Arizona’s Juvenile Court Counts Statewide Statistical Information FY2016 JULY 1, 2015 - JUNE 30, 2016 ADMINISTRATIVE OFFICE OF THE COURTS JUVENILE JUSTICE SERVICES DIVISION Research & Information Unit | Suite 337 | 602.452.3443 Produced and Published by Arizona Supreme Court – Administrative Office of the Courts Juvenile Justice Services Division Deborah D. Kurth, PhD Research and Information Manager Angela J. Rhudy Administrative Assistant Special thanks to the JOLTS Coordinators, Directors, and staff for their diligence in ensuring quality data for this report. TABLE OF CONTENTS Section I: Introduction & Trends Introduction and Trends .................................................................................................... 1 Section II: Referral Processing Referrals ............................................................................................................................ Detention ........................................................................................................................... Diversion ........................................................................................................................... 7 13 17 Section III: Court Processing Petitions ............................................................................................................................. Dismissals ......................................................................................................................... Penalty Only ...................................................................................................................... Standard Probation ............................................................................................................ Intensive Probation (JIPS) ................................................................................................ 21 25 29 33 37 Section IV: Additional Topics Juvenile Corrections (ADJC) ............................................................................................ ADJC & AOC Comparison ............................................................................................... Pathways to Adult Court ................................................................................................... Direct Filings in Adult Court ........................................................................................ Transferred to Adult Court ........................................................................................... Gender ................................................................................................................................ 41 45 47 48 52 57 Notes & Glossary Notes ................................................................................................................................. Glossary ............................................................................................................................ 59 62 i LIST OF TABLES AND GRAPHS INTRODUCTION & TRENDS Juvenile Justice Flow Chart .............................................................................................. Arizona Juvenile Court Activity, FY16 ............................................................................ Arizona Juvenile Population Projections, Ages 8 – 17 ..................................................... Referrals, Petitions Filed & Juveniles Referred and Petitioned, Fiscal Years 2012-2016 Juveniles Disposed to Probation, Intensive Probation, ADJC and Adult Court, Fiscal Years 2012 – 2016 ............................................................................................................ Juvenile Pathways to Adult Court, Fiscal Years 2012 – 2016 .......................................... 3 4 4 5 5 6 REFERRALS 1.1 Juveniles Referred by County, FY16 .......................................................................... 1.2 Juveniles Referred by Gender, FY16 .......................................................................... 1.3 Juveniles Referred by Age, FY16 ............................................................................... 1.4 Juveniles Referred by Race, FY16 .............................................................................. 1.5 Juveniles Referred by Education Status, FY16 ........................................................... 1.6 Juveniles Referred by Number of Prior Referrals, FY16 ............................................ 1.7 Juveniles Referred by Severity of Most Serious Offense, FY16 ................................ 1.8 Juveniles Referred by Offense Class, FY16 ............................................................... 1.9 Top Ten Referral Categories, FY16 ............................................................................ Graph: Referrals, Five Year Trend ................................................................................... 1.10 Juveniles Referred by County and Gender, FY16 .................................................... 1.11 Juveniles Referred by County and Age, FY16 ......................................................... 1.12 Juveniles Referred by County and Race, FY16 ........................................................ 7 7 7 8 8 8 8 8 9 9 10 10 11 DETENTION 2.1 Juveniles Detained by County, FY16 .......................................................................... 2.2 Juveniles Detained by Gender, FY16 ......................................................................... 2.3 Juveniles Detained by Age, FY16 ............................................................................... 2.4 Juveniles Detained by Race, FY16 ............................................................................. 2.5 Juveniles Detained by Education Status, FY16 .......................................................... 2.6 Juveniles Detained by Number of Prior Referrals, FY16 ........................................... 2.7 Juveniles Detained for a Referral by Severity of Most Serious Offense, FY16 ......... 2.8 Juveniles Detained for a Referral by Offense Class of Most Serious Offense, FY16 2.9 Juveniles Detained by County and Gender, FY16 ...................................................... 2.10 Juveniles Detained by County and Age, FY16 ......................................................... 2.11 Juveniles Detained by County and Race, FY16 ........................................................ Graph: Juveniles Detained, Five Year Trend .................................................................... 13 13 14 14 14 14 14 14 15 15 16 16 DIVERSION 3.1 Juveniles Diverted by County, FY16 .......................................................................... 3.2 Juveniles Diverted by Gender, FY16 .......................................................................... 3.3 Juveniles Diverted by Age, FY16 ............................................................................... 3.4 Juveniles Diverted by Race, FY16 .............................................................................. 17 17 17 18 ii 3.5 Juveniles Diverted by Education Status, FY16 ........................................................... 3.6 Juveniles Diverted by Number of Prior Referrals, FY16 ............................................ 3.7 Juveniles Diverted by Severity of Most Serious Offense, FY16 ................................ 3.8 Juveniles Diverted by Offense Class, FY16 ............................................................... 3.9 Juveniles Diverted by County and Gender, FY16 ...................................................... 3.10 Juveniles Diverted by County and Age, FY16 ......................................................... 3.11 Juveniles Diverted by County and Race, FY16 ........................................................ Graph: Diversion, Five Year Trend .................................................................................. 18 18 18 18 19 19 20 20 PETITIONS 4.1 Juveniles Petitioned by County, FY16 ........................................................................ 4.2 Juveniles Petitioned by Gender, FY16 ........................................................................ 4.3 Juveniles Petitioned by Age, FY16 ............................................................................. 4.4 Juveniles Petitioned by Race, FY16 ........................................................................... 4.5 Juveniles Petitioned by Education Status, FY16 ........................................................ 4.6 Juveniles Petitioned by Number of Prior Referrals, FY16 ......................................... 4.7 Juveniles Petitioned by Severity of Most Serious Offense, FY16 .............................. 4.8 Juveniles Petitioned by Offense Class, FY16 ............................................................. 4.9 Juveniles Petitioned by County and Gender, FY16 .................................................... 4.10 Juveniles Petitioned by County and Age, FY16 ....................................................... 4.11 Juveniles Petitioned by County and Race, FY16 ...................................................... Graph: Petitions, Five Year Trend .................................................................................... 21 21 21 22 22 22 22 22 23 23 24 24 DISMISSALS 5.1 Juveniles with Dismissals by County, FY16 .............................................................. 5.2 Juveniles with Dismissals by Gender, FY16 .............................................................. 5.3 Juveniles with Dismissals by Age, FY16 .................................................................... 5.4 Juveniles with Dismissals by Race, FY16 .................................................................. 5.5 Juveniles with Dismissals by Education Status, FY16 ............................................... 5.6 Juveniles with Dismissals by Number of Prior Referrals, FY16 ................................ 5.7 Juveniles with Dismissals by Severity of Most Serious Offense, FY16 ..................... 5.8 Juveniles with Dismissals by Offense Class, FY16 .................................................... 5.9 Juveniles with Dismissals by County and Gender, FY16 ........................................... 5.10 Juveniles with Dismissals by County and Age, FY16 .............................................. 5.11 Juveniles with Dismissals by County and Race, FY16 ............................................. Graph: Dismissals, Five Year Trend ................................................................................. 25 25 25 26 26 26 26 26 27 27 28 28 PENALTY ONLY 6.1 Juveniles Disposed to Penalty Only by County, FY16 ............................................... 6.2 Juveniles Disposed to Penalty Only by Gender, FY16 ............................................... 6.3 Juveniles Disposed to Penalty Only by Age, FY16 .................................................... 6.4 Juveniles Disposed to Penalty Only by Race, FY16 ................................................... 6.5 Juveniles Disposed to Penalty Only by Education Status, FY16 ................................ 6.6 Juveniles Disposed to Penalty Only by Number of Prior Referrals, FY16 ................. 6.7 Juveniles Disposed to Penalty Only by Severity of Most Serious Offense, FY16 ..... 6.8 Juveniles Disposed to Penalty Only by Offense Class, FY16 .................................... 6.9 Juveniles Disposed to Penalty Only by County and Gender, FY16 ........................... 6.10 Juveniles Disposed to Penalty Only by County and Age, FY16 .............................. 29 29 29 30 30 30 30 30 31 31 iii 6.11 Juveniles Disposed to Penalty Only by County and Race, FY16 ............................. Graph: Penalty Only, Five Year Trend ............................................................................. 32 32 STANDARD PROBATION 7.1 Standard Probation by County, FY16 ......................................................................... 7.2 Standard Probation by Gender, FY16 ......................................................................... 7.3 Standard Probation by Age, FY16 .............................................................................. 7.4 Standard Probation by Race, FY16 ............................................................................. 7.5 Standard Probation by Education Status, FY16 .......................................................... 7.6 Standard Probation by Number of Prior Referrals, FY16 ........................................... 7.7 Standard Probation by Severity of Most Serious Offense, FY16 ............................... 7.8 Standard Probation by Offense Class, FY16 .............................................................. 7.9 Standard Probation by County and Gender, FY16 ..................................................... 7.10 Standard Probation by County and Age, FY16 ......................................................... 7.11 Standard Probation by County and Race, FY16 ....................................................... Graph: Standard Probation, Five Year Trend ................................................................... 33 33 33 34 34 34 34 34 35 35 36 36 INTENSIVE PROBATION (JIPS) 8.1 JIPS by County, FY16 ................................................................................................ 8.2 JIPS by Gender, FY16 ................................................................................................ 8.3 JIPS by Age, FY16 ...................................................................................................... 8.4 JIPS by Race, FY16 .................................................................................................... 8.5 JIPS by Education Status, FY16 ................................................................................. 8.6 JIPS by Number of Prior Referrals, FY16 .................................................................. 8.7 JIPS by Severity of Most Serious Offense, FY16 ....................................................... 8.8 JIPS by Offense Class, FY16 ...................................................................................... 8.9 JIPS by Gender by County, FY16 ............................................................................... 8.10 JIPS by Age by County, FY16 .................................................................................. 8.11 JIPS by Race by County, FY16 ................................................................................ Graph: JIPS, Five Year Trend ........................................................................................... 37 37 37 38 38 38 38 38 39 39 40 40 JUVENILE CORRECTIONS (ADJC) 9.1 Juvenile Corrections by County, FY16 ....................................................................... 9.2 Juvenile Corrections by Gender, FY16 ....................................................................... 9.3 Juvenile Corrections by Age, FY16 ............................................................................ 9.4 Juvenile Corrections by Race, FY16 ........................................................................... 9.5 Juvenile Corrections by Education Status, FY16 ........................................................ 9.6 Juvenile Corrections by Number of Prior Referrals, FY16 ........................................ 9.7 Juvenile Corrections by Severity of Most Serious Offense, FY16 ............................. 9.8 Juvenile Corrections by Offense Class, FY16 ............................................................ 9.9 Juvenile Corrections by County and Gender, FY16 ................................................... 9.10 Juvenile Corrections by County and Age, FY16 ...................................................... 9.11 Juvenile Corrections by County and Race, FY16 ..................................................... Graph: Arizona Dept. of Juvenile Corrections, Five Year Trend ..................................... 41 41 42 42 42 42 42 42 43 43 44 44 ADJC & AOC COMPARISON 10.1 Commitments, FY16 ................................................................................................. 10.2 Commitments, FY15 ................................................................................................. 45 46 iv Graph: Juveniles with Original Commitments to ADJC, Five Year Trend ...................... 46 PATHWAYS TO ADULT COURT 11.1 Pathways to Adult Court, FY16 ................................................................................ 11.2 Pathways to Adult Court by County, FY16 .............................................................. 47 47 DIRECT FILINGS IN ADULT COURT 11.3 Direct Filings by County, FY16 ................................................................................ 11.4 Direct Filings by Gender, FY16 ................................................................................ 11.5 Direct Filings by Age, FY16 ..................................................................................... 11.6 Direct Filings by Race, FY16 ................................................................................... 11.7 Direct Filings by Education Status, FY16 ................................................................ 11.8 Direct Filings by Number of Prior Referrals, FY16 ................................................. 11.9 Direct Filings by Severity of Most Serious Offense, FY16 ...................................... 11.10 Direct Filings by Offense Class, FY16 ................................................................... 11.11 Direct Filings by County and Gender, FY16 .......................................................... 11.12 Direct Filings by County and Age, FY16 ............................................................... 11.13 Direct Filings by County and Race, FY16 .............................................................. Graph: Juveniles Direct Filed to Adult Court, Five Year Trend ....................................... 48 48 49 49 49 49 49 49 50 50 51 51 TRANSFERRED TO ADULT COURT 11.14 Transferred by County, FY16 ................................................................................. 11.15 Transferred by Gender, FY16 ................................................................................. 11.16 Transferred by Age, FY16 ...................................................................................... 11.17 Transferred by Race, FY16 ..................................................................................... 11.18 Transferred by Education Status, FY16 .................................................................. 11.19 Transferred by Number of Prior Referrals, FY16 ................................................... 11.20 Transferred by Severity of Most Serious Offense, FY16 ....................................... 11.21 Transferred by Offense Class, FY16 ....................................................................... 11.22 Transferred by County and Gender, FY16 .............................................................. 11.23 Transferred by County and Age, FY16 ................................................................... 11.24 Transferred by County and Race, FY16 ................................................................. Graph: Juveniles Transferred to Adult Court, Five Year Trend ....................................... 52 52 53 53 53 53 53 53 54 54 55 55 GENDER 12.1 Gender by Court Stage, FY16 ................................................................................... 12.2 Average Age at First Referral, FY16 ........................................................................ 12.3 Gender by Severity of the Most Serious Referral Offense, FY16 ............................ 12.4 Gender by Offense Class ........................................................................................... Graph: Juveniles Referred by Gender ............................................................................... 57 57 57 58 58 NOTES & GLOSSARY Notes ................................................................................................................................. Glossary ............................................................................................................................ 59 62 JUVENILE & ADULT TERMINOLOGY Differences Between Juvenile and Adult Terminology .................................................... 65 v This page intentionally left blank. vi FY 2016 Introduction & Trends Arizona’s Juvenile Court Counts ARIZONA’S JUVENILE COURT COUNTS FY16 | 1 INTRODUCTION AND TRENDS The Juvenile Justice Services Division’s Research and Information Unit is pleased to present the sixth edition of Arizona’s Juvenile Court Counts. Prior to fiscal year 2011, statistics were presented in a series entitled Juveniles Processed in the Arizona Court System, which ran from 1993 to 2010. Both publications have utilized the same methodology to ensure statistics are comparable across time. Statistics provided are for youth 8 to 17 years old whom have been processed through the juvenile system for either delinquent or incorrigible acts. In Arizona, the Superior Court exercises jurisdiction over these juveniles, and while exercising such jurisdiction, sits as a Juvenile Court. Children under the age of eight are considered dependent regardless of the nature of the act committed and individuals 18 and older are considered adults (A.R.S. §8-201.13), therefore these two categories are not included in this publication. Currently, information on delinquent and incorrigible youth are maintained in two case management systems – Juvenile Online Tracking System (JOLTS) and the integrated Court Information System (iCIS). Maricopa County uses iCIS and the remaining fourteen counties use JOLTS. An upgraded version of JOLTS, named JOLTSaz was introduced to Pima County on July 1, 2013. During fiscal year 2016, Yuma, Santa Cruz, La Paz and Cochise Counties also converted to JOLTSaz. For this extract, data from JOLTSaz were formatted and coded to mirror data from JOLTS. Various departments and staff members input data into these systems and each juvenile court actively participates in maintaining the data to ensure its quality and accuracy. Due to ongoing quality assurance and data conversion between systems, some tables include an “unknown” category to account for missing data or records with data entry errors. Data from these systems were extracted in November 2016 and used to calculate statistics for this edition. The data extraction included information on all juveniles who were processed through a court stage during fiscal year 2016 (FY16), July 1, 2015 through June 30, 2016. Each section of this publication provides statistics on each of the court stages, which are as follows:       Referral Detention Diversion Petition Dismissal Penalty Only       Standard Probation Juvenile Intensive Probation Supervision (JIPS) Juvenile Corrections Direct File to Adult Court Transfer to Adult Court Juvenile Females (Special Topic Section) Statistics provided are cross-sectional in design. Therefore, statistics are not reflective of case processing start to finish for individual youth, but rather a snapshot of the juveniles who experienced each particular stage during the given timeframe. A juvenile may be counted in one or multiple stages or have been counted in a previous fiscal year when processing first began. In addition, youth from the current counts may reappear in next year’s numbers as well, if their case is not resolved until then. Each section starts with the count of juveniles1 who experienced that stage. Each juvenile is counted once. Note, these statistics will diverge from reports that count by case or charge. Next, breakdowns of those juveniles by demographic categories, offense2, and county are provided. In the event the juvenile had 2 | ARIZONA’S JUVENILE COURT COUNTS FY16 multiple referrals or petitions moving through the court, each variable was measured using the juveniles’ first referral, petition, or disposition falling within the fiscal year. Each section also has a graph showing the five year trend for that stage. On the pages that follow, several charts and graphs are included to provide an overview of how juveniles are processed through the system as well as to illustrate current trends. The Arizona Juvenile Court Activities graph on page 4 provides duplicated and unduplicated counts of juveniles at each stage. Since a juvenile may receive more than one referral in a given year and each referral may or may not have the same disposition, the number of referrals and the number of juveniles at each stage will not be the same. A population projection graph is provided on page 4 to illustrate the increasing number of youth residing in Arizona who are within the Juvenile Court’s age of jurisdiction. The next graph on page 5 shows trends for referrals, juveniles referred, petitions filed and juveniles with petitions filed. The “referrals” figure is the cumulative number of referrals for the year. The “juveniles referred” figure, on the other hand, is the number of unique youth who received those referrals. The same distinction is made between petitions filed (every petition counted) and juveniles with petitions filed (each juvenile counted once regardless of multiple petitions). Overall, the number of referrals and petitions, as well as the number of juveniles from each category, have been decreasing since FY07. The Dispositions graph on page 5 shows the number of juveniles ordered to each disposition over the past five years. The number for each disposition is unduplicated; however, if a youth received more than one disposition during the fiscal year, he or she would be counted once in each disposition category. Each year, standard probation is the most common disposition followed by intensive probation. Disposition to the adult court is consistently the least common outcome. The last graph in this section (page 6) shows the number of juveniles entering adult court through each available pathway. Pathways include judicial transfer, mandatory direct file, mandatory prior conviction direct file, chronic direct file, and discretionary direct file. While the number of juveniles in each pathway is unduplicated, a juvenile may appear in more than one pathway due to multiple petitions taking different pathways. Overall, the number of juveniles in adult court is decreasing. Mandatory direct filings remain the most common pathway to adult court. The least common is transfers. Research on juveniles processed in the Arizona court system is constant. For additional publications and statistical reports from the Arizona Supreme Court’s Juvenile Justice Services Division (JJSD), please visit our website at http://www.azcourts.gov/jjsd. ARIZONA’S JUVENILE COURT COUNTS FY16 | 3 Juvenile Justice Flow Chart DELINQUENT/INCORRIGIBLE ACT REFER TO OTHER AGENCY ACTION BY POLICE, SCHOOL OR PARENTS COMPLAINT/REFERRAL JUVENILE PROBATION DEPARTMENT DIVERSION DIRECT FILING TO ADULT COURT DISCRETIONARY OR MANDATORY COUNTY ATTORNEY PROBATION OFFICER DIVERSION PROGRAM COMMUNITY JUSTICE COMMITTEE NO PETITION FILED PETITION TRANSFER REQUEST ADVISORY HEARING CONSEQUENCES ADVISORY HEARING SUCCESSFUL COMPLETION NONCOMPLIANCE TRANSFER HEARING ADJUDICATION HEARING DENIED DISMISSED GRANTED ADJUDICATE REMAND TO ADULT COURT NOTE: Adult court processes past transfer/direct filing are not shown here. DISPOSITION HEARING OTHER SANCTIONS PROBATION COMMIT TO ADJC 4 | ARIZONA’S JUVENILE COURT COUNTS FY16 Arizona Juvenile Court Activity, FY16 Received by Probation Department 34,721 Referrals 23,207 Juveniles Diversion 11,519 Referrals 10,436 Juveniles Dismissed 4,334 Petitions 3,414 Juveniles Physical Referrals 4,666 Referrals 3,480 Juveniles Paper Referrals 29,214 Referrals 21,015 Juveniles Petitions Filed 13,849 Petitions 7,883 Juveniles Transferred to Adult 12 Petitions 12 Juveniles Penalty Only 505 Petitions 435 Juveniles Std. Probation 5,773 Petitions 4,083 Juveniles Direct Filed in Adult 293 Referrals 256 Juveniles ADJC 311 Petitions 218 Juveniles JIPS 2,156 Petitions 1,005 Juveniles 1,190,630 1,167,106 1,142,546 1,117,347 1,091,818 1,067,405 1,046,525 1,030,722 1,020,439 1,011,611 1,002,713 995,172 989,372 984,396 978,784 975,729 969,083 955,973 939,459 924,365 Arizona Juvenile Population Projections Ages 8 - 17 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Source: Arizona Department of Administration, Office of Employment and Population Statistics ARIZONA’S JUVENILE COURT COUNTS FY16 | 5 Referrals, Petitions Filed & Juveniles Referred and Petitioned Fiscal Years 2012 - 2016 60,000 50,251 50,000 43,827 39,578 40,000 37,411 33,617 29,510 26,991 30,000 19,602 17,085 20,000 11,249 10,000 25,467 34,721 23,207 15,193 15,076 13,849 9,850 9,032 8,954 7,883 FY13 FY14 FY15 FY16 0 FY12 Referrals Juveniles Referred Petitions Juveniles Petitioned Juveniles Disposed to Probation, Intensive Probation, ADJC and Adult Court Fiscal Years 2012-2016 7,000 6,695 5,837 6,000 4,929 4,964 5,000 4,083 4,000 3,000 2,000 1,000 0 1,282 1,191 1,089 1,083 1,005 295 294 241 224 256 584 FY12 479 FY13 471 FY14 374 FY15 218 FY16 Standard Probation Intensive Probation ADJC Adult Court 6 | ARIZONA’S JUVENILE COURT COUNTS FY16 Juvenile Pathways to Adult Court Fiscal Years 2012-2016 180 163 150 160 140 127 120 105 121 105 100 69 80 70 79 63 60 40 27 26 20 18 18 17 19 FY12 FY13 Transfer Mandatory 0 33 20 21 12 14 16 FY14 7 FY15 Mandatory-Prior Chronic 12 10 FY16 Discretionary FY 2016 Referral Processing REFERRALS DETENTION DIVERSION ARIZONA’S JUVENILE COURT COUNTS FY16 | 7 REFERRALS Statistics provided in this section are on individual youth (unduplicated). For youth who were referred more than once during the fiscal year, information from the first referral is reported. Juveniles formally enter the court system when a referral is made. Referrals are submitted to the County Attorney and allege the youth committed a delinquent or incorrigible act. Referrals can be made by police, parents, school officials, probation officers, other agencies or individuals requesting the juvenile court to assume jurisdiction over the youth’s conduct. In order for a referral to be made, the youth must be between 8 and 17 years old. Referrals can be “paper referrals” issued as citations or police reports, or “physical referrals” where the juvenile is arrested by law enforcement. Multiple offenses can be included on a referral. Statistics provided in this section focus on the most serious offense included in the referral. In 2016, an estimated 955,973 juveniles aged 8 to 17 resided in Arizona. From July 1, 2015 to June 31, 2016, 2.4% of these juveniles were referred to Arizona’s juvenile courts. This figure translates to a ratio of roughly 1 in every 41 juveniles being referred. Lastly, these 23,207 juveniles generated 34,721 referrals, which is an average of almost 1.5 referrals per juvenile in the given year. As shown in Table 1.1, the majority of referrals originate from Maricopa County. Most of the referred juveniles were male, in their late teens, and White. In addition, most referred juveniles had no prior referrals on record and were referred for a misdemeanor offense. Table 1.1. Juveniles Referred by County, FY16 COUNTY Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma COUNT 114 554 575 371 223 65 90 11,300 930 370 4,416 1,672 304 915 1,308 PERCENT 0.49% 2.39% 2.48% 1.60% 0.96% 0.28% 0.39% 48.69% 4.01% 1.59% 19.03% 7.20% 1.31% 3.94% 5.64% TOTAL 23,207 100.00% Table 1.2. Juveniles Referred by Gender, FY16 Male Female 15,278 7,929 65.83% 34.17% TOTAL 23,207 100.00% Table 1.3. Juveniles Referred by Age, FY16 AGE 8 9 10 11 12 13 14 15 16 17 Unknown TOTAL COUNT 90 174 232 475 965 1,876 2,999 4,339 5,337 6,505 215 23,207 PERCENT 0.39% 0.75% 1.00% 2.05% 4.16% 8.08% 12.92% 18.70% 23.00% 28.03% 0.93% 100.00% 8 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 1.4. Juveniles Referred by Race, FY16 RACE Hispanic African American White Native American Asian/Pacific Islander Other Unknown COUNT 8,304 2,614 10,240 1,344 151 39 515 PERCENT 35.78% 11.26% 44.12% 5.79% 0.65% 0.17% 2.22% TOTAL 23,207 100.00% Table 1.5. Juveniles Referred by Education Status, FY16 STATUS COUNT PERCENT Enrolled 12,677 54.63% Not Enrolled 1,267 5.46% Expelled 56 0.24% Suspended 95 0.41% Withdrawn 160 0.69% Graduated 111 0.48% GED Program 12 0.05% Unknown 8,829 38.04% TOTAL 23,207 100.00% Table 1.6. Juveniles Referred by Number of Prior Referrals, FY16 PRIOR REFERRALS COUNT PERCENT 0 12,648 54.50% 1 3,969 17.10% 2 2,013 8.67% 3 1,149 4.95% 4 738 3.18% 5 571 2.46% 6 404 1.74% 7 302 1.30% 8 or more 1,413 6.09% TOTAL 23,207 100.00% Table 1.7. Juveniles Referred by Severity of Most Serious Offense, FY16 OFFENSE COUNT PERCENT Felonies Against Persons 1,527 6.58% Felonies Against Property 1,715 7.39% Obstruction of Justice, Felony & Misdemeanor 2,088 9.00% Misdemeanors Against Persons 2,701 11.64% Drugs, Felony & Misdemeanor 3,382 14.57% Public Peace, Felony & Misdemeanor 4,664 20.10% Misdemeanors Against Property 3,415 14.72% Status Offense 3,200 13.79% Administrative 515 2.22% TOTAL 23,207 100.00% Table 1.8. Juveniles Referred by Offense Class, FY16 OFFENSE CLASS Felony Misdemeanor Violations of Probation & Ordinances Status Other COUNT 7,397 10,890 PERCENT 31.87% 46.93% 878 3,258 784 3.78% 14.04% 3.38% TOTAL 23,207 100.00% ARIZONA’S JUVENILE COURT COUNTS FY16 | 9 Table 1.9. Top Ten Referral Categories, FY16 OFFENSE CATEGORY Probation Violation Shoplifting Value less than $1,000 Runaway Simple Assault Disorderly Conduct Truancy Possession of Marijuana Possession of Drug Paraphernalia Ordinance Violation Alcohol Possession COUNT 3,208 2,883 2,470 2,250 2,122 1,842 1,682 1,538 845 636 PERCENT 16.47% 14.80% 12.68% 11.55% 10.90% 9.46% 8.64% 7.90% 4.34% 3.27% TOTAL TOP TEN REFERRALS 19,476 56.09% TOTAL OF ALL REFERRALS 34,721 100.00% Referrals, Five Year Trend 60,000 50,251 50,000 43,827 39,578 40,000 37,411 33,617 29,510 30,000 26,991 25,467 34,721 23,207 20,000 10,000 0 FY12 FY13 Juveniles FY14 FY15 Referrals FY16 10 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 1.10. Juveniles Referred by County and Gender, FY16 COUNTY Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma MALE COUNT PERCENT 63 55.26% 357 64.44% 370 64.35% 233 62.80% 148 66.37% 44 67.69% 56 62.22% 7,561 66.91% 579 62.26% 252 68.11% 2,902 65.72% 1,130 67.58% 222 73.03% 555 60.66% 806 61.62% STATEWIDE TOTALS 15,278 FEMALE COUNT PERCENT 51 44.74% 197 35.56% 205 35.65% 138 37.20% 75 33.63% 21 32.31% 34 37.78% 3,739 33.09% 351 37.74% 118 31.89% 1,514 34.28% 542 32.42% 82 26.97% 360 39.34% 502 38.38% 65.83% 7,929 Tables 1.10 through 1.12 provide statistics on gender, age and race by county. Males account for the majority of referrals in all fifteen counties; however, Apache had the smallest proportion of males (55.26%) and Santa Cruz had the greatest proportion (73.03%). In each county, the number of juveniles referred increased with age and, with exception to six counties (Cochise, Coconino, La Paz, Pima, Santa Cruz, and Yuma), the majority of juveniles were White. 34.17% Table 1.11. Juveniles Referred by County and Age, FY16 8 9 10 11 12 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 0 4 2 1 7 0 2 8 1 0 17 6 3 2 37 0 9 2 3 9 1 0 38 9 1 38 8 7 7 42 1 7 3 2 3 0 3 71 19 3 62 12 3 10 33 3 17 12 11 11 0 4 158 18 8 125 28 10 21 49 4 29 23 23 13 4 6 364 32 15 257 57 17 39 82 8 11 22 33 31 49 72 100 132 135 44 97 117 114 157 40 45 56 84 100 7 32 41 50 50 4 12 6 21 16 8 12 12 14 24 814 1,491 2,217 2,705 3,371 91 121 157 224 251 29 45 67 88 112 426 572 763 975 1,139 135 180 291 397 528 25 25 37 78 93 74 112 187 188 270 122 172 266 234 228 1 0 4 6 0 1 5 63 7 2 42 30 6 5 43 114 554 575 371 223 65 90 11,300 930 370 4,416 1,672 304 915 1,308 % OF TOTAL 0.49% 2.39% 2.48% 1.60% 0.96% 0.28% 0.39% 48.69% 4.01% 1.59% 19.03% 7.20% 1.31% 3.94% 5.64% TOTAL 90 174 232 475 965 1,876 2,999 4,339 5,337 6,505 215 23,207 100.00% COUNTY 13 14 15 16 17 UNKNOWN TOTAL ARIZONA’S JUVENILE COURT COUNTS FY16 | 11 Table 1.12. Juveniles Referred by County and Race, FY16 AFRICAN NATIVE COUNTY HISPANIC WHITE AMERICAN AMERICAN Apache 19 4 69 18 Cochise 247 35 241 23 Coconino 113 20 199 240 Gila 92 5 215 43 Graham 48 4 137 18 Greenlee 22 1 41 1 La Paz 44 2 24 1 Maricopa 3,454 1,743 5,322 424 Mohave 83 35 775 26 Navajo 42 9 169 137 Pima 2,249 448 1,314 234 Pinal 464 246 810 98 Santa Cruz 285 1 17 0 Yavapai 159 27 680 39 Yuma 983 34 227 42 TOTAL 8,304 2,614 10,240 1,344 ASIAN/PI OTHER UNKNOWN TOTAL 2 3 2 1 0 0 0 93 3 4 26 12 0 1 4 0 0 0 1 0 0 0 36 0 0 0 0 0 2 0 2 5 1 14 16 0 19 228 8 9 145 42 1 7 18 114 554 575 371 223 65 90 11,300 930 370 4,416 1,672 304 915 1,308 % OF TOTAL 0.49% 2.39% 2.48% 1.60% 0.96% 0.28% 0.39% 48.69% 4.01% 1.59% 19.03% 7.20% 1.31% 3.94% 5.64% 151 39 515 23,207 100.0% This page intentionally left blank. ARIZONA’S JUVENILE COURT COUNTS FY16 | 13 DETENTION Statistics provided in this section are on individual youth (unduplicated). For youth who were detained more than once during the fiscal year, information from the first instance is reported. Some juveniles are arrested by law enforcement at the scene of the crime, or shortly thereafter, and taken to a detention facility. Juvenile detention is the temporary confinement of a juvenile in a physically restrictive facility surrounded by a locked and secure barrier with restricted ingress and egress. In Arizona, a juvenile may only be detained if the criteria outlined in Rule 23D are met. Rule 23D states a juvenile may only be detained if there is probable cause to believe the juvenile committed the alleged acts, and: 1. The juvenile would not be present at any hearing; or 2. The juvenile is likely to commit an offense injurious to himself or others; or 3. The juvenile must be held for another jurisdiction; 4. The interests of the juvenile or the public require custodial protection; or 5. The juvenile must be held if the county attorney is filing criminal prosecution against the juvenile in adult court, pursuant to A.R.S. §13-501. Juveniles may also be held in detention as a consequence or condition of probation. Juvenile detention provides a range of services to support the juvenile's physical, emotional, educational, and social development. Supportive services, at a minimum, include education, recreation, nutrition, medical and health services, visitation, communication, and continuous supervision. Juvenile detention also provides for clinical observation and assessment. Juvenile detention centers must be separate from the adult jail, which is a responsibility vested with the counties. Twelve of Arizona’s counties maintain juvenile detention facilities. Juveniles from the remaining three counties (Apache, Greenlee and La Paz) are transported to other jurisdictions (Navajo, Graham and Yuma respectively) when secure custody is needed. For counties using JOLTS, these juveniles appear in the originating county’s data as well as in the data of the county detained. For counties using JOLTSaz, the youth only appear in the county detained. Additionally, some counties have entered into contracts and/or agreements with federal agencies, tribal courts, or other state agencies to house juveniles. In FY16, 4,161 juveniles were detained. Roughly, 2,273 (55%) of these juveniles were detained as a result of a referral. The others were detained for court holds, warrants, probation consequences, or for another jurisdiction. Juveniles who were detained by a physical referral (arrest) represent 20% of the juveniles referred. Table 2.1. Juveniles Detained by County, FY16 COUNTY Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL COUNT 0 70 225 40 85 16 10 1,985 179 152 446 255 102 289 307 PERCENT 0.00% 1.68% 5.41% 0.96% 2.04% 0.38% 0.24% 47.70% 4.30% 3.65% 10.72% 6.13% 2.45% 6.95% 7.38% 4,161 100.00% Table 2.2. Juveniles Detained by Gender, FY16 Male Female 3,246 915 78.01% 21.99% TOTAL 4,161 100.00% 14 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 2.3. Juveniles Detained by Age, FY16 AGE 8 9 10 11 12 13 14 15 16 17 Unknown TOTAL COUNT 0 2 13 25 52 159 438 772 1,091 1,593 16 PERCENT 0.00% 0.05% 0.31% 0.60% 1.25% 3.82% 10.53% 18.55% 26.22% 38.28% 0.38% 4,161 100.00% Table 2.4. Juveniles Detained by Race, FY16 RACE Hispanic African American White Native American Asian/Pacific Islander Other Unknown TOTAL COUNT 1,688 598 1,444 386 PERCENT 40.57% 14.37% 34.70% 9.28% 17 6 22 0.41% 0.14% 0.53% 4,161 100.00% Table 2.6. Juveniles Detained for a Referral by Number of Prior Referrals, FY16 PRIOR REFERRALS COUNT PERCENT 0 487 21.44% 1 266 11.71% 2 233 10.26% 3 193 8.50% 4 174 7.66% 5 163 7.18% 6 120 5.28% 7 105 4.62% 8 or more 530 23.34% TOTAL TOTAL 4,161 100.00% 100.00% Table 2.7. Juveniles Detained for a Referral by Severity of Most Serious Offense, FY16 OFFENSE COUNT PERCENT Felonies Against Persons 619 27.26% Felonies Against Property 353 15.54% Obstruction of Justice, Felony & Misdemeanor 599 26.38% Misdemeanors Against Persons 121 5.33% Drugs, Felony & Misdemeanor 252 11.10% Public Peace, Felony & Misdemeanor 188 8.28% Misdemeanors Against Property 64 2.82% Status Offense 31 1.37% Administrative 44 1.94% TOTAL Table 2.5. Juveniles Detained by Education Status, FY16 STATUS COUNT PERCENT Enrolled 1,269 30.50% Not Enrolled 262 6.30% Expelled 14 0.34% Suspended 29 0.70% Withdrawn 36 0.87% Graduated 13 0.31% GED Program 4 0.10% Unknown 2,534 60.90% 2,271 2,271 100.00% Table 2.8. Juveniles Detained for a Referral by Offense Class, FY16 OFFENSE CLASS COUNT PERCENT Felony 1,394 61.38% Misdemeanor 411 18.10% Violations of Probation & Ordinances 412 18.14% Status 30 1.32% Other 24 1.06% TOTAL 2,271 100.00% ARIZONA’S JUVENILE COURT COUNTS FY16 | 15 Table 2.9. Juveniles Detained by County and Gender, FY16 MALE COUNT PERCENT 0 0.00% 55 79% 161 72% 33 83% 66 78% 9 56% 9 90% 1,612 81% 121 68% 110 72% 356 80% 214 84% 76 75% 200 69% 224 73% COUNTY Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma STATEWIDE TOTALS 3,246 FEMALE COUNT PERCENT 0 0.00% 15 21% 64 28% 7 18% 19 22% 7 44% 1 10% 373 19% 58 32% 42 28% 90 20% 41 16% 26 25% 89 31% 83 27% 78.01% 915 In Tables 2.9 through 2.11, county breakdowns by gender, age, and race are presented. In each county, the majority of detained juveniles were males in their late teens. The most frequent racial category varied by county. For most counties, the greatest number of detained youth were White. 21.99% Table 2.10. Juveniles Detained by County and Age, FY16 COUNTY 8 9 10 11 12 13 14 15 16 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 1 0 0 0 0 2 0 0 6 1 2 0 0 0 2 0 0 0 3 2 3 0 0 8 1 2 0 2 0 4 0 0 0 3 1 5 0 0 15 3 1 12 2 1 3 6 0 0 10 6 4 0 0 69 9 3 16 8 2 13 19 0 6 33 7 14 1 0 187 20 12 56 31 5 33 33 0 21 48 2 15 2 2 356 37 29 85 50 13 55 57 0 22 44 10 15 6 1 533 40 42 119 64 34 69 92 0 21 84 12 27 7 7 803 67 59 157 97 46 110 96 0 0 0 0 0 0 0 8 1 1 1 1 1 0 3 0 70 225 40 85 16 10 1,985 179 152 446 255 102 289 307 % OF TOTAL 0.00% 1.68% 5.41% 0.96% 2.04% 0.38% 0.24% 47.70% 4.30% 3.65% 10.72% 6.13% 2.45% 6.95% 7.38% TOTAL 0 2 13 25 52 159 438 772 1,091 1,593 16 4,161 100.00% 17 UNKNOWN TOTAL 16 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 2.11. Juveniles Detained by County and Race, FY16 AFRICAN NATIVE COUNTY HISPANIC WHITE AMERICAN AMERICAN Apache 0 0 0 0 Cochise 30 6 30 4 Coconino 36 12 77 100 Gila 12 1 24 3 Graham 21 1 51 9 Greenlee 8 0 8 0 La Paz 5 0 3 1 Maricopa 816 431 587 117 Mohave 22 8 136 11 Navajo 25 6 80 40 Pima 243 63 98 42 Pinal 101 41 88 24 Santa Cruz 98 1 3 0 Yavapai 55 16 198 17 Yuma 216 12 61 18 TOTAL 1,688 598 1,444 ASIAN/PI OTHER UNKNOWN TOTAL 0 0 0 0 0 0 0 14 2 0 0 1 0 0 0 0 0 0 0 0 0 0 5 0 0 0 0 0 1 0 0 0 0 1 2 1 3 0 10 0 2 3 0 0 0 0 70 225 41 84 17 12 1,970 189 151 448 258 102 287 307 % OF TOTAL 0.00% 1.68% 5.41% 0.96% 2.04% 0.38% 0.24% 47.70% 4.30% 3.65% 10.72% 6.13% 2.45% 6.95% 7.38% 17 6 22 4,161 100.00% 386 Juveniles Detained, Five Year Trend 9,000 8,000 7,641 6,610 7,000 5,952 6,000 5,211 5,000 4,161 4,000 3,000 2,000 1,000 0 FY12 FY13 FY14 FY15 FY16 ARIZONA’S JUVENILE COURT COUNTS FY16 | 17 DIVERSION Statistics provided in this section are for individual youth (unduplicated). For youth who were diverted more than once during the fiscal year, information from the first instance is reported. Diversion is an alternative available to some juvenile offenders to avoid prosecution. Through diversion, a juvenile is given the opportunity to admit to the allegations contained in the referral and receive a consequence in lieu of the formal court process. Consequences can include unpaid community service work, fines or restitution, or completion of educational, rehabilitative, or counseling programs. If the juvenile successfully completes diversion, his/her obligation to the state (and victim when applicable) is satisfied and a petition is not filed. The outcome cannot be used against the juvenile in any further proceedings and there is no adjudication of incorrigibility or delinquency. If the juvenile is non-compliant with diversion, the referral is sent back to the County Attorney who may then decide to file a petition. The County Attorney has sole discretion to divert prosecution and determine which offenses are eligible for diversion. The County Attorney or Juvenile Court may establish the community-based alternative programs used for diversion. A.R.S. §8321 provides the statutory authority and requirements for diversion and are briefly summarized in the Notes section.3 In FY16, there were 10,436 juveniles diverted in Arizona’s juvenile justice system. Over the last five years, the number of juveniles being diverted declined 34%, which coincides with the 31% decline in referrals. Of the juveniles diverted in FY16, 71% had no prior referrals and 58% had a misdemeanor as the most serious offense. As shown in Table 3.1, the majority of diverted juveniles originate from Maricopa County. In addition, most diverted juveniles are male, in their late teens, and White. The majority are also enrolled in school. Table 3.1. Juveniles Diverted by County, FY16 COUNTY Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma COUNT 25 82 244 186 45 14 14 5,354 351 90 2,361 684 53 460 473 PERCENT 0.24% 0.79% 2.34% 1.78% 0.43% 0.13% 0.13% 51.30% 3.36% 0.86% 22.62% 6.55% 0.51% 4.41% 4.53% TOTAL 10,436 100.00% Table 3.2. Juveniles Diverted by Gender, FY16 Male Female 6,312 4,124 60.48% 39.52% TOTAL 10,436 100.00% Table 3.3. Juveniles Diverted by Age, FY16 AGE 8 9 10 11 12 13 14 15 16 17 Unknown COUNT 47 87 123 290 582 1,156 1,704 2,218 2,262 1,960 7 PERCENT 0.45% 0.83% 1.18% 2.78% 5.58% 11.08% 16.33% 21.25% 21.67% 18.78% 0.07% TOTAL 10,436 100.00% 18 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 3.4. Juveniles Diverted by Race, FY16 RACE Hispanic African American White Native American Asian/Pacific Islander Other Unknown COUNT 3,806 1,077 4,695 529 PERCENT 36.47% 10.32% 44.99% 5.07% 78 22 229 0.75% 0.21% 2.19% TOTAL 10,436 100.00% Table 3.5. Juveniles Diverted by Education Status, FY16 STATUS COUNT PERCENT Enrolled 7,131 68.33% Not Enrolled 405 3.88% Expelled 18 0.17% Suspended 31 0.30% Withdrawn 28 0.27% Graduated 37 0.35% GED Program 3 0.03% Unknown 2,783 26.67% TOTAL 10,436 100.00% Table 3.6. Juveniles Diverted by Number of Prior Referrals, FY16 PRIOR REFERRALS COUNT PERCENT 0 7,388 70.79% 1 1,988 19.05% 2 635 6.08% 3 201 1.93% 4 85 0.81% 5 47 0.45% 6 23 0.22% 7 19 0.18% 8 or more 50 0.48% TOTAL 10,436 100.00% Table 3.7. Juveniles Diverted by Severity of Most Serious Offense, FY16 OFFENSE* COUNT PERCENT Felonies Against Persons 166 1.59% Felonies Against Property 282 2.70% Obstruction of Justice, Felony & Misdemeanor 194 1.86% Misdemeanors Against Persons 1,510 14.47% Drugs, Felony & Misdemeanor 1,840 17.63% Public Peace, Felony & Misdemeanor 2,065 19.79% Misdemeanors Against Property 2,581 24.73% Status Offense 1,765 16.91% Administrative 33 0.32% TOTAL 10,436 100.00% * Offense alleged at the time of the referral. Table 3.8. Juveniles Diverted by Offense Class, FY16 OFFENSE CLASS Felony Misdemeanor Violations of Probation & Ordinances Status Other COUNT 2,387 6,073 161 1,768 47 PERCENT 22.87% 58.19% 1.54% 16.94% 0.45% TOTAL 10,436 100.00% ARIZONA’S JUVENILE COURT COUNTS FY16 | 19 In Tables 3.9 through 3.11 county specific breakouts are presented. Greenlee had the smallest proportion of diverted male juveniles (50%), while Santa Cruz had the greatest proportion (79%). For all the counties, the majority of diverted juveniles were older teenagers. In most counties, White was the most frequent racial category. Table 3.9. Juveniles Diverted by County and Gender, FY16 MALE FEMALE COUNTY COUNT PERCENT COUNT PERCENT Apache 14 56.00% 11 44.00% Cochise 42 51.22% 40 48.78% Coconino 145 59.43% 99 40.57% Gila 105 56.45% 81 43.55% Graham 30 66.67% 15 33.33% Greenlee 7 50.00% 7 50.00% La Paz 8 57.14% 6 42.86% Maricopa 3,242 60.55% 2,112 39.45% Mohave 208 59.26% 143 40.74% Navajo 61 67.78% 29 32.22% Pima 1,460 61.84% 901 38.16% Pinal 429 62.72% 255 37.28% Santa Cruz 42 79.25% 11 20.75% Yavapai 250 54.35% 210 45.65% Yuma 269 56.87% 204 43.13% STATEWIDE TOTALS 6,312 60.48% 4,124 39.52% Table 3.10. Juveniles Diverted by County and Age, FY16 8 9 10 11 12 13 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 0 1 0 1 1 0 0 3 2 0 9 3 0 2 25 0 1 1 3 0 0 0 21 4 0 18 3 1 3 32 0 1 1 4 0 0 0 35 13 1 30 8 0 2 28 0 3 7 2 3 0 0 100 12 3 91 17 3 15 34 1 0 11 15 2 1 1 251 19 9 160 39 4 22 47 1 10 24 22 3 1 0 544 43 13 287 91 9 49 59 6 22 45 38 10 3 4 994 70 18 467 119 10 113 41 0 0 0 0 0 0 0 0 0 0 6 0 0 0 1 25 82 244 186 45 14 14 5,354 351 90 2,361 684 53 460 473 % OF TOTAL 0.24% 0.79% 2.34% 1.78% 0.43% 0.13% 0.13% 51.30% 3.36% 0.86% 22.62% 6.55% 0.51% 4.41% 4.53% TOTAL 47 87 123 290 582 1,156 1,704 2,218 2,262 1,960 7 10,436 100.00% COUNTY 14 15 16 1 7 9 9 17 18 40 63 52 21 37 43 7 4 15 3 0 6 5 3 1 951 1,240 1,215 50 62 76 12 17 17 333 440 520 105 146 153 8 11 7 73 92 89 86 79 41 17 UNKNOWN TOTAL 20 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 3.11. Juveniles Diverted by County and Race, FY16 AFRICAN NATIVE COUNTY HISPANIC WHITE AMERICAN AMERICAN Apache 5 0 19 1 Cochise 42 2 29 8 Coconino 57 5 84 96 Gila 43 1 109 26 Graham 7 1 34 1 Greenlee 1 1 12 0 La Paz 6 1 6 0 Maricopa 1,740 731 2,550 177 Mohave 31 16 292 8 Navajo 7 1 32 46 Pima 1,181 202 763 99 Pinal 188 102 326 45 Santa Cruz 47 0 5 0 Yavapai 79 9 358 12 Yuma 372 5 76 10 TOTAL 3,806 1,077 4,695 ASIAN/PI OTHER UNKNOWN TOTAL % OF TOTAL 0 0 2 1 0 0 0 43 2 2 19 8 0 0 1 0 0 0 0 0 0 0 22 0 0 0 0 0 0 0 0 1 0 6 2 0 1 91 2 2 97 15 1 2 9 25 82 244 186 45 14 14 5,354 351 90 2,361 684 53 460 473 0.24% 0.79% 2.34% 1.78% 0.43% 0.13% 0.13% 51.30% 3.36% 0.86% 22.62% 6.55% 0.51% 4.41% 4.53% 78 22 229 10,436 100.00% 529 Diversion, Five Year Trend 20,000 18,000 17,407 14,751 16,000 14,000 13,436 15,737 12,950 11,519 12,000 13,418 10,000 12,286 11,793 10,436 8,000 6,000 4,000 2,000 0 FY12 FY13 Juveniles FY14 FY15 Referrals FY16 FY 2016 Court Processing PETITIONS DISMISSALS PENALTY ONLY STANDARD PROBATION INTENSIVE PROBATION (JIPS) ARIZONA’S JUVENILE COURT COUNTS FY16 | 21 PETITIONS Statistics provided in this section are for individual youth (unduplicated). For youth who had more than one petition filed during the fiscal year, information from the first petition is reported. Arizona’s Juvenile Court Counts reports petition data on delinquent and incorrigible youth only. Information on dependent youth can be found in the Administrative Office of the Courts, Dependent Children’s Services Division’s Annual Reports. Only the County Attorney has the authority to send a juvenile case to court by filing a petition. A petition initiates the formal court hearing process by requiring the juvenile and his/her parent/guardian to attend formal hearings before the court to answer the allegations located in the petition. The County Attorney determines which allegations to include in the petition based on the evidence and elements of the alleged act. Petitions counted in this section are for delinquent and incorrigible youth. A youth under the age of eighteen commits a delinquent act if that same act committed by an adult would be a criminal offense. An incorrigible youth commits an offense that would not be considered a crime if he or she were an adult and are often referred to as status offenses. Typically, incorrigible youth are juveniles who are habitually truant from school, have ran away from home, or violated curfew. In addition, juveniles who refuse to obey the reasonable and proper direction of their parents or guardians can be considered incorrigible. If a juvenile is taken to detention and held, the filing of a petition must occur within 24 hours of admission to the detention facility (Rule 24B in the Arizona Rules of the Court). When the juvenile is not detained, the petition must be filed within 45 days of receipt of the referral unless time is waived an additional 30 days for further investigation. There were 7,883 juveniles with a petition filed during FY16. The relative rate of juveniles petitioned has been stable, staying around 34% of the juveniles referred. The average age of juveniles receiving a petition is just over 15 years old and roughly 76% of juveniles petitioned are between 15 and 17 years of age. Table 4.1. Juveniles Petitioned by County, FY16 COUNTY Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL COUNT 95 156 223 170 160 33 32 3,467 311 203 1,193 680 129 491 540 PERCENT 1.21% 1.98% 2.83% 2.16% 2.03% 0.42% 0.41% 43.98% 3.95% 2.58% 15.13% 8.63% 1.64% 6.23% 6.85% 7,883 100.00% Table 4.2. Juveniles Petitioned by Gender, FY16 Male Female 5,839 2,044 74.07% 25.93% TOTAL 7,883 100.00% Table 4.3. Juveniles Petitioned by Age, FY16 AGE 8 9 10 11 12 13 14 15 16 17 Unknown TOTAL COUNT 3 21 45 105 259 525 949 1,614 2,019 2,338 5 7,883 PERCENT 0.04% 0.27% 0.57% 1.33% 3.29% 6.66% 12.04% 20.47% 25.61% 29.66% 0.06% 100.00% 22 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 4.4. Juveniles Petitioned by Race, FY16 RACE Hispanic African American White Native American Asian/Pacific Islander Other Unknown TOTAL COUNT 2,968 1,125 3,053 608 39 11 79 PERCENT 37.65% 14.27% 38.73% 7.71% 0.49% 0.14% 1.00% 7,883 100.00% Table 4.5. Juveniles Petitioned by Education Status, FY16 STATUS COUNT PERCENT Enrolled 4,326 54.88% Not Enrolled 805 10.21% Expelled 47 0.60% Suspended 65 0.82% Withdrawn 133 1.69% Graduated 57 0.72% GED Program 7 0.09% Unknown 2,443 30.99% TOTAL 7,883 100.00% Table 4.6. Juveniles Petitioned by Number of Prior Referrals, FY16 PRIOR REFERRALS COUNT PERCENT 0 2,306 29.25% 1 1,321 16.76% 2 1,015 12.88% 3 695 8.82% 4 528 6.70% 5 429 5.44% 6 300 3.81% 7 235 2.98% 8 or more 1,054 13.37% TOTAL 7,883 100.00% Table 4.7. Juveniles Petitioned by Severity of Most Serious Offense, FY16 COUNT PERCENT OFFENSE Felonies Against Persons 943 11.96% Felonies Against Property 1,115 14.14% Obstruction of Justice, Felony & Misdemeanor 1,924 24.41% Misdemeanors Against Persons 817 10.36% Drugs, Felony & Misdemeanor 1,213 15.39% Public Peace, Felony & Misdemeanor 916 11.62% Misdemeanors Against Property 768 9.74% Status Offense 169 2.14% Administrative 18 0.23% TOTAL 7,883 100.00% Table 4.8. Juveniles Petitioned by Offense Class, FY16 COUNT PERCENT OFFENSE CLASS Felony 3,688 46.78% Misdemeanor 2,986 37.88% Violations of Probation & Ordinances 703 8.92% Status 220 2.79% Other 286 3.63% TOTAL 7,883 100.00% ARIZONA’S JUVENILE COURT COUNTS FY16 | 23 Table 4.9. Juveniles Petitioned by County and Gender, FY16 MALE COUNT PERCENT 53 55.79% 118 75.64% 150 67.26% 117 68.82% 114 71.25% 24 72.73% 21 65.63% 2,696 77.76% 205 65.92% 144 70.94% 925 77.54% 495 72.79% 102 79.07% 332 67.62% 343 63.52% COUNTY Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma STATEWIDE TOTALS 5,839 FEMALE COUNT PERCENT 42 44.21% 38 24.36% 73 32.74% 53 31.18% 46 28.75% 9 27.27% 11 34.38% 771 22.24% 106 34.08% 59 29.06% 268 22.46% 185 27.21% 27 20.93% 159 32.38% 197 36.48% 74.07% 2,044 In Tables 4.9 through 4.11, gender, age, and race are presented by county. In all of the counties, the majority of juveniles with a petition filed were males in their late teens. In most counties, White was the most frequent racial category. 25.93% Table 4.10. Juveniles Petitioned by County and Age, FY16 COUNTY 8 9 10 11 12 13 14 15 16 17 UNKNOWN TOTAL Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 0 0 0 0 0 0 1 0 0 0 1 1 0 0 0 0 2 0 1 1 0 0 2 1 0 7 3 0 3 1 1 3 0 1 2 0 0 12 5 1 9 6 0 4 1 4 5 1 7 7 0 0 31 7 2 19 10 0 8 4 2 6 5 14 11 1 5 84 11 2 52 29 4 28 5 8 12 12 26 5 2 4 199 31 11 87 53 7 34 34 10 24 27 24 23 7 3 371 51 25 152 92 9 65 66 16 41 64 24 33 3 8 665 51 39 241 145 17 112 155 28 34 50 32 36 10 6 912 70 70 301 176 48 102 144 26 29 64 41 42 10 5 1,189 83 53 324 165 43 135 129 0 0 0 0 0 0 0 2 1 0 0 0 1 0 1 95 156 223 170 160 33 32 3,467 311 203 1,193 680 129 491 540 % OF TOTAL 1.21% 1.98% 2.83% 2.16% 2.03% 0.42% 0.41% 43.98% 3.95% 2.58% 15.13% 8.63% 1.64% 6.23% 6.85% TOTAL 3 21 45 105 259 525 949 1,614 2,019 2,338 5 7,883 100.00% 24 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 4.11. Juveniles Petitioned by County and Race, FY16 COUNTY Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL 17 65 32 50 39 13 15 1,236 32 29 635 205 124 89 387 AFRICAN AMERICAN 4 19 7 3 3 0 0 740 12 5 155 137 0 20 20 2,968 1,125 HISPANIC 57 66 75 87 96 19 5 1,263 254 97 303 280 4 348 99 NATIVE AMERICAN 14 6 108 24 15 1 0 165 11 67 88 50 0 31 28 3,053 608 WHITE ASIAN/PI OTHER UNKNOWN TOTAL 1 0 0 0 0 0 0 29 2 0 2 2 0 0 3 0 0 0 1 0 0 0 9 0 0 0 0 0 1 0 2 0 1 5 7 0 12 25 0 5 10 6 1 2 3 95 156 223 170 160 33 32 3,467 311 203 1,193 680 129 491 540 % OF TOTAL 1.21% 1.98% 2.83% 2.16% 2.03% 0.42% 0.41% 43.98% 3.95% 2.58% 15.13% 8.63% 1.64% 6.23% 6.85% 39 11 79 7,883 100.00% Petitions, Five Year Trend 25,000 19,602 20,000 17,085 15,193 15,076 9,032 8,954 FY14 FY15 15,000 11,249 9,850 10,000 13,849 7,883 5,000 0 FY12 FY13 Juveniles Petitions FY16 ARIZONA’S JUVENILE COURT COUNTS FY16 | 25 DISMISSALS Statistics provided in this section are for individual youth (unduplicated). For youth who had more than one dismissal during the fiscal year, information from the first instance is reported. Petitions or charges within a petition can be dismissed by a judge. A dismissal means further consideration or hearings regarding the petition or charge are terminated and no further formal action is taken. Dismissals can be either with prejudice (cannot be refiled) or without prejudice (can be refiled). Dismissal of a petition can occur during the advisory or adjudication stages. It is possible for a petition to be dismissed due to a lack of evidence during either of these hearings. Similarly, a juvenile could have more than one charge/count pending. In this situation, the juvenile's attorney could initiate a process with the County Attorney resulting in dismissal of one charge while receiving a disposition (i.e., penalty only, probation, JIPS, or commitment to ADJC) on another charge. Dismissals can also take place as an agreement in court to extend unfulfilled diversion conditions. Upon completion of the conditions, the dismissal stops any further prosecution. Cases can also be dismissed when transferred to another jurisdiction prior to adjudication or by the County Attorney filing a motion to dismiss due to a victims request, lack of cooperation or availability of witnesses, or unreasonable likelihood of adjudication. In juvenile cases, when a petition is not adjudicated prior to the juvenile’s eighteenth birthday, a dismissal is processed after the eighteenth birthday and a determination is made as to what further action, if any, is to be taken in the case. Only juveniles with a dismissed petition are included in this section. In FY16, roughly 31.3% of petitions filed had a disposition of dismissed, which equates to 12.5% of all referrals. Table 5.1. Juveniles with Dismissals by County, FY16 COUNTY COUNT PERCENT Apache 43 1.26% Cochise 16 0.47% Coconino 121 3.54% Gila 71 2.08% Graham 38 1.11% Greenlee 18 0.53% La Paz 9 0.26% Maricopa 1,564 45.81% Mohave 127 3.72% Navajo 136 3.98% Pima 578 16.93% Pinal 251 7.35% Santa Cruz 53 1.55% Yavapai 190 5.57% Yuma 199 5.83% TOTAL 3,414 100.00% Table 5.2. Juveniles with Dismissals by Gender, FY16 Male 2,425 71.03% Female 989 28.97% TOTAL 3,414 100.00% Table 5.3. Juveniles with Dismissals by Age, FY16 AGE 8 9 10 11 12 13 14 15 16 17 Unknown TOTAL COUNT 3 10 23 53 95 217 349 611 801 1,062 190 3,414 PERCENT 0.09% 0.29% 0.67% 1.55% 2.78% 6.36% 10.22% 17.90% 23.46% 31.11% 5.57% 100.00% 26 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 5.4. Juveniles with Dismissals by Race, FY16 RACE COUNT PERCENT Hispanic 1,165 34.12% African American 498 14.59% White 1,560 40.87% Native American 274 8.03% Asian/Pacific Islander 19 0.56% Other 6 0.18% Unknown 44 1.29% TOTAL 3,414 100.00% Table 5.5. Juveniles with Dismissals by Education Status, FY16 STATUS COUNT PERCENT Enrolled 1,855 54.34% Not Enrolled 278 8.14% Expelled 17 0.50% Suspended 30 0.88% Withdrawn 39 1.14% Graduated 20 0.59% GED Program 2 0.06% Unknown 1,173 34.36% TOTAL 3,414 100.00% Table 5.6. Juveniles with Dismissals by Number of Prior Referrals, FY16 PRIOR REFERRALS COUNT PERCENT 0 1,191 34.89% 1 577 16.90% 2 728 12.54% 3 279 8.17% 4 186 5.42% 5 155 4.54% 6 101 2.96% 7 97 2.84% 8 or more 401 11.75% TOTAL 3,414 100.00% Table 5.7. Juveniles with Dismissals by Severity of Most Serious Offense, FY16 COUNT PERCENT OFFENSE Felonies Against Persons 209 6.12% Felonies Against Property 262 7.67% Obstruction of Justice, Felony & Misdemeanor 517 15.14% Misdemeanors Against Persons 416 12.19% Drugs, Felony & Misdemeanor 432 12.65% Public Peace, Felony & Misdemeanor 826 24.19% Misdemeanors Against Property 459 13.44% Status Offense 248 7.26% Administrative 45 1.32% TOTAL 3,414 100.00% Table 5.8. Juveniles with Dismissals by Offense Class, FY16 OFFENSE CLASS COUNT PERCENT Felony 980 28.71% Misdemeanor 1,710 50.09% Violations of Probation & Ordinances 361 10.57% Status 260 7.62% Other 103 3.02% TOTAL 3,414 100.00% ARIZONA’S JUVENILE COURT COUNTS FY16 | 27 Table 5.9. Juveniles with Dismissals by County and Gender, FY16 MALE FEMALE COUNTY COUNT PERCENT COUNT PERCENT Apache 18 41.86% 25 58.14% Cochise 15 93.75% 1 6.25% Coconino 76 62.81% 45 37.19% Gila 47 66.20% 24 33.80% Graham 30 78.95% 8 21.05% Greenlee 12 66.67% 6 33.33% La Paz 8 88.89% 1 11.11% Maricopa 1,148 73.40% 416 26.60% Mohave 83 65.35% 44 34.65% Navajo 93 68.38% 43 31.62% Pima 424 73.36% 154 26.64% Pinal 186 74.10% 65 25.90% Santa Cruz 44 83.02% 9 16.98% Yavapai 117 61.58% 73 38.42% Yuma 124 62.31% 75 37.69% STATEWIDE TOTALS 2,425 71.03% 989 In Tables 5.9 through 5.11, county specific breakdowns by gender, age, and race are presented. Across all of the counties, the majority of juveniles with dismissals were males in their late teens. White was the most frequent racial category; however, Hispanic and Native American were the leading category in some counties. 28.97% Table 5.10. Juveniles with Dismissals by County and Age, FY16 COUNTY 8 9 10 11 12 13 14 15 16 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 0 0 0 0 0 0 0 0 0 0 0 1 0 0 2 0 2 0 0 1 0 0 0 2 0 3 1 0 0 1 1 2 0 0 0 0 0 2 2 2 5 5 0 3 1 2 0 1 1 3 0 0 11 4 1 15 3 0 7 5 2 0 5 4 4 1 0 32 3 3 18 8 1 9 5 0 1 5 13 1 2 2 91 10 2 40 12 5 16 17 2 1 20 13 5 3 2 122 11 12 78 23 3 22 32 7 5 30 7 8 1 1 277 20 23 95 48 4 41 44 14 4 25 13 4 7 0 394 22 36 142 45 15 34 46 14 1 31 18 10 4 4 578 41 37 145 76 16 51 36 1 0 4 2 2 0 0 57 12 20 37 29 9 7 10 43 16 121 71 38 18 9 1,564 127 136 578 251 53 190 199 % OF TOTAL 1.26% 0.47% 3.54% 2.08% 1.11% 0.53% 0.26% 45.81% 3.72% 3.98% 16.93% 7.35% 1.55% 5.57% 5.83% TOTAL 3 10 23 53 95 217 349 611 801 1,062 190 3,414 100.00% 17 UNKNOWN TOTAL 28 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 5.11. Juveniles with Dismissals by County and Race, FY16 AFRICAN NATIVE WHITE COUNTY HISPANIC ASIAN/PI AMERICAN AMERICAN Apache 15 4 22 2 0 Cochise 6 1 133 0 0 Coconino 12 7 33 68 0 Gila 19 2 42 7 0 Graham 12 1 18 5 1 Greenlee 7 0 11 0 0 La Paz 3 0 3 0 0 Maricopa 491 310 674 49 13 Mohave 11 10 101 4 1 Navajo 15 6 60 51 0 Pima 293 86 150 44 1 Pinal 79 50 99 21 1 Santa Cruz 49 0 3 0 0 Yavapai 29 13 134 12 0 Yuma 124 8 52 11 2 TOTAL 1,165 498 1,408 274 OTHER UNKNOWN TOTAL 0 0 0 0 0 0 0 5 0 0 0 0 0 1 0 0 0 1 1 1 0 5 22 0 4 4 1 2 1 2 43 16 121 71 38 18 9 1,564 127 136 578 251 53 190 199 % OF TOTAL 1.26% 0.47% 3.54% 2.08% 1.11% 0.53% 0.26% 45.81% 3.72% 3.98% 16.93% 7.35% 1.55% 5.57% 5.83% 6 44 3,414 100.00% 19 Dismissals, Five Year Trend 8,000 7,000 6,688 5,713 6,000 5,000 4,948 5,386 4,000 4,659 4,334 4,595 3,979 3,000 3,774 3,414 2,000 1,000 0 FY12 FY13 Juveniles FY14 FY15 Dismissals FY16 ARIZONA’S JUVENILE COURT COUNTS FY16 | 29 PENALTY ONLY Statistics provided in this section are for individual youth (unduplicated). For youth who received a penalty only disposition more than once during the fiscal year, information from the first instance is reported. Adjudicated juveniles may receive a disposition of penalty only. Penalties may include, but are not limited to, fines, community restitution, and/or participation in various treatment programs. Juveniles with dispositions of penalty only are not assigned to a diversion program nor are they placed on Standard Probation, JIPS, or committed to ADJC. Over the past five years, the number of penalty only dispositions has fluctuated. FY16 had the greatest number of dispositions to penalty only over that timeframe, 435 juveniles. Table 6.1 shows the distribution of youth across counties in Arizona. Pima County had the greatest number of penalty only dispositions. The majority of juveniles receiving a penalty only disposition were male, in their late teens, and White. Table 6.1. Juveniles Disposed to Penalty Only by County, FY16 COUNTY COUNT PERCENT Apache 0 0.00% Cochise 24 5.52% Coconino 1 0.23% Gila 0 0.00% Graham 5 1.15% Greenlee 0 0.00% La Paz 0 0.00% Maricopa 152 34.94% Mohave 0 0.00% Navajo 3 0.69% Pima 195 44.83% Pinal 31 7.13% Santa Cruz 1 0.23% Yavapai 0 0.00% Yuma 23 5.29% TOTAL 435 100.00% Table 6.2. Juveniles Disposed to Penalty Only by Gender, FY16 Male 333 76.55% Female 102 23.45% TOTAL 435 100.00% Table 6.3. Juveniles Disposed to Penalty Only by Age, FY16 AGE COUNT PERCENT 8 0 0.00% 9 0 0.00% 10 0 0.00% 11 1 0.23% 12 5 1.15% 13 10 2.30% 14 37 8.51% 15 55 12.64% 16 78 17.93% 17 230 52.87% Unknown 19 4.37% TOTAL 435 100.00% 30 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 6.4. Juveniles Disposed to Penalty Only by Race, FY16 RACE COUNT PERCENT Hispanic 196 45.06% African American 77 17.70% White 128 29.43% Native American 29 6.67% Asian/Pacific Islander 5 1.15% Other 0 0.00% Unknown 0 0.00% TOTAL 435 100.00% Table 6.5. Juveniles Disposed to Penalty Only by Education Status, FY16 STATUS COUNT PERCENT Enrolled 230 52.87% Not Enrolled 39 8.97% Expelled 1 0.23% Suspended 3 0.69% Withdrawn 7 1.61% Graduated 2 0.46% GED Program 1 0.23% Unknown 152 34.94% TOTAL 435 100.00% Table 6.6. Juveniles Disposed to Penalty Only by Number of Prior Referrals, FY16 PRIOR REFERRALS COUNT PERCENT 0 88 20.23% 1 59 13.56% 2 63 14.48% 3 54 12.41% 4 36 8.28% 5 18 4.14% 6 15 3.45% 7 16 3.68% 8 or more 86 19.77% TOTAL 435 100.00% Table 6.7. Juveniles Disposed to Penalty Only by Severity of Most Serious Offense, FY16 OFFENSE COUNT PERCENT Felonies Against Persons 38 8.74% Felonies Against Property 25 5.75% Obstruction of Justice, Felony & Misdemeanor 101 23.22% Misdemeanors Against Persons 46 10.57% Drugs, Felony & Misdemeanor 79 18.16% Public Peace, Felony & Misdemeanor 79 18.16% Misdemeanors Against Property 65 14.94% Status Offense 0 0.00% Administrative 2 0.46% TOTAL 435 100.00% Table 6.8. Juveniles Disposed to Penalty Only by Offense Class, FY16 OFFENSE CLASS COUNT PERCENT Felony 159 36.55% Misdemeanor 187 42.88% Violations of Probation & Ordinances 87 20.00% Status 0 0.00% Other 2 0.46% TOTAL 435 100.00% ARIZONA’S JUVENILE COURT COUNTS FY16 | 31 Table 6.9. Juveniles Disposed to Penalty Only by County and Gender, FY16 MALE FEMALE COUNTY COUNT PERCENT COUNT PERCENT Apache 0 0.00% 0 0.00% Cochise 19 79.17% 5 20.83% Coconino 1 100.00% 0 0.00% Gila 0 0.00% 0 0.00% Graham 5 100.00% 0 0.00% Greenlee 0 0.00% 0 0.00% La Paz 0 0.00% 0 0.00% Maricopa 123 80.92% 29 19.08% Mohave 0 0.00% 0 0.00% Navajo 2 66.67% 1 33.33% Pima 146 74.87% 49 25.13% Pinal 22 70.97% 9 29.03% Santa Cruz 1 100.00% 0 0.00% Yavapai 0 0.00% 0 0.00% Yuma 14 60.87% 9 39.13% STATEWIDE TOTALS 333 76.55% 102 Tables 6.9 through 6.11 provide county breakdowns by gender, age, and race. Consistent across the counties, males in their late teens accounted for the majority of juveniles with a penalty only disposition. In most counties, White was the most common racial category. 23.45% Table 6.10. Juveniles Disposed to Penalty Only by County and Age, FY16 COUNTY 8 9 10 11 12 13 14 15 16 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 0 0 1 0 0 2 0 0 0 1 0 1 0 0 0 0 0 0 0 0 7 2 0 0 0 0 1 0 0 1 0 0 8 0 1 21 4 0 0 1 0 4 0 0 1 0 0 11 0 0 32 2 0 0 5 0 7 0 0 0 0 0 19 0 1 38 8 1 0 4 0 11 0 0 2 0 0 100 0 1 90 14 0 0 12 0 0 1 0 0 0 0 13 0 0 4 1 0 0 0 0 24 1 0 5 0 0 152 0 3 195 31 1 0 23 % OF TOTAL 0.00% 5.52% 0.23% 0.00% 1.15% 0.00% 0.00% 34.94% 0.00% 0.69% 44.83% 7.13% 0.23% 0.00% 5.29% TOTAL 0 0 0 1 5 10 37 55 78 230 19 435 100.00% 17 UNKNOWN TOTAL 32 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 6.11. Juveniles Disposed to Penalty Only by County and Race, FY16 AFRICAN NATIVE COUNTY HISPANIC WHITE ASIAN/PI AMERICAN AMERICAN Apache 0 0 0 0 0 Cochise 11 2 7 4 0 Coconino 0 0 0 1 0 Gila 0 0 0 0 0 Graham 1 0 4 0 0 Greenlee 0 0 0 0 0 La Paz 0 0 0 0 0 Maricopa 52 36 51 8 5 Mohave 0 0 0 0 0 Navajo 0 0 2 1 0 Pima 106 27 52 10 0 Pinal 11 12 6 2 0 Santa Cruz 1 0 0 0 0 Yavapai 0 0 0 0 0 Yuma 14 0 6 3 0 TOTAL 196 77 128 29 OTHER UNKNOWN TOTAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 24 1 0 5 0 0 152 0 3 195 31 1 0 23 % OF TOTAL 0.00% 5.52% 0.23% 0.00% 1.15% 0.00% 0.00% 34.94% 0.00% 0.69% 44.83% 7.13% 0.23% 0.00% 5.29% 0 0 435 100.00% 5 Penalty Only, Five Year Trend 600 510 475 500 400 368 300 344 200 505 440 430 435 FY14 FY15 FY16 242 231 100 0 FY12 FY13 Juveniles Dispositions ARIZONA’S JUVENILE COURT COUNTS FY16 | 33 STANDARD PROBATION Statistics provided in this section are for individual youth (unduplicated). For youth who were placed on standard probation more than once during the fiscal year, information from the first instance is reported. After adjudication, a juvenile may receive a disposition to probation. Probation allows the juvenile to remain in the community contingent on compliance with court ordered conditions. The core tenets of juvenile probation are: protection of the community, the belief that youth can make positive changes in their behavior, fostering lawabiding behavior, 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. Each juvenile on probation receives a treatment plan addressing their individual risks and needs. However, standard conditions apply to all probation cases, which include such things as obey the law and rules set forth by parents, guardians, and probation officer, notify Probation of any change of residence, pay restitution, fines and fees, attend school or work, submit to search and seizure of person or property by an officer, drug test, abide by set curfews, do not associate with anyone violating the law, do not own or using a firearm or deadly weapon, and perform community service hours as ordered. Special conditions can also be ordered with cases that may involve gangs, mental health, or sex offenses. Throughout a probation term, the probation and/or surveillance officer monitors the juvenile's compliance and case plan progress. The probation officer works closely with the juvenile, family members, and members of the community such as teachers, victims, treatment providers and others involved in the life of the juvenile. If the youth does not comply with conditions and/or continues violating the law, the probation officer may issue administrative sanctions or refer the juvenile back to court. The court may then impose more strict liberty restrictions, including detention, placement on JIPS, or commitment to the ADJC. In FY16, 4,083 juveniles were given a disposition of standard probation. Table 7.1. Standard Probation by County, FY16 COUNTY Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL COUNT 40 80 112 81 115 28 10 2,156 151 138 426 293 76 202 175 PERCENT 0.98% 1.96% 2.74% 1.98% 2.82% 0.69% 0.24% 52.80% 3.70% 3.37% 10.43% 7.18% 1.86% 4.95% 4.29% 4,083 100.00% Table 7.2. Standard Probation by Gender, FY16 Male Female 3,094 989 75.78% 24.22% TOTAL 4,083 100.00% Table 7.3. Standard Probation by Age, FY16 AGE 8 9 10 11 12 13 14 15 16 17 Unknown TOTAL COUNT 0 0 5 30 79 204 471 787 1,075 1,426 6 4,083 PERCENT 0.00% 0.00% 0.12% 0.73% 1.93% 5.00% 11.54% 19.28% 26.33% 34.93% 0.15% 100.00% 34 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 7.4. Standard Probation by Race, FY16 RACE Hispanic African American White Native American Asian/Pacific Islander Other Unknown TOTAL COUNT 1,507 565 1,625 318 22 4 42 PERCENT 36.91% 13.84% 39.80% 7.79% 0.54% 0.10% 1.03% 4,083 100.00% Table 7.5. Standard Probation by Education Status, FY16 STATUS COUNT PERCENT Enrolled 2,087 51.11% Not Enrolled 430 10.53% Expelled 31 0.76% Suspended 37 0.91% Withdrawn 91 2.23% Graduated 41 1.00% GED Program 0 0.00% Unknown 1,366 33.46% TOTAL 4,083 100.00% Table 7.6. Standard Probation by Number of Prior Referrals, FY16 PRIOR REFERRALS COUNT PERCENT 0 1,104 27.04% 1 746 18.27% 2 612 14.99% 3 419 10.26% 4 341 8.35% 5 221 5.41% 6 175 4.29% 7 123 3.01% 8 or more 342 8.38% TOTAL 4,083 100.00% Table 7.7. Standard Probation by Severity of Most Serious Offense, FY16 OFFENSE COUNT PERCENT Felonies Against Persons 532 13.03% Felonies Against Property 758 18.56% Obstruction of Justice, Felony & Misdemeanor 873 21.38% Misdemeanors Against Persons 348 8.52% Drugs, Felony & Misdemeanor 706 17.29% Public Peace, Felony & Misdemeanor 472 11.56% Misdemeanors Against Property 300 7.35% Status Offense 18 0.44% Administrative 76 1.86% TOTAL 4,083 100.00% Table 7.8. Standard Probation by Offense Class, FY16 OFFENSE CLASS Felony Misdemeanor Violations of Probation & Ordinances Status Other TOTAL COUNT 2,225 1,261 505 16 76 PERCENT 54.49% 30.88% 12.37% 0.39% 1.86% 4,083 100.00% ARIZONA’S JUVENILE COURT COUNTS FY16 | 35 Table 7.9. Standard Probation by County and Gender, FY16 MALE FEMALE C OUNT P ERCENT C OUNT PERCENT COUNTY Apache 26 65.00% 14 35.00% Cochise 58 72.50% 22 27.50% Coconino 76 67.86% 36 32.14% Gila 57 70.37% 24 29.63% Graham 77 66.96% 38 33.04% Greenlee 20 71.43% 8 28.57% La Paz 8 80.00% 2 20.00% Maricopa 1,705 79.08% 451 20.92% Mohave 105 69.54% 46 30.46% Navajo 98 71.01% 40 28.99% Pima 323 75.82% 103 24.18% Pinal 231 78.84% 62 21.16% Santa Cruz 54 71.05% 22 28.95% Yavapai 135 66.83% 67 33.17% Yuma 121 69.14% 54 30.86% STATEWIDE TOTALS 3,094 75.78% 989 Tables 7.9 through 7.11 provide county breakdowns by gender, age, and race. In all of the counties, the majority of juveniles disposed to standard probation were males in their late teens. The most frequent racial category varied from county by White, Hispanic, and Native American. 24.22% Table 7.10. Standard Probation by County and Age, FY16 COUNTY 8 9 10 11 12 13 14 15 16 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 1 0 0 0 1 1 2 3 1 3 6 0 0 9 2 1 2 0 0 0 1 2 1 0 6 8 2 0 29 5 1 10 5 1 5 4 5 6 6 15 2 2 1 86 17 4 20 23 3 7 7 3 16 17 9 15 5 1 203 30 15 59 37 4 29 28 7 18 30 8 25 3 4 415 18 26 84 58 11 47 33 8 18 24 16 27 8 2 550 31 49 133 78 27 55 49 13 18 34 24 30 8 2 862 48 41 116 92 30 57 51 0 0 0 0 0 0 0 2 0 0 2 0 0 1 1 40 80 112 81 115 28 10 2,156 151 138 426 293 76 202 175 % OF TOTAL 0.98% 1.96% 2.74% 1.98% 2.82% 0.69% 0.24% 52.80% 3.70% 3.37% 10.43% 7.18% 1.86% 4.95% 4.29% TOTAL 0 0 5 30 79 204 471 787 1,075 1,426 6 4,083 100.00% 17 UNKNOWN TOTAL 36 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 7.11. Standard Probation by County and Race, FY16 AFRICAN NATIVE COUNTY HISPANIC WHITE AMERICAN AMERICAN Apache 8 2 23 6 Cochise 31 4 44 1 Coconino 13 6 31 62 Gila 22 3 43 10 Graham 24 2 72 12 Greenlee 11 0 17 0 La Paz 3 0 1 1 Maricopa 799 420 797 100 Mohave 15 6 122 7 Navajo 23 1 67 44 Pima 241 53 98 30 Pinal 81 57 131 22 Santa Cruz 74 0 1 1 Yavapai 44 4 140 13 Yuma 118 7 38 9 TOTAL 1,507 565 1,625 ASIAN/PI OTHER UNKNOWN TOTAL 0 0 0 1 0 0 0 16 1 1 0 1 0 0 2 0 0 0 1 0 0 0 3 0 0 0 0 0 0 0 1 0 0 1 5 0 5 21 0 2 4 1 0 1 1 40 80 112 81 115 28 10 2,156 151 138 426 293 76 202 175 % OF TOTAL 0.98% 1.96% 2.74% 1.98% 2.82% 0.69% 0.24% 52.80% 3.70% 3.37% 10.43% 7.18% 1.86% 4.95% 4.29% 22 4 42 4,083 100.00% 318 Standard Probation, Five Year Trend 12,000 10,000 9,594 8,276 8,000 6,000 6,829 6,895 5,773 6,695 5,837 4,000 4,929 4,964 4,083 2,000 0 FY12 FY13 Juveniles FY14 FY15 Dispositions FY16 ARIZONA’S JUVENILE COURT COUNTS FY16 | 37 INTENSIVE PROBATION (JIPS) Statistics provided in this section are for individual youth (unduplicated). For youth were placed on Juvenile Intensive Probation Supervision more than once during the fiscal year, information from the first instance is reported. For youth in need of a higher level of supervision and more structured programming, a judge can order a youth to Juvenile Intensive Probation Supervision (JIPS). The JIPS program was enacted into law in 1987 with the intention of providing an alternative to commitment to the Arizona Department of Juvenile Corrections (ADJC). JIPS is a less costly alternative to ADJC, yet provides a greater level of supervision than standard probation. JIPS differs from standard probation in the increased frequency of face-to-face contacts between the juvenile and the JIPS officer, requirement to actively participate in 32 hours of structured activities per week, liberty restrictions concerning unsupervised time out of the home, and random drug testing. JIPS probation and surveillance officers also have lower caseload ratios than standard due to the increased contact requirements. In FY16, the number of juveniles placed on JIPS was 1,005. The rate of juveniles petitioned who end up disposed to JIPS has remained stable at around 13% of the juveniles petitioned. Table 8.1. JIPS by County, FY16 COUNTY Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL COUNT 10 29 57 14 16 5 1 347 44 31 157 54 9 68 163 PERCENT 1.00% 2.89% 5.67% 1.39% 1.59% 0.50% 0.10% 34.53% 4.38% 3.08% 15.62% 5.37% 0.90% 6.77% 16.22% 1,005 100.00% Table 8.2. JIPS by Gender, FY16 Male Female 839 166 83.48% 16.52% TOTAL 1,005 100.00% Table 8.3. JIPS by Age, FY16 AGE 8 9 10 11 12 13 14 15 16 17 Unknown TOTAL COUNT 0 0 0 1 2 31 86 203 292 386 4 1,005 PERCENT 0.00% 0.00% 0.00% 0.10% 0.20% 3.08% 8.56% 20.20% 29.05% 38.41% 0.40% 100.00% 38 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 8.4. JIPS by Race, FY16 RACE Hispanic African American White Native American Asian/Pacific Islander Other Unknown TOTAL COUNT 467 123 327 81 4 1 2 PERCENT 46.47% 12.24% 32.54% 8.06% 0.40% 0.10% 0.20% 1,005 100.00% Table 8.5. JIPS by Education Status, FY16 STATUS COUNT PERCENT Enrolled 535 53.23% Not Enrolled 166 16.52% Expelled 8 0.80% Suspended 17 1.69% Withdrawn 27 2.69% Graduated 14 1.39% GED Program 4 0.40% Unknown 234 23.28% TOTAL 1,005 100.00% Table 8.6. JIPS by Number of Prior Referrals, FY16 PRIOR REFERRALS COUNT PERCENT 0 61 6.07% 1 56 5.57% 2 61 6.07% 3 59 5.87% 4 84 8.36% 5 94 9.35% 6 93 9.25% 7 75 7.46% 8 or more 422 41.99% TOTAL 1,005 100.00% Table 8.7. JIPS by Severity of Most Serious Offense, FY16 OFFENSE COUNT PERCENT Felonies Against Persons 138 13.73% Felonies Against Property 200 19.90% Obstruction of Justice, Felony & Misdemeanor 508 50.55% Misdemeanors Against Persons 27 2.69% Drugs, Felony & Misdemeanor 68 6.77% Public Peace, Felony & Misdemeanor 37 3.68% Misdemeanors Against Property 16 1.59% Status Offense 1 0.10% Administrative 10 1.00% TOTAL Table 8.8. JIPS by Offense Class, FY16 OFFENSE CLASS Felony Misdemeanor Violations of Probation & Ordinances Status Other TOTAL 1,005 100.00% COUNT 514 142 338 1 10 PERCENT 51.14% 14.13% 33.63% 1.10% 1.00% 1,005 100.00% ARIZONA’S JUVENILE COURT COUNTS FY16 | 39 Table 8.9. JIPS by County and Gender, FY16 MALE COUNT PERCENT 6 60.00% 24 82.76% 37 64.91% 12 85.71% 15 93.75% 4 80.00% 1 100.00% 317 91.35% 31 70.45% 26 83.87% 146 92.99% 44 81.48% 6 66.67% 54 79.41% 116 71.17% COUNTY Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma STATEWIDE TOTAL 839 FEMALE COUNT PERCENT 4 40.00% 5 17.24% 20 35.09% 2 14.29% 1 6.25% 1 20.00% 0 0.00% 30 8.65% 13 29.55% 5 16.13% 11 7.01% 10 18.52% 3 33.33% 14 20.59% 47 28.83% 83.48% 166 In Tables 8.9 through 8.11 demographic variables by each county are presented. Overall, juveniles on JIPS tend to be males in their late teens. The most frequent racial category ranged from White, Hispanic, and Native American. 16.52% Table 8.10. JIPS by County and Age, FY16 COUNTY 8 9 10 11 12 13 14 15 16 17 UNKNOWN TOTAL Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 1 0 0 1 1 0 0 8 1 1 6 1 0 2 9 2 5 4 2 2 0 0 23 4 2 15 7 0 6 14 3 9 14 2 4 1 1 66 13 4 30 10 0 10 36 1 10 13 6 5 1 0 99 8 11 47 18 6 18 49 3 5 25 3 4 3 0 151 17 13 55 18 3 32 54 0 0 1 0 0 0 0 0 1 0 1 0 0 0 1 10 29 57 14 16 5 1 347 44 31 157 54 9 68 163 TOTAL 0 0 0 1 2 31 86 203 292 386 4 % OF TOTAL 1.00% 2.89% 5.67% 1.39% 1.59% 0.50% 0.10% 34.53% 4.38% 3.08% 15.62% 5.37% 0.90% 6.77% 16.22% 1,005 100.00% 40 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 8.11. JIPS by County and Race, FY16 AFRICAN COUNTY HISPANIC WHITE AMERICAN Apache 3 0 5 Cochise 15 3 11 Coconino 11 3 21 Gila 3 0 10 Graham 9 0 5 Greenlee 3 0 2 La Paz 1 0 0 Maricopa 171 80 78 Mohave 8 1 32 Navajo 6 2 14 Pima 86 19 40 Pinal 14 8 26 Santa Cruz 9 0 0 Yavapai 10 1 49 Yuma 118 6 34 TOTAL 467 123 NATIVE AMERICAN 2 0 22 1 1 0 0 13 2 9 12 6 0 8 5 327 ASIAN/PI OTHER UNKNOWN TOTAL 0 0 0 0 0 0 0 3 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 0 0 0 0 0 0 0 10 29 57 14 16 5 1 347 44 31 157 54 9 68 163 % OF TOTAL 1.00% 2.89% 5.67% 1.39% 1.59% 0.50% 0.10% 34.53% 4.38% 3.08% 15.62% 5.37% 0.90% 6.77% 16.22% 4 1 2 1,005 100.00% 81 JIPS, Five Year Trend 3,000 2,550 2,329 2,500 2,091 2,092 2,156 1,089 1,083 1,005 FY14 FY15 FY16 2,000 1,500 1,282 1,191 1,000 500 0 FY12 FY13 Juveniles Dispositions FY 2016 Additional Topics JUVENILE CORRECTIONS (ADJC) ADJC & AOC COMPARISON PATHWAYS TO ADULT COURT Direct Filings in Adult Court Transferred to Adult Court GENDER ARIZONA’S JUVENILE COURT COUNTS FY16 | 41 JUVENILE CORRECTIONS (ADJC) Statistics provided in this section are for individual youth (unduplicated). For youth who were committed or awarded to the Arizona Department of Juvenile Corrections more than once during the fiscal year, information from the first instance is reported. Disposition of a juvenile to the ADJC is governed by statute and the Arizona Code of Judicial Administration. Arizona Revised Statutes §8-342 (A) provides “A child under the age of fourteen 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 the 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 define factors the court must consider, in addition to other relevant facts, when committing youth to the care and custody of the ADJC. The legislative intent was to reserve commitment to juveniles whom the court believes are in need of placement in a secure care facility for the protection of the public and whom are unsuitable for JIPS. The commitment guidelines revised and adopted in July, 2001 and documented in the Arizona Code of Judicial Administration Part 6, Chapter 3, Section 6-304 can be found in the Notes section.4 Table 9.1 includes all juveniles who were disposed to the Juvenile Department of Corrections during FY16, which totals 218 juveniles. Commitments have been declining since a historical high of 1,670 in FY98. This year, commitments decreased by 41.71% from the previous fiscal year. Roughly, 44.04% of the juveniles were committed for obstruction of justice offenses such as probation and parole violations; however, the most severe offense is generally not the only consideration in the commitment (i.e., prior offense history, prior placement, risk to the community and need for a more secure placement). In addition, 52.29% of the juveniles committed to the ADJC had eight or more prior referrals suggesting that the majority are chronic offenders. Table 9.1. Juvenile Corrections by County, FY16 COUNTY Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL COUNT 0 3 5 8 1 0 2 135 11 4 11 13 2 8 15 PERCENT 0.00% 1.38% 2.29% 3.67% 0.46% 0.00% 0.92% 61.93% 5.05% 1.83% 5.05% 5.96% 0.92% 3.67% 6.88% 218 100.00% Table 9.2. Juvenile Corrections by Gender, FY16 Male Female 200 18 91.74% 8.26% TOTAL 218 100.00% 42 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 9.3. Juvenile Corrections by Age, FY16 AGE 8 9 10 11 12 13 14 15 16 17 Unknown TOTAL COUNT 0 0 0 0 0 0 6 30 76 105 1 218 PERCENT 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 2.75% 13.76% 34.86% 48.17% 0.46% 100.00% Table 9.4. Juvenile Corrections by Race, FY16 RACE Hispanic African American White Native American Asian/Pacific Islander Other Unknown TOTAL COUNT 96 28 77 16 1 0 0 PERCENT 44.04% 12.84% 35.32% 7.34% 0.46% 0.00% 0.00% 218 100.00% Table 9.6. Juvenile Corrections by Number of Prior Referrals, FY16 PRIOR REFERRALS COUNT PERCENT 0 10 4.59% 1 7 3.21% 2 16 7.34% 3 13 5.96% 4 12 5.50% 5 14 6.42% 6 15 6.88% 7 17 7.80% 8 or more 114 52.29% TOTAL TOTAL 218 100.00% 100.00% Table 9.7. Juvenile Corrections by Severity of Most Serious Offense, FY16 COUNT PERCENT OFFENSE Felonies Against Persons 47 21.56% Felonies Against Property 38 17.43% Obstruction of Justice, Felony & Misdemeanor 96 44.04% Misdemeanors Against Persons 6 2.75% Drugs, Felony & Misdemeanor 9 4.13% Public Peace, Felony & Misdemeanor 15 6.88% Misdemeanors Against Property 5 2.29% Status Offense 0 0.00% Administrative 2 0.92% TOTAL Table 9.5. Juvenile Corrections by Education Status, FY16 STATUS COUNT PERCENT Enrolled 63 28.90% Not Enrolled 35 16.06% Expelled 1 0.46% Suspended 4 1.83% Withdrawn 7 3.21% Graduated 2 0.92% GED Program 0 0.00% Unknown 106 48.62% 218 218 100.00% Table 9.8. Juvenile Corrections by Offense Class, FY16 OFFENSE CLASS COUNT PERCENT Felony 106 48.62% Misdemeanor 42 19.27% Violations of Probation & Ordinances 69 31.65% Status 0 0.00% Other 1 0.46% TOTAL 218 100.00% ARIZONA’S JUVENILE COURT COUNTS FY16 | 43 In Tables 9.9 through 9.11, county breakdowns by gender, age, and race are presented. For each county, the majority of juveniles disposed to the Juvenile Department of Corrections were males in their late teens. The most common racial category shifted by county from White, Hispanic, and Native American. Table 9.9. Juvenile Corrections by County and Gender, FY16 MALE FEMALE COUNTY COUNT PERCENT COUNT PERCENT Apache 0 0.00% 0 0.00% Cochise 3 100.00% 0 0.00% Coconino 5 100.00% 0 0.00% Gila 8 100.00% 0 0.00% Graham 1 100.00% 0 0.00% Greenlee 0 0.00% 0 0.00% La Paz 2 100.00% 0 0.00% Maricopa 128 94.81% 7 5.19% Mohave 7 63.64% 4 36.36% Navajo 3 75.00% 1 25.00% Pima 10 90.91% 1 9.09% Pinal 11 84.62% 2 15.38% Santa Cruz 2 100.00% 0 0.00% Yavapai 7 87.50% 1 12.50% Yuma 13 86.67% 2 13.33% STATEWIDE TOTALS 200 91.74% 18 8.26% Table 9.10. Juvenile Corrections by County and Age, FY16 % OF TOTAL 0.00% 1.38% 2.29% 3.67% 0.46% 0.00% 0.92% 61.93% 5.05% 1.83% 5.05% 5.96% 0.92% 3.67% 6.88% COUNTY 8 9 10 11 12 13 14 15 16 17 UNKNOWN TOTAL Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 2 1 0 1 0 0 0 1 0 1 1 1 0 0 1 14 1 1 2 3 0 2 3 0 1 2 0 1 0 0 49 5 2 1 4 1 2 8 0 1 2 6 0 0 1 70 4 1 7 5 1 4 3 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 3 5 8 1 0 2 135 11 4 11 13 2 8 15 TOTAL 0 0 0 0 0 0 6 30 76 105 1 218 100.00% 44 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 9.11. Juvenile Corrections by County and Race, FY16 AFRICAN NATIVE COUNTY HISPANIC WHITE AMERICAN AMERICAN Apache 0 0 0 0 Cochise 2 0 1 0 Coconino 0 1 2 2 Gila 2 0 6 0 Graham 0 0 1 0 Greenlee 0 0 0 0 La Paz 1 0 1 0 Maricopa 67 22 37 8 Mohave 1 0 10 0 Navajo 0 0 3 1 Pima 7 2 2 0 Pinal 2 3 5 3 Santa Cruz 2 0 0 0 Yavapai 1 0 6 1 Yuma 11 0 3 1 TOTAL 96 28 77 16 ASIAN/PI OTHER UNKNOWN TOTAL 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 5 8 1 0 2 135 11 4 11 13 2 8 15 % OF TOTAL 0.00% 1.38% 2.29% 3.67% 0.46% 0.00% 0.92% 61.93% 5.05% 1.83% 5.05% 5.96% 0.92% 3.67% 6.88% 1 0 0 218 100.00% Arizona Dept. of Juvenile Corrections Five Year Trend 900 807 800 700 671 648 479 471 584 600 500 536 374 400 311 218 300 200 100 0 FY12 FY13 Juveniles FY14 FY15 Commitments FY16 ARIZONA’S JUVENILE COURT COUNTS FY16 | 45 ADJC & AOC COMPARISON Original Commitments on a Statewide Basis The previous section on ADJC commitments used the traditional reporting method, juvenile dispositions to the Juvenile Department of Corrections during the fiscal year. This method, however, over counts the actual number of juveniles being committed as it does not differentiate between original and subsequent commitments and also fails to take into account juveniles who never arrive to ADJC for processing. Tables in this section provide that information. Table 10.1 shows juveniles who were committed for the first time during the fiscal year (original commitment) and arrived at an ADJC facility. Subsequent commitment includes juveniles who received a commitment decision in FY16, but were already committed from a different county or previous fiscal year. The last category, “Never Arrived at ADJC”, includes juveniles who received an original decision of commitment but were never processed into ADJC. In this scenario, a youth may have turned 18 while in detention and were therefore never transported to an ADJC facility or have been processed in an adult court at the time of commitment and were placed in adult confinement (jail or correctional facility). ADJC has the ability to count “re-commitments”, a juvenile who is committed, discharged from ADJC and then receives another commitment. Those juveniles, few in number, are not reflected in these charts. In FY16, there were 158 original commitments. The majority of original commitments were from Maricopa County. In addition, there were 52 juveniles with subsequent commitments and 8 juveniles who never arrived to ADJC. Table 10.1. Commitments, FY16 COMMITMENT SUBSEQUENT COMMITMENT NEVER ARRIVED AT ADJC TOTAL 0 3 5 8 1 0 2 85 8 4 9 10 2 7 14 0 0 0 0 0 0 0 43 3 0 2 2 0 1 1 0 0 0 0 0 0 0 7 0 0 0 1 0 0 0 0 3 5 8 1 0 2 135 11 4 11 13 2 8 15 158 52 8 218 ORIGINAL Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL 46 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 10.2. Commitments Prior Fiscal Year, FY15 NEVER ORIGINAL SUBSEQUENT ARRIVED COMMITMENT COMMITMENT AT ADJC Apache 3 0 0 Cochise 10 3 0 Coconino 7 3 0 Gila 8 0 0 Graham 1 3 0 Greenlee 1 0 0 La Paz 1 0 0 Maricopa 147 57 6 Mohave 19 3 0 Navajo 4 0 0 Pima 23 2 0 Pinal 15 9 0 Santa Cruz 12 1 0 Yavapai 13 1 0 Yuma 19 3 0 TOTAL 283 85 6 TOTAL 3 13 10 8 4 1 1 210 22 4 25 24 13 14 22 374 Juveniles with Original Commitments to ADJC Five Year Trend 450 393 400 356 350 283 300 250 200 158 150 100 50 0 FY13 FY14 FY15 FY16 It is with gratitude to ADJC for providing commitment data used for this section. ARIZONA’S JUVENILE COURT COUNTS FY16 | 47 PATHWAYS TO ADULT COURT The Arizona Revised Statutes provide the requirements and procedures for prosecuting juveniles in criminal court as adults. Juveniles enter the adult system by either a direct file or transfer. Both require certain criteria to be met in order for the filing or transfer to take place. The provisions, presented here as pathways, are summarized below. There are five different pathways a juvenile can take to adult court, which are as follows: Mandatory Direct File for a Violent Offense – A juvenile aged fifteen, sixteen, or seventeen who commits a violent crime specified in A.R.S. §13501A must be filed in adult court. Mandatory Direct File due to Prior Conviction – A juvenile with a historical prior felony conviction must be prosecuted as an adult per A.R.S. §13-501C. Mandatory Direct File for Chronic Offenders – A juvenile aged fifteen, sixteen, or seventeen who have two prior felony adjudications in juvenile court and must go to adult court for a subsequent felony per A.R.S. §13-501A. Discretionary Filing – The County Attorney may file in adult court, any juvenile who is fourteen years old and a chronic offender or fourteen or older and has committed one of a list of specified offenses in A.R.S. §13-501B. 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. As shown in Table 11.1, the majority of juveniles end up in adult court through a mandatory direct file. More detail on Direct filed and Transferred juveniles are provided in the sections that follow. Table 11.1. Pathways to Adult Court, FY16 Mandatory Mandatory Prior Chronic Discretionary Transfer 150 10 33 63 12 % OF TOTAL 55.97% 3.73% 12.31% 23.51% 4.48% TOTAL * 268 100.00% PATHWAY COUNT Table 11.2. Pathways to Adult Court by County, FY16 % OF COUNTY COUNT TOTAL Apache 0 0.00% Cochise 0 0.00% Coconino 0 0.00% Gila 0 0.00% Graham 2 0.75% Greenlee 0 0.00% La Paz 0 0.00% Maricopa 167 62.31% Mohave 2 0.75% Navajo 0 0.00% Pima 53 19.78% Pinal 23 8.58% Santa Cruz 16 5.97% Yavapai 1 0.37% Yuma 4 1.49% TOTAL * 268 100.00% * The number of juveniles in these tables may be a duplicate count due to the possibility of multiple cases taking different pathways to adult court in the fiscal year. 48 | ARIZONA’S JUVENILE COURT COUNTS FY16 Direct Filings in Adult Court Statistics provided in this section are for individual youth (unduplicated). For youth who were direct filed in adult court more than once during the fiscal year, information from their first filings is reported. Arizona Revised Statutes §13-501 mandates that the “County Attorney shall bring criminal prosecution against a juvenile in the same manner as an adult if the juvenile is fifteen, sixteen, or seventeen years of age and is accused of any of the following offenses”: 1. 2. 3. 4. 5. First degree murder; Second degree murder; Forcible sexual assault; Armed robbery; 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 adult court referred to as mandatory (1 through 5 and 7) and chronic (6). In addition, the County Attorney has the discretion to bring criminal prosecution against fourteen 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 a class 1 or class 2 felony or a select class 3, 4, 5, and 6 felony, which are referred to as discretionary filings. In addition, criminal prosecution shall be brought against any juvenile with a prior conviction in adult court. These are referred to as mandatory prior conviction filings. A legislative change creating the direct file process became effective in 1997. The result has been a reduction in the transfer decision. In FY99, direct filings reached a high of 804. Since then, the number of direct filings has decreased. In FY16, 256 juveniles were involved in the direct file process. Table 11.3. Direct Filings by County, FY16 COUNTY Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL COUNT 0 0 0 0 2 0 0 164 2 0 52 23 9 0 4 PERCENT 0.00% 0.00% 0.00% 0.00% 0.78% 0.00% 0.00% 64.06% 0.78% 0.00% 20.31% 8.98% 3.52% 0.00% 1.56% 256 100.00% Table 11.4. Direct Filings by Gender, FY16 Male Female 235 21 91.80% 8.20% TOTAL 256 100.00% ARIZONA’S JUVENILE COURT COUNTS FY16 | 49 Table 11.5. Direct Filings by Age, FY16 AGE 8 9 10 11 12 13 14 15 16 17 Unknown TOTAL COUNT 0 0 0 0 0 0 1 35 62 153 5 PERCENT 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.39% 13.67% 24.22% 59.77% 1.95% 256 100.00% Table 11.6. Direct Filings by Race, FY16 RACE Hispanic African American White Native American Asian/Pacific Islander Other Unknown TOTAL COUNT 125 60 48 13 1 4 5 PERCENT 48.83% 23.44% 18.75% 5.08% 0.39% 1.56% 1.95% 256 100.00% Table 11.7. Direct Filings by Education Status, FY16 STATUS COUNT PERCENT Enrolled 50 19.53% Not Enrolled 52 20.31% Expelled 1 0.39% Suspended 1 0.39% Withdrawn 4 1.56% Graduated 0 0.00% GED Program 1 0.39% Unknown 147 57.42% TOTAL 256 100.00% Table 11.8. Direct Filings by Number of Prior Referrals, FY16 PRIOR REFERRALS COUNT PERCENT 0 62 24.22% 1 36 14.06% 2 15 5.86% 3 24 9.38% 4 14 5.47% 5 18 7.03% 6 11 4.30% 7 8 3.13% 8 or more 68 26.56% TOTAL 256 100.00% Table 11.9. Direct Filings by Severity of Most Serious Offense, FY16 COUNT PERCENT OFFENSE Felonies Against Persons 185 72.27% Felonies Against Property 36 14.06% Obstruction of Justice, Felony & Misdemeanor 0 0.00% Misdemeanors Against Persons 0 0.00% Drugs, Felony & Misdemeanor 29 11.33% Public Peace, Felony & Misdemeanor 6 2.34% Misdemeanors Against Property 0 0.00% Status Offense 0 0.00% Administrative 0 0.00% TOTAL 256 100.00% Table 11.10. Direct Filings by Offense Class, FY16 OFFENSE CLASS COUNT PERCENT Felony 256 100.00% Misdemeanor 0 0.00% TOTAL 256 100.00% 50 | ARIZONA’S JUVENILE COURT COUNTS FY16 In Tables 11.11 through 11.13, county breakdowns of gender, age, and race are presented. Overall, the vast majority of juveniles with direct filings are males over fifteen years of age. Hispanic was the most common racial (ethnic) category for all of the counties. Table 11.11. Direct Filings by County and Gender, FY16 MALE FEMALE COUNTY COUNT PERCENT COUNT PERCENT Apache 0 0.00% 0 0.00% Cochise 0 0.00% 0 0.00% Coconino 0 0.00% 0 0.00% Gila 0 0.00% 0 0.00% Graham 2 100.00% 0 0.00% Greenlee 0 0.00% 0 0.00% La Paz 0 0.00% 0 0.00% Maricopa 153 93.29% 11 6.71% Mohave 2 100.00% 0 0.00% Navajo 0 0.00% 0 0.00% Pima 44 84.62% 8 15.38% Pinal 23 100.00% 0 0.00% Santa Cruz 7 77.78% 2 22.22% Yavapai 0 0.00% 0 0.00% Yuma 4 100.00% 0 0.00% STATEWIDE TOTALS 235 91.80% 21 8.20% Table 11.12. Direct Filings by County and Age, FY16 % OF TOTAL 0.00% 0.00% 0.00% 0.00% 0.78% 0.00% 0.00% 64.06% 0.78% 0.00% 20.31% 8.98% 3.52% 0.00% 1.56% COUNTY 8 9 10 11 12 13 14 15 16 17 UNKNOWN TOTAL Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 23 0 0 11 1 0 0 0 0 0 0 0 0 0 0 48 0 0 9 4 1 0 0 0 0 0 0 2 0 0 91 2 0 30 18 6 0 4 0 0 0 0 0 0 0 1 0 0 2 0 2 0 0 0 0 0 0 2 0 0 164 2 0 52 23 9 0 4 TOTAL 0 0 0 0 0 0 1 35 62 153 5 256 100.00% ARIZONA’S JUVENILE COURT COUNTS FY16 | 51 Table 11.13. Direct Filings by County and Race, FY16 AFRICAN NATIVE COUNTY HISPANIC WHITE AMERICAN AMERICAN Apache 0 0 0 0 Cochise 0 0 0 0 Coconino 0 0 0 0 Gila 0 0 0 0 Graham 1 0 1 0 Greenlee 0 0 0 0 La Paz 0 0 0 0 Maricopa 71 45 33 12 Mohave 1 0 1 0 Navajo 0 0 0 0 Pima 23 9 12 1 Pinal 17 5 1 0 Santa Cruz 9 0 0 0 Yavapai 0 0 0 0 Yuma 3 1 0 0 TOTAL 125 60 48 OTHER UNKNOWN TOTAL 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 0 0 0 0 0 0 0 0 2 0 0 164 2 0 52 23 9 0 4 1 4 5 256 100.00% 13 Juveniles Direct Filed to Adult Court Five Year Trend 300 277 277 256 250 227 212 200 150 100 50 0 FY12 FY13 % OF TOTAL 0.00% 0.00% 0.00% 0.00% 0.78% 0.00% 0.00% 64.06% 0.78% 0.00% 20.31% 8.98% 3.52% 0.00% 1.56% ASIAN/PI FY14 FY15 FY16 52 | ARIZONA’S JUVENILE COURT COUNTS FY16 Transferred to Adult Court Prior to fiscal year 1998 and the passage of Proposition 102, juveniles could only be transferred to adult court through the judicial transfer process. Senate Bill (SB) 1446 initiated a shift from judicial transfers being the primary avenue to adult court to direct filing by the County Attorney. SB 1446 also made significant change to A.R.S. §8-327, which details the process for transferring juveniles to adult court, and went into effect July 1, 1998. An order to transfer a juvenile is based on a finding by a preponderance of evidence that probable cause exists that the offense was committed by the juvenile and a transfer would best serve public safety. The determination of whether public safety would be served is based on the following factors outlined in A.R.S. §8-327 D: 1. 2. The seriousness of the offense involved. 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. Since the direct filing process began, the judicial transfer process has been utilized less frequently. During the current fiscal year, the direct filing process accounted for over 9 out of every 10 juveniles prosecuted in adult court. Table 11.14. Transferred by County, FY16 COUNTY Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL COUNT 0 0 0 0 0 0 0 3 0 0 1 0 7 1 0 PERCENT 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 25.00% 0.00% 0.00% 8.33% 0.00% 58.33% 8.33% 0.00% 12 100.00% Table 11.15. Transferred by Gender, FY16 Male Female 12 0 100.00% 0.00% TOTAL 12 100.00% ARIZONA’S JUVENILE COURT COUNTS FY16 | 53 Table 11.16. Transferred to Adult Court by Age, FY16 AGE COUNT PERCENT 8 0 0.00% 9 0 0.00% 10 0 16.67% 11 0 0.00% 12 0 0.00% 13 0 0.00% 14 0 0.00% 15 0 0.00% 16 1 8.33% 17 10 83.33% Unknown 1 8.33% TOTAL 12 100.00% Table 11.17. Transferred to Adult Court by Race, FY16 RACE COUNT PERCENT Hispanic 10 83.33% African American 0 0.00% White 2 16.67% Native American 0 0.00% Asian/Pacific Islander 0 0.00% Other 0 0.00% Unknown 0 0.00% TOTAL 12 100.00% Table 11.18. Transferred to Adult Court by Education Status, FY16 STATUS COUNT PERCENT Enrolled 0 0.00% Not Enrolled 1 8.33% Expelled 1 8.33% Suspended 0 0.00% Withdrawn 0 0.00% Graduated 0 0.00% GED Program 0 0.00% Unknown 10 83.33% TOTAL 12 100.00% Table 11.19. Transferred to Adult Court by Number of Prior Referrals, FY16 PRIOR REFERRAL COUNT PERCENT 0 4 33.33% 1 1 8.33% 2 3 25.00% 3 2 16.67% 4 1 8.33% 5 0 0.00% 6 0 0.00% 7 0 0.00% 8 or more 1 8.33% TOTAL 12 100.00% Table 11.20. Transferred to Adult Court by Severity of Most Serious Offense, FY16 OFFENSE COUNT PERCENT Felonies Against Persons 5 41.67% Felonies Against Property 2 16.67% Obstruction of Justice, Felony & Misdemeanor 0 0.00% Misdemeanors Against Persons 0 0.00% Drugs, Felony & Misdemeanor 4 33.33% Public Peace, Felony & Misdemeanor 1 8.33% Misdemeanors Against Property 0 0.00% Status Offense 0 0.00% Administrative 0 0.00% TOTAL 12 100.00% Table 11.21. Transferred to Adult Court by Offense Class, FY16 OFFENSE CLASS COUNT PERCENT Felony 12 100.00% Misdemeanor 0 0.00% Violations of Probation & Ordinances 0 0.00% Status 0 0.00% Other 0 0.00% TOTAL 12 100.00% 54 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 11.22. Transferred to Adult Court by County and Gender, FY16 COUNTY 0 0 0 0 0 0 0 3 0 0 1 7 0 1 0 % OF TOTAL 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 100.00% 0.00% 0.00% 100.00% 100.00% 0.00% 100.00% 0.00% 12 100.00% MALE Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma STATEWIDE TOTALS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 % OF TOTAL 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0 0.00% FEMALE Tables 11.22 through 11.24 provide statistics on gender, age, and race by county. Overall, most transferred juveniles are males in their late teens. Hispanic and African American were the most common racial groups. Table 11.23. Transferred to Adult Court by County and Age, FY16 COUNTY 8 9 10 11 12 13 14 15 16 17 UNKNOWN TOTAL Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 3 0 0 1 0 5 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 3 0 0 1 0 7 1 0 TOTAL 0 0 0 0 0 0 0 0 1 10 1 % OF TOTAL 0.0% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 25.00% 0.00% 0.00% 8.33% 0.00% 58.33% 8.33% 0.00% 12 100.00% ARIZONA’S JUVENILE COURT COUNTS FY16 | 55 Table 11.24. Transferred to Adult Court by County and Race, FY16 AFRICAN NATIVE COUNTY HISPANIC WHITE ASIAN/PI AMERICAN AMERICAN Apache 0 0 0 0 0 Cochise 0 0 0 0 0 Coconino 0 0 0 0 0 Gila 0 0 0 0 0 Graham 0 0 0 0 0 Greenlee 0 0 0 0 0 La Paz 0 0 0 0 0 Maricopa 2 0 1 0 0 Mohave 0 0 0 0 0 Navajo 0 0 0 0 0 Pima 1 0 0 0 0 Pinal 0 0 0 0 0 Santa Cruz 7 0 0 0 0 Yavapai 0 0 1 0 0 Yuma 0 0 0 0 0 TOTAL 10 0 2 0 OTHER UNKNOWN TOTAL % OF TOTAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 3 0 0 1 0 7 1 0 0.0% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 25.00% 0.00% 0.00% 8.33% 0.00% 58.33% 8.33% 0.00% 0 1 12 100.00% 0 Juveniles Transferred to Adult Court, Five Year Trend 20 18 18 17 16 14 14 12 12 FY15 FY16 12 10 8 6 4 2 0 FY12 FY13 FY14 This page intentionally left blank. ARIZONA’S JUVENILE COURT COUNTS FY16 | 57 GENDER In January, 2005, the Child Welfare League hosted a conference National Girls Initiative: Florence Crittenden Roundtable 2005. This section was prompted by that conference and other work being done in Arizona. This section offers simple comparisons between males and females in Arizona’s juvenile justice system. Information is provided on referrals, age at first referral, offense severity, and proportions of males and females at each stage in the juvenile justice system, and treatment received in FY16. This section was first published in Juveniles Processed FY04 and has been replicated annually since then. Over the last two decades, increasing attention has been paid to girls in the juvenile justice system. There was concern, according to the Office of Juvenile Justice and Delinquency Prevention (2002), females’ arrests were increasing in most categories faster than males’ arrests. In Arizona, however, the proportions of males and females arrested have been constant. Traditionally, males are believed to commit more offenses and more serious offenses than females. Analysis of Arizona juvenile data provides support for these notions. Table 12.1. Gender by Court Stage, FY16 STAGE FEMALE Referral 34.17% Detention 21.99% Diversion 39.52% Petitioned 25.93% Dismissals 31.28% Penalty Only 23.45% Standard Probation 24.22% JIPS 16.52% ADJC 8.26% Direct Filed 8.20% MALE 65.83% 78.01% 60.48% 74.07% 68.72% 76.55% 75.78% 83.48% 91.74% 91.80% Average Age For the juveniles referred in FY16, the average age of referral for the initial referral was slightly lower for females (14.07) than males (14.39). Table 12.2. Average Age at First Referral, FY16 Male 14.44 Female 14.08 ALL YOUTH 14.20 Offense Severity and Type Females and males differ in the distribution of their referral offenses. Three offense categories make up almost two-thirds of female referrals: public peace (20.0%); misdemeanors against property (19.5%); and status offenses (19.7%). On the other hand, apart from public peace offenses (20.2%), males’ referral offenses are more equally distributed across severity categories. Misdemeanors make up the largest proportion of offenses for both males and females. Since FY07, the proportion of juveniles committing felonies and misdemeanors for both males and females has remained relatively stable. Table 12.3. Gender by Severity of the Most Serious Referral Offense, FY16 OFFENSE FEMALE MALE Felonies Against Persons 3.2% 8.3% Felonies Against Property 3.0% 9.7% Obstruction of Justice, Felony & Misdemeanor 7.2% 9.9% Misdemeanors Against Persons 13.2% 10.9% Drugs, Felony & Misdemeanor 11.9% 15.9% Public Peace, Felony & Misdemeanor 20.0% 20.2% Misdemeanors Against Property 19.5% 12.2% Status Offenses 19.7% 10.7% Administrative 2.4% 2.1% TOTAL 100.00% 100.00% 58 | ARIZONA’S JUVENILE COURT COUNTS FY16 Table 12.4. Gender by Offense Class FEMALE FELONY 2012 16.7% 2013 17.2% 2014 18.5% 2015 19.1% 2016 20.0% MISDEMEANOR 2012 62.5% 2013 59.6% 2014 58.6% 2015 56.8% 2016 53.8% MALE 37.9% 38.0% 38.2% 37.7% 38.1% 47.8% 46.8% 46.6% 45.2% 43.3% Juveniles Referred by Gender 25,000 22,189 19,809 18,237 20,000 16,854 15,278 15,000 11,428 9,701 10,000 8,754 8,535 7,929 FY14 FY15 FY16 5,000 0 FY12 FY13 Male Female Note: The Court Funded Treatment Received section is unavailable for this edition due to conversion to JOLTSaz JTX. FY 2016 Notes & Glossary ARIZONA’S JUVENILE COURT COUNTS FY16 | 59 NOTES 1. The number of juveniles in each stage is an unduplicated count, meaning each juvenile is only 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. Additionally, because the unique identifiers for juveniles are county specific – a juvenile could be counted in more than one county. The only exceptions to the unduplicated count of juveniles at each stage are Table 11.1. Pathways to Adult Court, FY16 and Table 11.2 Pathways to Adult Court by County, FY16. In these tables, if a juvenile is direct filed and transferred, the juvenile would be counted twice, once for any transfer and once for any direct file. Historical data presented are as previously reported in all Juveniles Processed publications. Although we strive to capture all direct filed juveniles, some direct filed juveniles may not be reflected in Juveniles Processed data. Percentages given in each table may not equal 100.00% due to rounding. 2. 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. Public Peace (Felonies and Misdemeanors) – Aggravated DUI, alcohol under age consumption, carry concealed weapon, child neglect, commercial sex, contributing delinquency of minor, crime against 60 | ARIZONA’S JUVENILE COURT COUNTS FY16 nature, cruelty to animals, disorderly conduct, disturbing the peace, DUI, eavesdropping, false reporting, failure to stop, 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. Administrative – Court hold, courtesy hold, immigration, sovereignty, traffic, warrant. 3. Statutory requirements for diversion based on A.R.S. §8-321: 1. The County Attorney has sole discretion to divert a juvenile to a community based alternative program that is operated by the County Attorney or to a diversion program administered by the Juvenile Court. A juvenile identified as a chronic or violent offender, or who is alleged to have violated A.R.S. §28-1281, §28-1382, §28-1383 (DUI) or violated Title 13, Chapter 34 (Purchase, possession, or consumption of alcohol/drugs) and the juvenile has previously participated in a community-based alternative program or a diversion program or a diversion program administered by the juvenile court at least two times within twenty-four months 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. 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 ARIZONA’S JUVENILE COURT COUNTS FY16 | 61 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. 4. Commitment Guidelines: 1. When considering the commitment of a juvenile to the care and custody of ADJC, the juvenile court shall: a. b. c. d. 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; 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; 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 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(s) or a violation of a court order while under protective supervision for an incorrigible offense. 62 | ARIZONA’S JUVENILE COURT COUNTS FY16 GLOSSARY Adjudication Hearing. A hearing at which a juvenile is found delinquent, incorrigible or dependent. The hearing is relatively formal and 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. Administrative Sanction. A restriction, obligation or similar type of constraint imposed by Juvenile Probation when a youth fails to comply with his/her conditions of standard or intensive probation. 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 adults. 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 responsible for the community-based supervision of adults convicted of criminal offenses. Juveniles prosecuted as adults and placed on probation are supervised by the Adult Probation Department. 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 designed primarily for more serious juvenile offenders who are 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 current statute, 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/her 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 CommunityBased Alternative Program is to increase citizen involvement in the juvenile justice process. Community Restitution. Unpaid labor or services provided to a not-for-profit or government agency. Community restitution 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. Community restitution can be a consequence for youth in diversion or youth disposed to probation or penalty only disposition. Complaint. By statute, a complaint is a written statement of the essential facts that constitute a public offense. A report normally prepared by a law enforcement officer and submitted under oath to County ARIZONA’S JUVENILE COURT COUNTS FY16 | 63 Attorney alleging that a juvenile has violated the law. In some jurisdictions, the complaint goes to the Juvenile Probation Department prior to the County Attorney. It is also called a "delinquency complaint" or "written referral" (paper referral). Delinquent Juvenile. A delinquent juvenile is “a child who is adjudicated to have committed a delinquent act”, with the exception of a child under eight years of age who would be alternatively classified as a “dependent child”. A delinquent juvenile is simply a youth who commits an illegal offense. Dependent Child/Youth. A juvenile who is: adjudicated to be in need of proper and effective parental care and control and who has no parent or guardian willing to exercise or capable of exercising such care and control; destitute; not provided with the necessities of life, including adequate food, clothing, shelter or medical care; under eight years of age and found to have committed an act that would result in adjudication as a delinquent juvenile or incorrigible child if committed by an older juvenile or child; incompetent or not restorable to competency and alleged to have committed a serious offense or living in a home that is unfit by reason of abuse, neglect, cruelty or depravity by a parent, a guardian or any other person having custody or care of the juvenile. Detention. Juvenile detention is the temporary confinement of a juvenile in a physically restrictive facility surrounded by a locked and secure barrier with restricted ingress and egress. Juveniles can be held in detention pending court hearings for purposes of public protection or for their own protection or as a consequence. Discretionary Filings. Arizona law permits the County Attorney to prosecute a juvenile as an adult if the juvenile is fourteen years of age or older and accused of certain serious crimes. In addition, criminal prosecution may be brought against any juvenile with a prior conviction in adult court. Disposition Hearing. After a juvenile is adjudicated delinquent or incorrigible, a disposition hearing is held to determine the most appropriate punishment or intervention. This hearing is comparable to a "sentencing hearing" in the adult criminal court. Dispositional Investigation and Report. At least three days prior to disposition, the Juvenile Probation Department is required to provide a Dispositional Investigation Report to the Court. The report shall be made available to the victim/s as well, if applicable. The report includes a risk assessment, victim impact statement, facts regarding the offense, information regarding restitution, and treatment and disposition recommendations from the investigating Juvenile Probation Officer. 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 also considered to be incorrigible. Intake. Intake occurs when a youth is referred to the Juvenile Probation Department with a delinquent or incorrigible charge. Intake staff determines 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 64 | ARIZONA’S JUVENILE COURT COUNTS FY16 Statutes (A.R.S. § 8-351) 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 statute requires that all juveniles adjudicated for a second felony offense must be placed on JIPS, committed to ADJC, or sent to adult court. Mandatory Offense. Arizona law mandates when a juvenile who is at least 15 years of age commits certain serious crimes he or she must be prosecuted as an adult. These "mandatory offenses" coincide with the crimes now enumerated in the State Constitution as amended through the provisions of Proposition 102, which was approved by Arizona voters at the 1996 general election. Parole. Community supervision of juveniles who have been committed to ADJC and granted release to a conditional liberty status. Parole is an executive branch function. Petition. An official legal document filed in the juvenile court by the County Attorney alleging one or more offenses that a juvenile is believed to have committed. The petition initiates the formal court hearing process of the juvenile court. Referral. A report submitted to the County Attorney alleging a child is dependent or incorrigible or has committed a delinquent act. Referrals can be made by police, parents, school officials, probation officers, other agencies or interested individuals requesting the juvenile court assume jurisdiction over the juvenile's conduct. Referrals can be "paper referrals" issued as citations or police reports or "physical referrals" where an arrest and possible detention is made by law enforcement. Juveniles may have multiple referrals between the ages of eight and seventeen. Risk Level. Is determined by use of a state approved assessment tool that classifies a juvenile as having a low, medium, or high risk to recidivate. The tool covers multiple domains using input from the juvenile, parents, school, and other official documents such as school or criminal records. Risk levels are assessed at various Court junctures. Standard Probation. A program of conditional freedom granted by the juvenile court to an adjudicated juvenile contingent on compliance with specific conditions. Transfer Hearing. A transfer hearing is held after the County Attorney requests that the juvenile court transfer its jurisdiction to the adult criminal court. The juvenile court judge may decide to waive or retain jurisdiction based on A.R.S. §8-327 and must state on the official court record the reasons for the decision. ARIZONA’S JUVENILE COURT COUNTS FY16 | 65 JUVENILE & ADULT TERMINOLOGY DIFFERENCES BETWEEN JUVENILE AND ADULT TERMINOLOGY JUVENILE ADULT Delinquent Act Incorrigible Act/Status Offense Detained Respondent Referral Petition Advisory Hearing Adjudication Hearing No Jury Trials Adjudication Delinquent/Incorrigible Disposition Detention/Secure Care Committed to ADJC Crime Not a Crime Arrested Defendant Submittal Indictment/Complaint Initial Appearance / Preliminary Hearing Arraignment Trial Jury Trial Verdict/Disposition Guilty Sentence Jail Imprisoned/Incarcerated This page intentionally left blank. vi 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) 452-3443 www.azcourts.gov/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.