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Presenter David Steinhart Director, Commonweal Juvenile Justice Program

Pacific Juvenile Defender Center California Juvenile Justice Policy & Legislation Update Loyola Law School, Los Angeles November 20, 2009. Presenter David Steinhart Director, Commonweal Juvenile Justice Program. PRESENTATION COVERAGE. California youth arrest and incarceration trends

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Presenter David Steinhart Director, Commonweal Juvenile Justice Program

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  1. Pacific Juvenile Defender Center California Juvenile Justice Policy & Legislation UpdateLoyola Law School, Los Angeles November 20, 2009 Presenter David Steinhart Director, Commonweal Juvenile Justice Program

  2. PRESENTATION COVERAGE • California youth arrest and incarceration trends • CA juvenile justice realignment update (SB 81) • State and county impact since enactment • 2009 “accountability” amendments to SB 81 • CA Legislative Update • Budget outcomes for juvenile justice programs • Bill outcomes and two year bills still pending • Federal Youth Violence & Gang Legislation • Youth Promise Act, Feinstein Gang Abatement Act, JJDPA Renewal • Major juvenile justice policy issues on the agenda for 2010

  3. California Youth Arrest & Incarceration Trends

  4. California Juvenile Felony Arrests andJuvenile Felony Arrest Rate Per 100,0001995-2008 Source: California Department of Justice

  5. California Arrests for VIOLENT CRIMESJuvenile and Adult Arrest Rate Per 100,0001995-2007 Source: California Department of Justice

  6. California Juvenile Justice SystemReferrals to Probation & Petitions Filed2002 – 2008 Referrals 71% Petitions 73% Source: California Department of Justice

  7. California Juvenile Justice FacilitiesAverage Daily Populations By placement type in mid-2008 (TOTAL ADP = 15,900) Sources: CA Corrections Standards Authority, CA Division of Juvenile Justice, CA Department of Social Services (Berkeley Center for Social Services Research)

  8. California Juvenile Justice FacilitiesAdmissions of Delinquency Casesby Facility Type in 2008Total Admissions = 130,000 Juveniles Sources: CA Corrections Standards Authority, CA Division of Juvenile Justice, CA Department of Social Services (Berkeley Center for Social Services Research)

  9. California Juvenile Justice FacilitiesAverage Length of Stay for Delinquency Cases By Facility Type (2007/08, in days) Sources: CA Corrections Standards Authority, CA Division of Juvenile Justice, CA Department of Social Services (Berkeley Center for Social Services Research)

  10. California Transfers of Juveniles to Adult Criminal Court 2004 - 2008 Source: California Department of Justice

  11. Adult Court Dispositions of Juvenile Cases – 2008(N = 746 dispositions) Prison/ Youth Authority 358 (58%) Convicted 616 (83%) Probation 17 (3%) Probation with Jail 215 (35%) Dismissed, Acquitted or Rt’d to Juv. Ct. 132 (17%) Jail 9 (2 %) Fine / Other 17 (3%)

  12. SB 81– Juvenile Justice Realignment Update

  13. SB 81- Essential Elements of the Reform • Effective September 2007 • Banned all future DJF commitments of “non-violent” youth (“non 707(b) offenders”) • Exception: non-707(b) sex offenders • 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 options

  14. SB 81 at the two year mark-- State impact: Steep decline in DJF population

  15. California Division of Juvenile Facilities(former CYA)Institutional Population1996 – 2008 (as of December 31 each year) Source: Ca. Dept. of Corrections & Rehabilitation

  16. ____ __________ __ ____ __ _________ ___ __________ __ _______ _____ ______ _____ ___ DJF First Commitments by Court of Commitment and admissions of “housing” (state prison) cases 2004 – 2009 est Source: CA Division of Juvenile Facilities, Research Branch

  17. California Division of Juvenile Facilities (former CYA)Per ward/ per year Institutional Cost1996 - 2008 Consent decree adopted In Farrell litigation Sources: CA state budgets, CA Dept. of Finance, CA Div. of Juvenile Justice,

  18. SB 81 at the two year mark- County impact and program development • Picture is fragmented due to: • No county plans past year • No state monitoring, no county reports on SB 81 funded programs • “Shift” cases are hard to identify • Where is the displaced caseload going? • Juvenile hall commitments: more of them, & they are longer • Specialized camp programs- e.g. at Challenger in Los Angeles • Older youth paroled from DJF have been banked on adult probation • Program development may be impeded by using SB 81 funds to supplant other probation costs

  19. County SB 81- YOBG allocations 10 largest for FY 09/10 (in $ millions)

  20. SB 81 Amendments (2009)YOBG “accountability” requirements Why were amendments needed? No monitoring of how counties spend $93 million/year Complaints about how counties are spending YOBG funds Need to document spending to sustain YOBG funding What the amendments do(SB 13X4 effective 7-28-09) Annual plan requirement County must file annual spending plan w/ CSA Annual expenditure reports Must be filed by Oct. 1 each year with CSA Performance outcome measures Modeled on JJCPA measures Youth outcomes must be tracked for YOBG programs CSA must compile & publish annual summaries

  21. California Juvenile Justice Budget and Bill Outcomes for 2009 California Legislative Report: Juvenile Justice Budget and Bill Outcomes for 2009

  22. State-Local Juvenile Justice FundsBudget outcomes FY 07/08 – FY 09/10

  23. California Legislation • Division of Juvenile Justice bills to cut incarceration time • AB 1053 (Solorio), signed: Advances release dates for DJF wards • AB 999 (Skinner), two year bill– new time-add & time-credit rules • SB 399 (Yee): Juvenile LWOP • Modified version stopped again in the Assembly • SB 678 (Leno): Community corrections for probation violators • State pays counties to keep probation violators in local programs • County fund based on # violators not sent to state prison • Goal: cut state prison pop. and cost, improve community offender services • AB 1516 (Lieu): Prosecution-directed mental health exams • Defendant (juv. or adult) must submit to prosecution MH exam if def. counsel discloses expert on defendant’s mental state • Responds to Verdin v. Sup. Ct. holding that only Legislature can so authorize

  24. California Legislation • Two year bills “still on the table” for 2010 • AB 12 (Beall): Extended foster care benefits to age 21 • AB 114 (Carter): Balanced and Restorative Justice programs • AB 438 (Beall): Juvenile & adult offenders with developmental disabilities • SB 134 (Lieu): Rights of incarcerated juveniles to communicate with their children • SB 441 (Ducheny): Reconfigure the Corrections Standards Authority See Steinhart Leg. Digest for details, or go to www.leginfo.ca.gov

  25. Federal Legislation • Youth Promise Act (Rep. Bobby Scott- H.R. 3846) • Would invest $3 billion in youth crime prevention & gang outreach programs • Local Promise Coordinating Councils allocate funds • Heavy emphasis on alternatives to incarceration, evidence-based practices • Broad bi-partisan support in the House of Rep. • Gang Abatement Act (Feinstein– S. 132) • Competes with Youth Promise Act- only 1 bill likely to emerge from Congress • Focuses federal funds on law enforcement, gang suppression programs • Increases federal penalties, widens definitions of criminal gang activity • JJDPA Reauthorization • Senate renewal version (Leahy, Kohl & Specter)- S. 678 • Strengthens core JJDPA mandates on jail removal, status offenders, DMC • May include new incentive grants for mental health, re-entry services

  26. California Policy Issues in Play for 2010 A. Shut down the state Div. of Juvenile Facilities? • Proponents and proposals in play • Cost pressures on CDCR and DJF are paramount • Pros/ cons/ prospects for total closure • Overhaul state-local JJ program funding? • Consolidation proposals to merge JJ funding streams • Evidence based requirements tied to funds • Restructure state agencies that administer funds • State budget crisis / deficit still dominates in 2010

  27. California Policy Issues in Play for 2010 C.Mentally ill juvenile offenders? • JJ facilities (state & local) packed with mental health cases • Loss of funds– MHSA not filling gaps • MediCal eligibility problems for incarcerated youth • Models of reform: Cal Endowment “HRI”, MIOCR programs • Legislator interest in reform D. Election year politics • AG and Governor’s candidates will square off on crime & corrections • Gang violence likely to be a hot issue • Budget will be still be a mess in 2010: another big deficit year • Administration will turn over in 2011– lame duck year ahead

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