JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM FY01 July 1, 2000 to June 30, 2001 January 2002 Arizona Supreme Court Administrative Office of the Courts Juvenile Justice Services Division Produced and Published by Arizona Supreme Court Administrative Office of the Courts ♦ Juvenile Justice Services Division 1501 W. Washington, Suite 337 ♦ 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 FY2001 July 1, 2000 to June 30, 2001 TABLE OF CONTENTS Introduction and Trends................................................................................................................1 Juveniles Referred.......................................................................................................................10 Juveniles Detained ......................................................................................................................13 Juveniles Diverted.......................................................................................................................17 Juveniles with Petitions Filed .....................................................................................................22 Juveniles with Dispositions of Dismissed...................................................................................25 Juveniles with Dispositions of Penalty Only ..............................................................................28 Juveniles with Dispositions to Standard Probation.....................................................................31 Juveniles with Dispositions to JIPS ............................................................................................35 Juveniles with Dispositions to ADJC .........................................................................................39 Juveniles Direct Filed in and Transferred to Adult Court...........................................................43 Juveniles Direct Filed in Adult Court .........................................................................................45 Juveniles Transferred to Adult Court..........................................................................................49 Population Estimates & Projections............................................................................................53 Notes ...........................................................................................................................................54 Glossary of Juvenile Justice Terms.............................................................................................57 i LIST OF TABLES, GRAPHS AND CHARTS Introduction/Trends Juvenile Justice Flow Chart ....................................................................................................3 Arizona Juvenile Court Activity FY01 ...................................................................................4 Referrals, Petitions Filed, Juveniles Referred and Juveniles Petitioned Fiscal Years 1997 - 2001 ..................................................................................................5 The Number of Juveniles Dispositioned to Probation, Intensive Probation, ADJC and Adult Court: Fiscal Years 1997 - 2001 ..........................................................7 Pathways for Juveniles Transferred and/or Direct Filed in Adult Court: Fiscal Years 1997 - 2001 ............................................................................9 Juveniles Referred County...................................................................................................................................10 Gender...................................................................................................................................11 Ethnicity................................................................................................................................11 Age........................................................................................................................................11 Education Status....................................................................................................................11 Number of Prior Referrals ....................................................................................................12 Severity of Most Serious Offense .........................................................................................12 Offense Class of Most Serious Offense ................................................................................12 Juveniles Detained County...................................................................................................................................14 Gender...................................................................................................................................15 Ethnicity................................................................................................................................15 Age........................................................................................................................................15 Education Status....................................................................................................................15 Number of Prior Referrals ....................................................................................................16 Severity of Most Serious Offense .........................................................................................16 Offense Class of Most Serious Offense ................................................................................16 Juveniles Diverted County...................................................................................................................................19 Gender...................................................................................................................................20 Ethnicity................................................................................................................................20 Age........................................................................................................................................20 Education Status....................................................................................................................20 Number of Prior Referrals ....................................................................................................21 Severity of Most Serious Offense .........................................................................................21 Offense Class of Most Serious Offense ................................................................................21 Juveniles with Petitions Filed County...................................................................................................................................22 Gender...................................................................................................................................23 Ethnicity................................................................................................................................23 ii Juveniles with Petitions Filed (continued) Age........................................................................................................................................23 Education Status....................................................................................................................23 Number of Prior Referrals ....................................................................................................24 Severity of Most Serious Offense .........................................................................................24 Offense Class of Most Serious Offense ................................................................................24 Juveniles with Dispositions of Dismissed County...................................................................................................................................25 Gender...................................................................................................................................26 Ethnicity................................................................................................................................26 Age........................................................................................................................................26 Education Status....................................................................................................................26 Number of Prior Referrals ....................................................................................................27 Severity of Most Serious Offense .........................................................................................27 Offense Class of Most Serious Offense ................................................................................27 Juveniles with Dispositions of Penalty Only County...................................................................................................................................28 Gender...................................................................................................................................29 Ethnicity................................................................................................................................29 Age........................................................................................................................................29 Education Status....................................................................................................................29 Number of Prior Referrals ....................................................................................................30 Severity of Most Serious Offense .........................................................................................30 Offense Class of Most Serious Offense ................................................................................30 Juveniles with Dispositions to Standard Probation County...................................................................................................................................32 Gender...................................................................................................................................33 Ethnicity................................................................................................................................33 Age........................................................................................................................................33 Education Status....................................................................................................................33 Number of Prior Referrals ....................................................................................................34 Severity of Most Serious Offense .........................................................................................34 Offense Class of Most Serious Offense ................................................................................34 Juveniles with Dispositions to JIPS County...................................................................................................................................36 Gender...................................................................................................................................37 Ethnicity................................................................................................................................37 Age........................................................................................................................................37 Education Status....................................................................................................................37 Number of Prior Referrals ....................................................................................................38 Severity of Most Serious Offense .........................................................................................38 Offense Class of Most Serious Offense ................................................................................38 iii Juveniles with Dispositions to ADJC County...................................................................................................................................40 Gender...................................................................................................................................41 Ethnicity................................................................................................................................41 Age........................................................................................................................................41 Education Status....................................................................................................................41 Number of Prior Referrals ....................................................................................................42 Severity of Most Serious Offense .........................................................................................42 Offense Class of Most Serious Offense ................................................................................42 Juveniles Direct Filed in and Transferred to Adult Court Pathways for Juveniles Filed in Adult Court FY01 ..............................................................44 County: Direct Filed in and Transferred to Adult Court FY01 ...........................................44 Juveniles Direct Filed in Adult Court County...................................................................................................................................46 Gender...................................................................................................................................47 Ethnicity................................................................................................................................47 Age........................................................................................................................................47 Education Status....................................................................................................................47 Number of Prior Referrals ....................................................................................................48 Severity of Most Serious Offense .........................................................................................48 Offense Class of Most Serious Offense ................................................................................48 Juveniles Transferred to Adult Court County...................................................................................................................................50 Gender...................................................................................................................................51 Ethnicity................................................................................................................................51 Age........................................................................................................................................51 Education Status....................................................................................................................51 Number of Prior Referrals ....................................................................................................52 Severity of Most Serious Offense .........................................................................................52 Offense Class of Most Serious Offense ................................................................................52 Population Arizona Juvenile Population Estimates and Projections: Ages 8 - 17 .................................53 iv JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY2001 July 1, 2000 to June 30, 2001 INTRODUCTION This is the eighth 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 courts’ automated juvenile court information management system that has been operational in Maricopa County Juvenile Court for more than 20 years, and statewide for eight 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 2001. Selected breakdowns of an unduplicated juvenile count1 are presented at the following stages: Referral; Detention; Diversion; Petition; Dispositions of Dismissed, Penalty Only, Standard Probation, Juvenile Intensive Probation Supervision, Arizona Department of Juvenile Corrections; and Juveniles Direct Filed in and Transferred to Adult Court. The characteristics of juveniles at each of these stages are contained in this report.2 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 offense.3 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, detained, diverted, petitioned, had at least one disposition from the court, and/or were direct filed in and/or transferred to adult court, at one point during FY01. 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 2001, 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 section.4 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 and more than one referral may have the same disposition, 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 by these juveniles at each stage. Several graphs are included in this section to portray trends over the past five years. The first series of graphs 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 series of graphs shows the number of juveniles in each of four dispositions for each of the past five 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. The last graph shows the pathways to adult court: transfer, mandatory direct file, mandatory prior conviction direct file, chronic direct file, and discretionary direct file. Each pathway reflects the number of juveniles who were sent to adult court through that particular channel. While the number of juveniles in each pathway is unduplicated, a juvenile may appear in more than one pathway. 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 Process.5 Juveniles Processed FY98, FY99, FY00 and FY01 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, to identify the most cost effective allocation of resources and to develop the most effective partnerships 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 FLOW CHART Delinquent/ Incorrigible Act Action by Police, Parent and School Other Agency Diversion Not Filed County Attorney Review Adjust after Consequences Diversion Referral to Juvenile Court (Petition) Direct Filing as an Adult Petition Filed as a Juvenile Transfer Hearing Arraignment Advisory Hearing Remand to Adult Court Adjudication Hearing Dismissal Trial Disposition Hearing Probation Standard/Intensive Other Sanctions 3 Commitment to AZ Department of Juvenile Corrections This page intentionally left blank. ARIZONA JUVENILE COURT ACTIVITY FY01 Intake: Received by Probation Department 79,657 Referrals 51,274 Juveniles Referrals (Physical) 15,018 Referrals 11,493 Juveniles Diversion 26,039 Referrals 22,305 Juveniles Dismissed 10,320 Referrals 8,302 Juveniles Referrals (Paper) 64,639 Referrals 45,581 Juveniles Petitions Filed 33,099 Referrals 19,983 Juveniles Penalty Only 718 Referrals 652 Juveniles Transfer to Adult Court 96 Referrals 85 Juveniles Standard Probation 15,272 Referrals 11,039 Juveniles JIPS 4,746 Referrals 2,549 Juveniles Direct Files in Adult Court 650 Referrals 583 Juveniles ADJC 1,666 Referrals 1,081 Juveniles Data Source: Arizona Supreme Court, Administrative Office of the Courts, Juvenile Justice Services Division; Fifteen Juvenile Courts’ Juvenile On-Line Tracking System (JOLTS), July 1, 2000 to June 30, 2001 4 Referrals, Petitions Filed and Juveniles Referred and Petitioned Fiscal Years 1997 - 2001 90,000 84,504 84,719 77,651 77,551 48,246 48,534 80,000 79,657 70,000 60,000 51,009 50,210 50,000 40,000 30,102 31,222 17,733 18,496 FY97 FY98 51,274 33,280 33,099 18,186 20,204 19,983 FY99 FY00 FY01 29,669 30,000 20,000 10,000 0 Referrals Juveniles Referred Petitions 5 Juveniles Petitioned Referrals Petitions 87,000 85,000 83,000 34,000 84,719 33,280 33,099 32,000 84,504 30,000 81,000 79,657 79,000 77,651 77,000 31,222 30,102 77,551 26,000 75,000 24,000 FY97 FY98 FY99 FY00 FY01 FY97 52,000 50,210 19,000 49,000 18,000 48,246 48,534 16,000 46,000 15,000 FY99 FY01 FY00 20,204 18,186 17,733 18,496 FY97 FY98 17,000 47,000 FY98 FY00 19,983 20,000 50,000 FY97 FY99 21,000 51,274 51,009 48,000 FY98 Juveniles Petitioned Juveniles Referred 51,000 29,669 28,000 FY01 6 FY99 FY00 FY01 The Number ofof Juveniles Dispositioned toto Probation, Intensive Probation, ADJC and Adult Court The Number Juveniles Dispositioned Probation, Intensive Probation, ADJC and Adult Court 6 Fiscal FiscalYears Years1997 1997- 2001 - 2001 12,000 11,039 10,830 10,000 9,436 8,989 9,199 8,000 6,000 4,000 2,408 2,000 0 1,419 2,718 2,572 2,552 1,670 1,345 1,290 1,081 918 809 668 FY99 FY00 1,118 711 FY97 FY98 Standard Probation Intensive Probation 7 ADJC 2,549 FY01 Adult Court Standard Probation 12,000 8,000 1,800 11,039 10,830 9,436 10,000 ADJC 9,199 8,989 900 4,000 600 2,000 300 0 0 FY98 FY99 1,419 1,200 6,000 FY97 1,670 1,500 FY00 FY98 Intensive Probation 1,200 2,700 1,000 2,718 2,400 800 2,552 2,572 2,500 2,549 FY00 FY01 1,118 918 711 809 600 2,408 668 400 2,300 200 2,200 0 FY97 FY99 Adult Court 2,800 2,600 1,290 1,081 FY97 FY01 1,345 FY98 FY99 FY00 FY01 FY97 8 FY98 FY99 FY00 FY01 Pathways for Juveniles Transferred and/or Direct Filed in Adult Court Fiscal Years 1997 - 20016 700 600 644 500 400 367 329 347 300 265 319 302 247 277 226 200 140 118 100 110 86 67 42 16 0 FY97 FY98 Transfer Mandatory FY99 Mandatory-Prior 9 85 82 68 45 42 FY00 FY01 Chronic Discretionary JUVENILES REFERRED TO THE ARIZONA SUPERIOR COURT SYSTEM IN FY01 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 FY01. 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. County: Juveniles Referred FY01 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 309 1,658 1,829 851 513 103 190 26,145 2,225 1,272 9,595 2,222 633 1,849 1,880 51,274 TOTAL 10 0.60% 3.23% 3.57% 1.66% 1.00% 0.20% 0.37% 50.99% 4.34% 2.48% 18.71% 4.33% 1.23% 3.61% 3.67% 100.00% Gender: Juveniles Referred FY01 Ethnicity: Juveniles Referred FY01 Male Female Unknown 34,224 17,050 0 66.75% 33.25% 0.00% TOTAL 51,274 100.00% Age: Juveniles Referred FY01 8 9 10 11 12 13 14 15 16 17 Unknown 284 561 838 1,429 2,805 4,997 7,400 9,602 10,452 12,422 484 0.55% 1.09% 1.63% 2.79% 5.47% 9.75% 14.43% 18.73% 20.38% 24.23% 0.94% TOTAL 51,274 100.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown 18,510 3,298 25,792 2,777 288 229 380 36.10% 6.43% 50.30% 5.42% 0.56% 0.45% 0.74% TOTAL 51,274 100.00% Education Status: Juveniles Referred FY01 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 34,389 3,012 79 166 190 45 14 13,379 67.07% 5.87% 0.15% 0.32% 0.37% 0.09% 0.03% 26.09% TOTAL 51,274 100.00% Demographic Characteristics: Juveniles Referred FY2001 70% 67% 67% 60% 50% 50% 45% 40% 30% 33% 36% 33% 20% 21% 10% 6% 5% 0% Gender Male Female Ethnicity Age Hispanic African American Anglo Native American 11 Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Juveniles Referred FY01 Severity of Most Serious Offense: Juveniles Referred FY01 0 1 2 3 4 5 6 7 8 or more 25,248 8,948 4,702 3,016 2,105 1,553 1,113 938 3,651 49.24% 17.45% 9.17% 5.88% 4.11% 3.03% 2.17% 1.83% 7.12% TOTAL 51,274 100.00% Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative 2,478 5,513 4,679 4,490 4,900 12,960 6,667 9,340 247 4.80% 10.69% 9.07% 8.71% 9.50% 25.13% 12.93% 18.69% 0.48% TOTAL 51,274 100.00% Offense Class of Most Serious Offense: Juveniles Referred FY01 Felony Misdemeanor Administrative Status Other 14,985 23,902 2,547 9,341 499 29.23% 46.62% 4.97% 18.22% 0.97% TOTAL 51,274 100.00% Prior Referrals & Types of Offenses: Juveniles Referred FY2001 50% 49% 47% 45% 40% 35% 30% 33% 29% 25% 24% 20% 18% 18% 15% 14% 10% 5% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 12 Class Felony Misdemeanor Status This page intentionally left blank. JUVENILES DETAINED BY THE JUVENILE COURT IN FY01 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. 13 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: Juveniles Detained FY01 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL 14 117 354 395 460 180 32 38 6,648 379 394 2,385 739 251 629 593 0.86% 2.60% 2.91% 3.38% 1.32% 0.24% 0.28% 48.90% 2.79% 2.90% 17.54% 5.44% 1.85% 4.63% 4.36% 13,594 100.00% Gender: Juveniles Detained FY01 Ethnicity: Juveniles Detained FY01 Male Female Unknown 10,280 3,314 0 75.62% 24.38% 0.00% TOTAL 13,594 100.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown Age: Juveniles Detained FY01 TOTAL 8 9 10 11 12 13 14 15 16 17 Unknown 5 39 92 161 419 992 1,836 2,683 3,227 4,063 77 0.04% 0.29% 0.68% 1.18% 3.08% 7.30% 13.51% 19.74% 23.74% 29.89% 0.57% TOTAL 13,594 100.00% 5,427 1,127 5,914 907 72 113 34 39.92% 8.29% 43.50% 6.67% 0.53% 0.83% 0.25% 13,594 100.00% Education Status: Juveniles Detained FY01 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown TOTAL 6,187 1,348 43 109 81 10 15 5,801 45.51% 9.92% 0.32% 0.80% 0.60% 0.07% 0.11% 42.67% 13,594 100.00% Demographic Characteristics: Juveniles Detained FY2001 80% 76% 70% 60% 54% 50% 40% 46% 44% 40% 33% 30% 20% 24% 13% 10% 8% 7% 0% Gender Male Female Ethnicity Age Hispanic African American Anglo Native American 15 Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Juveniles Detained FY01 Severity of Most Serious Offense: Juveniles Detained FY01 0 1 2 3 4 5 6 7 8 or more 2,307 1,272 1,012 795 673 542 424 376 1,847 24.95% 13.75% 10.94% 8.60% 7.28% 5.86% 4.58% 4.07% 19.97% TOTAL *9,248 100.00% Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative TOTAL 1,205 1,965 1,586 1,320 1,096 1,247 499 218 112 13.03% 21.25% 17.15% 14.27% 11.85% 13.48% 5.40% 2.36% 1.21% *9,248 100.00% Offense Class of Most Serious Offense: Juveniles Detained FY01 Felony Misdemeanor Administrative Status Other TOTAL 4,939 2,999 1,060 218 32 53.41% 32.43% 11.46% 2.36% 0.35% *9,248 100.00% Prior Referrals & Types of Offenses: Juveniles Detained FY2001 60% 53% 50% 42% 40% 33% 30% 25% 32% 27% 27% 20% 10% 2% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property Class Felony Misdemeanor Status *Not all juveniles are detained as a result of the current referral. They can also be detained as court holds, on warrant, for another jurisdiction, or as a probation consequence. Therefore, tables related to referrals reflect 9,248 of the 13,594 juveniles detained. 16 This page intentionally left blank. JUVENILES DIVERTED IN FY01 Diversion allows a juvenile to avoid formal court processing and to have the referral alleging an 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. A.R.S. § 8-321 provides the statutory authority and requirements for determining which juveniles can be diverted and the conditions that must be met. The major requirements of A.R.S. § 8-321 are briefly summarized as follows: 1. The county attorney determines which juveniles accused of committing an incorrigible or delinquent act to divert 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. § 28692 (DUI) is not eligible for diversion. 2. 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. 3. 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: a. Participation in unpaid community service work. b. Participation in a counseling program, which is designed to strengthen family relationships and to prevent repetitive juvenile delinquency. c. Participation in an education program, approved by the court, which has as its goal the prevention of further delinquent behavior. d. 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. 17 e. 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. f. Payment of restitution to the victim of the delinquent act. g. 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. 5. 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. 6. 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. 18 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: Juveniles Diverted FY01 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 130 1,043 927 399 259 37 111 10,570 731 303 4,891 944 140 1,036 784 0.58% 4.68% 4.16% 1.79% 1.16% 0.17% 0.50% 47.39% 3.28% 1.36% 21.93% 4.23% 0.63% 4.64% 3.51% TOTAL 22,305 100.00% 19 Gender: Juveniles Diverted FY01 Ethnicity: Juveniles Diverted FY01 Male Female Unknown 13,703 8,602 0 61.43% 38.57% 0.00% TOTAL 22,305 100.00% Age: Juveniles Diverted FY01 8 9 10 11 12 13 14 15 16 17 Unknown 160 307 470 816 1,607 2,794 3,937 4,614 4,075 3,450 75 0.72% 1.38% 2.11% 3.66% 7.20% 12.53% 17.65% 20.69% 18.27% 15.47% 0.34% TOTAL 22,305 100.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown 7,901 1,257 11,609 1,054 129 112 243 35.42% 5.64% 52.05% 4.73% 0.58% 0.50% 1.09% TOTAL 22,305 100.00% Education Status: Juveniles Diverted FY01 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 16,296 498 11 41 40 6 5 5,408 73.06% 2.23% 0.05% 0.18% 0.18% 0.03% 0.02% 24.25% TOTAL 22,305 100.00% Demographic Characteristics: Juveniles Diverted FY2001 80% 73% 70% 60% 61% 52% 50% 40% 39% 38% 35% 34% 30% 28% 20% 10% 6% 0% Gender Male Female 5% Ethnicity Age Hispanic African American Anglo Native American 20 Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Juveniles Diverted FY01 Severity of Most Serious Offense: Juveniles Diverted FY01 0 1 2 3 4 5 6 7 8 or more 14,803 4,378 1,534 576 298 184 123 86 323 66.37% 19.63% 6.88% 2.58% 1.34% 0.82% 0.55% 0.39% 1.45% TOTAL 22,305 100.00% Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative TOTAL Offense Class of Most Serious Offense: Juveniles Diverted FY01 Felony Misdemeanor Administrative Status Other 3,390 12,557 221 6,098 39 15.20% 56.30% 0.99% 27.34% 0.17% TOTAL 22,305 100.00% Prior Referrals & Types of Offenses: Juveniles Diverted FY2001 70% 66% 60% 56% 50% 40% 30% 29% 27% 27% 20% 15% 10% 11% 5% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 21 Class Felony Misdemeanor Status 288 934 145 2,058 1,912 5,828 5,038 6,098 4 1.29% 4.19% 0.65% 9.23% 8.57% 26.13% 22.59% 27.34% 0.02% 22,305 100.00% This page intentionally left blank. JUVENILES WITH PETITIONS FILED IN FY01 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 only. 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’s Annual Reports. 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: Petitions Filed FY01 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 156 435 533 334 264 63 50 10,719 560 448 3,394 947 383 679 1,018 0.78% 2.18% 2.67% 1.67% 1.32% 0.32% 0.25% 53.64% 2.80% 2.24% 16.98% 4.74% 1.92% 3.40% 5.09% TOTAL 19,983 100.00% 22 Gender: Petitions Filed FY01 Male Female Unknown 14,833 5,150 0 TOTAL Ethnicity: Petitions Filed FY01 74.23% 25.77% 0.00% 19,983 Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown 100.00% Age: Petitions Filed FY01 TOTAL 8 9 10 11 12 13 14 15 16 17 Unknown 42 141 258 432 930 1,830 2,816 4,012 4,573 4,915 34 0.21% 0.71% 1.29% 2.16% 4.65% 9.16% 14.09% 20.08% 22.88% 24.60% 0.17% TOTAL 19,983 100.00% 7,902 1,503 9,184 1,143 97 75 79 39.54% 7.52% 45.96% 5.72% 0.49% 0.38% 0.40% 19,983 100.00% Education Status: Petitions Filed FY01 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 14,392 2,451 64 127 129 22 15 2,783 72.02% 12.27% 0.32% 0.64% 0.65% 0.11% 0.08% 13.93% TOTAL 19,983 100.00% Demogrpahic Characteristics: Petitions Filed FY2001 80% 70% 74% 72% 60% 50% 47% 46% 40% 40% 34% 30% 26% 20% 18% 10% 8% 6% 0% Gender Male Female Ethnicity Age Hispanic African American Anglo Native American 23 Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Petitions Filed FY01 Severity of Most Serious Offense: Petitions Filed FY01 0 1 2 3 4 5 6 7 8 or more 5,180 3,282 2,527 2,078 1,443 1,159 890 707 2,717 25.92% 16.42% 12.65% 10.40% 7.22% 5.80% 4.45% 3.54% 13.60% TOTAL 19,983 100.00% Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative TOTAL Offense Class of Most Serious Offense: Petitions Filed FY01 Felony Misdemeanor Administrative Status Other TOTAL 8,679 7,362 2,407 1,519 16 43.43% 36.84% 12.05% 7.60% 0.08% 19,983 100.00% Prior Referrals & Types of Offenses: Petitions Filed FY2001 45% 43% 40% 39% 37% 35% 35% 30% 25% 26% 26% 20% 17% 15% 10% 8% 5% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 24 Class Felony Misdemeanor Status 1,336 3,696 4,599 2,035 2,492 2,854 1,405 1,518 48 6.69% 18.50% 23.01% 10.18% 12.47% 14.28% 7.03% 7.60% 0.24% 19,983 100.00% This page intentionally left blank. JUVENILES WITH DISPOSITIONS OF DISMISSED IN FY01 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 taken. 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 a 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. County: Disposition of Dismissed FY01 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 99 170 172 140 75 18 49 5,025 207 171 1,059 398 152 250 317 1.19% 2.05% 2.07% 1.69% 0.90% 0.22% 0.59% 60.53% 2.49% 2.06% 12.76% 4.79% 1.83% 3.01% 3.82% TOTAL 8,302 100.00% 25 Gender: Disposition of Dismissed FY01 Ethnicity: Disposition of Dismissed FY01 Male Female Unknown 6,018 2,284 0 72.49% 27.51% 0.00% TOTAL 8,302 100.00% Age: Disposition of Dismissed FY01 8 9 10 11 12 13 14 15 16 17 Unknown 15 71 161 201 358 701 1,113 1,527 1,730 2,088 337 0.18% 0.86% 1.94% 2.42% 4.31% 8.44% 13.41% 18.39% 20.84% 25.15% 4.06% TOTAL 8,302 100.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown 3,170 677 3,920 406 49 33 47 38.18% 8.15% 47.22% 4.89% 0.59% 0.40% 0.57% TOTAL 8,302 100.00% Education Status: Disposition of Dismissed FY01 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 5,633 737 22 31 36 6 7 1,830 67.85% 8.88% 0.26% 0.37% 0.43% 0.07% 0.08% 22.04% TOTAL 8,302 100.00% Demographic Characteristics: Disposition of Dismissed FY2001 80% 70% 72% 68% 60% 50% 47% 40% 46% 38% 32% 30% 28% 20% 18% 10% 8% 5% 0% Gender Male Female Ethnicity Age Hispanic African American Anglo Native American 26 Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Disposition of Dismissed FY01 Severity of Most Serious Offense: Disposition of Dismissed FY01 0 1 2 3 4 5 6 7 8 or more 2,635 1,365 972 750 584 397 321 267 1,011 31.74% 16.44% 11.71% 9.03% 7.03% 4.78% 3.87% 3.22% 12.18% TOTAL 8,302 100.00% Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative 344 837 1,327 777 595 2,107 656 1,649 10 4.14% 10.08% 15.98% 9.36% 7.17% 25.38% 7.90% 19.86% 0.12% TOTAL 8,302 100.00% Offense Class of Most Serious Offense: Disposition of Dismissed FY01 Felony Misdemeanor Administrative Status Other 1,985 3,571 1,014 1,651 81 23.91% 43.01% 12.21% 19.89% 0.98% TOTAL 8,302 100.00% Prior Referrals & Types of Offenses: Disposition of Dismissed FY2001 45% 43% 40% 37% 35% 30% 32% 31% 25% 24% 20% 20% 18% 15% 14% 10% 5% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 27 Class Felony Misdemeanor Status This page intentionally left blank. JUVENILES WITH DISPOSITIONS OF PENALTY ONLY IN FY01 Adjudicated juveniles may receive a disposition of penalty only. 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. County: Disposition of Penalty Only FY01 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 3 25 69 2 9 0 1 355 0 15 74 59 3 3 34 0.46% 3.83% 10.58% 0.31% 1.38% 0.00% 0.15% 54.45% 0.00% 2.30% 11.35% 9.05% 0.46% 0.46% 5.21% TOTAL 652 100.00% 28 Gender: Disposition of Penalty Only FY01 Male Female Unknown 472 180 0 72.39% 27.61% 0.00% TOTAL 652 100.00% Ethnicity: Disposition of Penalty Only FY01 Age: Disposition of Penalty Only FY01 8 9 10 11 12 13 14 15 16 17 Unknown 1 0 0 7 18 36 45 67 116 336 26 0.15% 0.00% 0.00% 1.07% 2.76% 5.52% 6.90% 10.28% 17.79% 51.53% 3.99% TOTAL 652 100.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown 223 50 316 55 2 4 2 34.20% 7.67% 48.47% 8.44% 0.31% 0.61% 0.31% TOTAL 652 100.00% Education Status: Disposition of Penalty Only FY01 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 433 84 1 3 3 0 1 127 66.41% 12.88% 0.15% 0.46% 0.46% 0.00% 0.15% 19.48% TOTAL 652 100.00% Demographic Characteristics: Disposition of Penalty Only FY2001 80% 70% 72% 69% 66% 60% 50% 48% 40% 34% 30% 28% 20% 17% 10% 8% 10% 8% 0% Gender Male Female Ethnicity Age Hispanic African American Anglo Native American 29 Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Disposition of Penalty Only FY01 0 1 2 3 4 5 6 7 8 or more 179 112 88 49 44 28 33 20 99 27.45% 17.18% 13.50% 7.52% 6.75% 4.29% 5.06% 3.07% 15.18% TOTAL 652 100.00% Severity of Most Serious Offense: Disposition of Penalty Only FY01 Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative 18 65 99 64 74 183 61 87 1 2.76% 9.97% 15.18% 9.82% 11.35% 28.07% 9.36% 13.34% 0.15% TOTAL 652 100.00% Offense Class of Most Serious Offense: Disposition of Penalty Only FY01 Felony Misdemeanor Administrative Status Other 177 297 90 87 1 27.15% 45.55% 13.80% 13.34% 0.15% TOTAL 652 100.00% Prior Referrals & Types of Offenses: Disposition of Penalty Only FY2001 50% 46% 45% 40% 38% 35% 34% 30% 25% 27% 27% 20% 19% 15% 13% 13% 10% 5% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 30 Class Felony Misdemeanor Status This page intentionally left blank. JUVENILES WITH DISPOSITIONS OF STANDARD PROBATION IN FY01 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, fostering law-abiding behavior, and restitution to victims and society for the wrongs committed against them, preservation of the best interest of the child, and stability of the family unit. Juveniles placed on probation must comply with specific 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 or chooses to continue violating the law, the probation officer will refer the juvenile back to the court. The court may in turn impose more severe liberty restrictions, including detention, placement in the JIPS program or commitment to the Arizona Department of Juvenile Corrections. 31 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: Disposition of Standard Probation FY01 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL 32 108 170 292 169 171 47 25 6,355 259 311 1,882 290 153 319 488 0.98% 1.54% 2.65% 1.53% 1.55% 0.43% 0.23% 57.57% 2.35% 2.82% 17.05% 2.63% 1.39% 2.89% 4.42% 11,039 100.00% Gender: Disposition of Standard Probation FY01 Ethnicity: Disposition of Standard Probation FY01 Male Female Unknown 8,088 2,951 0 73.27% 26.73% 0.00% TOTAL 11,039 100.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown TOTAL Age: Disposition of Standard Probation FY01 8 9 10 11 12 13 14 15 16 17 Unknown 0 22 67 142 417 977 1,705 2,427 2,546 2,724 12 0.00% 0.20% 0.61% 1.29% 3.78% 8.85% 15.45% 21.99% 23.06% 24.68% 0.11% TOTAL 11,039 100.00% 4,174 773 5,327 615 57 44 49 37.81% 7.00% 48.26% 5.57% 0.52% 0.40% 0.44% 11,039 100.00% Education Status: Disposition of Standard Probation FY01 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown TOTAL 8,473 887 19 70 49 8 0 1,533 76.76% 8.04% 0.17% 0.63% 0.44% 0.07% 0.00% 13.89% 11,039 100.00% Demographic Characteristics: Disposition of Standard Probation FY2001 80% 70% 77% 73% 60% 50% 48% 48% 40% 38% 37% 30% 27% 20% 15% 10% 7% 6% 0% Gender Male Female Ethnicity Hispanic African American Anglo Native American 33 Age Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Disposition of Standard Probation FY01 0 1 2 3 4 5 6 7 8 or more 2,844 2,131 1,643 1,341 883 659 423 319 796 25.76% 19.30% 14.88% 12.15% 8.00% 5.97% 3.83% 2.89% 7.21% TOTAL 11,039 100.00% Severity of Most Serious Offense: Disposition of Standard Probation FY01 Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative TOTAL Offense Class of Most Serious Offense: Disposition of Standard Probation FY01 Felony Misdemeanor Administrative Status Other TOTAL 5,292 3,442 1,236 907 162 47.94% 31.18% 11.20% 8.22% 1.47% 11,039 100.00% Prior Referrals & Types of Offenses: Disposition of Standard Probation FY2001 50% 48% 46% 45% 40% 35% 31% 30% 25% 28% 27% 26% 20% 15% 15% 10% 8% 5% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 34 Class Felony Misdemeanor Status 753 2,109 2,194 945 1,738 1,399 831 907 163 6.82% 19.10% 19.87% 8.56% 15.74% 12.67% 7.53% 8.22% 1.48% 11,039 100.00% This page intentionally left blank. JUVENILES WITH DISPOSITIONS OF JIPS IN FY01 Juvenile Intensive Probation Supervision (JIPS) is a sentencing consequence used by the juvenile court judges for those youth who are in need of a higher level of 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 increased supervision and structure 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 than ADJC or residential treatment. JIPS differs from standard probation in the increased frequency of face to face contacts between the juvenile and the JIPS officer, 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. 35 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: Disposition of JIPS FY01 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 18 102 65 43 41 10 9 1,171 115 66 389 123 40 127 230 0.71% 4.00% 2.55% 1.69% 1.61% 0.39% 0.35% 45.94% 4.51% 2.59% 15.26% 4.83% 1.57% 4.98% 9.02% TOTAL 2,549 100.00% 36 Gender: Disposition of JIPS FY01 Ethnicity: Disposition of JIPS FY01 Male Female Unknown 2,179 370 0 85.48% 14.52% 0.00% TOTAL 2,549 100.00% Age: Disposition of JIPS FY01 8 9 10 11 12 13 14 15 16 17 Unknown TOTAL 0 2 3 8 30 138 364 599 704 697 4 0.00% 0.08% 0.12% 0.31% 1.18% 5.41% 14.28% 23.50% 27.62% 27.34% 0.16% 2,549 100.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown 1,117 193 1,126 100 9 3 1 43.82% 7.57% 44.17% 3.92% 0.35% 0.12% 0.04% TOTAL 2,549 100.00% Education Status: Disposition of JIPS FY01 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 1,869 369 20 10 24 7 4 246 73.32% 14.48% 0.78% 0.39% 0.94% 0.27% 0.16% 9.65% TOTAL 2,549 100.00% Demographic Characteristics: Disposition of JIPS FY2001 90% 80% 85% 73% 70% 60% 55% 50% 44% 44% 40% 38% 30% 20% 10% 15% 8% 0% Gender Male Female 4% Ethnicity 7% Age Hispanic African American Anglo Native American 37 Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Disposition of JIPS FY01 0 1 2 3 4 5 6 7 8 or more TOTAL Severity of Most Serious Offense: Disposition of JIPS FY01 90 125 194 254 253 285 278 229 841 3.53% 4.90% 7.61% 9.96% 9.93% 11.18% 10.91% 8.98% 32.99% 2,549 100.00% Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative 221 648 1,142 112 209 159 51 4 3 8.67% 25.42% 44.80% 4.39% 8.20% 6.24% 2.00% 0.16% 0.12% TOTAL 2,549 100.00% Offense Class of Most Serious Offense: Disposition of JIPS FY01 Felony Misdemeanor Administrative Status Other 1,290 505 747 4 3 50.61% 19.81% 29.31% 0.16% 0.12% TOTAL 2,549 100.00% Prior Referrals & Types of Offenses: Disposition of JIPS FY2001 80% 74% 70% 60% 50% 51% 40% 30% 27% 22% 20% 20% 13% 10% 4% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 38 Class Felony Misdemeanor Status This page intentionally left blank. JUVENILES WITH DISPOSITIONS TO ADJC IN FY01 Disposition of a juvenile to the Arizona Department of Juvenile Corrections (ADJC) is governed by statute and the Arizona Judicial Code of Administration. Arizona Revised Statutes § 8-342 (A) provides: “A child under the age of eight years shall not be committed to the department of juvenile corrections nor shall a dependent or incorrigible child be awarded to the department of juvenile corrections.” Arizona Revised Statutes § 8-246(C), as amended, mandates: 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 prescribe factors the court must consider, in addition to other relevant facts, when committing youth to the care and custody of ADJC. The legislative intent is that commitment to ADJC should be reserved for those juveniles whom the court believes need treatment in a secure care facility for the protection of the public. The commitment guidelines as revised and adopted in July, 2001 and documented in the Arizona Code of Judicial Administration Part 6, Chapter 3, Section 6-304 are as follows: 1. When considering the commitment of a juvenile to the care and custody of ADJC, the juvenile court shall: a. Only commit those juveniles who are adjudicated for a delinquent act and whom the court believes require placement in a secure care facility for the protection of the community; b. Consider commitment to ADJC as a final opportunity for rehabilitation of the juvenile, as well as a way of holding the juvenile accountable for a serious delinquent act or acts; c. Give special consideration to the nature of the offense, the level of risk the juvenile poses to the community, and whether appropriate less restrictive alternatives to commitment exist within the community; and d. Clearly identify, in the commitment order, the offense or offenses for which the juvenile is being committed and any other relevant factors that the court determines as reasons to consider the juvenile a risk to the community. 2. The juvenile court shall not consider juveniles for commitment to ADJC when charged with an incorrigible offense or offenses or a violation of a court order while under protective supervision for an incorrigible offense. 39 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: Disposition to ADJC FY01 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL 40 3 26 18 12 10 0 2 490 39 19 276 82 15 34 55 0.28% 2.41% 1.67% 1.11% 0.93% 0.00% 0.19% 45.33% 3.61% 1.76% 25.53% 7.59% 1.39% 3.15% 5.09% 1,081 100.00% Gender: Disposition to ADJC FY01 Male Female Unknown TOTAL Ethnicity: Disposition to ADJC FY01 963 118 0 89.08% 10.92% 0.00% 1,081 100.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown Age: Disposition to ADJC FY01 8 9 10 11 12 13 14 15 16 17 Unknown TOTAL TOTAL 0 0 0 0 3 48 119 216 309 385 1 0.00% 0.00% 0.00% 0.00% 0.28% 4.44% 11.01% 19.98% 28.58% 35.62% 0.09% 1,081 100.00% 497 103 425 50 5 0 1 45.98% 9.53% 39.32% 4.63% 0.46% 0.00% 0.09% 1,081 100.00% Education Status: Disposition to ADJC FY01 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown TOTAL 656 261 11 10 19 2 4 118 60.68% 24.14% 1.02% 0.93% 1.76% 0.19% 0.37% 10.92% 1,081 100.00% Demographic Characteristics: Disposition to ADJC FY2001 90% 89% 80% 70% 64% 60% 61% 50% 46% 40% 39% 30% 31% 20% 10% 11% 10% 5% 5% 0% Gender Male Female Ethnicity 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: Disposition to ADJC FY01 0 1 2 3 4 5 6 7 8 or more TOTAL Severity of Most Serious Offense: Disposition to ADJC FY01 36 31 42 38 51 70 86 106 621 3.33% 2.87% 3.89% 3.52% 4.72% 6.48% 7.96% 9.81% 57.45% 1,081 100.00% Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative TOTAL Offense Class of Most Serious Offense: Disposition to ADJC FY01 Felony Misdemeanor Administrative Status Other TOTAL 570 178 332 0 1 52.73% 16.47% 30.71% 0.00% 0.09% 1,081 100.00% Prior Referrals & Types of Offenses: Disposition to ADJC FY2001 90% 86% 80% 70% 60% 53% 50% 40% 30% 28% 20% 10% 3% 10% 16% 15% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 42 Class Felony Misdemeanor Status 117 275 472 41 75 68 31 0 2 10.82% 25.44% 43.66% 3.79% 6.94% 6.29% 2.87% 0.00% 0.19% 1,081 100.00% This page intentionally left blank. JUVENILES DIRECT FILED IN AND TRANSFERRED TO ADULT COURT IN FY01 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 include duplicate counts.1 Pathways to Adult Court • Mandatory: Juveniles ages 15, 16, or 17 who commit a specified violent crime must be filed in adult court. • Mandatory Prior: Juveniles previously convicted in adult court must be returned to adult court for any subsequent crimes or violations of probation. • 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. • Discretion of County Attorney: Juveniles who are 14 and chronic offenders or are 14 or older and commit one of a list of specified offenses may be filed in adult court. • 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. 43 This page intentionally left blank. Pathways for Juveniles Filed in Adult Court FY01 Pathways Transfer Mandatory Mandatory - Prior Chronic Discretionary Number of Juveniles 85 226 42 68 247 % of Total 12.72% 33.83% 6.29% 10.18% 36.98% *668 100.00% TOTAL County: Direct Filed in and Transferred to Adult Court FY01 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL 1 11 11 9 13 1 2 406 11 10 140 20 9 10 14 0.15% 1.65% 1.65% 1.35% 1.95% 0.15% 0.30% 60.78% 1.65% 1.50% 20.96% 2.99% 1.35% 1.50% 2.10% *668 100.00% *The number of juveniles in these tables are a duplicated count. A youth could be counted twice because of the possibility of being both direct filed and transferred to adult court during a single fiscal year. 44 This page intentionally left blank. JUVENILES DIRECT FILED IN ADULT COURT IN FY01 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 mandate 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. 45 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: Juveniles Direct Filed in Adult Court FY01 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 1 9 11 5 11 0 2 365 8 8 122 11 8 8 14 0.17% 1.54% 1.89% 0.86% 1.89% 0.00% 0.34% 62.61% 1.37% 1.37% 20.93% 1.89% 1.37% 1.37% 2.40% TOTAL 583 100.00% 46 Gender: Juveniles Direct Filed FY01 Male Female Unknown 552 31 0 TOTAL 583 Ethnicity: Juveniles Direct Filed FY01 94.68% 5.32% 0.00% 100.00% Age: Juveniles Direct Filed FY01 8 9 10 11 12 13 14 15 16 17 Unknown 0 0 0 0 0 0 23 83 170 298 9 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 3.95% 14.24% 29.16% 51.11% 1.54% TOTAL 583 100.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown 295 61 188 25 5 4 5 50.60% 10.46% 32.25% 4.29% 0.86% 0.69% 0.86% TOTAL 583 100.00% Education Status: Juveniles Direct Filed FY01 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 297 178 3 3 5 0 3 94 50.94% 30.53% 0.51% 0.51% 0.86% 0.00% 0.51% 16.12% TOTAL 583 100.00% Demographic Characteristics: Juveniles Direct Filed in Adult Court FY2001 100% 90% 95% 80% 80% 70% 60% 50% 51% 51% 40% 32% 30% 20% 18% 10% 0% 5% Gender Male Female 10% 4% Ethnicity Hispanic African American Anglo Native American 47 Age Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Juveniles Direct Filed FY01 Severity of Most Serious Offense: Juveniles Direct Filed FY01 0 1 2 3 4 5 6 7 8 or more 112 56 47 49 31 41 24 31 192 19.21% 9.61% 8.06% 8.40% 5.32% 7.03% 4.12% 5.32% 32.93% TOTAL 583 100.00% Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative 319 168 5 6 58 26 1 0 0 54.72% 28.82% 0.86% 1.03% 9.95% 4.46% 0.17% 0.00% 0.00% TOTAL 583 100.00% Offense Class of Most Serious Offense: Juveniles Direct Filed FY01 Felony Misdemeanor Administrative Status Other 568 15 0 0 0 97.43% 2.57% 0.00% 0.00% 0.00% TOTAL 583 100.00% Prior Referrals & Types of Offenses: Juveniles Direct Filed in Adult Court FY2001 100% 97% 90% 80% 70% 60% 55% 50% 56% 40% 30% 20% 26% 29% 19% 10% 3% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 48 Class Felony Misdemeanor Status This page intentionally left blank. JUVENILES TRANSFERRED TO ADULT COURT IN FY01 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. 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 49 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: Juveniles Transferred to Adult Court FY01 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 0 2 0 4 2 1 0 41 3 2 18 9 1 2 0 TOTAL 85 50 0.00% 2.35% 0.00% 4.71% 2.35% 1.18% 0.00% 48.24% 3.53% 2.35% 21.18% 10.59% 1.18% 2.35% 0.00% 100.00% Gender: Juveniles Transferred FY01 Male Female Unknown 83 2 0 TOTAL 85 Ethnicity: Juveniles Transferred FY01 97.65% 2.35% 0.00% 100.00% Age: Juveniles Transferred FY01 8 9 10 11 12 13 14 15 16 17 Unknown 0 0 0 0 0 0 0 3 7 71 4 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 3.53% 8.24% 83.53% 4.71% TOTAL 85 100.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown 45 2 32 6 0 0 0 52.94% 2.35% 37.65% 7.06% 0.00% 0.00% 0.00% TOTAL 85 100.00% Education Status: Juveniles Transferred FY01 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 34 27 1 1 3 0 0 19 40.00% 31.76% 1.18% 1.18% 3.53% 0.00% 0.00% 22.35% TOTAL 85 100.00% Demographic Characteristics: Transferred to Adult Court FY2001 100% 98% 90% 92% 80% 70% 60% 53% 50% 40% 40% 38% 30% 20% 10% 2% 2% Gender Ethnicity 7% 4% 0% Male Female Hispanic African American Anglo Native American 51 Age Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Juveniles Transferred FY01 Severity of Most Serious Offense: Juveniles Transferred FY01 0 1 2 3 4 5 6 7 8 or more 15 9 3 12 4 10 3 2 27 17.65% 10.59% 3.53% 14.12% 4.71% 11.76% 3.53% 2.35% 31.76% TOTAL 85 100.00% Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative 16 49 1 3 8 7 1 0 0 18.82% 57.65% 1.18% 3.53% 9.41% 8.24% 1.18% 0.00% 0.00% TOTAL 85 100.00% Offense Class of Most Serious Offense: Juveniles Transferred FY01 Felony Misdemeanor Administrative Status Other 78 7 0 0 0 91.76% 8.24% 0.00% 0.00% 0.00% TOTAL 85 100.00% Prior Referrals & Types of Offenses: Transferred to Adult Court FY2001 100% 92% 90% 80% 70% 60% 59% 54% 50% 40% 30% 20% 28% 18% 22% 10% 8% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 52 Class Felony Misdemeanor Status This page intentionally left blank. ARIZONA JUVENILE POPULATION ESTIMATES AND PROJECTIONS: AGES 8 - 17 1990 - 2010 1000000 900000 800000 700000 983167 960930 938693 916456 849744 827507 805269 783032 752924 713624 682014 648509 624535 607308 585659 563129 539719 300000 515429 400000 668233 500000 894218 871981 600000 200000 100000 0 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 1995 - 1999 Population Estimates: Arizona Department of Economic Security, Research Administration, Population Statistics Unit. 2000 Population Estimate: US Census Bureau, Single Age Estimates 2001 - 2015 Population Projections: Constructed using Linear Regression Model by AOC/JJSD. 53 This page intentionally left blank. 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 more than once if assigned more than one disposition during the fiscal year. For example, 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 exceptions to the unduplicated count of juveniles at each stage are the tables “Pathways for Juveniles Transferred and/or Direct Filed in Adult Court FY01” and “County: Direct Filed and Transferred to Adult Court FY01". 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. Percentages in tables may not equal 100% due to rounding. 3. Specific definitions of each severity category include, but are not limited to: Felonies against person - Aggravated assault, arson of occupied structure, child molestation, 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. 54 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. 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. 4. Population data have been provided by the Department of Economic Security, Research Administration, and Population Statistics Unit and the U.S. Census Bureau. The “Blue Wave” population graph has been updated reflecting population estimates through 2000. 5. 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 for the 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. 55 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. 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. 6. Due to the dynamic nature of the adult court data, historical data represents the most current information available. Other indicators are as previously reported in Juveniles Processed. 56 GLOSSARY OF JUVENILE JUSTICE TERMS ADJUDICATION HEARING: 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. The parents/guardians and a juvenile probation officer may 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 PROBATION: 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 DEPARTMENT OF JUVENILE 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 committed to their care and custody by the juvenile courts. ADJC operates secure correctional facilities, community-based after care programs, and juvenile parole. CHRONIC FELONY OFFENDER: 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 county attorney has discretion to also indict 14-year-old juveniles as chronic felony offenders and to prosecute them as adults. COMMUNITY-BASED ALTERNATIVE PROGRAM (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. 57 COMMUNITY SERVICE: 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 JUVENILE: 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 FILINGS: 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. In addition, criminal prosecution may be brought against any juvenile with a prior conviction in adult court. Essentially, county attorneys have full discretion in these instances to file a petition in juvenile court or to seek adult prosecution. DISPOSITION HEARING: 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. 58 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. JUVENILE INTENSIVE PROBATION SUPERVISION (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. MANDATORY OFFENSES: 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. PAROLE: 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. PETITION: 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 county attorney, who determines what charges to bring against the juvenile, prepares the delinquent or incorrigibility petition. 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 PROBATION: 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. 59 TRANSFER HEARING: 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. 60