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JUVENILE JUSTICE REFORM AND VIOLENCE PREVENTION POLICY IN CALIFORNIA

JUVENILE JUSTICE REFORM AND VIOLENCE PREVENTION POLICY IN CALIFORNIA TCWF Violence Prevention Conference November 15, 2007 – San Francisco A Summary of SB 81 Juvenile Justice Realignment Provisions and Implementation Issues Plus FY 07-08 State Budget Results for Violence Prevention Programs

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JUVENILE JUSTICE REFORM AND VIOLENCE PREVENTION POLICY IN CALIFORNIA

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  1. JUVENILE JUSTICE REFORM AND VIOLENCE PREVENTION POLICY IN CALIFORNIA TCWF Violence Prevention Conference November 15, 2007 – San Francisco A Summary of SB 81 Juvenile Justice Realignment Provisions and Implementation Issues Plus FY 07-08 State Budget Results for Violence Prevention Programs Presented by David Steinhart Director, Commonweal Juvenile Justice Program

  2. SB 81: Juvenile Justice RealignmentOVERVIEW DJJ Population will be “downsized” to about one half its current level Expect: 1,500 DJJ wards in 2 years (from 2,500 now) Non-violent juvenile offenders will stay in county programs and facilities– No DJJ State will pay counties for new juvenile disposition and aftercare programs DJJ will continue to accept serious- violent offenders committed by county courts

  3. SB 81: Why did we need it?

  4. SB 81: How did it happen? • Earlier realignment proposals failed • Governors would not budge– united with CCPOA/victims groups against CYA reform • Counties did not support: “…not enough money” • What was different in 2007? • Governor ready to deal: COST DRIVEN DECISION • Counties willing to play: IF THE MONEY IS RIGHT • Lawmakers ready to change: DISCOURAGED ON DJJ • Negotiations lead to SB 81 package (May ’07) • Counties, Administration, Legislature agree on details

  5. California Division of Juvenile Justice (CYA to 2005)Institutional Cost Per Ward Per Year1996 – 2007 Farrell consent decree Sources: CA state budgets, CA Dept. of Finance, CA CDCR-Div. of Juvenile Facilities

  6. SB 81: What does it do?CASELOADS AFFECTED FUTURE COMMITMENTS • “NON 707 (B)” JUVENILES CANNOT BE SENT TO DJJ after Sept. 1, 2007 • EXCEPTION for non 707 “registerable” sex offenders on the PC 290 (d) (3) list • HOW MANY OFFENDERS MUST BE KEPT UNDER COUNTY CONTROL? • Non 707’s were about 40% of commitments to DJJ in 2006 • ABOUT 300 WARDS/ YEAR WILL BE SB 81 “NOT ELIGIBLE” FOR DJJ • ANOTHER 350 WARDS/YEAR WILL BE “NON RETURNABLE” FOR PAROLE VIOLATIONS CURRENTLY INSTITUTIONALIZED WARDS • MAY BE INDIVIDUALLY RECALLED BY COUNTIES (Non 707s) • IF NOT RECALLED, WILL BE RELEASED IN DUE TIME BY THE PAROLE BOARD • HOW MANY are there? As of 9/07, DJJ pop. included about 700 non 707s CURRENT PAROLEES • NOT A FULL SHIFT TO COUNTIES • UPON VIOLATION (per AB 191) WARD MOVES TO COUNTY SUPERVISION • LOCAL COURT HOLDS RE-ENTRY HEARING TO SET PROBATION CONDITIONS • HOW MANY? About 575 non 707 wards are on the DJJ parole caseload (9-07)

  7. SB 81: What does it do?PAYMENTS TO COUNTIES YOUTHFUL OFFENDER BLOCK GRANT FUND • Based on $ 117,000/ year for banned commits & returns • Relief from “sliding scale” fees adds value to this payout • $ 15,000 per year for parole supervision of released wards • Total statewide fund: $24 mil.1st year $92 mil. 3rd year • Distribution formula: • 50% share of youth pop (10-17), 50% juv. felony adjudication rate • Min. small county grant: $ 58,500 (1st year), then $ 117,000 • Payout: State Controller deposits in county fund. CSA role. • Contingency fund: 5% of total– counties apply to CSA • Individual payouts: $117,000/year for recalls (pro rated) • Renewals: “Deal” includes funding in perpetuity w/ COLA

  8. SB 81: What does it do?COUNTY ALLOCATIONS FY 07-08 Source: CA Department of Finance Note: Allocations projected to grow by factor of 3.8 by 2010-11

  9. SB 81: What does it do?COUNTY USES OF FUNDS • ALLOCATIONS SHALL BE USED TO…. “Enhance the capacity” of local agencies to provide “rehabilitation and supervision services” to the shifted DJJ caseload, including all necessary “custody and parole” services --- FROM NEW WIC SEC. 1951 (B) • INTENT LANGUAGE LISTS PREFERRED USES INCLUDING • Assessment tools, day/ evening reporting, elec. monitoring, specialized placements, re-entry services, professional training and regional networks • COUNTY “JUVENILE JUSTICE DEVELOPMENT PLANS” • Due at Corrections Standards Authority (CSA) by 1/1/08 • Plan must describe uses of funds, any regional agreements and coordination with spending under JJCPA • LOCAL FUNDING DECISIONS ARE UP TO THE COUNTY AS A WHOLE • No single agency or group is designated by SB 81 to allocate funds • $ 15 MILLION IN COUNTY PLANNING GRANTS FOR REALIGNMENT— CUT BY GOVERNOR FROM THE BUDGET • RUNNER INITIATIVE— would amend SB 81 to eliminate allocations to mental health, drug/alcohol, other county agencies for realignment services, essentially earmarking funds for county probation .

  10. SB 81: What does it do?FACILITY CONSTRUCTION GRANTS • SB 81 authorizes $100 million in revenue bonds for “local youthful offender rehabilitative facilities” • Funds can be used to “Acquire, design, renovate or build” • CSA to approve const. grants on a competitive basis • Applications must include staffing and operating cost plans • Counties to provide 25% matching funds • SB 81 is silent as to the types of facilities or the specific offender populations they would serve

  11. SB 81: What does it do?NEW STATE JJ COMMISSION • PURPOSE: Comprehensive planning, oversight & coordination of state/local juvenile. justice partnership and performance • DELIVERABLE: Must produce a statewide “Juvenile Justice Operational Master Plan” by 1/1/09 to include: • Risk/needs assessment tools for program & security classification • Common juvenile justice data collection elements • Plan to promote a continuum of evidence-based responses • MAKEUP • 12 Stakeholder Reps appointed by Gov, Senate, Assembly, Others • Tri-chaired by the DJJ Chief, CPOC and CSAC • STAFFING: By DJJ with a $600,000 appropriation • SUNSET: Commission self-extinguishes 1-1-09 unless re-enacted

  12. SB 81: What happens now?IMPLEMENTATION CHALLENGES • Are counties ready and able to handle the shifted caseload? • Where will counties with no secure facility put these youth? • Where will special needs youth go– e.g. mentally ill offenders? • What regional networking and placement alliances should smaller and rural counties form? • Will counties use the SB 81 option to recall their DJJ wards? • How will counties address new re-entry and aftercare needs? • What sanctions are available for wards over 18 who can’t go into foster care or be confined with younger juveniles? • Will prosecutors file more 707s or adult court cases? • Will state funds be sufficient? Will the state honor its commitment to SB 81 funding in future years? • Are state agencies (CSA, DJJ) prepared to achieve the shift? • What facilities should or will be built with construction funds?

  13. RUNNER INITIATIVE: PUSHES STATE GANG POLICY INTO FULL SUPPRESSION MODE… CUTS OUT CBOs • SPONSORS: George & Sharon Runner, Mike Reynolds (3 strikes sponsor) • STATUS: Filed with AG for title & summary. Circulating for Nov ’08 ballot • HIGHLIGHTS… • Increases penalties (criminal & civil) for gang related offenses across board • Creates new gang registration requirements and penalties • Adds pro-prosecution law changes– examples: • No bail for undocumented persons arrested for gang offenses • Evidence law changed to relax hearsay rules on unavailable witnesses • Due process rights capped and trimmed in parole violation proceedings • No good time credits for any prisoner with an “up to life” sentence • Trying juveniles as adults: kids with gang offenses presumed unfit for juvenile court • BALLOT BOX BUDGETING • Earmarks $500 million/year for law enforcement, victim projects • Earmarks current funding or higher in perpetuity for listed law enforcement operations • YOUTH CRIME PREVENTION • States this as objective but funds only police recreation, probation supervision programs • REMOVES CBOs, nonprofits from local Schiff Cardenas Coordinating Councils • MARKETING AND PROSPECTS… • “Safe Neighborhood Act” • Like Prop 21, will be sold as crackdown on gangs– likely little focus on code revision details • Sponsors need $3 million for signatures to qualify for ballot… who’s paying? • If it qualifies, Governor’s position likely to be a factor in outcome

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