1. 1 CALIFORNIA UPDATE— JUVENILE JUSTICE TRENDS AND NEW LEGISLATION Roundtable - September 19, 2015 by David Steinhart PACIFIC JUVENILE DEFENDER CENTER

2. 22 COVERAGE  Juvenile crime and incarceration trends  Arrest and incarceration trends  Petitions filed  Juveniles tried & sentenced as adults  DJJ and realignment update  Division of Juvenile Justice– inmate levels remain low  County caseloads of shifted youth- outcome data still lacking  Other DJJ issues that may be legislatively addressed in 2016  BSCC’s expanding juvenile justice role  Vast grant portfolio; Juvenile Justice Standing Committee; Juvenile Justice Data Working Group  California legislative update – 2015 bills  Emerging policy issues for 2016

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

4. 44 California Arrests of Juveniles 2014 Status Offenses 10,881 Felony other 19,627 Felony violent 8,024 Misdemeanor 48,291 2014 TOTAL JUVENILE ARRESTS 86,823 ( down by 64% from 243,194 in 2002) Source: California Department of Justice Commonweal

5. 55 Source: California Department of Justice California Juvenile Felony Arrests and Juvenile Felony Arrest Rate Per 100,000 1995-2014 Commonweal

6. 66 California Arrests for VIOLENT crimes Juvenile and Adult Arrest Rate Per 100,000 1995-2014 Source: California Department of Justice Commonweal

7. 77 County Juv. Facility ADP and Rated Capacity Juvenile Halls & Probation Camps/ Ranches Five year trend : 2009 – 2014 (mid year counts) Juvenile Halls Probation Camps/Ranches Source: CA Bd. of State & Community Corrections, Juv. Detention Profile Surveys Commonweal

8. 88 All California Juvenile Justice Facilities Combined Average Daily Population (ADP) for delinquency cases (mid 2009 - mid 2014) Five year decline of 37% Commonweal Sources: CA Div. of Juvenile Justice, CA Board of State & Community Corrections, Berkeley School Of Social Welfare (CWS/CMS data base). Private placement figure includes only probation youth placed in group homes per the CWS/.CMS data base.

9. 9 California Transfers of Juveniles to Adult Criminal Court 2004 - 2011 Source: California Department of Justice Commonweal

10. 1010 Adult Court Dispositions of Juveniles – 2014 (N = 395 total dispositions) Convicted 347 (88%) Dismissed, Acquitted or Rt’d to Juv. Ct. 48 (12%) State Prison 226 (65%) Probation 8 (2%) Probation with Jail 91 (26%) Jail 12 (4%) Fine / Other 6 (<1%) Source: California Department of Justice. DJJ Commitment 4 (<1%) Commonweal

11. 1111 The CA Division of Juvenile Justice (DJJ) Commonweal

12. 1212  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 1996 -2014 DJJ POP 10,000 700 Commonweal

13. 1313 California Division of Juvenile Facilities Institutional Population 1996 – 2014 (as of December 31 each year) Source: Ca. Dept. of Corrections & Rehabilitation, Div. of Juv. Justice SB 81 Commonweal

14. 1414 Annual Juvenile Court Commitments to DJJ All Counties – 2003 through 2014 Commonweal

15. 1515 Juvenile Court 1 st Commitments (534) Adult Court E & M Cases (136) Juv. Court Parole Violators (0) Source: CA Division of Juvenile Facilities, Research Div. DJJ Institutional Population Dec. 31, 2014 by Court and Type of Commitment N= 670 inmates Commonweal

16. 1616 CA Division of Juvenile Justice: Open issues and continuing challenges   How are “realigned” juveniles doing at the county level? Performance and youth outcome data are generally lacking Juvenile halls increasingly used for commitments-- a growing but poorly documented concern Still unresolved: meeting mental health, other local treatment and re- entry needs   The good news: violent crime rates remain at historic lows   Potential areas of DJJ legislative reform for 2016 DJJ sex offender lifetime registration– can it be modified? Age of retention in DJJ– can it be raised? Honorable discharge– what does it mean today? Commonweal

17. 1717 Funding the CA Juvenile Justice System-- Annual costs and fund sources ( 2013) State Div. of Juvenile Justice (DJJ) Total budget $ 170 million $ 170 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. 1818 State support for local juvenile justice operations under 2011-12 realignment Fund or Program Fund or Program FY 13/14 FY 14/15 2007 Juv. Justice Realignment (SB 81) $104 million $ 114 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 $ 398 million $ 408 million Commonweal Sources: CA Dept of Finance, Ca. State Association of Counties

19. 19 Bd. of State & Community Corrections Expanding Juvenile Justice Role   BSCC juvenile justice mandates   BSCC juvenile justice grants o o County facility construction (SB 81) $ 80 million o o MIIOCR (Mentally ill offender grants) $ 21 million o o CalGRIP (Gang programs) $ 9 million o o Federal funds $ 40 million (JJDPA, Byrne JAG)   BSCC and Proposition 47   Juvenile Justice Standing Committee Commonweal

20. 20 Juvenile Justice Data Working Group o o Statutory Working Group to recommend JJ data system and performance measure reforms, report to the Legislature due Jan. 2016 o o Major concerns:   Antiquated state data network (JCPSS)   No capacity to collect key info– e.g., on recidivism   Interest in juvenile justice “wellness” outcome measures   Reporting requirements for JJCPA, YOBG grants o o No state investment in JJ data for decades, California well behind other states o o Adequate data needed for program evaluation and development in California Commonweal

21. 21 California Legislative Update for 2015: NOTE: for bills sent to the Governor in the last week of the session ending September 11 the Governor has until October 11 to sign or veto

22. 22 Bills sent to the Governor for action by Oct. 11 include: AB 666 (Stone)   Extends WIC 786 auto-sealing to probation, law enforcement records   Mandates Judicial council forms and rules for std. implementation   Defines “satisfactory completion” of probation   Permits sealing for those with unpaid restitution orders   Permits sealing for 707s with dismissed/reduced charges (In re G.Y.)   Permits discretionary court sealing of priors AB 989 (Cooper)   Competing CPOC bill on Governor’s desk   No extension of auto-sealing to cover non-court records SB 504 (Lara)   Amends the “sealing by petition” statute (WIC 781)   Provides that court costs cannot be imposed on those under age 26 Sealing of juvenile records Commonweal

23. 23 SB 382 (Lara) – signed into law, effective 1/1/16   Major adjustments in the five main fitness (WIC 707) criteria, modeled on developmental factors   For example:   “Gravity of the offense”– court may give weight to any relevant factor including “mental & emotional development” and the “actual behavior” & “mental state” of the person   “Criminal sophistication”- court may give weight to developmental factors including “impetuosity or failure to appreciate risks”, “peer pressure”, “childhood trauma”.   Will these changes deter prosecutors from selecting fitness vs. direct file?   Now only about 20% of transfer cases are “fitnessed” vs. direct file Fitness hearing criteria Commonweal

24. 24 Defense counsel training requirements AB 703 (Bloom)- to the Governor for action by Oct 11   Applies to court-appointed defense counsel in 601/602 cases   Sets out broad standards for court-appointed counsel– For example: counsel shall have “adequate investigation & preparation”, “shall confer with minor prior to each hearing”, shall engage social workers where appropriate.   Requires Judicial Council, with stakeholder collaboration, to adopt rules on minimum hours of training and education or sufficient recent experience in delinquency proceedings Rules to be adopted by July 1, 2016 Rules to include listed subject areas for training– e.g., child & adolescent development and mental health. Commonweal

25. 25 Group homes- complete overhaul AB 403 (Mark Stone)- to the Gov. for action by Oct. 11   Administration/CDSS “Continuum of Care Reform”   GOAL: Move most group home placements to individual foster homes; shorten stays, reduce cost for remaining placements.   MAIN target: Child welfare placements but 602s are affected   Probation impact   Group homes at RCL levels 0-9 will be eliminated   A single and high level of care will replace all group homes, known as “Short Term Residential Treatment Centers” (STRTC’s)   Implementation issues for probation cases   Current providers must choose to convert to STRTC by end 2016, though extensions can be granted by CDSS on case-by-case basis   System impact: Will 602 placements dry up? Will caseload move to secure local juvenile facilities?   Implementation plan has loose ends– it will take years to implement Commonweal

26. 26 Prison term reviews for young adults SB 261 (Hancock)- to the Gov. for action by Oct 11. Extends parole release reviews by the Bd. Of Parole Hearings made available by last year’s SB 260, to prisoners whose crimes were committed prior to age 23 (up from age 18) Sets out target dates for BPH to complete parole hearings for those qualifying for reviews Advanced by Sen. Hancock based on developmental science and maturity factors embraced by U.S. Supreme court in death penalty & LWOP cases Otherwise applies process and criteria created by SB 260 to this larger, older class of prisoners Parole release review after 15/20 years of incarceration Developmental and related criteria for sentence reduction Commonweal

27. 27 Other bills of interest sent to the Governor AB 217 (Maienschein): Minor’s right to address court in hearing- signed into law, effective 1/1/16. AB 899 (Levine): Hearing & court order needed to send juv. records to fed. immigration- pending. SB 110 (new wobbler for threat of school violence by any means) and SB 456 (misdemeanor for firearm threats with costs of response assessed)- pending. AB 1056 (Atkins). Assembly Speaker’s bill to guide BSCC Prop 47 allocation into defined diversion & treatment programs- pending. Commonweal

28. 28 Juvenile Solitary Confinement Reform bill on hold (2 year bill) SB124 (Leno) would impose strict limits on juvenile solitary confinement in state and local facilities Bans solitary for discipline, mental health and other reasons, limits use to 4 hours in qualifying cases Third year trying to legislate this reform: bills hung up on CPOC opposition & facility safety concerns Issue of growing concern, in CA and nationally   Note: CDCR accord to reduce use of solitary in CA prisons   Note: litigation settlement in Contra Costa Co. ending solitary Commonweal

29. 29 Legislative issues stirring for 2016 Areas of reform drawing attention:   Broader assault on direct file laws (Prop 21)?   DJJ-- E.g. sex offender registration, age of retention   New, research-driven diversion-from-prosecution alternatives for juveniles?   Prop 47: clarification of juvenile application, spending?   Juvenile Justice Data Working Group recommendations?   Confinement conditions– e.g., SB 124 (solitary). Legislative turnover is a concern:   Reliable champions terming out, others starting to emerge Commonweal