JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM FY00 July 1, 1999 to June 30, 2000 March 2001 Arizona Supreme Court Administrative Office of the Courts Juvenile Justice Services Division 1501 West Washington, Suite 337 Phoenix, AZ 85007 (602) 542-9443 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY 2000 July 1, 1999 to June 30, 2000 TABLE OF CONTENTS Introduction...................................................................................................................................1 Chart: Juvenile Justice Flow Chart..............................................................................................3 Chart: Arizona Juvenile Court Activity FY00 ..............................................................................4 Chart: Referrals, Petitions Filed and Juveniles Referred and Petitioned: FY95 - FY00............5 Chart: Dispositions of Juveniles: FY95 - FY00, Probation, ADJC, and Adult Court.................6 Juveniles Referred.........................................................................................................................7 Juveniles Diverted.......................................................................................................................10 Juveniles with Petitions Filed......................................................................................................15 Juveniles with Dispositions of Dismissed...................................................................................18 Juveniles with Dispositions of Penalty Only...............................................................................21 Juveniles with Dispositions to Standard Probation.....................................................................24 Juveniles with Dispositions to JIPS ............................................................................................28 Juveniles with Dispositions to ADJC..........................................................................................32 Juveniles Direct Filed in and Transferred to Adult Court...........................................................37 Juveniles Direct Filed in Adult Court .........................................................................................39 Juveniles Transferred to Adult Court..........................................................................................43 Juveniles Detained by the Juvenile Court...................................................................................47 Population....................................................................................................................................51 Notes ...........................................................................................................................................53 Glossary of Juvenile Justice Terms.............................................................................................56 i Produced and Published by Administrative Office of the Courts • Juvenile Justice Services Division 1501 W. Washington • Phoenix, Arizona 85007-3231 (602) 542-9443 www.supreme.state.az.us/jjsd/ This publication can be provided in an alternative format upon request to assist persons with disabilities under the provisions of the Americans with Disabilities Act. JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY2000 July 1, 1999 to June 30, 2000 INTRODUCTION This is the seventh publication of Juveniles Processed in the Arizona Court System. The data for this report are drawn each year from the fifteen Juvenile Courts’ Juvenile On-Line Tracking Systems (JOLTS). JOLTS is the court’s automated juvenile court information management system that has been operational in Maricopa County Juvenile Court for more than 20 years, and statewide for seven full years. Each Juvenile Court actively participates in collecting and maintaining the data to ensure quality and accurate numbers. This report provides an overview of the juveniles processed at various stages of the juvenile justice system statewide during fiscal year 2000. Selected breakdowns of an unduplicated juvenile count 1 are presented at the following stages: Referral; Diversion; Petition; Dispositions of Dismissed, Penalty Only, Standard Probation, Juvenile Intensive Probation Supervision, Arizona Department of Juvenile Corrections; Direct Filed in and Transferred to Adult Court, and Juveniles Detained. The characteristics of juveniles at each of these stages are contained in this report. Each characterization of the juvenile is determined at his or her most recent referral. The demographic characteristics displayed are gender, ethnicity, age, and education status. This information is followed by offense-specific characteristics that contain the number of prior referrals, offense class of the most serious offense, and the severity of the most serious offense2 . Note that not all of these juveniles processed entered the system during this fiscal year, as some may have entered the previous fiscal year but received a disposition during this fiscal year. Therefore, these juveniles were all processed at least at one point in the system during this year. That is, one or more of the stages presented in this report happened during the year. The juveniles were referred, diverted, petitioned, had at least one disposition from the court, direct filed in and/or transferred to adult court, and/or detained at one point during FY00. The number of juveniles processed in the juvenile justice system is influenced by several factors, including legislative actions (which result in changes in the law), law enforcement and prosecutorial practices, and the number of juveniles ages 8 to 17 years old in the Arizona population. Through the year 2000, the number of juveniles in the population has continued to increase steadily, as can be seen in the Arizona Juvenile Population Estimates and Projections chart in the population section3 . 1 The flow chart of the juvenile justice system in this section of the report is followed by a chart entitled Arizona Juvenile Court Activity that illustrates selected stages within the juvenile justice system and the number of juveniles processed at each of these stages. In the Arizona Juvenile Court Activity chart, all stages show both duplicated and unduplicated counts of juveniles. Since a juvenile may receive more than one referral in a given year, the number of referrals and the number of juveniles at each stage will not be the same. Thus, the number of referrals gives a sense of the workload generated throughout the juvenile justice system as well as the number of juveniles processed at each stage. Two graphs are included in this section to portray trends over the past six years. The first graph shows data on referrals, referred juveniles, petitions filed and juveniles with petitions filed. The referral numbers display total referrals, including multiple referrals of many youth. The referred juveniles show the number of unique youth. The same distinction is made between petitions filed (includes counts of multiple petitions per youth) and juveniles with petitions filed (unduplicated). The second graph shows the number of juveniles in each of four dispositions for each of the past six years. The number for each disposition is unduplicated, but, if a youth experienced more than one disposition during the year, he or she would be counted once in each disposition category. In addition to this report that is published annually, other reports are available that describe some of the stages included herein. For example, the Juvenile Justice Services Division also publishes the Juvenile Intensive Probation Supervision (JIPS) Annual Report. Several special reports have also been completed over the past several years summarizing studies of specific juvenile programs or issues. These studies include: the Arizona Juvenile Justice Evaluation, the PICACT Study, the Juvenile Commitment Guidelines Departure Research Project, the Juvenile Justice Treatment Evaluation Pilot Project Outcomes Report, the Treatment Evaluation Pilot Project Final Report, the Survey of Arizona Juvenile Justice Service Providers, the Arizona Juvenile Transfer Study, the Initial Evaluation of Treatment Services for Juveniles Receiving Treatment in Arizona from January 1, 1994 to June 30, 1994, and the Empirical Validation of the Arizona Risk/Needs Instrument and Assessment Process4 . Juveniles Processed FY98, FY99 and FY00 are available on the Internet at http://www.supreme.state.az.us/jjsd/. Analysis of data on juveniles processed in the Arizona court system is ongoing in order to identify the treatment needs of juveniles, to determine what works in meeting those needs and obtaining the best outcomes, how to allocate resources in a cost effective manner, and how to work most effectively with local communities to provide for public safety. Information from this report and others, in addition to past and ongoing studies, is important for public policy makers, juvenile justice professionals, and Arizona’s citizens to understand, formulate, and address current and future juvenile justice issues. 2 JUVENILE JUSTICE F LOW C HART Delinquent/ Incorrigible Act Action by Police, Parent and School Other Agency Diversion Dismiss County Attorney Review Adjust after Consequences Diversion Referral to Court (Petition) Direct Filing as an Adult Petition Filed as a Juvenile Transfer Hearing Arraignment Remand to Adult Court Advisory Hearing Adjudication Hearing Trial Dismissal Disposition Hearing Commitment to AZ Department of Juvenile Corrections Other Sanctions 3 Probation Standard/Intensive This page intentionally left blank. ARIZONA JUVENILE C OURT ACTIVITY FY00 Intake: Received by Probation Department 77,551 Referrals 48,534 Juveniles Referrals (Physical) 15,106 Referrals 11,417 Juveniles Diversion 25,281 Referrals 21,776 Juveniles Dismissed 13,361 Referrals 10,330 Juveniles Referrals (Paper) 62,439 Referrals 42,865 Juveniles Petitions Filed 33,280 Referrals 20,204 Juveniles Penalty Only 816 Referrals 765 Juveniles Transfer to Adult Court 185 Referrals 147 Juveniles Standard Probation 14,433 Referrals 10,830 Juveniles 4 JIPS 4,711 Referrals 2,552 Juveniles Direct Files in Adult Court 697 Referrals 615 Juveniles ADJC 1,996 Referrals 1,290 Juveniles This page intentionally left blank. Referrals, Petitions Filed, and Juveniles Referred and Petitioned Fiscal Years 1995 - 2000 77,551 84,719 77,651 70,000 78,595 80,000 84,504 86,617 90,000 18,186 20,204 29,669 33,280 48,534 48,246 18,496 17,733 30,102 27,280 16,384 10,000 14,257 20,000 23,304 30,000 31,222 50,210 46,971 40,000 50,820 50,000 51,009 60,000 FY95 FY96 Referrals FY97 FY98 Juveniles Referred Petitions 5 FY99 FY00 Juveniles Petitioned The Number of Juveniles Dispositioned to Probation, Intensive Probation, ADJC and Adult Court Fiscal Years 1995 - 2000 10,830 12,000 6,980 6,000 9,199 8,989 8,197 8,000 9,436 10,000 1,345 883 2,552 712 1,670 1,083 2,572 1,419 2,718 1,178 663 2,408 1,248 565 2,154 2,000 1,651 4,000 FY95 FY96 Standard Probation FY97 FY98 Intensive Probation 6 FY99 ADJC FY00 Adult Court 1,290 762 JUVENILES REFERRED TO THE ARIZONA SUPERIOR COURT SYSTEM IN FY00 This section on Juveniles Referred to the Arizona Superior Court System reflects the characteristics of those juveniles, ages 8 through 17, who came into contact with the system in FY00. The juveniles are those for whom a report was submitted to the Juvenile Court alleging that the youth committed a delinquent or incorrigible behavior or act. Referrals can be made by police, parents, school officials, probation officers, other agencies or individuals requesting that the Juvenile Court assume jurisdiction over the youth’s conduct. Referrals can be “paper referrals” issued as citations or police reports to the Juvenile Court or “physical referrals” in which the juvenile is physically brought to the Juvenile Court. The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma County: Referred FY00 365 1,651 1,873 985 521 104 135 23,133 1,898 1,308 9,787 2,056 764 1,844 2,110 0.75% 3.40% 3.86% 2.03% 1.07% 0.21% 0.28% 47.66% 3.91% 2.70% 20.17% 4.24% 1.57% 3.80% 4.35% 48,534 100.00% TOTAL 7 Gender: Referred FY00 Male 32,372 Female 16,160 Unknown 2 TOTAL 48,534 Ethnicity: Referred FY00 Hispanic 17,335 African American 3,070 Anglo 24,468 Native American 2,829 Asian/Pacific Islander 301 Other 172 Unknown 359 66.70% 33.30% 0.00% 100.00% Age: Referred FY00 TOTAL 8 9 10 11 12 13 14 15 16 17 Unknown 252 485 790 1,333 2,414 4,596 7,264 9,038 10,031 11,797 534 0.52% 1.00% 1.63% 2.75% 4.97% 9.47% 14.97% 18.62% 20.67% 24.31% 1.10% TOTAL 48,534 100.00% 48,534 35.72% 6.33% 50.41% 5.83% 0.62% 0.35% 0.74% 100.00% Education Status: Referred FY00 Enrolled 32,032 Not Enrolled 3,087 Expelled 116 Suspended 114 Withdrawn 269 Graduated 47 GED Program 23 Unknown 12,846 TOTAL 48,534 66.00% 6.36% 0.24% 0.23% 0.55% 0.10% 0.05% 26.47% 100.00% Demographic Characteristics: Juveniles Referred FY 2000 (percent) 70 60 67 66 50 50 45 40 30 33 36 34 20 20 10 6 0 Gender Male Female 6 Ethnicity Age Hispanic African American Anglo Native American Ages 8 - 13 Ages 14, 15 Ages 16, 17 8 School Enrolled in School Number of Prior Referrals: Referred FY00 0 22,649 46.67% 1 8,618 17.76% 2 4,698 9.68% 3 3,035 6.25% 4 2,061 4.25% 5 1,474 3.04% 6 1,138 2.34% 7 912 1.88% 8 or more 3,949 8.14% Severity of Most Serious Offense: Referred FY00 Felonies Against Person 2,491 Felonies Against Property 5,727 Obstruction of Justice: Fel. & Misd. 4,376 Misdemeanors Against Person 4,483 Drugs: Fel. & Misd. 4,459 Public Peace: Fel. & Misd. 10,861 Misdemeanors Against Property 7,313 Status Offenses 8,591 Citations/Administrative 233 TOTAL TOTAL 48,534 100.00% 48,534 Offense Class of Most Serious Offense: Referred FY00 Felony 14,353 29.57% Misdemeanor 22,782 46.94% Administrative 2,319 4.78% Status 8,596 17.71% Other 484 1.00% TOTAL 48,534 100.00% Prior Referrals & Types of Offenses: Juveniles Referred FY 2000 (percent) 50 40 30 47 47 34 20 30 27 20 18 10 14 0 Referrals No Prev Ref 1 - 3 Prev Ref 4 or More Class Felony Misdemeanor Status 9 Severity Felonies & Misd. Against: Person Property 5.13% 11.80% 9.02% 9.24% 9.19% 22.38% 15.07% 17.70% 0.48% 100.00% This page intentionally left blank. JUVENILES DIVERTED IN FY00 Diversion allows a juvenile to avoid formal court processing and to have their offense adjusted if the juvenile completes one or more conditions. To adjust is to dispose of a case without the juvenile being required to go to court. If a referral is adjusted, a petition is not filed. The petition is a document filed by the county attorney, which seeks to have a juvenile adjudicated as a delinquent or incorrigible child. The conditions to be completed are the consequences assigned in response to the juvenile’s behavior. Prior to fiscal year 1998, the Progressively Increasing Consequence Act or “PIC-ACT” allowed juveniles referred to the juvenile court for first and second time misdemeanor referrals to be diverted from formal court processing, if certain conditions were met. Beginning in fiscal year 1998, modifications to A.R.S. § 8-321 significantly changed the criteria determining which juveniles could be diverted and the way those cases are processed. The major statutory requirements are briefly summarized as follows: 4 The county attorney has the sole discretion to divert the prosecution of a juvenile accused of committing an incorrigible or delinquent act to a community based alternative program operated by the county attorney or to a diversion program administered by the Juvenile Court. A juvenile identified as a chronic or violent offender, or who is alleged to have violated A.R.S. § 28-692 (DUI) is not eligible for diversion. 4 The juvenile probation officer is required to submit a referral to the county attorney for alleged offenses that have been identified as not eligible for diversion. The county attorney is able to return a case to the juvenile probation officer for further action if prosecution is declined. 4 The juvenile probation officer is mandated to conduct an interview with a juvenile diverted to the Juvenile Court and the juvenile’s parent(s) or guardian. If, during the interview, the juvenile acknowledges responsibility for the offense (based on the referral), the probation/intake officer may choose to begin the process of adjusting the referral. Adjustment of the referral can occur only after the juvenile completes one or more conditions (consequences), as assigned by the probation/intake officer. The consequences could be one or more of the following: 1. Participation in unpaid community service work. 2. Participation in a counseling program, which is designed to strengthen family relationships and to prevent repetitive juvenile delinquency. 3. Participation in an education program, approved by the court, which has as its goal the prevention of further delinquent behavior. 10 4. Participation in an education program, approved by the court, which is designed to deal with ancillary problems experienced by the juvenile, such as alcohol or drug abuse. 5. Participation in a non-residential program of rehabilitation or supervision offered by the court or offered by the community youth serving agency and approved by the court. 6. Payment of restitution to the victim of the delinquent act. 7. Payment of a monetary assessment. 4 The county attorney or the Juvenile Court, in cooperation with the county attorney, can establish community based alternative programs. Community based alternative programs and diversion programs must ensure that the participation of both the juvenile and victim are voluntary, and that the juvenile accepts responsibility for the delinquent or incorrigible act. 4 The participants in a community based alternative program agree on any legally reasonable consequence for the juvenile offender, with the exception of confinement. The program participants, juvenile and juvenile’s parents(s) or guardian and victim may sign a written contract agreeing on resolution of the matter in which the parent(s) or guardian agree to ensure that the juvenile complies with the contract. 4 If a juvenile complies with the consequences set forth by the probation officer or community based alternative program, the county attorney will not file a petition in Juvenile Court. 11 The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma County: Diverted FY00 135 1,017 990 455 277 38 75 9,618 865 328 4,923 903 228 991 933 0.62% 4.67% 4.55% 2.09% 1.27% 0.17% 0.34% 44.17% 3.97% 1.51% 22.61% 4.15% 1.05% 4.55% 4.28 21,776 100.00% TOTAL 12 Gender: Diverted FY00 Male 13,305 Female 8,470 Unknown 1 TOTAL 8 9 10 11 12 13 14 15 16 17 Unknown 21,776 Age: Diverted FY00 142 269 439 789 1,463 2,705 3,965 4,479 4,161 3,326 38 TOTAL 21,776 Ethnicity: Diverted FY00 Hispanic 7,589 African American 1,153 Anglo 11,490 Native American 1,074 Asian/Pacific Islander 161 Other 75 Unknown 234 61.10% 38.90% 0.00% 100.00% TOTAL 0.65% 1.24% 2.02% 3.62% 6.72% 12.42% 18.21% 20.57% 19.11% 15.27% 0.17% 21,776 34.85% 5.29% 52.76% 4.93% 0.74% 0.34% 1.07% 100.00% Education Status: Diverted FY00 Enrolled 15,163 Not Enrolled 567 Expelled 16 Suspended 36 Withdrawn 37 Graduated 8 GED Program 5 Unknown 5,944 100.00% TOTAL 21,776 69.63% 2.60% 0.07% 0.17% 0.17% 0.04% 0.02% 27.30% 100.00% Demographic Characteristics: Juveniles Diverted FY 2000 (percent) 70 60 70 61 53 50 40 39 30 39 35 34 27 20 10 5 5 0 Gender Male Female Ethnicity Age Hispanic African American Anglo Native American Ages 8 - 13 Ages 14, 15 Ages 16, 17 13 School Enrolled in School Number of Prior Referrals: Diverted FY00 0 13,654 62.70% 1 4,389 20.16% 2 1,686 7.74% 3 667 3.06% 4 391 1.80% 5 241 1.11% 6 142 0.65% 7 132 0.61% 8 or more 474 2.18% Severity of Most Serious Offense: Diverted FY00 Felonies Against Person 229 Felonies Against Property 1,062 Obstruction of Justice: Fel. & Misd. 345 Misdemeanors Against Person 1,926 Drugs: Fel. & Misd. 1,768 Public Peace: Fel. & Misd. 5,397 Misdemeanors Against Property 5,381 Status Offenses 5,662 Citations/Administrative 6 TOTAL TOTAL 21,776 100.00% 21,776 Offense Class of Most Serious Offense: Diverted FY00 Felony Misdemeanor Administrative Status Other 3,237 12,448 314 5,664 113 14.86% 57.16% 1.44% 26.01% 0.52% TOTAL 21,776 100.00% Prior Referrals & Types of Offenses: Juveniles Diverted FY 2000 (percent) 70 60 63 57 50 40 30 31 30 26 20 15 10 10 6 0 Referrals No Prev Ref 1 - 3 Prev Ref 4 or More Class Felony Misdemeanor Status 14 Severity Felonies & Misd. Against: Person Property 1.05% 4.88% 1.58% 8.84% 8.12% 24.78% 24.71% 26.00% 0.03% 100.00% This page intentionally left blank. JUVENILES WITH PETITIONS FILED IN FY00 A petition is a legal document filed in the juvenile court alleging that a referred juvenile is a delinquent, incorrigible, or dependent child and requesting the court to assume jurisdiction over the youth. The petition initiates the formal court hearing process of the juvenile court, and is prepared by the county attorney, who determines what charges to bring against the juvenile. Juveniles Processed reports petition data on delinquent and incorrigible youth only5 . A youth, under the age of 18, has committed a delinquent act if that same act committed by an adult would be a criminal offense. An incorrigible youth is one who commits an offense, which would not be considered a crime if he or she were an adult. Typically, incorrigible youth are juveniles who are habitually truant from school, run away from home, or violate curfew. In addition, juveniles who refuse to obey the reasonable and proper direction of their parents or guardians can be considered incorrigible. Information on dependent youth can be found in the Administrative Office of the Courts, Dependent Children’s Services Division, and the Foster Care Review Board Annual Report. The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma County: Petitions Filed FY00 142 420 536 367 266 49 36 10,921 568 445 3,193 1,106 515 716 924 TOTAL 20,204 15 0.70% 2.08% 2.65% 1.82% 1.32% 0.24% 0.18% 54.05% 2.81% 2.20% 15.80% 5.47% 2.55% 3.54% 4.57% 100.00% Gender: Petitions Filed FY00 Male 15,017 74.33% Female 5,186 25.67% Unknown 1 0.00% TOTAL 20,204 100.00% Age: Petitions Filed FY00 8 36 9 139 10 229 11 405 12 844 13 1,774 14 2,993 15 4,037 16 4,598 17 5,121 Unknown 28 TOTAL 20,204 Ethnicity: Petitions Filed FY00 Hispanic 7,843 African American 1,567 Anglo 9,381 Native American 1,166 Asian/Pacific Islander 107 Other 81 Unknown 59 TOTAL 0.18% 0.69% 1.13% 2.00% 4.18% 8.78% 14.81% 19.98% 22.76% 25.35% 0.14% 20,204 38.82% 7.76% 46.43% 5.77% 0.53% 0.40% 0.29% 100.00% Education Status: Petitions Filed FY00 Enrolled 14,420 71.37% Not Enrolled 1,984 9.82% Expelled 71 0.35% Suspended 66 0.33% Withdrawn 148 0.73% Graduated 20 0.10% GED Program 12 0.06% Unknown 3,483 17.24% 100.00% TOTAL 20,204 100.00% Demographic Characteristics: Petitions Filed FY 2000 (percent) 80 70 60 50 40 30 20 10 0 74 71 48 46 39 35 26 17 8 Gender Male Female 6 Ethnicity Age Hispanic African American Anglo Native American Ages 8 - 13 Ages 14, 15 Ages 16, 17 16 School Enrolled in School Number of Prior Referrals: Petitions Filed FY00 0 5,139 25.44% 1 3,328 16.47% 2 2,592 12.83% 3 2,092 10.35% 4 1,476 7.31% 5 1,105 5.47% 6 873 4.32% 7 702 3.47% 8 or more 2,897 14.34% Severity of Most Serious Offense: Petitions Filed FY00 Felonies Against Person 1,435 Felonies Against Property 3,939 Obstruction of Justice: Fel. & Misd. 4,172 Misdemeanors Against Person 2,190 Drugs: Fel. & Misd. 2,148 Public Peace: Fel. & Misd. 3,055 Misdemeanors Against Property 1,664 Status Offenses 1,572 Citations/Administrative 29 TOTAL TOTAL 20,204 100.00% 20,204 Offense Class of Most Serious Offense: Petitions Filed FY00 Felony Misdemeanor Administrative Status Other TOTAL 8,362 8,037 2,144 1,578 83 41.39% 39.78% 10.61% 7.81% 0.41% 20,204 100.00% Prior Referrals & Types of Offenses: Petitions Filed FY 2000 (percent) 50 40 40 30 20 41 35 40 28 25 18 10 8 0 Referrals No Prev Ref 1 - 3 Prev Ref 4 or More Class Felony Misdemeanor Status 17 Severity Felonies & Misd. Against: Person Property 7.10% 19.50% 20.65% 10.84% 10.63% 15.12% 8.24% 7.78% 0.14% 100.00% This page intentionally left blank. JUVENILES WITH DISPOSITIONS OF DISMISSED IN FY00 Referrals and petitions against juveniles can be dismissed. Dismissal means that further consideration or hearings regarding the charge are discontinued or discharged and further action is not taken5 . Dismissal of petitions can occur during the advisory or adjudication hearing process. It is possible that the charge could be dismissed for lack of evidence during either of these hearings. Similarly, a juvenile could have more than one charge pending. In this situation, the juvenile's attorney could initiate a process with the county attorney, which could result in dismissal of one charge while receiving some disposition (i.e., penalty only, probation, JIPS, or commitment to ADJC) on a second charge. Non-petition referrals can also be dismissed. Dismissal may occur for such reasons as the juvenile cannot be located, or is transferred to another jurisdiction prior to adjudication, or the county attorney did not file (e.g., the victim refused prosecution). The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma County: Disposition of Dismissed FY00 95 165 225 159 70 27 48 6,952 199 176 1,043 481 166 206 318 TOTAL 10,330 18 0.92% 1.60% 2.18% 1.54% 0.68% 0.26% 0.46% 67.30% 1.93% 1.70% 10.10% 4.66% 1.61% 1.99% 3.08% 100.00% Gender: Dismissed FY00 Male 7,417 Female 2,912 Unknown 1 TOTAL 8 9 10 11 12 13 14 15 16 17 Unknown 10,330 71.80% 28.19% 0.01% 100.00% Age: Dismissed FY00 10 58 105 191 383 716 1,251 1,754 2,217 2,762 883 TOTAL 10,330 Ethnicity: Dismissed FY00 Hispanic 4,221 African American 830 Anglo 4,435 Native American 492 Asian/Pacific Islander 32 Other 180 Unknown 140 TOTAL 0.10% 0.56% 1.02% 1.85% 3.71% 6.93% 12.11% 16.98% 21.46% 26.74% 8.55% 10,330 40.86% 8.03% 42.93% 4.76% 0.31% 1.74% 1.36% 100.00% Education Status: Dismissed FY00 Enrolled 6,484 Not Enrolled 1,248 Expelled 31 Suspended 29 Withdrawn 51 Graduated 7 GED Program 6 Unknown 2,474 100.00% TOTAL 10,330 62.77% 12.08% 0.30% 0.28% 0.49% 0.07% 0.06% 23.95% 100.00% Demographic Characteristics: Disposition Dismissed FY 2000 (percent) 80 70 72 63 60 50 48 40 30 43 41 29 28 20 10 8 14 5 0 Gender Male Female Ethnicity Age Hispanic African American Anglo Native American Ages 8 - 13 Ages 14, 15 Ages 16, 17 19 School Enrolled in School Number of Prior Referrals: Dismissed FY00 0 2,984 28.89% 1 1,697 16.43% 2 1,212 11.73% 3 934 9.04% 4 677 6.55% 5 581 5.62% 6 410 3.97% 7 393 3.80% 8 or more 1,442 13.96% Severity of Most Serious Offense: Dismissed FY00 Felonies Against Person 444 Felonies Against Property 818 Obstruction of Justice: Fel. & Misd. 1,224 Misdemeanors Against Person 810 Drugs: Fel. & Misd. 596 Public Peace: Fel. & Misd. 3,046 Misdemeanors Against Property 769 Status Offenses 2,617 Citations/Administrative 6 TOTAL TOTAL 10,330 100.00% 10,330 4.30% 7.92% 11.85% 7.84% 5.77% 29.49% 7.44% 25.33% 0.06% 100.00% Offense Class of Most Serious Offense: Dismissed FY00 Felony Misdemeanor Administrative Status Other 2,029 4,674 877 2,619 131 TOTAL 10,330 19.64% 45.25% 8.49% 25.35% 1.27% 100.00% Prior Referrals & Types of Offenses: Disposition Dismissed FY 2000 (percent) 45 40 35 30 25 20 15 10 5 45 37 34 29 25 20 12 15 0 Referrals No Prev Ref 1 - 3 Prev Ref 4 or More Class Felony Misdemeanor Status 20 Severity Felonies & Misd. Against: Person Property This page intentionally left blank. JUVENILES WITH DISPOSITIONS OF PENALTY ONLY IN FY00 Adjudicated juveniles may receive a disposition of penalty only. Typically, there is judicial discretion in the nature of the assigned penalty. Penalties may include but are not limited to monetary fines, community service work, and/or participation in various treatment programs to change the juvenile’s behavior. Juveniles with dispositions of penalty only are not assigned to a diversion program, nor are they placed on standard probation, Juvenile Intensive Probation Supervision (JIPS), or committed to the Arizona Department of Juvenile Corrections. The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma County: Disposition of Penalty Only FY00 1 30 59 4 0 0 1 457 0 16 73 40 40 9 35 TOTAL 765 21 0.13% 3.92% 7.71% 0.52% 0.00% 0.00% 0.13% 59.74% 0.00% 2.09% 9.54% 5.23% 5.23% 1.18% 4.58% 100.00% Gender: Penalty Only FY00 Male 570 74.51% Female 195 25.49% Unknown 0 0.00% TOTAL 765 Age: Penalty Only FY00 8 1 9 1 10 2 11 5 12 15 13 28 14 72 15 88 16 138 17 394 Unknown 21 TOTAL 765 Ethnicity: Penalty Only FY00 Hispanic 335 African American 47 Anglo 323 Native American 53 Asian/Pacific Islander 3 Other 4 Unknown 0 100.00% TOTAL 0.13% 0.13% 0.26% 0.65% 1.96% 3.66% 9.41% 11.50% 18.04% 51.50% 2.75% 765 43.79% 6.14% 42.22% 6.93% 0.39% 0.52% 0.00% 100.00% Education Status: Penalty Only FY00 Enrolled 485 63.40% Not Enrolled 104 13.59% Expelled 5 0.65% Suspended 1 0.13% Withdrawn 5 0.65% Graduated 1 0.13% GED Program 3 0.39% Unknown 161 21.05% 100.00% TOTAL 765 100.00% Demographic Characteristics: Disposition Penalty Only FY 2000 (percent) 80 70 75 70 63 60 50 44 40 42 30 20 25 10 21 6 7 7 0 Gender Male Female Ethnicity Age Hispanic African American Anglo Native American Ages 8 - 13 Ages 14, 15 Ages 16, 17 22 School Enrolled in School Number of Prior Referrals: Penalty Only FY00 0 169 22.09% 1 131 17.12% 2 121 15.82% 3 93 12.16% 4 47 6.14% 5 41 5.36% 6 39 5.10% 7 25 3.27% 8 or more 99 12.94% Severity of Most Serious Offense: Penalty Only FY00 Felonies Against Person 17 Felonies Against Property 48 Obstruction of Justice: Fel. & Misd. 93 Misdemeanors Against Person 53 Drugs: Fel. & Misd. 53 Public Peace: Fel. & Misd. 250 Misdemeanors Against Property 75 Status Offenses 175 Citations/Administrative 1 TOTAL TOTAL 765 100.00% 765 Offense Class of Most Serious Offense: Penalty Only FY00 Felony Misdemeanor Administrative Status Other 135 357 81 175 17 TOTAL 765 17.65% 46.67% 10.59% 22.88% 2.22% 100.00% Prior Referrals & Types of Offenses: Penalty Only FY 2000 (percent) 50 33 30 20 47 45 40 22 10 23 18 9 16 0 Referrals Class No Prev Ref 1 - 3 Prev Ref 4 or More Felony Misdemeanor Status 23 Severity Felonies & Misd. Against: Person Property 2.22% 6.27% 12.16% 6.93% 6.93% 32.68% 9.80% 22.88% 0.13% 100.00% This page intentionally left blank. JUVENILES WITH DISPOSITIONS OF STANDARD PROBATION IN FY00 Probation is defined as conditional freedom granted by the juvenile court to an adjudicated juvenile on the condition of continued good behavior and regular reporting to a probation officer. The core tenets of juvenile probation are: the belief that youth can make positive changes in their behavior, protection of the community, preservation of the best interest of the child and stability of the family unit, fostering law-abiding behavior, and restitution to victims and society for the wrongs committed against them. Juveniles placed on probation must comply with certain terms and conditions. Although every probation treatment plan is customized to address the needs of each individual juvenile, some standard terms and conditions apply to all cases. The standard terms and conditions include scheduled contacts with a probation officer, maintaining law abiding behavior, and paying restitution to the victim. Additional terms may also be imposed depending on individual juvenile needs, such as: mandatory drug testing, curfew, school attendance, restitution, community service hours, painting over graffiti, letters of apology, attendance at counseling or treatment sessions, and restrictions on acquaintances. Once a juvenile has been placed on probation, the juvenile probation officer monitors the juvenile's compliance with the terms and conditions of their probation. The probation officer works closely with the juvenile and their family as well as members of the community including teachers, victims, treatment providers and others involved in the life of the juvenile and their family. The court can impose multiple restrictions and provide resources to help the juvenile. If the youth does not choose to comply, the probation officer will refer the juvenile back to the court. The court may in turn impose more severe liberty restrictions, including detention. 24 This page intentionally left blank. The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma County: Disposition of Standard Probation FY00 75 161 317 205 156 32 27 6,088 263 322 1,798 306 292 344 444 TOTAL 10,830 25 0.69% 1.49% 2.93% 1.89% 1.44% 0.30% 0.25% 56.21% 2.43% 2.97% 16.60% 2.83% 2.70% 3.18% 4.10% 100.00% Gender: Standard Probation FY00 Male 8,010 73.96% Female 2,820 26.04% Unknown 0 0.00% TOTAL 10,830 Ethnicity: Standard Probation FY00 Hispanic 3,924 36.23% African American 765 7.06% Anglo 5,367 49.56% Native American 655 6.05% Asian/Pacific Islander 61 0.56% Other 44 0.41% Unknown 14 0.13% 100.00% Age: Standard Probation FY00 8 6 0.06% 9 17 0.16% 10 67 0.62% 11 136 1.26% 12 382 3.53% 13 952 8.79% 14 1,656 15.29% 15 2,295 21.19% 16 2,524 23.31% 17 2,783 25.70% Unknown 12 0.11% TOTAL TOTAL TOTAL 10,830 10,830 100.00% Education Status: Standard Probation FY00 Enrolled 8,282 76.47% Not Enrolled 863 7.97% Expelled 43 0.40% Suspended 49 0.45% Withdrawn 52 0.48% Graduated 12 0.11% GED Program 2 0.02% Unknown 1,527 14.10% 100.00% 10,830 100.00% Demographic Characteristics: Disposition Standard Probation FY 2000 (percent) 80 70 76 74 60 50 50 49 40 36 30 20 36 26 14 10 7 0 Gender Male Female 6 Ethnicity Age Hispanic African American Anglo Native American Ages 8 - 13 Ages 14, 15 Ages 16, 17 26 School Enrolled in School Number of Prior Referrals: Standard Probation FY00 0 2,704 24.97% 1 1,965 18.14% 2 1,743 16.09% 3 1,298 11.99% 4 863 7.97% 5 591 5.46% 6 407 3.76% 7 330 3.05% 8 or more 929 8.58% Severity of Most Serious Offense: Standard Probation FY00 Felonies Against Person 817 Felonies Against Property 2,306 Obstruction of Justice: Fel. & Misd. 1,896 Misdemeanors Against Person 1,050 Drugs: Fel. & Misd. 1,575 Public Peace: Fel. & Misd. 1,397 Misdemeanors Against Property 943 Status Offenses 690 Citations/Administrative 156 TOTAL TOTAL 10,830 100.00% 10,830 7.54% 21.29% 17.51% 9.70% 14.54% 12.90% 8.71% 6.37% 1.44% 100.00% Offense Class of Most Serious Offense: Standard Probation FY00 Felony Misdemeanor Administrative Status Other 5,326 3,573 1,020 695 216 TOTAL 10,830 49.18% 32.99% 9.42% 6.42% 1.99% 100.00% Prior Referrals & Types of Offenses: Disposition Standard Probation FY 2000 (percent) 50 45 40 35 30 25 20 15 10 5 0 49 46 33 30 29 25 17 6 Referrals No Prev Ref 1 - 3 Prev Ref 4 or More Class Felony Misdemeanor Status 27 Severity Felonies & Misd. Against: Person Property This page intentionally left blank. JUVENILES WITH DISPOSITIONS OF JIPS IN FY00 Juvenile Intensive Probation Supervision (JIPS) is a sentencing consequence used by the juvenile court judges for those youth who are in need of frequent supervision and a highly structured program. The program was enacted into law in 1987. The intent of this legislation was to create a program which would allow juvenile delinquents to remain at home, under supervision, rather than be placed in either a residential treatment facility or the Arizona Department of Juvenile Corrections (ADJC). Financial considerations weighed heavily in the formation of the program, as JIPS is a less costly alternative to ADJC or residential treatment. JIPS differs from standard probation in the increased frequency of face to face contacts, the requirement to actively participate in 32 hours of structured activities per week, the liberty restrictions concerning unsupervised time out of the home, the frequency of drug testing on demand, and the lower caseload ratio. Additional information about the program is available in the JIPS Annual Report. The figures reported in the JIPS Annual Report may differ from those reported in Juveniles Processed because the JIPS Annual Report includes all juveniles whose cases were active during the fiscal year. The Juveniles Processed report includes only juveniles dispositioned to JIPS during the fiscal year. Disposition or placement on JIPS is usually reserved for certain situations. Specifically, only juveniles who are adjudicated for delinquent acts or for violations of probation originating from a delinquent act are eligible for JIPS. The first type of youth placed in the program is one who would otherwise have been recommended for placement in an out-of-home institutional or residential setting. The second type of youth is one who, when considering the nature of the offense, their prior delinquent history, or risk to the community, have demonstrated a need for a highly structured, closely supervised program of probation emphasizing surveillance, education, work, and home detention. A third discreet category of youth placed on JIPS are those adjudicated for a second felony offense. In these cases, the Juvenile Court is limited to the three choices cited in A.R.S. § 8-341. These options are JIPS, ADJC or prosecution as an adult. 28 This page intentionally left blank. The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma County: Disposition of JIPS FY00 23 103 57 50 33 12 7 1,195 122 56 360 123 48 118 245 TOTAL 2,552 29 0.90% 4.04% 2.23% 1.96% 1.29% 0.47% 0.27% 46.83% 4.78% 2.19% 14.11% 4.82% 1.88% 4.62% 9.60% 100.00% Male Female Unknown Gender: JIPS FY00 2,192 360 0 TOTAL 2,552 8 9 10 11 12 13 14 15 16 17 Unknown Age: JIPS FY00 1 1 3 9 45 174 379 555 687 694 4 TOTAL 2,552 Ethnicity: JIPS FY00 Hispanic 1,099 African American 182 Anglo 1,154 Native American 104 Asian/Pacific Islander 7 Other 6 Unknown 0 85.89% 14.11% 0.00% 100.00% TOTAL 0.04% 0.04% 0.12% 0.35% 1.76% 6.82% 14.85% 21.75% 26.92% 27.19% 0.16% 2,552 43.06% 7.13% 45.22% 4.08% 0.27% 0.24% 0.00% 100.00% Education Status: JIPS FY00 1,937 Enrolled 310 Not Enrolled 16 Expelled 15 Suspended 25 Withdrawn 2 Graduated 4 GED Program 243 Unknown 100.00% TOTAL 2,552 75.90% 12.15% 0.63% 0.59% 0.98% 0.08% 0.16% 9.52% 100.00% Demographic Characteristics: Disposition JIPS FY 2000 (percent) 90 80 86 76 70 60 54 50 40 45 43 37 30 20 10 14 7 9 4 0 Gender Male Female Ethnicity Hispanic African American Anglo Native American 30 Age School Ages 8 - 13 Ages 14, 15 Ages 16, 17 Enrolled in School Number of Prior Referrals: JIPS FY00 0 105 4.11% 1 147 5.76% 2 209 8.19% 3 246 9.64% 4 266 10.42% 5 265 10.38% 6 252 9.87% 7 206 8.07% 8 or more 856 33.54% Severity of Most Serious Offense: JIPS FY00 Felonies Against Person 220 Felonies Against Property 681 Obstruction of Justice: Fel. & Misd. 1,115 Misdemeanors Against Person 117 Drugs: Fel. & Misd. 184 Public Peace: Fel. & Misd. 152 Misdemeanors Against Property 70 Status Offenses 4 Citations/Administrative 9 TOTAL TOTAL 2,552 100.00% 2,552 Offense Class of Most Serious Offense: JIPS FY00 Felony Misdemeanor Administrative Status Other 1,277 479 782 4 10 TOTAL 2,552 50.04% 18.77% 30.64% 0.16% 0.39% 100.00% Prior Referrals & Types of Offenses: Disposition JIPS FY 2000 (percent) 80 72 60 50 40 24 20 29 19 13 4 0 0 Referrals No Prev Ref 1 - 3 Prev Ref 4 or More Class Felony Misdemeanor Status 31 Severity Felonies & Misd. Against: Person Property 8.62% 26.68% 43.69% 4.58% 7.21% 5.96% 2.74% 0.16% 0.35% 100.00% This page intentionally left blank. JUVENILES WITH DISPOSITIONS TO ADJC IN FY00 In 1995 the process of committing juveniles to the Arizona Department of Juvenile Corrections (ADJC) was substantially changed. Arizona Revised Statutes § 8-246(C), as amended, mandate: 1) the use of risk and needs assessment to determine appropriate disposition of juveniles; 2) development of commitment guidelines for use by juvenile court judges for dispositions of juveniles to ADJC; and 3) development of length of stay guidelines consistent with treatment and public safety concerns. The primary purpose of the commitment guidelines is to clearly prescribe factors the court must consider, in addition to other facts relevant, when committing youth to the care and custody of ADJC. These guidelines are offense-based and also take into account the juvenile's history of delinquency. The legislative intent is that commitment to ADJC should be reserved for those juveniles whom the court believes need treatment in secure care for the protection of the public. The guidelines are not applicable for juveniles who are transferred to adult court for prosecution and sentencing6 . The guidelines identify the following offenders for commitment to ADJC: 1. Serious Offenders: One who is adjudicated for a "serious" offense as set forth in A.R.S. § 13-604: 1st degree murder, 2nd degree murder, manslaughter, aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, sexual assault, any dangerous crime against children*, arson of an occupied structure, armed robbery, burglary in the 1st degree, kidnapping, or sexual conduct with a minor under fifteen years of age. *A "dangerous crime against children" is defined as any of the following committed against a minor under fifteen years of age: molestation, sexual conduct with a minor, commercial sexual exploitation, child abuse, kidnapping, sexual abuse, taking a child for prostitution, involving or using minors in drug offenses. 2. Violent Offenders: One who is adjudicated for intentionally inflicting physical injury on a victim or who discharges, uses or exhibits in a threatening manner any deadly weapon in the commission of an offense, or who, based upon present or past behavior, and in the opinion of expert(s), exhibits a propensity toward violence and requires secure care. 3. Repetitive Offenders: One who is adjudicated on prior and separate occasions for at least two felony offenses within a two year period, or adjudicated on at least five prior and separate occasions for misdemeanor offenses within a two year period or who is adjudicated for any offense committed while on parole from ADJC. 4. Serious Drug Offenders: One who is adjudicated for an offense involving the sale of a narcotic or dangerous drug. 32 5. Probation Violators: Any person who has been placed on probation for a serious, violent, repetitive, or a serious drug offense who subsequently violates a condition of probation. The guidelines specifically exclude commitment of: 1. Nuisance Offenders: Juveniles who commit only incorrigible offenses, non-repetitive misdemeanor offenders, and juveniles committing only technical probation violations while on probation for something other than a violent, serious, repetitive or serious drug offense should not be considered for commitment. A nuisance offender also includes the juvenile who refuses to follow anyone's rules or structure, yet does not commit offenses that would make him/her eligible for commitment under the criteria set forth in guidelines 1 through 5 above. 2. Mentally Ill/Emotionally Handicapped Offenders: The mentally ill/emotionally handicapped offender is a juvenile who has a clearly identified mental illness or emotional disorder and who is mainly considered to be a danger to himself or herself, and does not meet any of the criteria for commitment as set forth in guidelines 1 through 5 above. 33 The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma County: Disposition ADJC FY00 12 44 20 16 12 0 3 569 42 20 361 94 16 28 53 TOTAL 1,290 34 0.93% 3.41% 1.55% 1.24% 0.93% 0.00% 0.23% 44.11% 3.26% 1.55% 27.98% 7.29% 1.24% 2.17% 4.11% 100.00% Gender: Disposition ADJC FY00 Male 1,123 87.05% Female 167 12.95% Unknown 0 0.00% TOTAL 1,290 Ethnicity: Disposition ADJC FY00 Hispanic 592 African American 133 Anglo 488 Native American 70 Asian/Pacific Islander 4 Other 3 Unknown 0 100.00% Age: Disposition ADJC FY00 8 0 0.00% 9 0 0.00% 10 0 0.00% 11 0 0.00% 12 13 1.01% 13 56 4.34% 14 141 10.93% 15 278 21.55% 16 391 30.31% 17 411 31.86% Unknown 0 0.00% TOTAL TOTAL TOTAL 1,290 1,290 45.89% 10.31% 37.83% 5.43% 0.31% 0.23% 0.00% 100.00% Education Status: Disposition ADJC FY00 Enrolled 807 62.56% Not Enrolled 296 22.95% Expelled 14 1.09% Suspended 14 1.09% Withdrawn 26 2.02% Graduated 1 0.08% GED Program 2 0.16% Unknown 130 10.08% 100.00% 1,290 100.00% Demographic Characteristics: Disposition ADJC FY 2000 (percent) 90 80 87 70 60 50 40 30 20 10 0 62 63 46 38 13 Gender Male Female 10 32 5 5 Ethnicity Hispanic African American Anglo Native American 35 Age School Ages 8 - 13 Ages 14, 15 Ages 16, 17 Enrolled in School Number of Prior Referrals: Disposition ADJC FY00 0 47 3.64% 1 25 1.94% 2 35 2.71% 3 56 4.34% 4 64 4.96% 5 72 5.58% 6 94 7.29% 7 102 7.91% 8 or more 795 61.63% Severity of Most Serious Offense: Disposition ADJC FY00 Felonies Against Person 140 Felonies Against Property 308 Obstruction of Justice: Fel. & Misd. 548 Misdemeanors Against Person 72 Drugs: Fel. & Misd. 93 Public Peace: Fel. & Misd. 83 Misdemeanors Against Property 44 Status Offenses 0 Citations/Administrative 2 TOTAL TOTAL 1,290 100.00% 1,290 Offense Class of Most Serious Offense: Disposition ADJC FY00 Felony Misdemeanor Administrative Status Other TOTAL 655 244 389 0 2 50.78% 18.91% 30.16% 0.00% 0.16% 1,290 100.00% Prior Referrals & Types of Offenses: Disposition ADJC FY 2000 (percent) 100 87 80 60 51 40 20 4 9 27 19 0 16 0 Referrals No Prev Ref 1 - 3 Prev Ref 4 or More Class Felony Misdemeanor Status 36 Severity Felonies & Misd. Against: Person Property 10.85% 23.88% 42.48% 5.58% 7.21% 6.43% 3.41% 0.00% 0.16% 100.00% This page intentionally left blank. JUVENILES DIRECT FILED IN AND TRANSFERRED TO ADULT COURT IN FY00 Statutory provisions specify circumstances for trying juveniles as if they were adults in criminal court. Juveniles may be either direct filed in or transferred to adult court. The provisions are summarized below, with more detail in the two sections that follow. This section provides an overview of these two groups of youth. Juveniles Direct Filed in Adult Court Juveniles Transferred to Adult Court The circumstances for trying juveniles as if they were adults are presented here as pathways to adult court. Essentially, five pathways have been identified. They are briefly described below. The numbers of youth who were filed in adult court through one of these pathways are presented on the next page. Since the Direct Filed section and the transfer section include all dispositions specific to those sections, the tables in this section may include duplicates1 . Pathways to Adult Court 4 Mandatory: Juveniles ages 15, 16, or 17 who commit a specified violent crime must be filed in adult court. 4 Mandatory Prior: Juveniles previously convicted in adult court must be returned to adult court for any subsequent crimes or violations of probation. 4 Chronic: Juveniles ages 15, 16 or 17 who have two prior felony adjudications in juvenile court and are arrested for a third felony must go to adult court. 4 Discretion of County Attorney: Juveniles who are 14 and a chronic offender or are 14 or older and commit one of a list of specified offenses may be filed in adult court. 4 Transfer: Juveniles who do not meet the above criteria may still be transferred by the juvenile court depending on a number of factors such as the type and severity of the offense and the juvenile’s record and previous history. The county attorney may request an order of the juvenile court, transferring jurisdiction to the criminal division of the Superior Court for prosecution of any juvenile charged with a felony. 37 This page intentionally left blank. Pathways for Juveniles Filed in Adult Court FY00 Pathways Transfer Mandatory Mandatory - Prior Chronic Discretionary Number of Juveniles 147 251 47 80 237 % of Total 19.29% 32.94% 6.17% 10.50% 31.10% 762 100.00% TOTAL County: Direct Filed in and Transferred to Adult Court FY00 Apache 1 0.13% Cochise 8 1.05% Coconino 11 1.44% Gila 14 1.84% Graham 15 1.97% Greenlee 0 0.00% La Paz 2 0.26% Maricopa 477 62.60% Mohave 17 2.23% Navajo 10 1.31% Pima 137 17.98% Pinal 38 4.99% Santa Cruz 3 0.40% Yavapai 18 2.36% Yuma 11 1.44% TOTAL 762 38 100.00% JUVENILES DIRECT FILED IN ADULT COURT IN FY00 The fiscal year beginning July 1, 1997 brought dramatic changes to the Juvenile Justice System due to the passage of Proposition 102 in November 1996 and the subsequent enabling legislation effective July 21, 1997. Among the provisions of the constitutional amendment was the prosecution as an adult of any juvenile age 15 or older accused of murder, forcible sexual assault, armed robbery or other violent offenses. Direct filings of juveniles in adult court in FY97 were restricted to juveniles who were charged with murder, forcible sexual assault and armed robbery. The addition of filings of juveniles in adult court for “other violent offenses” is based on the definitions contained in the enabling legislation, Senate Bill 1446. Arizona Revised Statutes § 13-501 mandates that the “county attorney shall bring criminal prosecution against a juvenile in the same manner as an adult if the juvenile is fifteen, sixteen, or seventeen years of age and is accused of any of the following offenses”: 1. First degree murder; 2. Second degree murder; 3. Forcible sexual assault; 4. Armed robbery; 5. Any other violent offenses, defined as aggravated assault A.R.S. § 13-1204 A.1., aggravated assault with a deadly weapon A.R.S. § 13-1204 A.2., drive by shooting, and discharging a firearm at a structure; 6. A felony offense committed by a chronic offender, defined as a juvenile who has two prior and separate adjudications; 7. Any offense that is properly joined to the above offenses. These offense categories are used to define pathways to (or filings in) adult court referred to as Mandatory (1 through 5 and 7) and Chronic (6). Furthermore, the county attorney has the discretion to bring criminal prosecution against fourteen (14) year old juveniles accused of the offenses enumerated above. Criminal prosecution may also be brought against juveniles fourteen or older who have been accused of class 1 or class 2 felonies or of selected class 3, 4, 5, and 6 felonies. These are referred to as Discretionary filings. In addition criminal prosecution may be brought against any juvenile with a prior conviction in adult court. These are referred to as Mandatory Prior Conviction filings. 39 This page intentionally left blank. This page intentionally left blank. The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma County: Direct Filed in Adult Court FY00 0 7 11 7 12 0 2 393 9 6 117 32 3 10 6 TOTAL 615 40 0.00% 1.14% 1.79% 1.14% 1.95% 0.00% 0.33% 63.90% 1.46% 0.98% 19.02% 5.20% 0.49% 1.63% 0.98% 100.00% Gender: Direct Filed FY00 584 94.96% Male 31 5.04% Female 0 0.00% Unknown TOTAL 615 Age: Direct Filed FY00 0 8 0 9 0 10 0 11 0 12 0 13 28 14 88 15 188 16 288 17 23 Unknown TOTAL 615 Ethnicity: Direct Filed FY00 301 Hispanic 72 African American 200 Anglo 31 Native American 3 Asian/Pacific Islander 0 Other 8 Unknown 100.00% TOTAL 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 4.55% 14.31% 30.57% 46.83% 3.74% 615 48.94% 11.71% 32.52% 5.04% 0.49% 0.00% 1.30% 100.00% Education Status: Direct Filed FY00 326 53.01% Enrolled 155 25.20% Not Enrolled 4 0.65% Expelled 1 0.16% Suspended 5 0.81% Withdrawn 2 0.33% Graduated 1 0.16% GED Program 121 19.67% Unknown 100.00% TOTAL 615 100.00% Demographic Characteristics: Direct Filed in Adult Court FY 2000 (percent) 100 95 80 77 60 53 49 40 33 20 0 5 Gender Male Female 12 0 5 Ethnicity 19 Age Hispanic African American Anglo Native American 41 Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Direct Filed FY00 125 20.33% 0 55 8.94% 1 46 7.48% 2 35 5.69% 3 42 6.83% 4 41 6.67% 5 34 5.53% 6 26 4.23% 7 211 34.31% 8 or more Severity of Most Serious Offense: Direct Filed FY00 346 Felonies Against Person 162 Felonies Against Property 5 Obstruction of Justice: Fel. & Misd. 3 Misdemeanors Against Person 74 Drugs: Fel. & Misd. 22 Public Peace: Fel. & Misd. 3 Misdemeanors Against Property 0 Status Offenses 0 Citations/Administrative TOTAL TOTAL 615 100.00% 615 56.26% 26.34% 0.81% 0.49% 12.03% 3.58% 0.49% 0.00% 0.00% 100.00% Offense Class of Most Serious Offense: Direct Filed FY00 601 97.72% Felony 14 2.28% Misdemeanor 0 0.00% Administrative 0 0.00% Status 0 0.00% Other TOTAL 615 100.00% Prior Referrals & Types of Offenses: Direct Filed in Adult Court FY 2000 (percent) 100 98 80 60 58 57 40 20 20 2 22 0 27 0 Referrals No Prev Ref 1 - 3 Prev Ref 4 or More Class Felony Misdemeanor Status 42 Severity Felonies & Misd. Against: Person Property This page intentionally left blank. JUVENILES TRANSFERRED TO ADULT COURT IN FY00 Prior to FY97 and the passage of Proposition 102, the sole pathway to adult court for juveniles was through the judicial transfer process. The implementation of Senate Bill (SB) 1446 initiated the shift from judicial transfers to direct filing in adult court by the county attorney as the primary pathway to adult court. In SB 1446, there were also changes to the process whereby juveniles are transferred to adult court, as reflected in A.R.S. § 8-327. This statute determines the procedures for the state to request a transfer to adult court and the factors a judge must consider in the decision to transfer. Previously the transfer process was based on the Rules of Procedure of Juvenile Court (deferred transfers may no longer be granted). These provisions were effective July 21, 1997, shortly after the beginning of FY98. An order to transfer is based on findings of a preponderance of evidence of probable cause that: the offense was committed, the juvenile committed the offense, and a transfer would best serve public safety. The determination of whether public safety would be served is based on the following factors as stated in A.R.S. § 8-327 D: 1. The seriousness of the offense involved 2. The record and previous history of the juvenile, including previous contacts with the courts and law enforcement, previous periods of any court ordered probation and the results of that probation 3. Any previous commitments of the juvenile to juvenile residential placements and secure institutions 4. If the juvenile was previously committed to the department of juvenile corrections for a felony offense 5. If the juvenile committed another felony offense while the juvenile was a ward of the department of juvenile corrections 6. If the juvenile committed the alleged offense while participating in, assisting, promoting or furthering the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise 7. The views of the victim of the offense 8. If the degree of the juvenile’s participation in the offense was relatively minor but not so minor as to constitute a defense to prosecution 9. The juvenile’s mental and emotional condition 10. The likelihood of the juvenile’s reasonable rehabilitation through the use of services and facilities that are currently available to the juvenile court 43 This page intentionally left blank. The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. County: Transferred to Adult Court FY00 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL 44 1 1 0 7 3 0 0 84 8 4 20 6 0 8 5 0.68% 0.68% 0.00% 4.76% 2.04% 0.00% 0.00% 57.14% 5.44% 2.72% 13.61% 4.08% 0.00% 5.44% 3.40% 147 100.00% Gender: Transferred FY00 Male 136 92.52% Female 11 7.48% Unknown 0 0.00% TOTAL 147 Age: Transferred FY00 8 0 9 0 10 0 11 0 12 0 13 1 14 1 15 3 16 25 17 116 Unknown 1 TOTAL 147 Ethnicity: Transferred FY00 Hispanic 56 African American 17 Anglo 71 Native American 3 Asian/Pacific Islander 0 Other 0 Unknown 0 100.00% TOTAL 0.00% 0.00% 0.00% 0.00% 0.00% 0.68% 0.68% 2.04% 17.01% 78.91% 0.68% 147 38.10% 11.56% 48.30% 2.04% 0.00% 0.00% 0.00% 100.00% Education Status: Transferred FY00 Enrolled 68 46.26% Not Enrolled 41 27.89% Expelled 1 0.68% Suspended 1 0.68% Withdrawn 4 2.72% Graduated 3 2.04% GED Program 0 0.00% Unknown 29 19.73% 100.00% TOTAL 147 100.00% Demographic Characteristics: Transferred to Adult Court FY 2000 (percent) 100 96 93 80 60 48 40 20 46 38 7 12 1 2 3 0 Gender Male Female Ethnicity Age Hispanic African American Anglo Native American 45 Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Transferred FY00 0 17 11.56% 1 14 9.52% 2 21 14.29% 3 10 6.80% 4 9 6.12% 5 10 6.80% 6 6 4.08% 7 8 5.44% 8 or more 52 35.37% Severity of Most Serious Offense: Transferred FY00 Felonies Against Person 40 Felonies Against Property 72 Obstruction of Justice: Fel. & Misd. 2 Misdemeanors Against Person 2 Drugs: Fel. & Misd. 9 Public Peace: Fel. & Misd. 21 Misdemeanors Against Property 0 Status Offenses 1 Citations/Administrative 0 TOTAL TOTAL 147 100.00% 147 27.21% 48.98% 1.36% 1.36% 6.12% 14.29% 0.00% 0.68% 0.00% 100.00% Offense Class of Most Serious Offense: Transferred FY00 Felony Misdemeanor Administrative Status Other 132 13 0 1 1 89.80% 8.84% 0.00% 0.68% 0.68% TOTAL 147 100.00% Prior Referrals & Types of Offenses: Transferred to Adult Court FY 2000 (percent) 100 90 80 60 58 49 40 20 31 9 12 1 29 0 Referrals No Prev Ref 1 - 3 Prev Ref 4 or More Class Felony Misdemeanor Status 46 Severity Felonies & Misd. Against: Person Property This page intentionally left blank. JUVENILES DETAINED BY THE JUVENILE COURT IN FY00 Juvenile detention is the temporary and secure custody of juveniles under the jurisdiction of the Juvenile Court who require a restricted environment for their own protection and the safety of the community. Responsibility for maintaining a juvenile detention center that is separate and apart from an adult jail or lockup is vested with the counties. Juvenile detention provides a range of services which supports the juvenile's physical, emotional, educational and social development. Supportive services minimally include: education, recreation, counseling, nutrition, medical and health services, reading, visitation, communication and continuous supervision. Juvenile detention also provides for a system of clinical observation and assessment. In Arizona, a juvenile may be detained for the following reasons: 1. If there is probable cause to believe that the juvenile committed the acts alleged in the petition, and there is reasonable cause to believe: a. That otherwise the juvenile would not be present at any hearing; b. That the juvenile is likely to commit an offense injurious to himself or others; c. That the juvenile must be held for another jurisdiction; or d. That the interests of the juvenile or the public require custodial protection. 2. As a condition of probation. Thirteen of the fifteen counties in Arizona maintain a juvenile secure care facility. Juveniles from two counties are transported to other jurisdictions when the need for secure custody is determined by the Court. These juveniles appear in their county’s data as well as in the data of the county in which they were detained. 47 This page intentionally left blank. The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma County: Detained FY00 150 340 610 399 86 102 24 6,503 362 352 1,890 810 253 596 598 TOTAL 13,075 48 1.15% 2.60% 4.67% 3.05% 0.66% 0.78% 0.18% 49.74% 2.77% 2.69% 14.46% 6.20% 1.93% 4.56% 4.57% 100.00% Gender: Detained FY00 Male 9,903 Female 3,171 Unknown 1 TOTAL 8 9 10 11 12 13 14 15 16 17 Unknown 13,075 75.74% 24.25% 0.01% 100.00% Age: Detained FY00 6 35 64 158 418 949 1,803 2,421 3,151 4,001 69 TOTAL 13,075 Ethnicity: Detained FY00 Hispanic 5,119 African American 1,066 Anglo 5,782 Native American 925 Asian/Pacific Islander 79 Other 72 Unknown 32 TOTAL 0.05% 0.27% 0.49% 1.21% 3.20% 7.26% 13.79% 18.52% 24.10% 30.60% 0.53% 13,075 39.15% 8.15% 44.22% 7.07% 0.60% 0.55% 0.24% 100.00% Education Status: Detained FY00 Enrolled 5,650 Not Enrolled 1,085 Expelled 65 Suspended 49 Withdrawn 129 Graduated 16 GED Program 16 Unknown 6,065 100.00% TOTAL 13,075 43.21% 8.30% 0.50% 0.37% 0.99% 0.12% 0.12% 46.39% 100.00% Demographic Characteristics: Detained FY 2000 (percent) 80 70 76 60 55 50 40 30 20 44 39 43 32 24 10 8 0 Gender Male Female 12 7 Ethnicity Age Hispanic African American Anglo Native American Ages 8 - 13 Ages 14, 15 Ages 16, 17 49 School Enrolled in School Number of Prior Referrals: Detained FY00 0 2,232 25.34% 1 1,184 13.44% 2 908 10.31% 3 725 8.23% 4 563 6.39% 5 508 5.77% 6 432 4.90% 7 363 4.12% 8 or more 1,893 21.49% Severity of Most Serious Offense: Detained FY00 Felonies Against Person 1,214 Felonies Against Property 1,933 Obstruction of Justice: Fel. & Misd. 1,491 Misdemeanors Against Person 1,095 Drugs: Fel. & Misd. 1,047 Public Peace: Fel. & Misd. 1,159 Misdemeanors Against Property 492 Status Offenses 259 Citations/Administrative 118 TOTAL TOTAL *8,808 100.00% *8,808 13.78% 21.95% 16.93% 12.43% 11.89% 13.16% 5.59% 2.94% 1.34% 100.00% Offense Class of Most Serious Offense: Detained FY00 Felony Misdemeanor Administrative Status Other TOTAL 4,744 2,743 1,018 257 46 53.86% 31.14% 11.56% 2.92% 0.52% *8,808 100.00% Prior Referrals & Types of Offenses: Detained FY 2000 (percent) 60 54 50 40 43 30 20 32 31 26 25 28 3 10 0 Referrals No Prev Ref 1 - 3 Prev Ref 4 or More Class Severity Felony Misdemeanor Status Felonies & Misd. Against: Person Property *Not all juveniles are detained as a result of the current referral. They can also be detained as court holds, on warrant, being held for another jurisdiction, or as a probation consequence. Therefore, tables related to referrals reflect 8,808 of the 13,075 juveniles detained. 50 This page intentionally left blank. ARIZONA J UVENILE POPULATION ESTIMATES AND PROJECTIONS: AGES 8 - 17 1995 - 2010 1,200,000 1,000,000 1,052,309 1,030,973 1,009,636 988,299 966,962 945,625 902,951 881,614 860,277 838,940 817,603 796,266 774,929 753,592 733,117 713,624 682,014 668,233 648,509 400,000 624,535 600,000 924,288 800,000 200,000 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 1995 - 2000 Population Estimates: Arizona Department of Economic Security, Research Administration, Population Statistics Unit. 2001 - 2015 Population Projections: Constructed using Linear Regression Model by AOC/JJSD. 51 Arizona County Population FY 2000 - Gender Estimates by Percent (ages 8 - 17) Male Female # 7,738 9,766 10,059 4,011 3,521 1,042 1,294 229,869 9,456 9,850 59,401 13,857 3,531 10,426 11,562 385,383 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL % 50% 51% 52% 51% 52% 55% 53% 53% 53% 53% 51% 53% 50% 52% 52% # 7,636 9,332 9,205 3,812 3,264 858 1,127 201,817 8,403 8,832 57,177 12,510 3,485 9,449 10,827 347,734 TOTAL % 50% 49% 48% 49% 48% 45% 47% 47% 47% 47% 49% 47% 50% 48% 48% 15,374 19,098 19,264 7,823 6,785 1,900 2,421 431,686 17,859 18,682 116,578 26,367 7,016 19,875 22,389 733,117 Arizona County Population FY 2000 Gender Estimates by Percent (ages 8 - 17) 52% 52% 48% 48% Pi na l 50% Pim a 50% 53% 47% 51% 49% 53% 53% 47% G La re Pa en z le e 47% 53% G ra ha m 47% 47% 53% 55% 45% 52% 51% 48% C 49% Ap 48% 51% 50% 49% 40% 50% 50% 52% 60% 30% 20% 10% 0% ac he oc hi se Co G ila co ni no M M oh ar ico av e pa Male Na va jo Sa nt a Ya Cr uz va pa Yu m a i Female Arizona County Population Estimates FY00: Arizona Department of Economic Security, Research Administration, Population Statistics Unit. 52 NOTES 1. The number of juveniles in each stage is an unduplicated count. Juveniles at each stage are counted once. A juvenile could be counted twice if assigned two different dispositions. If a juvenile was diverted and later placed on probation for a new offense in the same year, the juvenile would be counted twice, once for diversion and once for probation. The only exception to the unduplicated count are the tables “Pathways for Juveniles Filed in Adult Court” and “County: Direct Filed and Transferred to Adult Court FY00". In these tables, if a juvenile is direct filed and transferred, the juvenile would be counted twice, once for any transfers and once for any direct files. 2. Specific definitions of each severity category include, but are not limited to: Felonies against person - Aggravated assault, arson of occupied structure, child molesting, child prostitution, child abuse, criminal syndicate, custodial interference, drive-by shooting, intimidating by gang, kidnapping, endangerment, incest, leaving accident, manslaughter, murder, negligent homicide, robbery, sexual abuse, sexual assault, sexual conduct with minor. Felonies against property - Aggravated criminal damage, criminal damage, shoplifting, arson of unoccupied structure, armed burglary, burglary, computer fraud, fraud, embezzlement, extortion, forgery, unauthorized use of vehicle, organized crime, failure to return rental property, trafficking, possession of stolen property, stolen vehicle, theft. Obstruction of justice (felonies and misdemeanors) - Contempt of court, escape, unlawful or felony flight, failure to appear, hindering prosecution, influence witness, obstruction, perjury, parole or probation violation, resisting arrest. Misdemeanor against person - Assault, simple assault, domestic violence, endangerment, threatening intimidation, lewd and lascivious acts, unlawful imprisonment. Drugs (Felonies and Misdemeanors) - Possession, sale, use, transportation, or manufacture of any illegal drug (dangerous, narcotic, toxic substance, inhalant hallucinogen, or prescription) or drug paraphernalia, involving a minor in a drug offense. Public Peace (Felonies and Misdemeanors) - Aggravated DUI, alcohol under age consumption, carry concealed weapon, child neglect, commercial sex, contributing delinquency of minor, crime against nature, cruelty to animals, disorderly conduct, disturbing the peace, DUI, eavesdropping, false reporting, failure to stop, failure to appear, firework violation, gambling/gaming, harassment, indecent exposure, obscenity, prostitution, reckless burning, reckless driving, riot, public sexual indecency, speeding, traffic offenses, trespassing, criminal trespassing, unlawful assembly, weapons offenses, discharge firearm. 53 Misdemeanors against property - Criminal damage, issue bad check, shoplifting, and theft. Status Offenses - Curfew, incorrigible, liquor possession, runaway, tobacco possession, truancy. Citations/Administrative - Court hold, courtesy hold, immigration, sovereignty, traffic, warrant. 3. Population data have been provided by the Department of Economic Security, Research Administration, and Population Statistics Unit. The “Blue Wave” population graph has been updated reflecting population estimates through 2000. 4. For further information, see: Bartsch, David and Noriega, Donna. Juvenile Justice Treatment Evaluation Pilot Project Outcomes Report. Phoenix, AZ: Arizona Supreme Court, Administrative Office of the Courts, Juvenile Justice Services Division, July 1999. Deloitte Consulting. Arizona Juvenile Justice Evaluation. Sacramento, California: A Report Prepared for the Arizona State Legislature Juvenile Justice Committee, December, 1988. Gottfredson, Don M. and Gottfredson, Stephen D. Empirical Evaluation of the Progressively Increasing Consequences Act Program. A report prepared fort he Administrative Office of the Courts, Juvenile Justice Services Division, September, 1995. LeCroy, Craig W., Ashford, Jose B., Krysik, J., and Milligan, K. B. Initial Evaluation of Treatment Services for Juveniles Receiving Treatment in Arizona from January 1, 1994 to June 30, 1994. Phoenix, AZ. A report prepared for the Administrative Office of the Courts, Juvenile Justice Services Division, May 1997. LeCroy, Craig W., Krysik, Judy, and Palumbo, Dennis. Empirical Validation of the Arizona Risk/Needs Instrument and Assessment Process. Phoenix, AZ. A report prepared for the Administrative Office of the Courts, Juvenile Justice Services Division, December, 1998. McNulty, Elizabeth W. and Russell, J. Neil. Juvenile Commitment Guidelines Departure Research Project. Phoenix, AZ: Administrative Office of the Courts, Juvenile Justice Services Division, September, 1995. 54 McNulty, Elizabeth W. Juvenile Transfer Study: Juveniles Transferred to Adult Court 1994. Phoenix, AZ: Administrative Office of the Courts, Juvenile Justice Services Division, February 1996. Salk, Elliot. Treatment Evaluation Pilot Project Final Report. Phoenix, AZ: A report prepared for the Administrative Office of the Courts, Juvenile Justice Services Division, June 1999. Vicki Romero & Associates, Inc. Survey of Arizona Juvenile Justice Service Providers: Final Report. A report prepared for the Administrative Office of he Courts, Juvenile Justice Services Division, August 1995. 5. Maricopa County’s increase in petitions and dismissed dispositions is a result of the county attorney allowing the juvenile probation department to process many citations as diversion complaints to minimize the effect on the court’s schedule. If a juvenile completed the consequences assigned by a probation officer, the citation (which in effect is a petition) was dismissed. 6. Because of further changes in recent years regarding automatic transfer of certain juvenile offenders to Adult Court for prosecution, most serious, violent offenders as defined in the guidelines are no longer eligible for commitment to ADJC. New Commitment Guidelines, which are less prescriptive, are currently under consideration for adoption and implementation. 55 GLOSSARY OF JUVENILE JUSTICE TERMS ADJUDICATION H EARING: In the juvenile court, the adjudication hearing is the proceeding in which a juvenile is found to be a delinquent, incorrigible or dependent youth. The hearing is relatively formal and is attended by the judicial officer, county attorney, defense attorney and the juvenile. Normally, the parents/guardians and a juvenile probation officer also attend, along with any victims or witnesses required. The adjudication hearing is sometimes compared to the trial process in adult court, without the jury. In some respects, an "adjudication" for a delinquent offense is the juvenile court's equivalent of a "criminal conviction" in adult court. ADULT COURT: Adult court has been defined in statute as the appropriate justice court, municipal court or criminal division of Superior Court with jurisdiction to hear offenses committed by juveniles. The new law specifies that juveniles who commit certain offenses, are chronic felony offenders, or have historical prior convictions, must be prosecuted in the adult court and if convicted, are subject to adult sentencing laws. ADULT P ROBATION: Adult probation is a function of the judicial branch of government, and has as its primary responsibility, the community-based supervision of adults convicted of criminal offenses, who are not sentenced to prison. Juveniles prosecuted as adults and who are placed on probation, are placed on adult probation. ARIZONA D EPARTMENT OF J UVENILE CORRECTIONS (ADJC): The ADJC is operated by the executive branch and is the juvenile counterpart of the Department of Corrections. ADJC operates facilities and programs primarily aimed at more serious juvenile offenders, ages 12 - 17, committed to their care and custody by the juvenile courts. ADJC operates secure correctional facilities, community-based after care programs, and juvenile parole. CHRONIC F ELONY O FFENDER : A chronic felony offender is statutorily defined as a juvenile who on two prior separate occasions was adjudicated delinquent for an offense that would have been comparable to a felony offense had the juvenile been prosecuted as an adult, and who commits a third felony offense. The county attorney is required by statute to bring criminal prosecution in adult court against all juveniles 15 years of age or older, who are charged with committing a third felony offense. The state must prove that the juvenile is a chronic offender. The county attorney has discretion to also indict 14-year-old juveniles as chronic felony offenders and to prosecute them as adults. COMMUNITY-B ASED ALTERNATIVE P ROGRAM (CBAP): As used in Senate Bill 1446 and the new juvenile statutes, Community-Based Alternative Programs are not specifically defined. However, the term "CBAP" has been used generally in reference to citizen boards established throughout local communities by county attorneys and/or juvenile courts. In cases where the county attorney has authorized "diversion," the juvenile and his parent(s) or guardian(s) may be referred to a CBAP, where the panel of citizens will review the offense, question the juvenile and issue a consequence. The fundamental intent of this type of Community-Based Alternative Program is to increase citizen involvement in the juvenile justice process. 56 COMMUNITY S ERVICE: When used as a "diversion" consequence, community service is unpaid work performed by a juvenile who admits to the delinquency or incorrigible charges and is eligible to have his/her prosecution "diverted" by the county attorney. Community service may also be a condition of juvenile probation. Community service work may involve such things as graffiti abatement, litter cleanup or any other public or private community assistance project under the supervision of the county attorney or juvenile court. COMPLAINT: By statute, a complaint is a written statement or report normally prepared by a law enforcement officer and submitted under oath to the Juvenile Court or the Superior Court, alleging that a juvenile has violated the law. It is also called a "delinquency complaint" or "written referral" (paper referral). DELINQUENT J UVENILE: A delinquent juvenile is simply a juvenile who commits an illegal offense. If the same offense had been committed by an adult, the offense would be a criminal act. DETENTION: Juvenile detention is specifically defined as the temporary confinement of a juvenile in a physically restricting facility, surrounded by a locked and physically restrictive secure barrier, with restricted ingress and egress. Juveniles are typically held in detention pending court hearings for purposes of public protection, their own protection or as a consequence for their misbehavior. DISCRETIONARY F ILINGS : The statutes permit the county attorney to bring criminal prosecution in adult court if the juvenile is 14 years of age or older and is accused of the serious, chronic and violent offenses enumerated in the law that warrant mandatory adult prosecution for juveniles 15 years of age or older. Essentially, county attorneys have full discretion in these instances to file a petition in juvenile court or to seek adult prosecution. DISPOSITION H EARING: A disposition hearing is conducted following the adjudication hearing to determine the most appropriate punishment or intervention for the juvenile. This hearing is comparable to a "sentencing hearing" in the adult criminal court. Simply stated, "disposition" refers to the process by which the juvenile court judge decides what to do with the juvenile. DIVERSION: Diversion is a process by which formal court action (prosecution) is averted. The diversion process is an opportunity for youth to admit their misdeeds and to accept the consequences without going through a formal adjudication and disposition process. By statute, the county attorney has sole discretion to divert prosecution for juveniles accused of committing any incorrigible or delinquent offense. INCORRIGIBLE YOUTH: Juveniles who commit offenses which would not be considered crimes if they were committed by adults are called status offenders (incorrigible youth). Typically, incorrigible youth are juveniles who refuse to obey the reasonable and proper directions of their parents or guardians. Juveniles who are habitually truant from school, run away from home, or violate curfew are considered to be incorrigible. 57 INTAKE: Intake occurs when a youth is referred to the juvenile probation department with a delinquent or incorrigible charge. Intake staff determine if a youth is eligible for diversion, per the county attorney's criteria, or whether the juvenile must be referred to the county attorney for possible prosecution. Intake officers meet with the juveniles and their parents, coordinate diversion consequences and issue reports to the court and county attorney. J UVENILE INTENSIVE P ROBATION S UPERVISION (JIPS) : Arizona Revised Statutes (A.R.S. § 8351) defines JIPS as "a program…..of highly structured and closely supervised juvenile probation…..which emphasizes surveillance, treatment, work, education and home detention." A primary purpose of JIPS is to reduce the commitments to the Arizona Department of Juvenile Corrections (ADJC) and other institutional or out-of-home placements. The statutes require that all juveniles adjudicated for a second felony offense must be placed on JIPS, committed to ADJC, or sent to adult court. M ANDATORY O FFENSES : The statutes mandate that certain serious, violent and chronic offenses, when committed by juveniles of a certain age, must be prosecuted in the adult criminal division of Superior Court. These "mandatory offenses" coincide with the crimes now enumerated in the State Constitution, as amended through the provisions of Proposition 102 and approved by Arizona voters at the 1996 general election. P AROLE: This term refers only to those juveniles who have been committed to ADJC and are then placed on juvenile "parole" upon their release. Juvenile parole is normally considered to be "conditional liberty." Parole is an executive branch function. P ETITION: A "petition" is a legal document filed in the juvenile court alleging that a juvenile is a delinquent, incorrigible, or a dependent child and requesting that the court assume jurisdiction over the youth. The petition initiates the formal court hearing process of the juvenile court. The petition is prepared by the county attorney, who determines what charges to bring against the juvenile. REFERRALS : Referrals can be made by police, parents, school officials, probation officers or other agencies or individuals requesting that the juvenile court assume jurisdiction over the juvenile's conduct. Referrals can be "paper referrals" issued as citations or police reports or "physical referrals" as in an actual arrest and custody by law enforcement. Juveniles may have multiple referrals during any given year or over an extended period of time between the ages of 8-17. Multiple referrals typically signal high risk, even when the referrals are for numerous incorrigible, or relatively minor offenses. STANDARD P ROBATION: A program for the supervision of juveniles placed on probation by the court. These juveniles are under the care and control of the court and are supervised by probation officers. 58 TRANSFER H EARING: A transfer hearing is held when the county attorney requests that the juvenile court consider transferring its jurisdiction of the juvenile to the adult criminal division of Superior Court. The juvenile court judge may decide to waive or retain jurisdiction in such matters based on A.R.S. § 8-327, but must state on the official court record the reasons for the decision. 59