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Juvenile JusticeJuvenile JusticeLaw & Policy UpdateLaw & Policy Update
Updates on DJJ realignment, 2011 parole shift, Updates on DJJ realignment, 2011 parole shift, adult court processing, state-local program adult court processing, state-local program
funding,funding, new legislation, policy trends new legislation, policy trends
Presented by: David SteinhartPresented by: David Steinhart PJDC RoundtablePJDC Roundtable
November 6, 2010 – SacramentoNovember 6, 2010 – Sacramento
22
CA Juvenile Justice Law & Policy Update CA Juvenile Justice Law & Policy Update
COVERAGECOVERAGE Update state juvenile arrest trendUpdate state juvenile arrest trend Realignment Milestones- 1996 - 2010Realignment Milestones- 1996 - 2010 Top end realignment: Adult court filing Top end realignment: Adult court filing
trendstrends Bottom end realignment: SB 81 updateBottom end realignment: SB 81 update 2011 realignment: DJJ parole shift2011 realignment: DJJ parole shift County realignment response– funds, County realignment response– funds,
facilities, programsfacilities, programs New legislation New legislation Policy issues on tap for 2011Policy issues on tap for 2011
33
8791685640
82748
76104
6850363889 63993
61539 6087859871 6116165189 66191 65163
58555
0
20,000
40,000
60,000
80,000
100,000
0
500
1000
1500
2000
2500
3000
Total Juv. Felony Arrests (left scale) Fel. Arrest Rate Per 100,000 (right scale)
Source: California Department of Justice
California Juvenile Felony California Juvenile Felony ArrestsArrests and andJuvenile Felony Arrest Juvenile Felony Arrest RateRate Per 100,000 Per 100,000
1995-20091995-2009
44
California Arrests for Violent CrimesCalifornia Arrests for Violent CrimesJuvenile and Adult Arrest Juvenile and Adult Arrest RateRate Per 100,000 Per 100,000
1995-20091995-2009
100
200
300
400
500
600
70019
95
1996
1997
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
Est
Juvenile Adult
Source: California Department of Justice
55
1996: 1996: Sliding scale feesSliding scale fees imposed for level V-VII imposed for level V-VII commitments– CYA population drops swiftly commitments– CYA population drops swiftly
2000: 2000: Proposition 21Proposition 21 opens new doors to adult court opens new doors to adult court
2000: 2000: JJCPAJJCPA provides counties with JJ program funds provides counties with JJ program funds
2004: 2004: Consent Decree in Consent Decree in FarrellFarrell case case vs. CYA– vs. CYA– generates generates program costs that are catalysts for SB program costs that are catalysts for SB 81 81
2007: 2007: SB 81SB 81 bans future commitments of non-707 bans future commitments of non-707 youthyouth
2010: 2010: DJJ parole is realignedDJJ parole is realigned to county probation to county probation
CA Juvenile Justice Realignment CA Juvenile Justice Realignment Major Milestones 1996 -2010Major Milestones 1996 -2010
CYA/DJJ POP
10,000
1,400
66
““Top end” realignment:Top end” realignment:California Transfers of Juveniles California Transfers of Juveniles
to Adult Criminal Court 2004 - 2009to Adult Criminal Court 2004 - 2009
252318 275
335 346
283343
724
866769
535661
929
11231201
1115
399
654
0
200
400
600
800
1000
1200
1400
2004 2005 2006 2007 2008 2009
Juvenile court remand to adult court
Prosecutor direct file in adult court
Total transferred to adult court
Source: California Department of Justice
77
Adult Court Dispositions of Juveniles – Adult Court Dispositions of Juveniles – 20092009
(N = 722 dispositions)(N = 722 dispositions)
Convicted611 (85%)
Dismissed,Acquitted orRt’d to Juv.
Ct.111 (15%)
State Prison361 (59%)
Probation13 (2%)
Probation with Jail207 (34%)
Jail10 (2 %)
Fine / Other17 (3%)
Source: California Department of Justice.
DJJ Commitment 3 (<1%)
88
Number of fitness hearings:Number of fitness hearings: 488488o On felony charges: 387On felony charges: 387o On misdemeanors: 101On misdemeanors: 101
Total found unfit for juvenile:Total found unfit for juvenile: 346346 Total found fit for juvenile:Total found fit for juvenile: 142142
CA Juvenile Court Fitness Hearings - CA Juvenile Court Fitness Hearings - 20092009
Source: California Department of Justice
99
Adult court transfers– DJF Impact Adult court transfers– DJF Impact More prison-bound youth in DJF facilitiesMore prison-bound youth in DJF facilities
June 30June 30th th population of “E” and “M” youth in DJF population of “E” and “M” youth in DJF institutionsinstitutions
(Juveniles convicted as adults) - FY04/05 to FY 08/09(Juveniles convicted as adults) - FY04/05 to FY 08/09
7995 90
15392 92
171144
171187
221
279297
108
131
0
50
100
150
200
250
300
350
FY 2005 FY 2006 FY 2007 FY 2008 FY 2009
Criminal Court M cases (WIC 1731.5 state prison "housing" cases)
Criminal Court E cases (direct prison commits awaiting transfer age)
Total state prison commitments in DJJ pop
Source: CA Dept. of Justice
1010
Adult Court Transfers:Adult Court Transfers:“Top End” JJ Realignment“Top End” JJ Realignment
Implications of dataImplications of data More and more juveniles are being tried as More and more juveniles are being tried as
adults and sentenced to state prison – adults and sentenced to state prison – twice as many in ’09 as in ’05twice as many in ’09 as in ’05
The most serious juv. offenders are being The most serious juv. offenders are being carved out of the rehabilitative systemcarved out of the rehabilitative system Category I Juv. Commitments to DJF in 2009 = Category I Juv. Commitments to DJF in 2009 =
1717
DJF commitments from juvenile court are DJF commitments from juvenile court are shrinking, DJF population of youth waiting shrinking, DJF population of youth waiting to go to prison is growingto go to prison is growing
1111
Downsizing CA State Youth CorrectionsDownsizing CA State Youth CorrectionsLegislative Realignment - Legislative Realignment - SB 81SB 81
Effective September 2007Effective September 2007 Banned all future DJF commitments of “non-Banned all future DJF commitments of “non-
violent” youth (“non 707(b) offenders”) violent” youth (“non 707(b) offenders”) Exception: non-707(b) sex offenders (PC 290.008 Exception: non-707(b) sex offenders (PC 290.008
registration)registration)
Phased all non-707(b) wards out of DJF institutions Phased all non-707(b) wards out of DJF institutions and off the DJF parole caseloadand off the DJF parole caseload
Established the Youthful Offender Block Grant to Established the Youthful Offender Block Grant to pay counties for local juvenile offender custody and pay counties for local juvenile offender custody and carecare
1212
California Division of Juvenile FacilitiesCalifornia Division of Juvenile FacilitiesInstitutional PopulationInstitutional Population
1996 – 2009 (as of December 31 each year) and 9/30/101996 – 2009 (as of December 31 each year) and 9/30/10
9572
85998083
76667305
6497
5557
4696
36782999
26472293
173416021335
0
1,000
2,0003,000
4,000
5,000
6,000
7,000
8,0009,000
10,000
19
96
19
97
19
98
19
99
20
00
20
01
20
02
20
03
20
04
20
05
20
06
20
07
20
08
20
09
9/3
0/1
0
Source: Ca. Dept. of Corrections & Rehabilitation
SB 81
1313
CYA-DJF Institution CYA-DJF Institution Closures Since 2000Closures Since 2000
CLOSEDCLOSED
FACLITIESFACLITIESRatedRated
CapacityCapacityYear Year
ClosedClosed
Fred Fred NellesNelles
650650 20032003
Karl Karl HoltonHolton
388388 20042004
NCRCNCRC 326326 20042004
DW DW NelsonNelson
433433 20072007
Paso Paso RoblesRobles
690690 20082008
Stark Stark 12001200 20092009
PrestonPreston 720720 June June 20112011
TotalTotal 4,4074,407
STILLSTILL
OPENOPENRatedRated
CapacitCapacityy
ChaderjiaChaderjiann
600600
OH CloseOH Close 379379
SCRCSCRC 350350
Ventura- Ventura- MM
381381
Ventura- FVentura- F 295295
TotalTotal 2,0052,005
1414
835
532
810
90
6
641
74
6
462
92
5
397
120
5
330
171
3
341
158
20
100
200
300
400
500
600
700
800
900
2004 2005 2006 2007 2008 2009 FY 2010
Juvenile Court (DJF commitment)
Criminal Court (sentenced to prison, housed in DJF to age 18)
Criminal Court (direct DJF commitment)
DJF First Commitments by Court of DJF First Commitments by Court of Commitment and admissions of state prison Commitment and admissions of state prison (“M”) housing cases Calendar Years 2004 – (“M”) housing cases Calendar Years 2004 –
2009, FY 20102009, FY 2010
Source: CA Division of Juvenile Facilities, Research Branch
1515
Reasons for declining juvenile Reasons for declining juvenile court commitments to DJFcourt commitments to DJF
Realignment of non 707s to counties (SB Realignment of non 707s to counties (SB 81)81)
Continuing declines in arrests for Continuing declines in arrests for serious/violent crimesserious/violent crimes
Adult court processing– most serious juv. Adult court processing– most serious juv. cases are going to adult court & state cases are going to adult court & state prisonprison
Some counties have avoided DJF, Some counties have avoided DJF, developed alt. dispositions for their 707sdeveloped alt. dispositions for their 707s
1616
DJJ Average Institutional Length of Stay DJJ Average Institutional Length of Stay
Juvenile Court CommitmentsJuvenile Court Commitments(ALOS in months, 1996 – 2009)(ALOS in months, 1996 – 2009)
23.4
37.3
18
23
28
33
38
43
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
FY
08/09
Length of stay in months
Source: CA Division of Juvenile Facilities, Research Branch
1717
New paroleesNew parolees as of Jan. 2011 shift to county supervision as of Jan. 2011 shift to county supervision
Committing court to hold “re-entry dispo hearing”Committing court to hold “re-entry dispo hearing” prior prior toto discharge from DJJ discharge from DJJ DJJ transports ward to the local courtDJJ transports ward to the local court
DJJ jurisdiction terminatesDJJ jurisdiction terminates on discharge to local courton discharge to local court
Local court sets conditionsLocal court sets conditions of release supervision– of release supervision– JPB release recommendations to be “incorporated” JPB release recommendations to be “incorporated” Conditions must be “consistent with Evidence Based Practices”Conditions must be “consistent with Evidence Based Practices”
State fundsState funds:: $15,000 per parolee ($115K for custody) $15,000 per parolee ($115K for custody) Funds must be spent on “evidence based” interventionsFunds must be spent on “evidence based” interventions
Caseload size?Caseload size? FY 09/10: 911 wards were released on parole, 445 were returned to DJFFY 09/10: 911 wards were released on parole, 445 were returned to DJF
2010 DJF Parole Realignment:2010 DJF Parole Realignment:Key elements (AB 1628)Key elements (AB 1628)
1818
Violations/revocations-- determined by local courtViolations/revocations-- determined by local court (for wards released after 1/19/11)(for wards released after 1/19/11) ““Modification hearing” within 15 days of detention Modification hearing” within 15 days of detention Counsel and other due process rights applyCounsel and other due process rights apply Standard of proof? Likely, preponderance of evidenceStandard of proof? Likely, preponderance of evidence
New sanctions for “serious” or “repeat” violationsNew sanctions for “serious” or “repeat” violations Commitment to juvenile facility if age appropriate (WIC 208.5)Commitment to juvenile facility if age appropriate (WIC 208.5) Up to 90 days county jail if over 18Up to 90 days county jail if over 18 Return to DJJ institution: min 90 days, max 1 yearReturn to DJJ institution: min 90 days, max 1 year
Interim ruleInterim rule– violations by youth paroled before 1/19/11– violations by youth paroled before 1/19/11 Youth already on parole remain subject to JPB revocation process Youth already on parole remain subject to JPB revocation process
and “LH” protections (707 b & sex offenders only)and “LH” protections (707 b & sex offenders only) On 9/30/10 there were 1,593 wards on the total DJF parole caseloadOn 9/30/10 there were 1,593 wards on the total DJF parole caseload
2010 DJF Parole Realignment:2010 DJF Parole Realignment:Violations & New Sanctions (AB Violations & New Sanctions (AB
1628)1628)
1919
Picture remains fragmented due to…Picture remains fragmented due to…
Lack of statewide data: Lack of statewide data: SB 81 did not require counties to SB 81 did not require counties to submit plans or report how they spent YOBG funds.submit plans or report how they spent YOBG funds.
This changed in 2009– This changed in 2009– legislation now requires annual legislation now requires annual county YOBG plans and spending reports to go to CSAcounty YOBG plans and spending reports to go to CSA
Where is the shifted (non 707b) caseload going?Where is the shifted (non 707b) caseload going? Juvenile hall commitments are increasing, with longer staysJuvenile hall commitments are increasing, with longer stays Dedicated camp programs -- e.g. Challenger camp in L.A.Dedicated camp programs -- e.g. Challenger camp in L.A. Older parolees may be banked on adult probationOlder parolees may be banked on adult probation Based on May 2010 plans filed @ CSA, a wide range of Based on May 2010 plans filed @ CSA, a wide range of
assessments and services are being deployed to SB 81 youthassessments and services are being deployed to SB 81 youth
SB 81 realignment: SB 81 realignment: County responses & program County responses & program
developmentdevelopment
2020
Youthful Offender Block GrantYouthful Offender Block GrantCounty Allocations County Allocations
10 largest for FY 09/10 (in $ millions)10 largest for FY 09/10 (in $ millions)
$26.4
$2.6
$3.1
$3.1
$3.1
$4.4
$5.8
$6.9
$7.7
$8.2
$22.0
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
All others
Fresno
S. Clara
Kern
Alameda
Sac'mento
Riverside
Orange
S. Diego
S. B'do
L.A.
$ Millions FY 09-10
2121
SB 81: County FY 10/11 Plans Submitted to SB 81: County FY 10/11 Plans Submitted to CSA CSA
All Proposed YOBG Expenditures By Major All Proposed YOBG Expenditures By Major CategoryCategory
(Direct Service, Placements, Capacity Building)(Direct Service, Placements, Capacity Building)
DIRECT SERVICE- 62 %(Assessments, Supervision,Counseling, Aftercare, etc)
PLACEMENTS- 19%(Juvenile Hall, Camps,
Group care, etc.)
62%
19%
20%
CAPACITY BUILDING 20 %(Administration, salaries,Equipment, training, etc.)
Source: Corrections Standards Authority
2222
DJF & realignment policy changes DJF & realignment policy changes on the front burner for 2011on the front burner for 2011
DJJ “time adds”– Almost gone in 2010, issue wont go DJJ “time adds”– Almost gone in 2010, issue wont go awayaway
DJJ/JPB plan to revise PCDs (sentences assigned at DJJ/JPB plan to revise PCDs (sentences assigned at intake) and DJJ release criteriaintake) and DJJ release criteria
o YASI scores will determine assigned PCD, release decisionYASI scores will determine assigned PCD, release decision
Full shut down of DJJ? Not likely anytime soonFull shut down of DJJ? Not likely anytime soon
State-local JJ funds (JJCPA, JPCF, YOBG) up for grabs in State-local JJ funds (JJCPA, JPCF, YOBG) up for grabs in 20112011
o Legislature must re-fund next year: VLF tax extension?Legislature must re-fund next year: VLF tax extension?o Evidence based program requirements?Evidence based program requirements?
The New Governor and the Politics of AppointmentThe New Governor and the Politics of Appointment
2323
What can we expect?What can we expect?
Bottom line: No leftie on crime, but likely to support cost-reduction proposals for prison downsizing, parole reform
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
2424
New 2010 Legislation of New 2010 Legislation of interestinterest
Signed into lawSigned into law
AB 12 (Beall)- Foster & kinship care benefits AB 12 (Beall)- Foster & kinship care benefits extended to age 21 for “nonminor extended to age 21 for “nonminor dependents”dependents”
AB 2212 (Fuentes)- New procedures for AB 2212 (Fuentes)- New procedures for incompetent minors in delinquency courtincompetent minors in delinquency court
Vetoed by the GovernorVetoed by the Governor
SB 1091 (Hancock)- Medi-Cal benefits for SB 1091 (Hancock)- Medi-Cal benefits for incarcerated juvenilesincarcerated juveniles
See Commonweal Handout for expanded review of 2010 bills