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CALIFORNIA UPDATE— JUVENILE JUSTICE TRENDS AND NEW LEGISLATION Roundtable - September 13, 2014

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

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CALIFORNIA UPDATE— JUVENILE JUSTICE TRENDS AND NEW LEGISLATION Roundtable - September 13, 2014

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

  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 3

  4. California Arrests of Juveniles 2012 Felony violent 9,437 Felony other 26,931 Status Offenses 16,392 2012 TOTAL JUVENILE ARRESTS 120,720 (down by 50% from 243,090 in 2002) Misdemeanor 67,960 Source: California Department of Justice 4 Commonweal

  5. California Juvenile Felony Arrests andJuvenile Felony Arrest Rate Per 100,0001995-2012 Source: California Department of Justice Commonweal

  6. California Arrests for VIOLENT crimesJuvenile and Adult Arrest Rate Per 100,0001995-2012 Source: California Department of Justice Commonweal

  7. County Juv. Facility ADP and Rated Capacity Juvenile Halls & Probation Camps/ RanchesFive 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 FacilitiesCombined Average Daily Population (ADP) for delinquency cases (4th quarter 2009 and 2012)Three year decline of 25% Commonweal

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

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

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

  12. Downsizing the CA Div. of Juvenile Justice Major Milestones 1996 -2013 DJJ POP 10,000 700 • 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 Commonweal

  13. California Division of Juvenile FacilitiesInstitutional Population1996 – 2013 (as of December 31 each year) SB 81 13 Source: Ca. Dept. of Corrections & Rehabilitation Commonweal

  14. Annual Juvenile Court Commitments to DJJAll Counties – 2003 through 2013 Commonweal

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

  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) County Probation Juv. Justice facilities and programs- total $1.7 billion State Div. of Juvenile Justice (DJJ) Total budget $ 170 million $15 million est. Federal Funds $390 million CA State Grants and Funds $ 180 million State General Fund $1.25 billion est. County General 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 justiceoperations under 2011-12 realignment Sources: CA Dept of Finance, Ca. State Association of Counties Commonweal

  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: http://www.nap.edu/catalog.php?record_id=14685 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 -2014 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. 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

  21. California Legislation -2014 Report • 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 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. California Legislation -2014 Report • 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 14-15 budget at $850,000 • Goal: establish a separate, privately funded facility for selected age 18-25 CDCR inmates, with an intensive treatment and re-entry emphasis- other details under development Commonweal

  23. Board of State and Community Corrections Juvenile Justice Mission & Mandates Csa and bscc BSCC Juvenile Justice mandates include • Grants programs: JJCPA, YOBG, SB 81 construction, gang grants, MIOCR, federal JJDPA funds • Facility standards & inspection (camps/ ranches, juv. halls, jails) • 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) • 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. 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

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