1 CALIFORNIA UPDATE— JUVENILE JUSTICE TRENDS AND NEW LEGISLATION Roundtable - September 13, 2014 U.C. Berkeley Law School by David Steinhart PACIFIC JUVENILE DEFENDER CENTER

2 COVERAGE  Juvenile crime and incarceration trends  Arrest and incarceration trends  Juveniles tried & sentenced as adults  Juvenile Justice Realignment  Division of Juvenile Justice– realignment trends  County level implementation issues  State-local funds supporting realignment and related programs  National and state law and policy trends  Shifting legal & constitutional framework: SCOTUS decisions, adolescent science drive changes in state laws  California legislative update  Shifting policy landscape in California  Board of State and Community Corrections– emerging role  Turnover in the Legislature, new advocacy voices  Issues on tap for 2015

3 California juvenile arrest, incarceration & adult court trends incarceration & adult court trends

44 California Arrests of Juveniles 2012 Status Offenses 16,392 Felony other 26,931 Felony violent 9,437 Misdemeanor 67, TOTAL JUVENILE ARRESTS 120,720 (down by 50% from 243,090 in 2002) Source: California Department of Justice Commonweal

5 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 County Juv. Facility ADP and Rated Capacity Juvenile Halls & Probation Camps/ Ranches Five year trend : 2009 – 2013 (mid year counts) Juvenile Halls Probation Camps/Ranches Source: CA Bd. of State & Community Corrections, Juv. Detention Profile Surveys Commonweal

8 All California Juvenile Justice Facilities Combined Average Daily Population (ADP) for delinquency cases (4 th quarter 2009 and 2012) Three year decline of 25% Commonweal

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

10 Adult Court Dispositions of Juveniles – 2011 (N = 548 dispositions) Convicted 461 (84%) Dismissed, Acquitted or Rt’d to Juv. Ct. 87 (16%) State Prison 291 (63%) Probation 10 (2%) Probation with Jail 140 (30%) Jail 8 (2%) Fine / Other 9 (2%) Source: California Department of Justice. DJJ Commitment 3 (<1%) Commonweal

11 Juvenile Justice Realignment: The CA Division of Juvenile Justice (DJJ)

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 lowered Downsizing the CA Div. of Juvenile Justice Major Milestones DJJ POP 10, Commonweal

1313 California Division of Juvenile Facilities Institutional Population 1996 – 2013 (as of December 31 each year) Source: Ca. Dept. of Corrections & Rehabilitation SB 81 Commonweal

14 Annual Juvenile Court Commitments to DJJ All Counties – 2003 through 2013 Commonweal

15 Juvenile Court 1 st Commitments (528) Adult Court E & M Cases (139) Juv. Court Parole Violators (0) Source: CA Division of Juvenile Facilities, Research Div. DJJ Institutional Population Dec. 31, 2013 by Court and Type of Commitment N= 689 inmates Commonweal County contract housing ( 22)

16 DJJ Realignment implementation-- County issues and continuing challenges   State Auditor’s Report (Sep. 2012) slams BSCC and Legislature on SB 81 (YOBG) performance measures and reporting   How are “realigned” juveniles doing at the county level? Performance and youth outcome data are generally lacking We see varied county programs and uses of YOBG funds: Special custody programs– e.g. Los Angeles “SB 81” camp Juvenile halls increasingly used for commitments-- a growing but poorly documented concern Re-entry grants– we have no data tracking outcomes Still unresolved: meeting mental health, other local treatment needs   State oversight of juvenile justice realignment— BSCC has only limited oversight functions– in effect local courts and probation departments make their own spending & program decisions New round of SB 81 juv. Facility construction grants: $80 million in pipeline Commonweal

17 Funding the CA Juvenile Justice System-- Annual costs and fund sources ( 2013) State Div. of Juvenile Justice (DJJ) Total budget $ 170 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

18 State support for local juvenile justice operations under realignment Fund or Program Fund or Program FY 12/13 FY 13/ Juv. Justice Realignment (SB 81) $93 million $ 103 million 2010 Div. Juv. Justice Parole Realignment $ 6 million Juv. Justice Crime Prev. Act (JJCPA) $ 107 million Juvenile Probation Camp Funds- Camps $29 million Juvenile Probation Camp Funds- Programs $ 152 million TOTAL $ 387 million $ 397 million Commonweal Sources: CA Dept of Finance, Ca. State Association of Counties

19 National law & policy trends in juvenile justice: A shifting legal framework Recent US Supreme Court Sentencing cases Impose limits on life sentences for juveniles based on developmental differences & “diminished culpability” Findings in adolescent science drive changes Research explains adolescent behavior based on brain development Education and juvenile justice agencies adapt – e.g., school discipline reforms, youth corrections “downsizing”, state laws restoring juv. Jurisdiction, pullbacks on “direct file” Best all-round summary : Reforming Juvenile Justice: A Developmental Approach, Nat’l Academy of Sciences (2013). Download at: California laws adapt too SB 9 & SB 260: Sentence reviews for prisoners w/ crimes committed as juveniles Other California legislation– e.g. SB 1296 (truancy) & SB 1038 (auto-dismissal) Commonweal

20 California Legislation Report SB 838 (Beall), “Audrie’s Law”: High drama on expansion of direct file and mandatory minimum juvenile sentences. Signed, effective 1/1/15. SB 1296 (Leno): Ends incarceration of truants using contempt power of the court (reverses In re. Michael G.). Signed, effective 1/1/15 SB 1038 (Leno): Auto-sealing and dismissal of court records in non 707 delinquency cases. Signed, effective 1/1/15. Commonweal Note: please consult the Commonweal “bill digest” handout for additional bills and details. Some bills may still be awaiting final Governor’s action at Roundtable time. The Gov. has until 9/30 to sign or veto bills in his possession.

21 AB 388 (Chesbro): Detention law changes and new group home requirements for dual status youth AB 2607 (Skinner): Limits on detention of minors awaiting placement AB 2276 (Bocanegra) & SB 1111 (Lara): Education rights and placements for justice system youth California Legislation Report Note: please consult the Commonweal “bill digest” handout for additional bills and details. Some bills may still be awaiting final Governor’s action at Roundtable time. The Gov. has until 9/30 to sign or veto bills in his possession. Commonweal

22   Juvenile Justice Data Working Group Adopted in budget trailer bill (AB 1468)-- Inter-agency group at BSCC Tasked with complete review & recommendations to upgrade outdated and fractured state and local JJ data systems Also will review & recommend new JJ system performance measures Report to Legislature by 1/1/16   MIOCR (mentally ill offender) grant program   Renewed at $18 million for 3 year grants to counties   Half to adult and half to juvenile offender programs   Competitive grants administered by BSCC   CDCR Leadership Academy   Planning grant in FY budget at $850,000   Goal: establish a separate, privately funded facility for selected age CDCR inmates, with an intensive treatment and re-entry emphasis- other details under development California Legislation Report Commonweal

23 Csa and bscc BSCC Juvenile Justice mandates include Grants programs: JJCPA, YOBG, SB 81 construction, gang grants, MIOCR, federal JJDPA funds Grants programs: JJCPA, YOBG, SB 81 construction, gang grants, MIOCR, federal JJDPA funds Facility standards & inspection (camps/ ranches, juv. halls, jails) Facility standards & inspection (camps/ ranches, juv. halls, jails) Data, TA and leadership in defining system best-practices Data, TA and leadership in defining system best-practices Juvenile Justice Committees SACJJDP (State Advisory Group) awards federal grant funds (EB practices, RED reduction, data development ) SACJJDP (State Advisory Group) awards federal grant funds (EB practices, RED reduction, data development ) Juvenile Justice Standing Committee is working on: Juvenile Justice Standing Committee is working on:  Upgrading & coordination of state/local JJ data systems  Juvenile Justice- Education and mental health issues  Facility issues– Standards (e.g., pepper spray), PREA, etc. Board of State and Community Corrections Juvenile Justice Mission & Mandates Commonweal

24 CA Policy Landscape-- Leadership changes, advocacy groups, upcoming issues Legislative leaders & term limits New Senate President & Assy. Speaker; Steinberg, Ammiano, Skinner, others termed out Strong players remain but others need to be educated Advocacy organizations regrouping Californians for Safety and Justice; CA Alliance for Youth & Community Justice; foundation initiatives & engagement Upcoming in 2015? Juvenile sex offender registration? Attempts to change Prop 21 “direct file” law? More changes in education rights law for juvenile offenders? Pepper spray confrontation? Juvenile Justice Data Work Group recommendations BSCC grants in progress– MIOCR, SB 81 construction, Byrne JAG Commonweal