 $39,425 $40,528
$56,247
Sources: CA state budgets, CA Dept. of Finance, CA CDCR-Div. of Juvenile Facilities
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COMMONWEAL
SB 81: What does it do?
CASELOADS AFFECTED
FUTURE COMMITMENTS
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“NON 707 (B)” JUVENILES CANNOT BE SENT TO DJJ after Sept. 1, 2007
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EXCEPTION for non 707 “registerable” sex offenders on the PC 290 (d) (3) list
HOW MANY OFFENDERS MUST BE KEPT UNDER COUNTY CONTROL?

Non 707’s were about 40% of commitments to DJJ in 2006
 ABOUT 300 WARDS/ YEAR WILL BE SB 81 “NOT ELIGIBLE” FOR DJJ
 ANOTHER 350 WARDS/YEAR WILL BE “NON RETURNABLE” FOR PAROLE
VIOLATIONS
CURRENTLY INSTITUTIONALIZED WARDS
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MAY BE INDIVIDUALLY RECALLED BY COUNTIES (Non 707s)
IF NOT RECALLED, WILL BE RELEASED IN DUE TIME BY THE PAROLE BOARD
HOW MANY are there? As of 9/07, DJJ pop. included about 700 non 707s
CURRENT PAROLEES
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NOT A FULL SHIFT TO COUNTIES
UPON VIOLATION (per AB 191) WARD MOVES TO COUNTY SUPERVISION
LOCAL COURT HOLDS RE-ENTRY HEARING TO SET PROBATION
CONDITIONS
HOW MANY? About 575 non 707 wards are on the DJJ parole caseload (9-07)
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COMMONWEAL
SB 81: What does it do?
PAYMENTS TO COUNTIES
YOUTHFUL OFFENDER BLOCK GRANT FUND
 Based on $ 117,000/ year for banned commits & returns
 Relief from “sliding scale” fees adds value to this payout
 $ 15,000 per year for parole supervision of released wards
 Total statewide fund: $24 mil.1st year $92 mil. 3rd year
 Distribution formula:
 50% share of youth pop (10-17), 50% juv. felony adjudication rate
 Min. small county grant: $ 58,500 (1st year), then $ 117,000
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Payout: State Controller deposits in county fund. CSA role.
Contingency fund: 5% of total– counties apply to CSA
Individual payouts: $117,000/year for recalls (pro rated)
Renewals: “Deal” includes funding in perpetuity w/ COLA
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COMMONWEAL
SB 81: What does it do?
COUNTY ALLOCATIONS FY 07-08
L.A.
Riverside
S. B'do
Orange
S. Diego
Sac'mento
Kern
S.Clara
Alameda
Fresno
All others
5,460
1,814
1,649
1,539
1,435
1,103
850
791
730
690
6,597
0
1,000 2,000 3,000 4,000 5,000 6,000
$ Thousands
Source: CA Department of Finance
Note: Allocations projected to grow by factor of 3.8 by 2010-11 8
COMMONWEAL
SB 81: What does it do?
COUNTY USES OF FUNDS
 ALLOCATIONS SHALL BE USED TO….
“Enhance the capacity” of local agencies to provide “rehabilitation and supervision
services” to the shifted DJJ caseload, including all necessary “custody and parole”
services --- FROM NEW WIC SEC. 1951 (B)
 INTENT LANGUAGE LISTS PREFERRED USES INCLUDING
 Assessment tools, day/ evening reporting, elec. monitoring, specialized
placements, re-entry services, professional training and regional
networks
 COUNTY “JUVENILE JUSTICE DEVELOPMENT PLANS”
 Due at Corrections Standards Authority (CSA) by 1/1/08
 Plan must describe uses of funds, any regional agreements and
coordination with spending under JJCPA
 LOCAL FUNDING DECISIONS ARE UP TO THE COUNTY AS A WHOLE
 No single agency or group is designated by SB 81 to allocate funds
 $ 15 MILLION IN COUNTY PLANNING GRANTS FOR REALIGNMENT—
CUT BY GOVERNOR FROM THE BUDGET
 RUNNER INITIATIVE— would amend SB 81 to eliminate allocations to
mental health, drug/alcohol, other county agencies for realignment services,
essentially earmarking funds for county probation .
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COMMONWEAL
SB 81: What does it do?
FACILITY CONSTRUCTION GRANTS
 SB 81 authorizes $100 million in revenue bonds for
“local youthful offender rehabilitative facilities”
 Funds can be used to “Acquire, design, renovate or build”
 CSA to approve const. grants on a competitive basis
 Applications must include staffing and operating cost plans
 Counties to provide 25% matching funds
 SB 81 is silent as to the types of facilities or the specific
offender populations they would serve
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COMMONWEAL
SB 81: What does it do?
NEW STATE JJ COMMISSION
 PURPOSE: Comprehensive planning, oversight & coordination of
state/local juvenile. justice partnership and performance
 DELIVERABLE: Must produce a statewide “Juvenile Justice
Operational Master Plan” by 1/1/09 to include:
 Risk/needs assessment tools for program & security classification
 Common juvenile justice data collection elements
 Plan to promote a continuum of evidence-based responses
 MAKEUP
– 12 Stakeholder Reps appointed by Gov, Senate, Assembly, Others
– Tri-chaired by the DJJ Chief, CPOC and CSAC
 STAFFING: By DJJ with a $600,000 appropriation
 SUNSET: Commission self-extinguishes 1-1-09 unless re-enacted
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COMMONWEAL
SB 81: What happens now?
IMPLEMENTATION CHALLENGES
1. Are counties ready and able to handle the shifted caseload?
2. Where will counties with no secure facility put these youth?
o Where will special needs youth go– e.g. mentally ill offenders?
3. What regional networking and placement alliances should
smaller and rural counties form?
4. Will counties use the SB 81 option to recall their DJJ wards?
5. How will counties address new re-entry and aftercare needs?
6. What sanctions are available for wards over 18 who can’t go
into foster care or be confined with younger juveniles?
7. Will prosecutors file more 707s or adult court cases?
8. Will state funds be sufficient? Will the state honor its
commitment to SB 81 funding in future years?
9. Are state agencies (CSA, DJJ) prepared to achieve the shift?
10.What facilities should or will be built with construction funds?
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COMMONWEAL
RUNNER INITIATIVE:
PUSHES STATE GANG POLICY INTO FULL
SUPPRESSION MODE… CUTS OUT CBOs
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SPONSORS: George & Sharon Runner, Mike Reynolds (3 strikes sponsor)
STATUS: Filed with AG for title & summary. Circulating for Nov ’08 ballot
HIGHLIGHTS…
Increases penalties (criminal & civil) for gang related offenses across board
Creates new gang registration requirements and penalties
Adds pro-prosecution law changes– examples:
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No bail for undocumented persons arrested for gang offenses
Evidence law changed to relax hearsay rules on unavailable witnesses
Due process rights capped and trimmed in parole violation proceedings
No good time credits for any prisoner with an “up to life” sentence
Trying juveniles as adults: kids with gang offenses presumed unfit for juvenile court
BALLOT BOX BUDGETING
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Earmarks $500 million/year for law enforcement, victim projects
Earmarks current funding or higher in perpetuity for listed law enforcement operations
YOUTH CRIME PREVENTION
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States this as objective but funds only police recreation, probation supervision programs
REMOVES CBOs, nonprofits from local Schiff Cardenas Coordinating Councils
MARKETING AND PROSPECTS…
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“Safe Neighborhood Act”
Like Prop 21, will be sold as crackdown on gangs– likely little focus on code revision details
Sponsors need $3 million for signatures to qualify for ballot… who’s paying?
If it qualifies, Governor’s position likely to be a factor in outcome
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COMMONWEAL