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Juvenile Justice Reform in California. Presented by: Elizabeth Siggins Chief, Juvenile Justice Policy California Department of Corrections and Rehabilitation. Juvenile Justice Reform in California. The System In Context (2004) : Juvenile Arrests: 206,201

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juvenile justice reform in california

Juvenile Justice Reform in California

Presented by:

Elizabeth Siggins

Chief, Juvenile Justice Policy

California Department of Corrections and Rehabilitation

juvenile justice reform in california2
Juvenile Justice Reform in California

The System In Context (2004):

  • Juvenile Arrests: 206,201
  • Probation Department Dispositions: 169,681
    • Closed at Intake: 60,942 (36%)
    • Informal Probation: 5,444 (3%)
    • Diversion: 7,881 (5%)
    • Transferred: 8,848 (5%)
    • Petitions Filed: 86,283 (51%)

Source: CA Department of Justice. Juvenile Justice in California, 2004

juvenile justice reform in california3
Juvenile Justice Reform in California

Petitions Filed in Juvenile Court: 86,283

  • Dismissed: 17,411 (20%)
  • Diversion/DEJ/Transferred: 5,396 (6%)
  • Informal Probation: 4,842 (6%)
  • Non Ward Probation: 3,255 (4%)
  • Remanded to Adult Court: 252 (<1%)
  • Wardship: 55,129 (64%)

Source: CA Department of Justice. Juvenile Justice in CA, 2004

juvenile justice reform in california4
Juvenile Justice Reform in California

Wardship Dispositions: 55,129

  • Own or Relative’s Home: 34,613 (63%)
  • Secure County Facility: 13,223 (24%)
  • Non-Secure County Facility: 1,966 (4%)
  • Other Public/Private Agency: 4,668 (8%)
  • Division of Juvenile Justice (CYA): 659 (1.2%)

Source: CA Department of Justice. Juvenile Justice in CA, 2004

slide5

The Juvenile Justice System in California 2004: Most Youthful Offenders Are Kept Locally

Juvenile Arrests

206,201

Probation Department Dispositions

169,681

Probation Department Dispositions

51% of Dispositions

86,283

Petitions Filed in Juvenile Court

32% of Disposition 55,129

Youth Adjudicated with Formal “Wardship”

0.4% of Dispositions 659

Youth Committed to the

State’s Division of Juvenile Justice

juvenile justice reform in california the historical context
Juvenile Justice Reform in CaliforniaThe Historical Context
  • Legislative Efforts to Keep Youth Locally
      • Sliding Scale Fee Legislation (1995)
  • Legislative Efforts to Enhance Local Services
      • Challenge Grants I & II (1996-98), JJCPA (2000)
      • VOI/TIS (beginning 1997/98)
  • Despite these efforts, ongoing tensions betweenstate and 58 counties
  • Increasing Frustrations with CYA/DJJ
      • SB 1793(attempted to eliminate YOPB)
      • SB 459 (limited YOPB’s role)
juvenile justice reform in california the historical context7
Juvenile Justice Reform in CaliforniaThe Historical Context
  • Very early in the Schwarzenegger Administration, problems at DJJ (then CYA) became high profile.
  • Expert reports in Farrell v. Hickman revealed significant deficiencies throughout the department (Jan 2004):
      • DJJ’s failure to ensure safety from violence
      • Due process violations
      • Improper and illegal conditions of confinement
      • Inadequate medical and mental health care
juvenile justice reform in california the historical context8
Juvenile Justice Reform in CaliforniaThe Historical Context

Problems at State Facilities Highlighted (cont’d)

    • Inadequate access to education, substance abuse treatment, and sex offender programs
    • Denial of religious rights
    • Disability discrimination
  • Extensive legislative and media attention throughout winter and spring 2004
  • Inspector General’s Report Jan. 2005
juvenile justice reform in california9
Juvenile Justice Reform in California

High Profile Commitment to Juvenile Justice Reform:

  • Governor Schwarzenegger at N.A. Chaderjian in November 2004.
  • Stipulated Agreement in January 2005.
juvenile justice reform in california incarceration rates
Juvenile Justice Reform in CaliforniaIncarceration Rates

Note: Total at-riskpopulation: 10-69 years of age; Adult at-risk: 18-69 years of age; Juvenile at-risk:

10-17 years of age.

Source: CA Department of Justice, Crime in California, 2003

juvenile justice reform in california djj commitment compared to the arrest rate
Juvenile Justice Reform in CaliforniaDJJ Commitment Compared to the Arrest Rate

Source:Office of Research, Juvenile Justice Branch, Information Systems Unit

juvenile justice reform in california12
Juvenile Justice Reform in California

DJJ Institutions and Parole Populations 1974-2004

Source:Office of Research, Juvenile Justice Branch, Information Systems Unit

ca compared to other states
CA COMPARED TO OTHER STATES

Unusual Features of the California Juvenile Justice System

  • Longer extended age for juvenile court jurisdiction (age 24) than most states.
  • One of 6 states where length of stay is based on an indeterminate commitment with a maximum.
  • One of 11 states which have the juvenile authority within an adult corrections agency.
  • One of 7 states with a juvenile parole board.
juvenile justice reform working group 2004
Juvenile Justice Reform Working Group 2004
  • There was no consensus in significant areas:
      • Separate Juvenile Justice agency?
      • Reduce age of jurisdiction?
      • Make local courts responsible for release authority?
      • Replace sliding scale with an incentive system (realignment)?
      • Even transferring aftercare to counties was later abandoned.

Note: Everyone agreed the State needed to take a stronger leadership role.

juvenile justice reform in california16
Juvenile Justice Reform in California

Pressure in Farrell lawsuit continued to increase:

  • State failed to implement early commitments.
      • Separate high and low risk offenders.
      • “Open programming.”
      • Reduce violence.
  • State committed to transforming the state system to a rehabilitative model.
  • Lots of pressure to eliminate the state juvenile justice system all together.
what does juvenile justice reform mean17
What does Juvenile Justice “Reform” mean?
  • Reform what happens in state system?
  • Reform who goes to state system?
  • Do we need a state system?
djj s population trends primary offense on first commitment
DJJ’s Population Trends:Primary Offense on First Commitment
  • The percentage of youth committed for a violent offense has increased significantly since the 1960’s, from less than 15% to over 60% today.
slide19

The Juvenile Justice System in California 2004: Most Youthful Offenders Are Kept Locally

Juvenile Arrests

206,201

Probation Department Dispositions

169,681

Probation Department Dispositions

51% of Dispositions

86,283

Petitions Filed in Juvenile Court

32% of Disposition 55,129

Youth Adjudicated with Formal “Wardship”

0.4% of Dispositions 659

Youth Committed to the

State’s Division of Juvenile Justice

california compared to other states
California Compared to Other States
  • California houses a lower percentage of committed youth in its state facilities than the national average and other comparison states.
  • Source: Census of Juveniles in Residential Placement Databook, 2005 (Chris Murray analysis of data)
state incarceration rate
State “Incarceration Rate”
    • The state “incarceration rate” for youth in California is lower than other comparison states.
  • Source: Census of Juveniles in Residential Placement Databook, 2005 (Chris Murray analysis of data)
djj s population trends length of stay
DJJ’s Population: TrendsLength of Stay
      • The increase in violent offenses has been accompanied by an increase in the
      • average length of stay for initial commitments from 18.8 months in 1986 to 36.3
      • months in 2005.
  • Source: Census of Juveniles in Residential Placement Databook, 2005 (Chris Murray analysis of data)
what does juvenile justice reform mean23
What does Juvenile Justice “Reform” mean?
  • Do we need a state system?
  • Reform who goes to state system?
    • Need Risk/Needs Assessment
  • Reform what happens in state system?
implementing an effective rehabilitative model within state juvenile justice system
Implementing an Effective Rehabilitative Model within State Juvenile Justice System

Challenges:

Applying research to an operational model that can be supported financially and politically.

  • Staff
  • Training
  • Quality Assurance
  • Evaluation
cost of djj s system
Cost of DJJ’s System
  • DJJ’s COST PER YOUTH
  • (Estimated)
  • DJJ institutions cost more than $120,000 per youth in FY 05-06
  • 2005-06 Expenditures
  • Juvenile operations $178,589,000
  • Juvenile education & programs $138,523,000
  • Juvenile parole $ 40,468,000
  • Juvenile healthcare $ 56,135,000
  • Total $413,715,000
  • Less parole $ 40,468,000
  • Total for institutions $373,247,000
    • Average daily population for 2005 3,100
      • Cost per bed per year $ 120,402

Source: Governor’s Budget, Budget Year 2006/07 (Prepared by Chris Murray)

cost of djj s system26
Cost of DJJ’s System

Other States Cost Far Less

The five comparison states that were visited generally cost less than half of DJJ costs.

Missouri $57,170

Washington* $68,564

Florida $57,998

Texas $56,582

Colorado (waiting for data)

*Washington costs do not include education

Source: Census of Juveniles in Residential Placement Databook, 2005 (Chris Murray analysis of data)

cost of djj s system why is djj so much more expensive
Cost of DJJ’s System:Why is DJJ so much more expensive?

The analysis is not complete but preliminary findings (subject to refinement) show that:

  • In Washington State, the average salary for the position equivalent to a Youth Correctional Officer (YCO) is 55% of that earned by a typical YCO in California.
    • The average for the position equivalent to a Youth Correctional Counselor (YCC) is 67% of a YCC in California.
    • Adjusting for wage differences, the “Washington” program in California would cost about $113,000 per youth per year – a figure which does not include educational costs.

Source: Census of Juveniles in Residential Placement Databook, 2005 (Chris Murray analysis of data)

cost of djj s system cont d
Cost of DJJ’s System:(cont’d)
  • In Missouri, the average salary for the position equivalent to a Youth
  • Correctional Counselor is 41% of that earned by a typical YCC in
  • California (Missouri does not employ Youth Correctional Officers).
      • Adjusting for wage differences, the “Missouri” program in

California would cost about $141,000 per youth per year.

(This calculation also subject to refinement.)

Source: Census of Juveniles in Residential Placement Databook, 2005 (Chris Murray analysis of data)

juvenile justice reform plan
Juvenile Justice Reform Plan
  • All six remedial plans have been filed in court.
  • Safety & Welfare (the most comprehensive)
      • Eliminates “general population”
      • Risk/Needs Assessment
      • Plans based on principles of effective intervention:
          • Need
          • Responsibility
          • Dosage
          • Treatment
      • Reduces living unit size
      • Enhances staffing

Source: (Gendreau, 1997; Andrews& Bonta, 1998; Guerra 1995; Palmer, 1995; Miller& Rolnick, 1991, 2001; etc.)

juvenile justice reform plan30
Juvenile Justice Reform Plan

Some Controversial elements of DJJ’s Plan:

  • Explores the possibility of placing female offenders in contract placements
  • New staff classifications
  • Requires significant resources
  • Ultimately seeks new facilities
  • Unfortunately, energy is not concentrated on effective implementation or quality assurance, but on trying to get support for the “reform plan.”
juvenile justice reform plan31
Juvenile Justice Reform Plan

Why is it so difficult?

  • What does “reform” mean?
  • What would “success” mean?
  • Field is reactive in nature.
  • Stakeholders not educated about evidence

(e.g., importance of risk/needs assessment, etc.).

juvenile justice reform in california33
Juvenile Justice Reform in California

On a positive note…

  • In many circles, evidence-based language is becoming the “norm.”
  • State and counties are working together.
  • California Juvenile Justice Accountability Project.
      • Survey of Current Practices
      • Common Indicators /Outcome Measures
  • Moving toward a stronger continuum?
  • Change takes time.
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