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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 California. The System In Context (2004) : Juvenile Arrests: 206,201

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Juvenile Justice Reform in California

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  1. Juvenile Justice Reform in California Presented by: Elizabeth Siggins Chief, Juvenile Justice Policy California Department of Corrections and Rehabilitation

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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)

  7. 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

  8. 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

  9. 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.

  10. 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

  11. Juvenile Justice Reform in CaliforniaDJJ Commitment Compared to the Arrest Rate Source:Office of Research, Juvenile Justice Branch, Information Systems Unit

  12. Juvenile Justice Reform in California DJJ Institutions and Parole Populations 1974-2004 Source:Office of Research, Juvenile Justice Branch, Information Systems Unit

  13. What does Juvenile Justice “Reform” mean?

  14. 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.

  15. 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.

  16. 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.

  17. What does Juvenile Justice “Reform” mean? • Reform what happens in state system? • Reform who goes to state system? • Do we need a state system?

  18. 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.

  19. 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

  20. 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)

  21. 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)

  22. 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)

  23. 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?

  24. 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

  25. 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)

  26. 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)

  27. 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)

  28. 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)

  29. 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.)

  30. 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.”

  31. 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.).

  32. How could we do (or should we have done) this differently?

  33. 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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