1. NC Sentencing and Policy Advisory Commission RECIDIVISM OF 16 AND 17 YEAR OLD AND JUVENILE OFFENDERS: FINDINGS FROM TWO STUDIES Presented to Youth Accountability Planning Task Force Programs and Benefits Work Group January 19, 2010

2. NC Sentencing and Policy Advisory Commission  Created by the General Assembly in 1990  30 member, non-partisan body of experts from all areas of the criminal justice system  Broad mandate which allows the review or monitoring of the criminal justice and juvenile justice systems  Highlights from two reports: Adult Recidivism Study (2006) Juvenile Recidivism Study (2009).

3. 2006 Correctional Program Evaluation (Adult Recidivism Study)  Legislatively mandated, biennial report  Sample 57,973 adult offenders released from prison or placed on probation in FY 2001/02  Follow up period: Three years  Outcome measure: Rearrest

4. Focus Area: Youthful Offenders  Offenders were designated youthful if they were under the age of 21 at the time of their offense.  3,970 offenders were 16 or 17 year olds, or 7% of the sample.  3,475 were probationers 495 were prison releases

5. Prior Arrests and Current Conviction: Youthful and Adult Probationers A Comparison of Youthful and Adult Offenders N % Any Arrest Current Conviction % A-E Felony %F-I Felony % Misdemeanor % Other (FSA) Probation Entries 13-152231.80.040.959.10.0 16-173,47552.10.921.576.11.5 18-216,70970.31.933.164.30.7 Youthful Subtotal10,20664.01.529.268.31.0 21 and older30,64978.11.535.163.10.4 PROBATION SUBTOTAL40,85574.61.533.664.40.6 SOURCE: NC Sentencing and Policy Advisory Commission, FY 2001/02 Correctional Program Evaluation

6. Prior Arrests and Current Conviction: Youthful and Adult Prisoners A Comparison of Youthful and Adult Offenders N % Any Arrest Current Conviction % A-E Felony %F-I Felony % Misdemeanor % Other (FSA) Prison Entries 13-151573.386.713.30.0 16-1749591.929.559.911.10.4 18-212,32295.617.369.413.20.2 Youthful Subtotal2,83294.819.867.312.80.2 21 and older14,28696.68.668.023.10.4 PROBATION SUBTOTAL17,11896.310.467.921.40.4 SOURCE: NC Sentencing and Policy Advisory Commission, FY 2001/02 Correctional Program Evaluation

7. Rearrest Rates Using a 3-Year Follow-Up Period for Offenders Placed on Probation or Released from Prison in FY 01/02 Age at Admission to DOC N All (%) Prisoners (%) Probationers (%) 16-17 Years3,97046.267.743.2 18-21 Years9,03144.960.239.5 All Youthful Offenders 13,03845.361.540.8 All Offenders57,97338.249.833.3 SOURCE: Report on the Study of Youthful Offenders, page 29

8. Summary of Findings  16-17 year old probationers and prisoners had higher rearrest rates than adult probationers and prisoners in the sample.  16-17 year old prisoners returned to the criminal justice system in a shorter time than any other age group.  Differences between youthful and adult offenders create unique challenges for the Department of Correction.

9. 2009 Juvenile Recidivism Study  Legislatively mandated, biennial report  Sample: 20,236 juveniles with at least one delinquent complaint during FY 2004/05  Follow-up period: Three years  Outcome measure: Any subsequent juvenile complaint and/or adult arrest

10. Description of Four Sample Groups  Closed: Complaint was closed at intake by a court counselor, with no further action required.  Diverted: Complaint was diverted from court by a court counselor who developed a plan or contract for the juvenile to comply with certain conditions. Non- compliance with the plan or contract could later result in the filing of the complaint as a petition in juvenile court.

11. Description of Four Sample Groups (Cont’d)  Dismissed: Complaint was filed as a petition and dismissed by the court during the pre-adjudicatory or adjudicatory hearing.  Adjudicated: Complaint was filed as a petition and the juvenile was adjudicated delinquent by the court. The adjudication may or may not have had a disposition entered in the time frame of the study.

12. Juvenile Recidivism Sample FY 2004/05 Juvenile Sample (N=20,236) Adjudicated (n=7,012) 35% Dismissed (n=2,409) 12% Diverted (n=5,100) 25% Closed (n=5,715) 28% SOURCE: NC Sentencing and Policy Advisory Commission, FY 2004/05 Juvenile Recidivism Sample

13. Juvenile Recidivism Sample Profiles Sample Profiles Level of Involvement All N=20,236 Adjudicated n=7,012 Dismissed n=2,409 Diverted n=5,100 Closed n=5,715 Demographic Profile Age at Offense13.813.613.5 13.6 % Male77.470.866.165.670.4 % Black53.856.546.650.951.5 Sample Offense Profile Offense Type % Felony22.419.23.22.111.4 % Misdemeanor77.680.896.897.988.6 Offense Classification % Violent2.73.70.0 1.4 % Serious29.125.38.26.917.1 % Minor68.271.091.893.181.5 SOURCE: NC Sentencing and Policy Advisory Commission, FY 2004/05 Juvenile Recidivism Sample

14. Juvenile Recidivism Rates Level of Involvement Subsequent Complaints Adult Arrests Overall Recidivism Time to Failure %%In months Adjudicated45.728.155.710.8 Dismissed40.825.548.011.3 Diverted31.915.338.712.8 Closed29.015.935.512.2 TOTAL36.721.444.811.6 SOURCE: NC Sentencing and Policy Advisory Commission, FY 2004/05 Juvenile Recidivism Sample

15. Summary of Findings  A relationship was found between the juveniles’ level of involvement with the juvenile justice system and the likelihood of recidivating.  A relationship was observed between the type of sample offense and the recidivistic events in the three-year follow-up period.  A complex relationship was noted between age and recidivism for juveniles in the sample.

16. NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION  Web site: http://www.nccourts.org/Courts/CRS/ Councils/spac  Phone: (919) 890-1470