1. 1 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

2. 2 CA Juvenile Justice Law & Policy Update COVERAGE Update state juvenile arrest trend Update state juvenile arrest trend Realignment Milestones- 1996 - 2010 Realignment Milestones- 1996 - 2010 Top end realignment: Adult court filing trends Top end realignment: Adult court filing trends Bottom end realignment: SB 81 update Bottom end realignment: SB 81 update 2011 realignment: DJJ parole shift 2011 realignment: DJJ parole shift County realignment response– funds, facilities, programs County realignment response– funds, facilities, programs New legislation New legislation Policy issues on tap for 2011 Policy issues on tap for 2011

3. 3 Source: California Department of Justice California Juvenile Felony Arrests and Juvenile Felony Arrest Rate Per 100,000 1995-2009

4. 4 California Arrests for Violent Crimes Juvenile and Adult Arrest Rate Per 100,000 1995-2009 Source: California Department of Justice

5. 5  1996: Sliding scale fees imposed for level V-VII commitments– CYA population drops swiftly  2000: Proposition 21 opens new doors to adult court  2000: JJCPA provides counties with JJ program funds  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 CA Juvenile Justice Realignment Major Milestones 1996 -2010 CYA/DJJ POP 10,000 1,400

6. 6 “Top end” realignment: California Transfers of Juveniles to Adult Criminal Court 2004 - 2009 Source: California Department of Justice

7. 7 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%) Probation 13 (2%) Probation with Jail 207 (34%) Jail 10 (2 %) Fine / Other 17 (3%) Source: California Department of Justice. DJJ Commitment 3 (<1%)

8. 8 Number of fitness hearings:488 Number of fitness hearings:488 o On felony charges: 387 o On misdemeanors: 101 Total found unfit for juvenile:346 Total found unfit for juvenile:346 Total found fit for juvenile:142 Total found fit for juvenile:142 CA Juvenile Court Fitness Hearings - 2009 Source: California Department of Justice

9. 9 Adult court transfers– DJF Impact More prison-bound youth in DJF facilities June 30 th population of “E” and “M” youth in DJF institutions (Juveniles convicted as adults) - FY04/05 to FY 08/09 Source: CA Dept. of Justice

10. 10 Adult Court Transfers: “Top End” JJ Realignment Implications of data More and more juveniles are being tried as adults and sentenced to state prison – twice as many in ’09 as in ’05 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 The most serious juv. offenders are being carved out of the rehabilitative system  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 DJF commitments from juvenile court are shrinking, DJF population of youth waiting to go to prison is growing

11. 11 Downsizing CA State Youth Corrections Legislative Realignment - SB 81  Effective September 2007  Banned all future DJF commitments of “non-violent” youth (“non 707(b) offenders”)  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

12. 12 California Division of Juvenile Facilities Institutional Population 1996 – 2009 (as of December 31 each year) and 9/30/10 Source: Ca. Dept. of Corrections & Rehabilitation SB 81

13. 13 CYA-DJF Institution Closures Since 2000 CLOSEDFACLITIESRatedCapacityYearClosed Fred Nelles 6502003 Karl Holton 3882004 NCRC3262004 DW Nelson 4332007 Paso Robles 6902008 Stark12002009 Preston720 June 2011 Total4,407STILLOPENRatedCapacityChaderjian600 OH Close 379 SCRC350 Ventura- M 381 Ventura- F 295 Total2,005

14. 14 DJF First Commitments by Court of Commitment and admissions of state prison (“M”) housing cases Calendar Years 2004 – 2009, FY 2010 Source: CA Division of Juvenile Facilities, Research Branch

15. 15 Reasons for declining juvenile court commitments to DJF Realignment of non 707s to counties (SB 81) Realignment of non 707s to counties (SB 81) Continuing declines in arrests for serious/violent crimes Continuing declines in arrests for serious/violent crimes Adult court processing– most serious juv. cases are going to adult court & state prison 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 Some counties have avoided DJF, developed alt. dispositions for their 707s

16. 16 DJJ Average Institutional Length of Stay Juvenile Court Commitments (ALOS in months, 1996 – 2009) Source: CA Division of Juvenile Facilities, Research Branch

17. 17  New parolees as of Jan. 2011 shift to county supervision  Committing court to hold “re-entry dispo hearing” prior to discharge from DJJ  DJJ transports ward to the local court  DJJ jurisdiction terminates on discharge to local court  Local court sets conditions of release supervision–  JPB release recommendations to be “incorporated”  Conditions must be “consistent with Evidence Based Practices”  State funds : $15,000 per parolee ($115K for custody)  Funds must be spent on “evidence based” interventions  Caseload size?  FY 09/10: 911 wards were released on parole, 445 were returned to DJF 2010 DJF Parole Realignment: Key elements (AB 1628)

18. 18  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  New sanctions for “serious” or “repeat” violations  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  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 2010 DJF Parole Realignment: Violations & New Sanctions (AB 1628)

19. 19  Picture remains fragmented due to…  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?  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 SB 81 realignment: County responses & program development

20. 20 Youthful Offender Block Grant County Allocations 10 largest for FY 09/10 (in $ millions)

21. 21 SB 81: County FY 10/11 Plans Submitted to CSA All Proposed YOBG Expenditures By Major Category (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

22. 22 DJF & realignment policy changes on the front burner for 2011 DJJ “time adds”– Almost gone in 2010, issue wont go away DJJ “time adds”– Almost gone in 2010, issue wont go away DJJ/JPB plan to revise PCDs (sentences assigned at intake) and DJJ release criteria DJJ/JPB plan to revise PCDs (sentences assigned at intake) and DJJ release criteria o YASI scores will determine assigned PCD, release decision Full shut down of DJJ? Not likely anytime soon Full shut down of DJJ? Not likely anytime soon State-local JJ funds (JJCPA, JPCF, YOBG) up for grabs in 2011 State-local JJ funds (JJCPA, JPCF, YOBG) up for grabs in 2011 o Legislature must re-fund next year: VLF tax extension? o Evidence based program requirements? The New Governor and the Politics of Appointment The New Governor and the Politics of Appointment

23. 23 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

24. 24 New 2010 Legislation of interest 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 See Commonweal Handout for expanded review of 2010 bills