JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM FY03 July 1, 2002 to June 30, 2003 October 2003 Arizona Supreme Court Administrative Office of the Courts Juvenile Justice Services Division TO Frank Carmen Leader Visionary Guide Dedication This edition of Juveniles Processed is dedicated to Frank Carmen in appreciation of his 10 years of leadership as the Director of the Juvenile Justice Services Division of the Arizona Supreme Court (1993-2003). Frank exemplifies the commitment to juveniles and juvenile justice to which we all aspire. JUVENILES PROCESSED IN THE ARIZONA COURT S YSTEM IN FY2003 July 1, 2002 to June 30, 2003 TABLE OF CONTENTS Introduction and Trends................................................................................................................1 Juveniles Referred ......................................................................................................................10 Juveniles Detained ......................................................................................................................13 Juveniles Diverted ......................................................................................................................17 Juveniles with Petitions Filed .....................................................................................................22 Juveniles with Dispositions of Dismissed ..................................................................................25 Juveniles with Dispositions of Penalty Only ..............................................................................28 Juveniles with Dispositions to Standard Probation ....................................................................31 Juveniles with Dispositions to JIPS ............................................................................................35 Juveniles with Dispositions to ADJC .........................................................................................39 Juveniles Direct Filed in and Transferred to Adult Court ..........................................................43 Juveniles Direct Filed in Adult Court.........................................................................................45 Juveniles Transferred to Adult Court .........................................................................................49 Population Estimates & Projections ...........................................................................................53 Notes ...........................................................................................................................................54 Glossary of Juvenile Justice Terms ............................................................................................57 i LIST OF TABLES , G RAPHS AND C HARTS Introduction/Trends Juvenile Justice Flow Chart ....................................................................................................3 Arizona Juvenile Court Activity FY03 ...................................................................................4 Referrals, Petitions Filed, Juveniles Referred and Juveniles Petitioned Fiscal Years 1998 - 2003 ..................................................................................................5 The Number of Juveniles Dispositioned to Probation, Intensive Probation, ADJC and Adult Court: Fiscal Years 1998 - 2003 ..........................................................7 Pathways for Juveniles Transferred and/or Direct Filed in Adult Court: Fiscal Years 1998 - 2003............................................................................9 Juveniles Referred County...................................................................................................................................10 Gender...................................................................................................................................11 Ethnicity................................................................................................................................11 Age........................................................................................................................................11 Education Status ...................................................................................................................11 Number of Prior Referrals ....................................................................................................12 Severity of Most Serious Offense .........................................................................................12 Offense Class of Most Serious Offense ................................................................................12 Juveniles Detained County...................................................................................................................................14 Gender...................................................................................................................................15 Ethnicity................................................................................................................................15 Age........................................................................................................................................15 Education Status ...................................................................................................................15 Number of Prior Referrals ....................................................................................................16 Severity of Most Serious Offense .........................................................................................16 Offense Class of Most Serious Offense ................................................................................16 Juveniles Diverted County...................................................................................................................................19 Gender...................................................................................................................................20 Ethnicity................................................................................................................................20 Age........................................................................................................................................20 Education Status ...................................................................................................................20 Number of Prior Referrals ....................................................................................................21 Severity of Most Serious Offense .........................................................................................21 Offense Class of Most Serious Offense ................................................................................21 Juveniles with Petitions Filed County...................................................................................................................................22 Gender...................................................................................................................................23 Ethnicity................................................................................................................................23 ii Juveniles with Petitions Filed (continued) Age........................................................................................................................................23 Education Status ...................................................................................................................23 Number of Prior Referrals ....................................................................................................24 Severity of Most Serious Offense .........................................................................................24 Offense Class of Most Serious Offense ................................................................................24 Juveniles with Dispositions of Dismissed County...................................................................................................................................25 Gender...................................................................................................................................26 Ethnicity................................................................................................................................26 Age........................................................................................................................................26 Education Status ...................................................................................................................26 Number of Prior Referrals ....................................................................................................27 Severity of Most Serious Offense .........................................................................................27 Offense Class of Most Serious Offense ................................................................................27 Juveniles with Dispositions of Penalty Only County...................................................................................................................................28 Gender...................................................................................................................................29 Ethnicity................................................................................................................................29 Age........................................................................................................................................29 Education Status ...................................................................................................................29 Number of Prior Referrals ....................................................................................................30 Severity of Most Serious Offense .........................................................................................30 Offense Class of Most Serious Offense ................................................................................30 Juveniles with Dispositions to Standard Probation County...................................................................................................................................32 Gender...................................................................................................................................33 Ethnicity................................................................................................................................33 Age........................................................................................................................................33 Education Status ...................................................................................................................33 Number of Prior Referrals ....................................................................................................34 Severity of Most Serious Offense .........................................................................................34 Offense Class of Most Serious Offense ................................................................................34 Juveniles with Dispositions to JIPS County...................................................................................................................................36 Gender...................................................................................................................................37 Ethnicity................................................................................................................................37 Age........................................................................................................................................37 Education Status ...................................................................................................................37 Number of Prior Referrals ....................................................................................................38 Severity of Most Serious Offense .........................................................................................38 Offense Class of Most Serious Offense ................................................................................38 iii Juveniles with Dispositions to ADJC County...................................................................................................................................40 Gender...................................................................................................................................41 Ethnicity................................................................................................................................41 Age........................................................................................................................................41 Education Status ...................................................................................................................41 Number of Prior Referrals ....................................................................................................42 Severity of Most Serious Offense .........................................................................................42 Offense Class of Most Serious Offense ................................................................................42 Juveniles Direct Filed in and Transferred to Adult Court Pathways for Juveniles Filed in Adult Court........................................................................44 County: Direct Filed in and Transferred to Adult Court .....................................................44 Juveniles Direct Filed in Adult Court County...................................................................................................................................46 Gender...................................................................................................................................47 Ethnicity................................................................................................................................47 Age........................................................................................................................................47 Education Status ...................................................................................................................47 Number of Prior Referrals ....................................................................................................48 Severity of Most Serious Offense .........................................................................................48 Offense Class of Most Serious Offense ................................................................................48 Juveniles Transferred to Adult Court County...................................................................................................................................50 Gender...................................................................................................................................51 Ethnicity................................................................................................................................51 Age........................................................................................................................................51 Education Status ...................................................................................................................51 Number of Prior Referrals ....................................................................................................52 Severity of Most Serious Offense .........................................................................................52 Offense Class of Most Serious Offense ................................................................................52 Population Arizona Juvenile Population Estimates and Projections: Ages 8 - 17.................................53 iv JUVENILES PROCESSED IN THE ARIZONA COURT S YSTEM IN FY2003 July 1, 2002 to June 30, 2003 INTRODUCTION This is the tenth publication of Juveniles Processed in the Arizona Court System. The data for this report are drawn each year from the fifteen Juvenile Courts’ Juvenile On-Line Tracking Systems (JOLTS). JOLTS is the automated juvenile court information management system that has been operational in Maricopa County Juvenile Court for more than 20 years, and statewide for ten full years. Each Juvenile Court actively participates in collecting and maintaining the data to ensure quality and accuracy. This report provides an overview of the juveniles processed at various stages of the juvenile justice system statewide during fiscal year 2003. Selected breakdowns of unduplicated juvenile counts1 are presented at the following stages: Referral; Detention; Diversion; Petition; Dispositions of Dismissed, Penalty Only, Standard Probation, Juvenile Intensive Probation Supervision, Arizona Department of Juvenile Corrections; and Juveniles Direct Filed in and Transferred to Adult Court. The characteristics of juveniles at each of these stages are contained in this report. Each characterization of the juvenile is determined at his or her most recent referral. The demographic characteristics displayed are gender, ethnicity, age, and education status. This information is followed by offense-specific characteristics that contain the number of prior referrals, offense class of the most serious offense, and the severity of the most serious offense.2 Note that not all of these juveniles processed entered the system during this fiscal year, as some may have entered the previous fiscal year but received a disposition during this fiscal year. Therefore, the juveniles included in this report were all processed at least at one point in the system during this year. That is, one or more of the stages presented in this report happened during the year. The juveniles were referred, detained, diverted, petitioned, had at least one disposition from the court, and/or were direct filed in and/or transferred to adult court, at one point during FY03. The number of juveniles processed in the juvenile justice system is influenced by several factors, including legislative actions, la w enforcement and prosecutorial practices, and the number of juveniles ages 8 to 17 years old in the Arizona population. Through the year 2003, the number of juveniles in the population has continued to increase steadily, as can be seen in the Arizona Juvenile Population Estimates and Projections chart in the population section. 3 1 The flow chart of the juvenile justice system in this section of the report is followed by a chart entitled Arizona Juvenile Court Activity that illustrates selected stages within the juvenile justice system and the number of juveniles processed at each of these stages. In the Arizona Juvenile Court Activity chart, all stages show both duplicated and unduplicated counts of juveniles. Since a juvenile may receive more than one referral in a given year and more than one referral may have the same disposition, the number of referrals and the number of juveniles at each stage will not be the same. Thus, the number of referrals gives a sense of the workload generated by these juveniles at each stage. Several graphs are included in this section to portray trends over the past six years. The first series of graphs shows data on referrals, juveniles referred, petitions filed and juveniles with petitions filed. Referrals may include more than one referral for a youth, whereas the juveniles referred figure shows the number of unique youth. The same distinction is made between petitions filed (includes counts of multiple petitions per youth) and juveniles with petitions filed (unduplicated). The second series of graphs shows the number of juveniles in each of four dispositions for each of the past six years. The number for each disposition is unduplicated, but, if a youth experienced more than one disposition during the year, he or she would be counted once in each disposition category. The last graph shows the pathways to adult court: judicial transfer, mandatory direct file, mandatory prior conviction direct file, chronic direct file, and discretionary direct file. Each pathway reflects the number of juveniles who were sent to adult court through that particular channel. While the number of juveniles in each pathway is unduplicated, a juvenile may appear in more than one pathway. In addition to this report that is published annually, other reports are available that describe some of the stages included herein. For example, the Juvenile Justice Services Division also publishes the Juvenile Intensive Probation Supervision (JIPS) Annual Report. Several special reports have also been completed over the past several years summarizing studies of specific juvenile programs or issues. These studies include: Choices on the Edge: Maryvale Community Assessment, the Arizona Juvenile Justice Evaluation, the PIC-ACT Study, the Juvenile Commitment Guidelines Departure Research Project, the Juvenile Justice Treatment Evaluation Pilot Project Outcomes Report, the Treatment Evaluation Pilot Project Final Report, the Survey of Arizona Juvenile Justice Service Providers, the Arizona Juvenile Transfer Study, the Initial Evaluation of Treatment Services for Juveniles Receiving Treatment in Arizona from January 1, 1994 to June 30, 1994, and the Empirical Validation of the Arizona Risk/Needs Instrument and Assessment Process.4 Juveniles Processed FY98, FY99, FY00, FY01, FY02 and FY03 are available on the Internet at http://www.supreme.state.az.us/jjsd/. Analysis of data on juveniles processed in the Arizona court system is ongoing in order to identify the treatment needs of juveniles, to determine what works in meeting those needs and obtaining the best outcomes, to identify the most cost effective allocation of resources and to develop the most effective partnerships with local communities to provide for public safety and juvenile accountability. Information from this report and others, in addition to past and ongoing studies, is important for public policy makers, juvenile justice professionals, and Arizona’s citizens to understand, formulate, and address current and future juvenile justice issues. 2 JUVENILE JUSTICE F LOW C HART Delinquent/ Incorrigible Act Action by Police, Parent and School Other Agency Diversion Not Filed County Attorney Review Adjust after Consequences Diversion Referral to Juvenile Court (Petition) Direct Filing as an Adult Arraignment Petition Filed as a Juvenile Transfer Hearing Advisory Hearing Remand to Adult Court Adjudication Hearing Dismissal Trial Disposition Hearing Probation Standard/Intensive Other Sanctions 3 Commitment to AZ Department of Juvenile Corrections This page intentionally left blank. ARIZONA JUVENILE C OURT ACTIVITY FY03 Intake: Received by Probation Department 75,027 Referrals 49,588 Juveniles Referrals (Physical) 13,464 Referrals 10,213 Juveniles Diversion 24,370 Referrals 21,923 Juveniles Dismissed 8,857 Referrals 7,206 Juveniles Referrals (Paper) 61,563 Referrals 44,512 Juveniles Petitions Filed 29,537 Petitions 17,903 Juveniles Penalty Only 509 Referrals 467 Juveniles Transfer to Adult Court 115 Referrals 97 Juveniles Standard Probation 14,454 Referrals 10,244 Juveniles JIPS 4,492 Referrals 2,432 Juveniles Direct Files in Adult Court 536 Referrals 470 Juveniles ADJC 1,368 Referrals 926 Juveniles Data Source: Arizona Supreme Court, Administrative Office of the Courts, Juvenile Justice Services Division; Fifteen Juvenile Courts’ Juvenile On-Line Tracking System (JOLTS), July 1, 2002 to June 30, 2003 4 Referrals, Petitions Filed and Juveniles Referred and Petitioned Fiscal Years 1998 - 2003 90,000 84,719 77,651 80,000 79,657 77,551 77,302 75,027 70,000 60,000 51,009 50,000 48,246 40,000 51,274 48,534 33,280 31,222 29,669 18,496 18,186 33,099 50,399 31,495 30,000 20,000 20,204 19,983 49,588 29,537 19,036 17,903 10,000 0 FY98 Referrals FY99 FY00 FY01 Juveniles Referred Petitions 5 FY02 FY03 Juveniles Petitioned Petitions Referrals 36,000 87,000 83,000 33,099 34,000 85,000 84,719 81,000 30,000 79,657 79,000 77,651 77,551 77,000 29,669 FY00 FY01 FY02 24,000 FY03 FY98 52,000 21,000 51,274 51,009 50,000 19,000 48,246 FY00 FY01 FY02 FY03 49,588 48,534 20,204 20,000 50,399 49,000 FY99 Juveniles Petitioned Juveniles Referred 51,000 29,537 26,000 75,000 FY99 31,495 31,222 28,000 77,302 75,027 FY98 33,280 32,000 18,000 48,000 17,000 47,000 16,000 46,000 19,983 18,496 19,036 18,186 17,903 15,000 FY98 FY99 FY00 FY01 FY02 FY03 FY98 6 FY99 FY00 FY01 FY02 FY03 The Number of Juveniles Dispositioned to Probation, Intensive Probation, ADJC and Adult court Fiscal Years 1998 - 2003 12,000 11,039 10,830 10,000 9,436 10,870 10,244 9,199 8,000 6,000 4,000 2,718 2,000 2,572 2,552 1,345 1,290 918 FY99 1,670 1,117 0 FY98 Standard Probation 2,549 2,512 2,432 1,081 1,018 926 811 671 575 567 FY00 FY01 FY02 FY03 Intensive Probation 7 ADJC Adult Court Standard Probation ADJC 13,000 11,000 9,000 1,800 10,870 9,199 10,830 1,500 11,039 10,244 1,200 9,436 7,000 1,345 1,290 1,081 900 5,000 1,018 926 600 3,000 300 1,000 -1,000 1,670 0 FY98 FY99 FY00 FY01 FY02 FY03 FY98 FY99 Intensive Probation 1,200 2,700 1,000 2,718 2,549 2,572 2,500 2,552 FY01 FY02 FY03 Adult Court 2,800 2,600 FY00 1,117 800 2,512 918 811 600 2,432 2,400 400 2,300 200 2,200 671 575 567 0 FY98 FY99 FY00 FY01 FY02 FY03 FY98 8 FY99 FY00 FY01 FY02 FY03 Pathways for Juveniles Transferred and/or Direct Filed in Adult Court Fiscal Years 1998 - 20035 400 350 359 352 329 321 300 263 227 250 283 224 256 200 219 199 185 150 120 100 111 50 43 141 99 89 81 65 65 46 41 35 FY00 FY01 FY02 97 46 40 0 FY98 Transfer FY99 Mandatory Mandatory-Prior 9 Chronic FY03 Discretionary JUVENILES REFERRED TO THE ARIZONA SUPERIOR COURT SYSTEM IN FY03 This section on Juveniles Referred to the Arizona Superior Court System reflects the characteristics of those juveniles, ages 8 through 17, who came into contact with the system in FY03. The juveniles are those for whom a report was submitted to the Juvenile Court alleging that the youth committed a delinquent act or demonstrated incorrigible behavior. Referrals can be made by police, parents, school officials, probation officers, other agencies or individuals requesting that the Juvenile Court assume jurisdiction over the youth’s conduct. Referrals can be “paper referrals” issued as citations or police reports to the Juvenile Court or “physical referrals” in which the juvenile is physically brought to the Juvenile Court. The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. County: Juveniles Referred FY03 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 282 1,553 1,753 923 437 84 204 24,680 2,218 1,128 9,193 2,325 702 1,737 2,369 .57% 3.13% 3.54% 1.86% .88% .17% .41% 49.77% 4.47% 2.27% 18.54% 4.69% 1.42% 3.50% 4.78% TOTAL 49,588 100.00% 10 Gender: Juveniles Referred FY03 Ethnicity: Juveniles Referred FY03 Male Female Unknown 32,800 16,788 0 66.15% 33.85% 0.00% TOTAL 49,588 100.00% Age: Juveniles Referred FY03 8 9 10 11 12 13 14 15 16 17 Unknown 270 459 734 1,259 2,595 4,734 6,959 8,938 10,444 12,607 589 0.54% 0.93% 1.48% 2.54% 5.23% 9.55% 14.03% 18.02% 21.06% 25.42% 1.19% TOTAL 49,588 100.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown 18,186 3,224 24,748 2,614 238 165 413 36.67% 6.50% 49.91% 5.27% 0.48% 0.33% 0.83% TOTAL 49,588 100.00% Education Status: Juveniles Referred FY03 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 34,297 2,965 76 97 123 57 25 11,948 69.16% 5.98% 0.15% 0.20% 0.25% 0.11% 0.05% 24.09% TOTAL 49,588 100.00% Demographic Characteristics: Juveniles Referred FY2003 70% 69% 66% 60% 50% 50% 46% 40% 37% 30% 34% 32% 20% 20% 10% 7% 5% 0% Gender Male Female Ethnicity Age Hispanic African American Anglo Native American 11 Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Juveniles Referred FY03 Severity of Most Serious Offense: Juveniles Referred FY03 0 1 2 3 4 5 6 7 8 or more 24,416 8,942 4,588 2,894 1,893 1,531 1,096 882 3,346 49.24% 18.03% 9.25% 5.84% 3.82% 3.09% 2.21% 1.78% 6.75% TOTAL 49,588 100.00% Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative 2,400 5,290 4,756 4,414 4,608 12,937 6,724 8,178 281 4.84% 10.67% 9.59% 8.90% 9.29% 26.09% 13.56% 16.49% 0.57% TOTAL 49,588 100.00% Offense Class of Most Serious Offense: Juveniles Referred FY03 Felony Misdemeanor Administrative Status Other 14,193 23,949 2,656 8,203 587 28.62% 48.30% 5.36% 16.54% 1.18% TOTAL 49,588 100.00% Prior Referrals & Types of Offenses: Juveniles Referred FY2003 50% 49% 48% 45% 40% 35% 33% 30% 29% 25% 24% 20% 18% 15% 17% 14% 10% 5% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 12 Class Felony Misdemeanor Status This page intentionally left blank. JUVENILES DETAINED BY THE JUVENILE COURT IN FY03 Juvenile detention is the temporary and secure custody of juveniles under the jurisdiction of the Juvenile Court who require a restricted environment for their own protection and the safety of the community. Responsibility for maintaining a juvenile detention center that is separate and apart from an adult jail or lockup is vested with the counties. Juvenile detention provides a range of services which supports the juvenile's physical, emotional, educational and social development. Supportive services minimally include: education, recreation, counseling, nutrition, medical and health services, reading, visitation, communication and continuous supervision. Juvenile detention also provides for a system of clinical observation and assessment. In Arizona, a juvenile may be detained for the following reasons: 1. If there is probable cause to believe that the juvenile committed the acts alleged in the petition, and there is reasonable cause to believe: a. That otherwise the juvenile would not be present at any hearing; b. That the juvenile is likely to commit an offense injurious to himself or others; c. That the juvenile must be held for another jurisdiction; or d. That the interests of the juvenile or the public require custodial protection. 2. As a condition of probation. Thirteen of the fifteen counties in Arizona maintain a juvenile secure care facility. Juveniles from two counties are transported to other jurisdictions when the need for secure custody is determined by the Court. These juveniles appear in their county’s data as well as in the data of the county in which they were detained. Additionally, some counties have entered into contracts and/or agreements with federal agencies, tribal cour ts, or other state agencies to house juveniles. These juveniles are reflected in the data that follows. 13 This page intentionally left blank. The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma County: Juveniles Detained FY03 147 367 356 343 190 27 37 6,186 388 256 2,288 787 253 547 741 TOTAL 12,913 14 1.14% 2.84% 2.76% 2.66% 1.47% 0.21% 0.29% 47.91% 3.00% 1.98% 17.72% 6.09% 1.96% 4.24% 5.74 % 100.00% Gender: Juveniles Detained FY03 Male Female Unknown TOTAL Ethnicity: Juveniles Detained FY03 9,614 3,299 0 74.45% 25.55% 0.00% 12,913 100.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown Age: Juveniles Detained FY03 8 9 10 11 12 13 14 15 16 17 Unknown TOTAL TOTAL 6 23 63 120 334 829 1,572 2,420 3,226 4,239 81 0.05% 0.18% 0.49% 0.93% 2.59% 6.42% 12.17% 18.74% 24.98% 32.83% 0.63% 12,913 100.00% 5,497 1,065 5,455 783 40 35 38 42.57% 8.25% 42.24% 6.06% 0.31% 0.27% 0.29% 12,913 100.00% Education Status: Juveniles Detained FY03 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown TOTAL 5,979 1,240 32 52 54 16 15 5,525 46.30% 9.60% 0.25% 0.40% 0.42% 0.12% 0.12% 42.79% 12,913 100.00% Demographic Characteristics: Juveniles Detained FY2003 80% 70% 74% 60% 58% 50% 46% 43% 40% 42% 30% 31% 26% 20% 10% 8% 11% 6% 0% Gender Male Female Ethnicity Age Hispanic African American Anglo Native American 15 Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Juveniles Detained FY03 0 1 2 3 4 5 6 7 8 or more TOTAL 2,059 1,159 953 727 633 527 448 386 1,765 23.78% 13.39% 11.01% 8.40% 7.31% 6.09% 5.18% 4.46% 20.39% *8,657 100.00% Severity of Most Serious Offense: Juveniles Detained FY03 Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative TOTAL 1,106 1,691 1,773 1,195 922 1,153 466 196 155 12.78% 19.53% 20.48% 13.80% 10.65% 13.32% 5.38% 2.26% 1.79% *8,657 100.00% Offense Class of Most Serious Offense: Juveniles Detained FY03 Felony 4,326 49.97% Misdemeanor 2,837 32.77% Administrative 1,244 14.37% Status 193 2.23% Other 57 0.66% TOTAL *8,657 100.00% Prior Referrals & Types of Offenses: Juveniles Detained FY2003 50% 50% 45% 43% 40% 35% 33% 33% 30% 27% 25% 24% 25% 20% 15% 10% 2% 5% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Class Felonies & Misd. Against: Person Property Felony Misdemeanor Status *Not all juveniles are detained as a result of the current referral. They can also be detained as court holds, on warrant, for another jurisdiction, or as a probation consequence. Therefore, tables related to referrals reflect 9,099 of the 13,660 juveniles detained. 16 This page intentionally left blank. JUVENILES DIVERTED IN FY03 Diversion is a process which allows a juvenile to avoid formal court processing and to have the referral alleging an offense adjusted if the juvenile completes one or more conditions. To adjust is to dispose of a case without the juvenile being required to go to court. If a referral is adjusted, a petition is not filed. A petition is a document filed by the county attorney, which seeks to have a juvenile adjudicated as a delinquent or incorrigible child. The conditions to be completed are the consequences assigned in response to the juvenile’s behavior. A.R.S. §8-321 provides the statutory authority and requirements for determining which juveniles can be diverted and the conditions that must be met. The major requirements of A.R.S. §8-321 are briefly summarized as follows: 1. The county attorney decides which juveniles accused of committing an incorrigible or delinquent act to divert to a community based alternative program operated by the county attorney or to a diversion program administered by the Juvenile Court. A juvenile identified as a chronic or violent offender, or who is alleged to have violated A.R.S. §28692 (DUI) is not eligible for diversion. 2. The juvenile probation officer is required to submit a referral to the county attorney for alleged offenses that have been identified as not eligible for diversion. The county attorney is able to return a case to the juvenile probation officer for further action if prosecution is declined. 3. The juvenile probation officer is mandated to conduct an interview with a juvenile diverted to the Juvenile Court and the juvenile’s parent(s) or guardian. If, during the interview, the juvenile acknowledges responsibility for the offense (based on the referral), the probation/intake officer may choose to begin the process of adjusting the referral. Adjustment of the referral can occur only after the juvenile completes one or more conditions (consequences), as assigned by the probation/intake officer. The consequences could be one or more of the following: a. Participation in unpaid community service work. b. Participation in a counseling program, which is designed to strengthen family relationships and to prevent repetitive juvenile delinquency. c. Participation in an education program, approved by the court, which has as its goal the prevention of further delinquent behavior. d. Participation in an education program, approved by the court, which is designed to deal with ancillary problems experienced by the juvenile, such as alcohol or drug abuse. 17 e. Participation in a non-residential program of rehabilitation or supervision offered by the court or offered by the community youth serving agency and approved by the court. f. Payment of restitution to the victim of the delinquent act. g. Payment of a monetary assessment. 4. The county attorney or the Juvenile Court, in cooperation with the county attorney, can establish community based alternative programs. Community based alternative programs and diversion programs must ensure that the participation of both the juvenile and victim are voluntary, and that the juvenile accepts responsibility for the delinquent or incorrigible act. 5. The participants in a community based alternative program agree on any legally reasonable consequence for the juvenile offender, with the exception of confinement. The program participants, juvenile and juvenile’s parents(s) or guardian and victim may sign a written contract agreeing on resolution of the matter in which the parent(s) or guardian agree to ensure that the juvenile complies with the contract. 6. If a juvenile complies with the consequences set forth by the probation officer or community based alternative program, the county attorney will not file a petition in Juvenile Court. 18 The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. County: Juveniles Diverted FY03 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 97 974 852 386 159 18 120 10,952 673 283 4,655 701 187 918 948 0.44% 4.44% 3.89% 1.76% 0.73% 0.08% 0.55% 49.96% 3.07% 1.29% 21.23% 3.20% 0.85% 4.19% 4.32% TOTAL 21,923 100.00% 19 Gender: Juveniles Diverted FY03 Ethnicity: Juveniles Diverted FY03 Male Female Unknown 13,243 8,680 0 60.41% 39.59% 0.00% TOTAL 21,923 100.00% Age: Juveniles Diverted FY03 8 9 10 11 12 13 14 15 16 17 Unknown TOTAL 169 288 436 776 1,624 2,702 3,638 4,321 4,133 3,693 143 0.77% 1.31% 1.99% 3.54% 7.41% 12.32% 16.59% 19.71% 18.85% 16.85% 0.65% 21,923 100.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown 7,775 1,325 11,319 1,023 134 88 259 35.47% 6.04% 51.63% 4.67% 0.61% 0.40% 1.18% TOTAL 21,923 100.00% Education Status: Juveniles Diverted FY03 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 16,239 436 10 31 9 12 3 5,183 74.07% 1.99% 0.05% 0.14% 0.04% 0.05% 0.01% 23.64% TOTAL 21,923 100.00% Demographic Characteristics: Juveniles Diverted FY2003 80% 74% 70% 60% 60% 50% 40% 52% 40% 36%36% 35% 30% 27% 20% 10% 6% 5% 0% Gender Male Female Ethnicity Age Hispanic African American Anglo Native American 20 Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Juveniles Diverted FY03 Severity of Most Serious Offense: Juveniles Diverte d FY03 0 1 2 3 4 5 6 7 8 or more 15,036 4,352 1,357 507 211 132 67 60 201 68.59% 19.85% 6.19% 2.31% .96% 0.60% 0.31% 0.27% 0.92% TOTAL 21,923 100.00% Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative TOTAL Offense Class of Most Serious Offense: Juveniles Diverted FY03 Felony Misdemeanor Administrative Status Other 3,005 13,107 283 5,465 63 13.71% 59.79% 1.29% 24.93% 0.29% TOTAL 21,923 100.00% Prior Referrals & Types of Offenses: Juveniles Diverted FY2003 70% 69% 60% 60% 50% 40% 30% 28% 27% 25% 20% 14% 10% 10% 3% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 21 Class Felony Misdemeanor Status 226 743 171 1,973 1,821 6,457 5,076 5,453 3 1.03% 3.39% 0.78% 9.00% 8.31% 29.45% 23.15% 24.87% 0.01% 21,923 100.00% This page intentionally left blank. JUVENILES WITH PETITIONS FILED IN FY03 A petition is a legal document filed in the juvenile court alleging that a referred juvenile is a delinquent, incorrigible, or dependent child and requesting the court to assume jurisdiction over the youth. The petition initiates the formal court hearing process of the juvenile court, and is prepared by the county attorney who determines what charges to bring against the juvenile. Juveniles Processed reports petition data on delinquent and incorrigible youth only. A youth, under the age of 18, has committed a delinquent act if that same act committed by an adult would be a criminal offense. An incorrigible youth is one who commits an offense which would not be considered a crime if he or she were an adult. Typically, incorrigible youth are juveniles who are habitually truant from school, run away from home, or violate curfew. In addition, juveniles who refuse to obey the reasonable and proper direction of their parents or guardians can be considered incorrigible. Information on dependent youth can be found in the Administrative Office of the Courts, Dependent Children’s Services Division’s Annual Reports. The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma County: Petitions Filed FY03 112 453 563 344 229 46 69 8,699 592 417 3,280 979 411 612 1,097 TOTAL 17,903 22 0.63% 2.53% 3.14% 1.92% 1.28% 0.26% 0.39% 48.59% 3.31% 2.33% 18.32% 5.47% 2.30% 3.42% 6.13% 100.00% Gender: Petitions Filed FY03 Ethnicity: Petitions Filed FY03 Male Female Unknown 13,186 4,717 0 73.65% 26.35% 0.00% TOTAL 17,903 100.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown Age: Petitions Filed FY03 8 9 10 11 12 13 14 15 16 17 Unknown TOTAL TOTAL 29 79 147 301 663 1,490 2,445 3,458 4,345 4,917 29 0.16% 0.44% .82% 1.68% 3.70% 8.32% 13.66% 19.32% 24.27% 27.46% 0.16% 17,903 100.00% 7,328 1,320 8,111 966 68 45 65 40.93% 7.37% 45.31% 5.40% 0.38% 0.25% 0.36% 17,903 100.00% Education Status: Petitions Filed FY03 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 13,403 1,914 52 61 75 22 19 2,357 74.86% 10.69% 0.29% 0.34% 0.42% 0.12% 0.11% 13.17% TOTAL 17,903 100.00% Demographic Characteristics: Petitions Filed FY2003 80% 70% 75% 74% 60% 52% 50% 45% 40% 41% 33% 30% 26% 20% 15% 10% 7% 5% 0% Gender Male Female Ethnicity Age Hispanic African American Anglo Native American 23 Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Petitions Filed FY03 0 1 2 3 4 5 6 7 8 or more TOTAL Severity of Most Serious Offense: Petitions Filed FY03 4,014 2,933 2,441 1,878 1,381 1,152 904 662 2,538 22.42% 16.38% 13.63% 10.49% 7.71% 6.43% 5.05% 3.70% 14.18% 17,903 100.00% Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative TOTAL Offense Class of Most Serious Offense: Petitions Filed FY03 Felony Misdemeanor Administrative Status Other TOTAL 7,566 7,087 2,403 803 44 42.26% 39.59% 13.42% 4.49% 0.25% 17,903 100.00% Prior Referrals & Types of Offenses: Petitions Filed FY2003 45% 40% 42% 41% 40% 37% 35% 30% 27% 25% 22% 20% 18% 15% 10% 5% 4% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 24 Class Felony Misdemeanor Status 1,306 3,443 4,422 1,837 2,048 2,704 1,317 786 40 7.29% 19.23% 24.70% 10.26% 11.44% 15.10% 7.36% 4.39% 0.22% 17,903 100.00% This page intentionally left blank. JUVENILES WITH DISPOSITIONS OF DISMISSED IN FY03 Referrals and petitions against juveniles can be dismissed. Dismissal means that further consideration or hearings regarding the charge are discontinued or discharged, and further action is not taken. Dismissal of petitions can occur during the advisory or adjudication hearing process. It is possible that the charge could be dismissed for lack of evidence during either of these hearings. Similarly, a juvenile could have more than one charge pending. In this situation, the juvenile's attorney could initiate a process with the county attorney, which could result in dismissal of one charge while receiving a disposition (i.e., penalty only, probation, JIPS, or commitment to ADJC) on a second charge. Non-petition referrals can also be dismissed. Dismissal may occur for such reasons as the juvenile cannot be located, or is transferred to another jurisdiction prior to adjudication, or the county attorney did not file (e.g., the victim refused prosecution). The data that follow reflect only court dismissals. The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma County: Disposition of Dismissed FY03 99 179 172 120 53 22 45 3,779 238 158 1,161 451 220 199 310 TOTAL 7,206 25 1.37% 2.48% 2.39% 1.67% 0.74% 0.31% 0.62% 52.44% 3.30% 2.19% 16.11% 6.26% 3.05% 2.76% 4.30% 100.00% Gender: Disposition of Dismissed FY03 Ethnicity: Disposition of Dismissed FY03 Male Female Unknown 5,141 2,065 0 71.34% 28.66% 0.00% TOTAL 7,206 100.00% Age: Disposition of Dismissed FY03 8 9 10 11 12 13 14 15 16 17 Unknown 8 35 80 134 290 576 969 1,289 1,559 1,830 436 0.11% 0.49% 1.11% 1.86% 4.02% 7.99% 13.45% 17.89% 21.63% 25.40% 6.05% TOTAL 7,206 100.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown 2,745 557 3,488 344 22 23 27 38.09% 7.73% 48.40% 4.77% 0.31% 0.32% 0.37% TOTAL 7,206 100.00% Education Status: Disposition of Dismissed FY03 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 5,119 654 20 22 36 10 4 1,341 71.04% 9.08% 0.28% 0.31% 0.50% 0.14% 0.06% 18.61% TOTAL 7,206 100.00% Demographic Characteristics: Disposition of Dismissed FY2003 80% 70% 71% 71% 60% 50% 48% 47% 40% 38% 30% 31% 29% 20% 16% 10% 8% 5% 0% Gender Male Female Ethnicity Age Hispanic African American Anglo Native American 26 Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Disposition of Dismissed FY03 Severity of Most Serious Offense: Disposition of Dismissed FY03 0 1 2 3 4 5 6 7 8 or more 2,087 1,307 886 637 506 413 303 244 823 28.96% 18.14% 12.30% 8.84% 7.02% 5.73% 4.20% 3.39% 11.42% TOTAL 7,206 100.00% Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative 375 752 1,312 757 582 1,703 744 962 19 5.20% 10.44% 18.21% 10.51% 8.08% 23.63% 10.32% 13.35% 0.26% TOTAL 7,206 100.00% Offense Class of Most Serious Offense: Disposition of Dismissed FY03 Felony Misdemeanor Administrative Status Other 1,925 3,196 1,018 962 105 26.71% 44.35% 14.13% 13.35% 1.46% TOTAL 7,206 100.00% Prior Referrals & Types of Offenses: Disposition of Dismissed FY2003 45% 44% 40% 39% 35% 30% 32% 29% 27% 25% 20% 21% 15% 16% 13% 10% 5% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 27 Class Felony Misdemeanor Status This page intentionally left blank. JUVENILES WITH DISPOSITIONS OF PENALTY ONLY IN FY03 Adjudicated juveniles may receive a disposition of penalty only. Penalties may include but are not limited to monetary fines, community service work, and/or participation in various treatment programs to change the juvenile’s behavior. Juveniles with dispositions of penalty only are not assigned to a diversion program, nor are they placed on Standard Probation, Juvenile Intensive Probation Supervision (JIPS), or committed to the Arizona Department of Juvenile Corrections. The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma County: Disposition of Penalty Only FY03 3 37 47 2 6 1 1 182 0 10 27 92 11 3 45 TOTAL 467 28 0.64% 7.92% 10.06% 0.43% 1.28% 0.21% 0.21% 38.97% 0.00% 2.14% 5.78% 19.70% 2.36% 0.64% 9.64% 100.00% Gender: Disposition of Penalty Only FY03 Ethnicity: Disposition of Penalty Only FY03 Male Female Unknown 343 124 0 73.45% 26.55% 0.00% TOTAL 467 100.00% Age: Disposition of Penalty Only FY03 8 9 10 11 12 13 14 15 16 17 Unknown 0 0 2 7 10 17 32 39 76 270 14 0.00% 0.00% 0.43% 1.50% 2.14% 3.64% 6.85% 8.35% 16.27% 57.82% 3.00% TOTAL 467 100.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown 172 33 233 29 0 0 0 36.83% 7.07% 49.89% 6.21% 0.00% 0.00% 0.00% TOTAL 467 100.00% Education Status: Disposition of Penalty Only FY03 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 314 64 0 2 2 4 2 79 67.24% 13.70% 0.00% 0.43% 0.43% 0.86% 0.43% 16.92% TOTAL 467 100.00% Demographic Characteristics: Disposition of Penalty Only FY2003 80% 70% 74% 73% 67% 60% 50% 50% 40% 37% 30% 27% 20% 15% 10% 7% 8% 6% 0% Gender Male Female Ethnicity Age Hispanic African American Anglo Native American 29 Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Disposition of Penalty Only FY03 0 1 2 3 4 5 6 7 8 or more 108 58 62 44 44 28 21 13 89 23.13% 12.42% 13.28% 9.42% 9.42% 6.00% 4.50% 2.78% 19.06% TOTAL 467 100.00% Severity of Most Serious Offense: Disposition of Pe nalty Only FY03 Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative 15 42 80 42 49 160 46 31 2 3.21% 8.99% 17.13% 8.99% 10.49% 34.26% 9.85% 6.64% 0.43% TOTAL 467 100.00% Offense Class of Most Serious Offense: Disposition of Penalty Only FY03 Felony Misdemeanor Administrative Status Other 121 238 75 31 2 25.91% 50.96% 16.06% 6.64% 0.43% TOTAL 467 100.00% Prior Referrals & Types of Offenses: Disposition of Penalty Only FY2003 60% 51% 50% 42% 40% 35% 30% 26% 20% 23% 19% 12% 10% 7% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 30 Class Felony Misdemeanor Status This page intentionally left blank. JUVENILES WITH DISPOSITIONS OF STANDARD PROBATION IN FY03 6 Probation is defined as conditional freedom granted by the juvenile court to an adjudicated juvenile on the condition of continued good behavior and regular reporting to a probation officer. The core tenets of juvenile probation are: protection of the community, the belief that youth can make positive changes in their behavior, fostering law-abiding 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. Juveniles placed on probation must comply with specific terms and conditions. Although every probation treatment plan is customized to address the needs of each individual juvenile, some standard terms and conditions apply to all cases. The standard terms and conditions include scheduled contacts with a probation officer, maintaining law abiding behavior, and paying restitution to the victim. Additional terms may also be imposed depend ing on individual juvenile needs, such as: mandatory drug testing, curfew, school attendance, community service hours, letters of apology, attendance at counseling or treatment sessions, and restrictions on acquaintances. Once a juvenile has been placed on probation, the juvenile probation officer monitors the juvenile's compliance with the terms and conditions of their probation. The probation officer works closely with the juvenile and their family as well as members of the community including teachers, victims, treatment providers and others involved in the life of the juvenile and their family. The court can impose multiple restrictions and provide resources to help the juvenile. If the youth does not choose to comply or chooses to continue violating the law, the probation officer will refer the juvenile back to the court. The court may in turn impose more severe liberty restrictions, including detention, placement in the JIPS program or commitment to the Arizona Department of Juvenile Corrections. 31 This page intentionally left blank. The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma County: Disposition of Standard Probation FY03 68 178 391 173 174 34 35 5,575 246 292 1,777 262 242 286 511 TOTAL 10,244 32 0.66% 1.74% 3.82% 1.69% 1.70% 0.33% 0.34% 54.42% 2.40% 2.85% 17.35% 2.56% 2.36% 2.79% 4.99% 100.00% Gender: Disposition of Standard Probation FY03 Male Female Unknown TOTAL Ethnicity: Disposition of Standard Probation FY03 7,504 2,740 0 73.25% 26.75% 0.00% 10,244 100.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown TOTAL Age: Disposition of Standard Probation FY03 8 9 10 11 12 13 14 15 16 17 Unknown TOTAL 3 9 42 109 327 848 1,447 2,032 2,528 2,885 14 0.03% 0.09% 0.41% 1.06% 3.19% 8.28% 14.13% 19.84% 24.68% 28.16% 0.14% 10,244 100.00% 3,991 757 4,828 564 45 35 24 38.96% 7.39% 47.13% 5.51% 0.44% 0.34% 0.23% 10,244 100.00% Education Status: Disposition of Standard Probation FY03 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown TOTAL 8,030 887 26 29 33 6 6 1,227 78.39% 8.66% 0.25% 0.28% 0.32% 0.06% 0.06% 11.98% 10,244 100.00% Demographic Characteristics: Disposition of Standard Probation FY2003 80% 78% 70% 73% 60% 53% 50% 47% 40% 39% 34% 30% 27% 20% 13% 10% 7% 6% 0% Gender Male Female Ethnicity Age Hispanic African American Anglo Native American 33 Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Disposition of Standard Probation FY03 0 1 2 3 4 5 6 7 8 or more TOTAL 2,238 1,914 1,675 1,268 920 633 478 301 817 21.85% 18.68% 16.35% 12.38% 8.98% 6.18% 4.67% 2.94% 7.98% 10,244 100.00% Severity of Most Serious Offense: Disposition of Standard Probation FY03 Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative TOTAL 767 2,076 2,214 883 1,353 1,561 821 416 153 7.49% 20.27% 21.61% 8.62% 13.21% 15.24% 8.01% 4.06% 1.49% 10,244 100.00% Offense Class of Most Serious Offense: Disposition of Standard Probation FY03 Felony Misdemeanor Administrative Status Other TOTAL 4,825 3,556 1,291 417 155 47.10% 34.71% 12.60% 4.07% 1.51% 10,244 100.00% Prior Referrals & Types of Offenses: Disposition of Standard Probation FY2003 50% 47% 47% 45% 40% 35% 35% 31% 30% 28% 25% 20% 22% 16% 15% 10% 5% 4% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 34 Class Felony Misdemeanor Status This page intentionally left blank. JUVENILES WITH DISPOSITIONS OF JIPS IN FY03 6 Juvenile Intensive Probation Supervision (JIPS) is a sentencing consequence used by the juvenile court judges for those youth who are in need of a higher level of supervision and a highly structured program. The program was enacted into law in 1987. The intent of this legislation was to create a program which would allow juvenile delinquents to remain at home under increased supervision and structure rather than be placed in either a residential treatment fa cility or the Arizona Department of Juvenile Corrections (ADJC). Financial considerations weighed heavily in the formation of the program, as JIPS is a less costly alternative than ADJC or residential treatment. JIPS differs from standard probation in the increased frequency of face to face contacts between the juvenile and the JIPS officer, the requirement to actively participate in 32 hours of structured activities per week, the liberty restrictions concerning unsupervised time out of the home, the frequency of drug testing on demand, and the lower caseload ratio. Additional information about the program is available in the JIPS Annual Report. The figures reported in the JIPS Annual Report may differ from those reported in Juveniles Processed because the JIPS Annual Report includes all juveniles whose cases were active during the fiscal year. The Juveniles Processed report includes only juveniles dispositioned to JIPS during the fiscal year. Disposition or placement on JIPS is usually reserved for certain situations. Specifically, only juveniles who are adjudicated for delinquent acts or for violations of probation originating from a delinquent act are eligible for JIPS. The first type of youth placed in the program is one who would otherwise have been recommended for placement in an out-of- home institutional or residential setting. The second type of youth is one who, when considering the nature of the offense, their prior delinquent history, or risk to the community, have demonstrated a need for a highly structured, closely supervised program of probation emphasizing surveillance, education, work, and home detention. A third discreet category of youth placed on JIPS are those adjudicated for a second felony offense. In these cases, the Juvenile Court is limited to the three choices cited in A.R.S. §8-341. These options are JIPS, ADJC or prosecution as an adult. 35 This page intentionally left blank. The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma County: Disposition of JIPS FY03 22 109 55 44 32 9 6 1,087 114 72 347 137 38 125 235 TOTAL 2,432 36 0.90% 4.48% 2.26% 1.81% 1.32% 0.37% 0.25% 44.70% 4.69% 2.96% 14.27% 5.63% 1.56% 5.14% 9.66% 100.00% Gender: Disposition of JIPS FY03 Ethnicity: Disposition of JIPS FY03 Male Female Unknown 2,013 419 0 82.77% 17.23% 0.00% TOTAL 2,432 100.00% Age: Disposition of JIPS FY03 8 9 10 11 12 13 14 15 16 17 Unknown TOTAL 0 0 2 6 37 125 290 554 665 752 1 0.00% 0.00% 0.08% 0.25% 1.52% 5.14% 11.92% 22.78% 27.34% 30.92% 0.04% 2,432 100.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown 1,087 181 1,047 103 5 8 1 44.70% 7.44% 43.05% 4.24% 0.21% 0.33% 0.04% TOTAL 2,432 100.00% Education Status: Disposition of JIPS FY03 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 1,788 407 11 13 13 4 3 193 73.52% 16.74% 0.45% 0.53% 0.53% 0.16% 0.12% 7.94% TOTAL 2,432 100.00% Demographic Characteristics: Disposition of JIPS FY2003 90% 80% 83% 74% 70% 60% 58% 50% 45% 40% 43% 35% 30% 20% 17% 10% 7% 4% 7% 0% Gender Male Female Ethnicity Age Hispanic African American Anglo Native American 37 Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Disposition of JIPS FY03 0 1 2 3 4 5 6 7 8 or more TOTAL Severity of Most Serious Offense: Disposition of JIPS FY03 86 128 166 216 260 298 252 216 810 3.54% 5.26% 6.83% 8.88% 10.69% 12.25% 10.36% 8.88% 33.31% 2,432 100.00% Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative 232 578 1,119 82 204 147 54 4 12 9.54% 23.77% 46.01% 3.37% 8.39% 6.04% 2.22% 0.16% 0.49% TOTAL 2,432 100.00% Offense Class of Most Serious Offense: Disposition of JIPS FY03 Felony Misdemeanor Administrative Status Other 1,218 447 752 4 11 50.08% 18.38% 30.92% 0.16% 0.45% TOTAL 2,432 100.00% Prior Referrals & Types of Offenses: Disposition of JIPS FY2003 80% 75% 70% 60% 50% 50% 40% 30% 26% 20% 21% 18% 13% 10% 4% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 38 Class Felony Misdemeanor Status This page intentionally left blank. JUVENILES WITH DISPOSITIONS TO ADJC IN FY03 Disposition of a juvenile to the Arizona Department of Juvenile Corrections (ADJC) is governed by statute and the Arizona Judicial Code of Administration. Arizona Revised Statutes §8-342 (A) provides: “A child under the age of eight years shall not be committed to the department of juvenile corrections nor shall a dependent or incorrigible child be awarded to the department of juvenile corrections.” Arizona Revised Statutes §8-246(C), as amended, mandates: 1) the use of risk and needs assessment to determine appropriate disposition of juveniles; 2) development of commitment guidelines for use by juvenile court judges for dispositions of juveniles to ADJC; and 3) development of length of stay guidelines consistent with treatment and public safety concerns. The primary purpose of the commitment guidelines is to prescribe factors the court must consider, in addition to other relevant facts, when committing youth to the care and custody of ADJC. The legislative intent is that commitment to ADJC should be reserved for those juveniles whom the court believes need placement in a secure care facility for the protection of the public. The commitment guidelines as revised and adopted in July, 2001 and documented in the Arizona Code of Judicial Administration Part 6, Chapter 3, Section 6-304 are as follows: 1. When considering the commitment of a juvenile to the care and custody of ADJC, the juvenile court shall: a. Only commit those juveniles who are adjudicated for a delinquent act and whom the court believes require placement in a secure care facility for the protection of the community; b. Consider commitment to ADJC as a final opportunity for rehabilitation of the juvenile, as well as a way of holding the juvenile accountable for a serious delinquent act or acts; c. Give special consideration to the nature of the offense, the level of risk the juvenile poses to the community, and whether appropriate less restrictive alternatives to commitment exist within the community; and d. Clearly identify, in the commitment order, the offense or offenses for which the juvenile is being committed and any other relevant factors that the court determines as reasons to consider the juvenile a risk to the community. 2. The juvenile court shall not consider juveniles for commitment to ADJC when charged with an incorrigible offense(s) or a violation of a court order while under protective supervision for an incorrigible offense. 39 This page intentionally left blank. The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma County: Disposition to ADJC FY03 3 28 22 16 7 3 2 392 35 23 251 58 10 36 40 TOTAL 926 40 0.32% 3.02% 2.38% 1.73% 0.76% 0.32% 0.22% 42.33% 3.78% 2.48% 27.11% 6.26% 1.08% 3.89% 4.32% 100.00% Gender: Disposition to ADJC FY03 Ethnicity: Disposition to ADJC FY03 Male Female Unknown 825 101 0 89.09% 10.91% 0.00% TOTAL 926 100.00% Age: Disposition to ADJC FY03 8 9 10 11 12 13 14 15 16 17 Unknown 0 0 0 0 4 12 76 190 314 330 0 0.00% 0.00% 0.00% 0.00% 0.43% 1.30% 8.21% 20.52% 33.91% 35.64% 0.00% TOTAL 926 100.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown 488 89 313 32 1 2 1 52.70% 9.61% 33.80% 3.46% 0.11% 0.22% 0.11% TOTAL 926 100.00% Education Status: Disposition to ADJC FY03 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 572 231 6 11 9 2 1 94 61.77% 24.95% 0.65% 1.19% 0.97% 0.22% 0.11% 10.15% TOTAL 926 100.00% Demographic Characteristics: Disposition to ADJC FY2003 90% 89% 80% 70% 70% 60% 62% 53% 50% 40% 34% 30% 29% 20% 10% 11% 10% 3% 0% Gender Male Female Ethnicity 2% Age Hispanic African American Anglo Native American 41 Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Disposition to ADJC FY03 Severity of Most Serious Offense: Disposition to ADJC FY03 0 1 2 3 4 5 6 7 8 or more 20 27 33 44 46 69 76 81 530 2.16% 2.92% 3.56% 4.75% 4.97% 7.45% 8.21% 8.75% 57.24% TOTAL 926 100.00% Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative 83 238 432 30 67 58 12 3 3 8.96% 25.70% 46.65% 3.24% 7.24% 6.26% 1.30% 0.32% 0.32% TOTAL 926 100.00% Offense Class of Most Serious Offense: Disposition to ADJC FY03 Felony Misdemeanor Administrative Status Other 474 123 324 3 2 51.19% 13.28% 34.99% 0.32% 0.22% TOTAL 926 100.00% Prior Referrals & Types of Offenses: Disposition to ADJC FY2003 90% 87% 80% 70% 60% 51% 50% 40% 30% 27% 20% 11% 10% 13% 12% 2% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 42 Class Felony Misdemeanor Status This page intentionally left blank. JUVENILES DIRECT FILED IN AND TRANSFERRED TO ADULT COURT IN FY03 Statutory provisions specify circumstances for trying juveniles as if they were adults in criminal court. Juveniles may be either direct filed in or transferred to adult court. The provisions are summarized below, with more detail in the two sections that follow. This section provides an overview of these two groups of youth. Juveniles Direct Filed in Adult Court Juveniles Transferred to Adult Court The circumstances for trying juveniles as if they were adults are presented here as pathways to adult court. Essentially, five pathways have been identified. They are briefly described below. The numbers of youth who were filed in adult court through one of these pathways are presented on the next page. Since the Direct Filed section and the Transfer section include all dispositions specific to those sections, the tables in this section include duplicate counts.1 Pathways to Adult Court • Mandatory: Juveniles ages 15, 16, or 17 who commit a specified violent crime must be filed in adult court. • Mandatory Prior: Juveniles previously convicted in adult court must be returned to adult court for any subsequent crimes or violations of probation. • Chronic: Juveniles ages 15, 16 or 17 who have two prior felony adjudications in juvenile court and are arrested for a third felony must go to adult court. • Discretion of County Attorney: Juveniles who are 14 and chronic offenders or are 14 or older and commit one of a list of specified offenses may be filed in adult court. • Transfer: Juveniles who do not meet the above criteria may still be transferred by the juvenile court depending on a number of factors such as the type and severity of the offense and the juvenile’s record and previous history. The county attorney may request an order of the juvenile court transferring jurisdiction to the criminal division of the Superior Court for prosecution of any juvenile charged with a felony. 43 This page intentionally left blank. Pathways for Juveniles Filed in Adult Court FY03 Pathways Transfer Mandatory Mandatory - Prior Chronic Discretionary Number of Juveniles 97 185 46 40 199 TOTAL % of Total *567 2.55% 39.36% 9.79% 8.51% 39.79% 100.00% County: Direct Filed in and Transferred to Adult Court FY03 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL 0 15 6 12 1 1 0 353 8 5 106 23 7 9 21 0.00% 2.65% 1.06% 2.12% 0.18% 0.18% 0.00% 62.26% 1.41% 0.88% 18.69% 4.06% 1.23% 1.59% 3.70% *567 100.00% *The number of juveniles in these tables are a duplicated count. A youth could be counted twice because of the possibility of being both direct filed and transferred to adult court during a single fiscal year. 44 This page intentionally left blank. JUVENILES DIRECT FILED IN ADULT COURT IN FY03 The fiscal year beginning July 1, 1997 brought dramatic changes to the juvenile justice system due to the passage of Proposition 102 in November, 1996 and the subsequent enabling legislation effective July 21, 1997. Among the provisions of the constitutional amendment was the prosecution as an adult of any juvenile age 15 or older accused of murder, forcible sexual assault, armed robbery or other violent offenses. Direct filings of juveniles in adult court in FY97 were restricted to juveniles who were charged with murder, forcible sexual assault and armed robbery. The addition of filings of juveniles in adult court for “other violent offenses” is based on the definitions contained in the enabling legislation, Senate Bill 1446. Arizona Revised Statutes §13-501 mandate that the “county attorney shall bring criminal prosecution against a juvenile in the same manner as an adult if the juvenile is fifteen, sixteen, or seventeen years of age and is accused of any of the following offenses”: 1. First degree murder; 2. Second degree murder; 3. Forcible sexual assault; 4. Armed robbery; 5. Any other violent offenses, defined as aggravated assault A.R.S. §13-1204 A.1., aggravated assault with a deadly weapon A.R.S. §13-1204 A.2., drive by shooting, and discharging a firearm at a structure; 6. A felony offense committed by a chronic offender, defined as a juvenile who has two prior and separate adjudications; 7. Any offense that is properly joined to the above offenses. These offense categories are used to define pathways to (or filings in) adult court referred to as Mandatory (1 through 5 and 7) and Chronic (6). Furthermore, the county attorney has the discretion to bring criminal prosecution against fourteen (14) year old juveniles accused of the offenses enumerated above. Criminal prosecution may also be brought against juveniles fourteen or older who have been accused of class 1 or class 2 felonies or of selected class 3, 4, 5, and 6 felonies. These are referred to as Discretionary filings. In addition, criminal prosecution may be brought against any juvenile with a prior conviction in adult court. These are referred to as Mandatory Prior Conviction filings. 45 This page intentionally left blank. The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. County: Juveniles Direct Filed in Adult Court FY03 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 0 11 6 1 1 1 0 301 4 4 96 22 7 5 11 0.00% 2.34% 1.28% 0.21% 0.21% 0.21% 0.00% 64.04% 0.85% 0.85% 20.43% 4.68% 1.49% 1.06% 2.34% TOTAL 470 100.00% 46 Gender: Juveniles Direct Filed FY03 Ethnicity: Juveniles Direct Filed FY03 Male Female Unknown 441 29 0 93.83% 6.17% 0.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown 271 53 121 23 0 1 1 57.66% 11.28% 25.74% 4.89% 0.00% 0.21% 0.21% TOTAL 470 100.00% Age: Juveniles Direct Filed FY03 8 0 0.00% 9 0 0.00% 10 0 0.00% 11 0 0.00% 12 0 0.00% 13 0 0.00% 14 10 2.13% 15 52 11.06% 16 130 27.66% 17 269 57.23% Unknown 9 1.91% TOTAL 470 100.00% Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 231 154 0 3 1 1 1 79 49.15% 32.77% 0.00% 0.64% 0.21% 0.21% 0.21% 16.81% TOTAL TOTAL 470 100.00% 470 Education Status: Juveniles Direct Filed FY03 100.00% Demographic Characteristics: Juveniles Direct Filed in Adult Court FY2003 100% 90% 94% 85% 80% 70% 60% 58% 50% 49% 40% 30% 26% 20% 10% 13% 11% 6% 5% 0% Gender Male Female Ethnicity Hispanic African American Anglo Native American 47 Age Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Juveniles Direct Filed FY03 Severity of Most Serious Offens e: Juveniles Direct Filed FY03 0 1 2 3 4 5 6 7 8 or more 88 49 39 33 28 23 30 28 152 18.72% 10.43% 8.30% 7.02% 5.96% 4.89% 6.38% 5.96% 32.34% TOTAL 470 100.00% Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative 265 117 4 6 55 13 9 0 1 56.38% 24.89% 0.85% 1.28% 11.70% 2.77% 1.91% 0.00% 0.21% TOTAL 470 100.00% Offense Class of Most Serious Offense: Juveniles Direct Filed FY03 Felony 452 96.17% Misdemeanor 17 3.62% Administrative 0 0.00% Status 0 0.00% Other 1 0.21% TOTAL 470 100.00% Prior Referrals & Types of Offenses: Juveniles Direct Filed in Adult Court FY2003 100% 96% 90% 80% 70% 60% 56% 58% 50% 40% 30% 26% 20% 27% 19% 10% 4% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 48 Class Felony Misdemeanor Status This page intentionally left blank. JUVENILES TRANSFERRED TO ADULT COURT IN FY03 Prior to FY97 and the passage of Proposition 102, the sole pathway to adult court for juveniles was through the judicial transfer process. The implementation of Senate Bill (SB) 1446 initiated the shift from judicial transfers to direct filing in adult court by the county attorney as the primary pathway to adult court. In SB 1446, there were also changes to the process whereby juveniles are transferred to adult court, as reflected in A.R.S. §8-327. This statute determines the procedures for the state to request a transfer to adult court and the factors a judge must consider in the decision to transfer. Previously the transfer process was based on the Rules of Procedure of Juvenile Court. These provisions were effective July 21, 1997, shortly after the beginning of FY98. An order to transfer is based on findings of a preponderance of evidence of probable cause that: the offense was committed, the juvenile committed the offense, and a transfer would best serve public safety. The determination of whether public safety would be served is based on the following factors as stated in A.R.S. §8-327 D: 1. The seriousness of the offense involved 2. The record and previous history of the juvenile, including previous contacts with the courts and law enforcement, previous periods of any court ordered probation and the results of that probation 3. Any previous commitments of the juvenile to juvenile residential placements and secure institutions 4. If the juvenile was previously committed to the Department of Juvenile Corrections for a felony offense 5. If the juvenile committed another felony offense while the juvenile was a ward of the department of juvenile corrections 6. If the juvenile committed the alleged offense while participating in, assisting, promoting or furthering the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise 7. The views of the victim of the offense 8. If the degree of the juvenile’s participation in the offense was relatively minor but not so minor as to constitute a defense to prosecution 9. The juvenile’s mental and emotional condition 10. The likelihood of the juvenile’s reasonable rehabilitation through the use of services and facilities that are currently available to the juvenile court 49 This page intentionally left blank. The information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the most recent referral is reported. The table below shows the distribution of youth across the counties in Arizona. On the following two pages, demographic and offense-specific information are presented. Selected data from the tables at the top of each page are also presented in the related graph at the bottom of each page. Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma County: Juveniles Transferred to Adult Court FY03 0 4 0 11 0 0 0 52 4 1 10 1 0 4 10 TOTAL 97 50 0.00% 4.12% 0.00% 11.34% 0.00% 0.00% 0.00% 53.61% 4.12% 1.03% 10.31% 1.03% 0.00% 4.12% 10.31% 100.00% Gender: Juveniles Transferred FY03 Ethnicity: Juveniles Transferred FY03 Male Female Unknown 86 11 0 88.66% 11.34% 0.00% Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown 53 8 29 6 0 0 1 54.64% 8.25% 29.90% 6.19% 0.00% 0.00% 1.03% TOTAL 97 100.00% Age: Juveniles Transferred FY03 8 0 0.00% 9 0 0.00% 10 0 0.00% 11 0 0.00% 12 0 0.00% 13 0 0.00% 14 0 0.00% 15 3 3.09% 16 6 6.19% 17 80 82.47% Unknown 8 8.25% TOTAL 97 100.00% Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 47 22 0 0 2 0 1 25 48.45% 22.68% 0.00% 0.00% 2.06% 0.00% 1.03% 25.77% TOTAL TOTAL 97 100.00% 97 Education Status: Juveniles Transferred FY03 100.00% Demographic Characteristics: Transferred to Adult Court FY2003 90% 89% 89% 80% 70% 60% 55% 50% 48% 40% 30% 30% 20% 10% 11% 8% 6% 3% 0% Gender Male Female Ethnicity Hispanic African American Anglo Native American 51 Age Ages 8 - 13 Ages 14, 15 Ages 16, 17 School Enrolled in School Number of Prior Referrals: Juveniles Transferred FY03 0 1 2 3 4 5 6 7 8 or more 18 12 13 14 6 2 6 0 26 18.56% 12.37% 13.40% 14.43% 6.19% 2.06% 6.19% 0.00% 26.80% TOTAL 97 100.00% Severity of Most Serious Offense: Juveniles Transferred FY03 Felonies Against Person Felonies Against Property Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person Drugs: Fel. & Misd. Public Peace: Fel. & Misd. Misdemeanors Against Property Status Offenses Citations/Administrative 18 50 5 1 12 11 0 0 0 18.56% 51.55% 5.15% 1.03% 12.37% 11.34% 0.00% 0.00% 0.00% TOTAL 97 100.00% Offense Class of Most Serious Offense: Juveniles Transferred FY03 Felony 83 85.57% Misdemeanor 12 12.37% Administrative 2 2.06% Status 0 0.00% Other 0 0.00% TOTAL 97 100.00% Prior Referrals & Types of Offenses: Transferred to Adult Court FY2003 90% 86% 80% 70% 60% 52% 50% 40% 40% 41% 30% 20% 19% 20% 12% 10% 0% Referrals No Prev. Ref. 1 - 3 Prev. Ref. 4 or More Severity Felonies & Misd. Against: Person Property 52 Class Felony Misdemeanor Status This page intentionally left blank. ARIZONA J UVENILE POPULATION ESTIMATES AND PROJECTIONS: AGES 8 - 17 1990 - 2010 800000 700000 769187 774636 781265 786946 788449 787615 784754 780826 771961 757264 713624 682014 648509 607308 585659 563129 539719 300000 515429 400000 624535 668233 500000 752924 600000 200000 100000 0 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 1995 - 1999 Population Estimates: Arizona Department of Economic Security, Research Administration, Population Statistics Unit. 2000 Population Estimate: US Census Bureau, Single Age Estimates 2001 - 2010 Population Projections: Constructed using Linear Regression Model by AOC/JJSD. 53 This page intentionally left blank. NOTES 1. The number of juveniles in each stage is an unduplicated count. Juveniles at each stage are counted once. A juvenile could be counted more than once if assigned more than one disposition during the fiscal year. For example, if a juvenile was diverted and later placed on probation for a new offense in the same year, the juvenile would be counted twice, once for diversion and once for probation. Additionally, because the unique identifiers for juveniles are county specific a juvenile could be reflected in more than one county. The only exceptions to the unduplicated count of juveniles at each stage are the tables “Pathways for Juveniles Transferred and/or Direct Filed in Adult Court FY02” and “County: Direct Filed and Transferred to Adult Court FY02". 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. Percentages in tables may not equal 100% 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. 54 Public Peace (Felonies and Misdemeanors) - Aggravated DUI, alcohol under age consumption, carry concealed weapon, child neglect, commercial sex, contributing delinquency of minor, crime against nature, cruelty to animals, disorderly conduct, disturbing the peace, DUI, eavesdropping, false reporting, failure to stop, firework violation, gambling/gaming, harassment, indecent exposure, obscenity, prostitution, reckless burning, reckless driving, riot, public sexual indecency, speeding, traffic offenses, trespassing, criminal trespassing, unlawful assembly, weapons offenses, discharge firearm. Misdemeanors against property - Criminal damage, issue bad check, shoplifting, and theft. Status Offenses - Curfew, incorrigible, liquor possession, runaway, tobacco possession, truancy. Citations/Administrative - Court hold, courtesy hold, immigration, sovereignty, traffic, warrant. 3. Population data have been provided by the Department of Economic Security, Research Administration, and Population Statistics Unit and the U.S. Census Bureau. The “Blue Wave” population graph has been updated reflecting census data through 2000 and population estimates through 2010. 4. For further information, see: Bartsch, David and Noriega, Donna. Juvenile Justice Treatment Evaluation Pilot Project Outcomes Report. Phoenix, AZ: Arizona Supreme Court, Administrative Office of the Courts, Juvenile Justice Services Division, July, 1999. Deloitte Consulting. Arizona Juvenile Justice Evaluation. Sacramento, California: A Report Prepared for the Arizona State Legislature Juvenile Justice Committee, December, 1988. Gottfredson, Don M. and Gottfredson, Stephen D. Empirical Evaluation of the Progressively Increasing Consequences Act Program. A report prepared for the Administrative Office of the Courts, Juvenile Justice Services Division, September, 1995. LeCroy, Craig W., Ashford, Jose B., Krysik, J., and Milligan, K. B. Initial Evaluation of Treatment Services for Juveniles Receiving Treatment in Arizona from January 1, 1994 to June 30, 1994. Phoenix, AZ. A report prepared for the Administrative Office of the Courts, Juvenile Justice Services Division, May, 1997. 55 LeCroy, Craig W., Krysik, Judy, and Palumbo, Dennis. Empirical Validation of the Arizona Risk/Needs Instrument and Assessment Process. Phoenix, AZ. A report prepared for the Administrative Office of the Courts, Juvenile Justice Services Division, December, 1998. McNulty, Elizabeth W. and Russell, J. Neil. Juvenile Commitment Guidelines Departure Research Project. Phoenix, AZ: Administrative Office of the Courts, Juvenile Justice Services Division, September, 1995. McNulty, Elizabeth W. Juvenile Transfer Study: Juveniles Transferred to Adult Court 1994. Phoenix, AZ: Administrative Office of the Courts, Juvenile Justice Services Division, February, 1996. Salk, Elliot. Treatment Evaluation Pilot Project Final Report. Phoenix, AZ: A report prepared for the Administrative Office of the Courts, Juvenile Justice Services Division, June, 1999. Saizow, Hildy & Welch, Nancy. Choices on the Edge: Maryvale Community Assessment. A report prepared for the Arizona Building Blocks Initiative, Arizona Supreme Court, Administrative Office of the Courts, September, 2003. Vicki Romero & Associates, Inc. Survey of Arizona Juvenile Justice Service Providers: Final Report. A report prepared for the Administrative Office of the Courts, Juvenile Justice Services Division, August, 1995. 5. Historical data presented are as previously reported in Juveniles Processed with the exception of adult court data. Adult Court data are dynamic and therefore, are rerun for the current Juveniles Processed. Although we endeavor to capture all Direct Filed juveniles, some Direct Filed juveniles may not be reflected in Juveniles Processed data. 6. Data on dispositions to Standard Probation and JIPS include juveniles who are continued on Standard Probation and JIPS. 56 This page intentionally left blank. GLOSSARY OF JUVENILE JUSTICE TERMS ADJUDICATION H EARING: In the juvenile court, the adjudication hearing is the proceeding in which a juvenile is found to be a delinquent, incorrigible or dependent youth. The hearing is relatively formal and is attended by the judicial officer, county attorney, defense attorney and the juvenile. The parents/guardians and a juvenile probation officer may also attend, along with any victims or witnesses required. The adjudication hearing is sometimes compared to the trial process in adult court, without the jury. In some respects, an "adjudication" for a delinquent offense is the juvenile court's equivalent of a "criminal conviction" in adult court. ADULT COURT : Adult court has been defined in statute as the appropriate justice court, municipal court or criminal division of Superior Court with jurisdiction to hear offenses committed by juveniles. The new law specifies that juveniles who commit certain offenses, are chronic felony offenders, or have historical prior convictions, must be prosecuted in the adult court and if convicted, are subject to adult sentencing laws. ADULT PROBATION: Adult probation is a function of the judicial branch of government, and has as its primary responsibility the community-based supervision of adults convicted of criminal offenses who are not sentenced to prison. Juveniles prosecuted as adults and who are placed on probation, are placed on adult probation. ARIZONA D EPARTMENT OF J UVENILE CORRECTIONS (ADJC): The ADJC is operated by the executive branch and is the juvenile counterpart of the Department of Corrections. ADJC operates facilities and programs primarily aimed at more serious juvenile offenders committed to their care and custody by the juvenile courts. ADJC operates secure correctional facilities, community-based after care programs, and juvenile parole. CHRONIC FELONY OFFENDER : A chronic felony offender is statutorily defined as a juvenile who on two prior separate occasions was adjudicated delinquent for an offense that would have been comparable to a felony offense had the juvenile been prosecuted as an adult, and who commits a third felony offense. The county attorney is required by statute to bring criminal prosecution in adult court against all juveniles 15 years of age or older who are charged with committing a third felony offense. The county attorney has discretion to also indict 14-year-old juveniles as chronic felony offenders and to prosecute them as adults. COMMUNITY-BASED ALTERNATIVE PROGRAM (CBAP): As used in Senate Bill 1446 and the new juvenile statutes, Community-Based Alternative Programs are not specifically defined. However, the term "CBAP" has been used generally in reference to citizen boards established throughout local communities by county attorneys and/or juvenile courts. In cases where the county attorney has authorized "diversion," the juvenile and his parent(s) or guardian(s) may be referred to a CBAP, where the panel of citizens will review the offense, question the juvenile and issue a consequence. The fundamental intent of this type of Community- Based Alternative Program is to increase citizen involvement in the juvenile justice process. 57 COMMUNITY S ERVICE: When used as a "diversion" consequence, community service is unpaid work performed by a juvenile who admits to the delinquency or incorrigible charges and is eligible to have his/her prosecution "diverted" by the county attorney. Community service may also be a condition of juvenile probation. Community service work may involve such things as graffiti abatement, litter cleanup or any other public or private community assistance project under the supervision of the county attorney or juvenile court. COMPLAINT : By statute, a complaint is a written statement or report normally prepared by a law enforcement officer and submitted under oath to the Juvenile Court or the Superior Court, alleging that a juvenile has violated the law. It is also called a "delinquency complaint" or "written referral" (paper referral). DELINQUENT JUVENILE: A delinquent juvenile is simply a juvenile who commits an illegal offense. If the same offense had been committed by an adult, the offense would be a criminal act. DETENTION : Juvenile detention is specifically defined as the temporary confinement of a juvenile in a physically restricting facility, surrounded by a locked and physically restrictive secure barrier, with restricted ingress and egress. Juveniles are typically held in detention pending court hearings for purposes of public protection, their own protection or as a consequence for their misbehavior. DISCRETIONARY FILINGS : The statutes permit the county attorney to bring criminal prosecution in adult court if the juvenile is 14 years of age or older and is accused of the serious, chronic and violent offenses enumerated in the law that warrant mandatory adult prosecution for juveniles 15 years of age or older. In addition, criminal prosecution may be brought against any juvenile with a prior conviction in adult court. Essentially, county attorneys have full discretion in these instances to file a petition in juvenile court or to seek adult prosecution. DISPOSITION H EARING: A disposition hearing is conducted following the adjudication hearing to determine the most appropriate punishment or intervention for the juvenile. This hearing is comparable to a "sentencing hearing" in the adult criminal court. Simply stated, "disposition" refers to the process by which the juvenile court judge decides what to do with the juvenile. DIVERSION : Diversion is a process by which formal court action (prosecution) is averted. The diversion process is an opportunity for youth to admit their misdeeds and to accept the consequences without going through a formal adjudication and disposition process. By statute, the county attorney has sole discretion to divert prosecution for juveniles accused of committing any incorrigible or delinquent offense. INCORRIGIBLE YOUTH: Juveniles who commit offenses which would not be considered crimes if they were committed by adults are called status offenders (incorrigible youth). Typically, incorrigible youth are juveniles who refuse to obey the reasonable and proper directions of their parents or guardians. Juveniles who are habitually truant from school, run away from home, or violate curfew are considered to be incorrigible. 58 INTAKE: Intake occurs when a youth is referred to the juvenile probation department with a delinquent or incorrigible charge. Intake staff determine if a youth is eligible for diversion, per the county attorney's criteria, or whether the juvenile must be referred to the county attorney for possible prosecution. Intake officers meet with the juveniles and their parents, coordinate diversion consequences and issue reports to the court and county attorney. JUVENILE INTENSIVE PROBATION S UPERVISION (JIPS): Arizona Revised Statutes (A.R.S. § 8351) defines JIPS as "a program…..of highly structured and closely supervised juvenile probation…..which emphasizes surveillance, treatment, work, education and home detention." A primary purpose of JIPS is to reduce the commitments to the Arizona Department of Juvenile Corrections (ADJC) and other institutional or out-of-home placements. The statutes require that all juveniles adjudicated for a second felony offense must be placed on JIPS, committed to ADJC, or sent to adult court. M ANDATORY O FFENSES : The statutes mandate that certain serious, violent and chronic offenses, when committed by juveniles of a certain age, must be prosecuted in the adult criminal division of Superior Court. These "mandatory offenses" coincide with the crimes now enumerated in the State Constitution, as amended through the provisions of Proposition 102 and approved by Arizona voters at the 1996 general election. PAROLE: This term refers only to those juveniles who have been committed to ADJC and are then placed on juvenile "parole" upon their release. Juvenile parole is normally considered to be "conditional liberty." Parole is an executive branch function. PETITION: A "petition" is a legal document filed in the juvenile court alleging that a juvenile is a delinquent, incorrigible, or a dependent child and requesting that the court assume jurisdiction over the youth. The petition initiates the formal court hearing process of the juvenile court. The county attorney, who determines what charges to bring against the juvenile, prepares the delinquent or incorrigibility petition. REFERRALS : Referrals can be made by police, parents, school officials, probation officers or other agencies or individuals requesting that the juvenile court assume jurisdiction over the juvenile's conduct. Referrals can be "paper referrals" issued as citations or police reports or "physical referrals" as in an actual arrest and custody by law enforcement. Juveniles may have multiple referrals during any given year or over an extended period of time between the ages of 8-17. Multiple referrals typically signal high risk, even when the referrals are for numerous incorrigible or relatively minor offenses. STANDARD PROBATION: A program for the supervision of juveniles placed on probation by the court. These juveniles are under the care and control of the court and are supervised by probation officers. 59 TRANSFER H EARING: A transfer hearing is held when the county attorney requests that the juvenile court consider transferring its jurisdiction of the juvenile to the adult criminal division of Superior Court. The juvenile court judge may decide to waive or retain jurisdiction in such matters based on A.R.S. §8-327, but must state on the official court record the reasons for the decision. 60 Produced and Published by Arizona Supreme Court Administrative Office of the Courts g Juvenile Justice Services Division 1501 W. Washington, Suite 337 g Phoenix, Arizona 85007-3231 (602) 542-9443 www.supreme.state.az.us/jjsd/ This publication can be provided in an alternative format upon request to assist persons with disabilities under the provisions of the Americans with Disabilities Act. X