1 CALIFORNIA JUVENILE JUSTICE POLICY AND FUNDING UPDATE PACIFIC JUVENILE DEFENDER CENTER Roundtable & Training Session September 22, 2012 – San Francisco, CA Presented by: David Steinhart

2 COVERAGE  Juvenile crime and incarceration trends  Update on juvenile arrests (statewide)  Facility confinement trends  Juveniles tried & sentenced as adults  Division of Juvenile Justice (DJJ) update  Governor’s full shutdown proposal– counties squash it in 2012  DJJ population in 2012  DJJ law & budget changes adopted in and key cases  Future prospects for DJJ downsizing  Juvenile Justice Realignment– county level issues  Funding for realignment– and the State Auditor’s Report  Persistent concerns about local sentences & levels of care  The Board of State and Community Corrections  Emerging juvenile justice policy and funding role  Other statewide issues of interest  November tax initiative– impact on public safety grants  Pending legislative measures: school discipline, LWOP  Leadership for change in California

3 California juvenile arrest and incarceration trends

4 California Arrests of Juveniles 2010 Status Offense 27,594 Felony other 38,820 Felony violent 13,200 Misdemeanor 106, TOTAL JUVENILE ARRESTS 185,867 (down from 210,486 in 2001 ) Source: California Department of Justice Commonweal

Source: California Department of Justice California Juvenile Felony Arrests and Juvenile Felony Arrest Rate Per 100, Commonweal

6 California Arrests for VIOLENT crimes Juvenile and Adult Arrest Rate Per 100, Source: California Department of Justice Commonweal

7 California Transfers of Juveniles to Adult Criminal Court Source: California Department of Justice Commonweal

Adult Court Dispositions of Juveniles – 2010 (N = 715 dispositions) Convicted 607 (85%) Dismissed, Acquitted or Rt’d to Juv. Ct. 108 (15%) State Prison 379 (62%) Probation 19 (3%) Probation with Jail 185 (31%) Jail 8 (1 %) Fine / Other 11 (2%) Source: California Department of Justice. DJJ Commitment 5 (<1%) Commonweal

9 California Juvenile Justice Facilities Average Daily Populations By placement type (4 th quarter 2009 and 2011) ADP 2009 = 14,300 ADP 2011= 10,800 California Juvenile Justice Facilities Average Daily Populations By placement type (4 th quarter 2009 and 2011) ADP 2009 = 14,300 ADP 2011= 10,800 Sources: CA Corrections Standards Authority, CA Division of Juvenile Justice, CA Department of Social Services (Berkeley Center for Social Services Research), latest available data. Co. Juvenile Halls 6,200 Co. Probation Camps 3,700 Private Placements 3,000 (est) State DJJ 1,400 Commonweal State DJJ 1,000 Co. Probation Camps 2,900 Co. Juvenile Halls 4,900 Private Placements 2,000 (est)

10 Division of Juvenile Justice (DJJ) Update and trends

11 California Division of Juvenile Facilities Institutional Population 1996 – 2011 (as of December 31 each year) Source: Ca. Dept. of Corrections & Rehabilitation SB 81 Commonweal

12  1996: Sliding scale fees imposed for level V-VII commitments– CYA population drops swiftly  2000: Proposition 21 opens new doors to adult court  2004: Consent Decree in Farrell case vs. CYA– generates program costs that are catalysts for SB 81  2007: SB 81 bans future commitments of non-707 youth  2010: DJJ parole is realigned to county probation  2012: Governor proposes to close DJJ, proposal dies but time adds are banned, age of jurisdiction is lowerred Downsizing the CA Div. of Juvenile Justice Major Milestones DJJ POP 10,000 1,000 Commonweal

13 CYA-DJF Institution Closures Since 2000 CLOSEDFACLITIESRatedCapacityYearClosed Fred Nelles Karl Holton NCRC DW Nelson Paso Robles Stark Preston SCRC Total4,757-- STILLOPENRatedCapacityChaderjian600 OH Close 379 Ventura- M 381 Ventura- F 295 Total1,655 Commonweal

14 Juvenile Court 1 st Commitments (709) Adult Court E & M Cases (157) Juvenile Court Parole Violators (56) Source: CA Division of Juvenile Facilities, Research Div. DJJ Institutional Population June 30, 2012 by Court and Type of Commitment N= 922 inmates Commonweal

Governor Proposes Full closure of DJJ in 2012 Counties rebel against the plan, Advocates are divided on shutdown terms Governor’s plan: close DJJ, pay counties $200 ml. more County response: “forget about it” Cite public safety concerns, lack of treatment resources Shutdown proposal is pulled back by Governor- dies Advocates split on merits Some press for complete shutdown. Others say shutdown premature without safeguards to stop flow of youth to state prison Prospects for future shutdown of what’s left of DJJ are dim

DJJ Legislative Outcome In lieu of closure, modest downsizing controls were adopted in budget trailer bills in 2012:   DJJ time adds to sentence are eliminated completely   Top DJJ age of jurisdiction drops from 25 to 23   The 2011 county commitment fee is reduced from $125,000 to $24,000 per ward per year   State parole will now end 18 months earlier (Jan. 2013) Commonweal

  In re C.H. Ca Supreme Court, 53 Cal.4th 94 (Dec. 2011) Opinion interprets SB 81 language as failing to authorize commitments of non WIC 707(b) sex offenders to DJJ Legislature quickly responds by rewriting the statute to clarify the court’s authority to commit a non-707 sex offender to DJJ (AB 324, effective For still-confined sex offenders sent to DJJ between (N=65), whose commitments were invalid under In re C.H., AB 324 permits DJJ to keep them in DJJ to age 21 under contract with the committing county. (   In re Greg F. (CA Supreme Court, August 2012, docket S191868) Upholds dismissal of lesser prior using WIC 782 to validate DJJ commitment on a prior WIC 707(b) offense (reversing the DCA on this). Holds that Legislature never intended WIC 733 commitment language limit to trump Juvenile Court discretion to dismiss under WIC 782 Result: Ward with county disposition on a WIC 707/sex case can be leapfrogged into DJJ by dismissing an intervening, non-qualifying offense. Cases affecting DJJ commitments in 2012

Juvenile Justice Realignment-- County level issues

19 Funding the CA Juvenile Justice System-- Annual costs and fund sources ( 2012) State Div. of Juvenile Justice (DJJ) Total budget $ 180 million $ 180 million State General Fund County Probation Juv. Justice facilities and programs- total $1.7 billion $1.25 billion est. County General Funds $390 million CA State Grants and Funds $15 million est. Federal Funds Sources: CA State Dept. of Finance; CDCR (DJJ and the Corrections Standards Authority); CA State Juv. Justice Commission (Master Plan, 2009) Commonweal

20 State support for local juvenile justice operations under realignment Fund or Program Fund or Program FY 11/12 FY 12/ Juv. Justice Realignment (SB 81) $93 million 2010 Div. Juv. Justice Parole Realignment $ 10 million Juv. Justice Crime Prev. Act (JJCPA) $ 107 million Juvenile Probation Camp Funds- Camps $29 million Juvenile Probation Camp Funds- Programs $ 152 million Total $ 391 million Commonweal Sources: CA Dept of Finance, Cal. State Association of Counties

DJJ Realignment implementation-- County issues and challenges State Auditor’s Report (Sep. 2012) slams CSA and Legislature on SB 81 goals and performance measures Varied county responses to the realigned DJJ caseload:   Special custody programs– e.g. Los Angeles camp Long term juvenile hall commitments– a growing concern Still unresolved: mental health, other local treatment needs State oversight of juvenile justice realignment— BSCC could assert a stronger leadership and coordination role, but it is too early to tell Commonweal

22 County Allocations of State JJ Funds 10 largest for FY 09/10 (in $ millions) COMBINED JJCPA, JPCF and YOBG ALLOCATIONS Commonweal

23 Csa and bscc  BSCC replaced Corrections Standards Authority effective July 1, 2012  Mandates include Oversee adult and juvenile corrections realignment– major focus on adult Oversee adult and juvenile corrections realignment– major focus on adult From CSA: juvenile justice grants (program, construction), facility standards, data From CSA: juvenile justice grants (program, construction), facility standards, data An expanded mission statement- leadership on community corrections An expanded mission statement- leadership on community corrections BSCC structure BSCC structure Independence from CDCR Independence from CDCR A smaller, reconstituted Board (12 members) A smaller, reconstituted Board (12 members) Mandated stakeholder involvement in decision making Mandated stakeholder involvement in decision making  BSCC Juvenile Justice role Remains to be seen how BSCC will take lead on juvenile justice policy and programs, or how it will modify CSA style and approach on key issues Remains to be seen how BSCC will take lead on juvenile justice policy and programs, or how it will modify CSA style and approach on key issues Board of State and Community Corrections Juvenile Justice Mission & Mandates Commonweal

24 Other statewide issues of interest Other statewide issues of interest  November ballot tax measures—  Fallout if Governor’s tax initiative (Prop 30) fails  Bills pending with the Governor  SB 9 (Yee, Review of Juvenile LWOP sentences)  School discipline & expulsion reform bills  Juvenile Justice policy issues on tap for 2013 & who are the lead policymakers in Sacramento?