Arizona Supreme Court Administrative Office of the Courts Juvenile Justice Services Division Suite 337 ™ 602-542-9588 December 2004 This Report Produced and Published By Juvenile Justice Services Division Rob Lubitz, Director Bobbie Chinsky, Program Manager Elizabeth Eells, Researcher Margarita Aguilera, Specialist Special thanks to the JOLTS Coordinators, Directors, and staff for their diligence in ensuring quality data for this report. TABLE OF CONTENTS JUVENILES PROCESSED IN THE ARIZONA SUPERIOR COURT SYSTEM, FY04 Introduction and Trends .....................................................................................................1 Juveniles Referred..............................................................................................................9 Juveniles Detained ...........................................................................................................13 Juveniles Diverted ............................................................................................................16 Juveniles with Petitions Filed.............................................................................................19 Juveniles with Dispositions of Dismissed ............................................................................22 Juveniles with Dispositions of Penalty Only ........................................................................25 Juveniles with Dispositions to Standard Probation ..............................................................28 Juveniles with Dispositions to JIPS ....................................................................................31 Juveniles with Dispositions to ADJC ...................................................................................34 Juveniles Direct Filed in and Transferred to Adult Court ......................................................37 Juveniles Direct Filed in Adult Court...................................................................................39 Juveniles Transferred to Adult Court..................................................................................42 Special Topic: Gender.......................................................................................................45 Population Estimates & Projections....................................................................................48 Notes ..............................................................................................................................49 Glossary of Juvenile Justice Terms ....................................................................................54 i LIST OF TABLES, GRAPHS & CHARTS JUVENILES PROCESSED IN THE ARIZONA SUPERIOR COURT SYSTEM, FY04 Introduction/Trends Juvenile Justice Flow Chart............................................................................................4 Arizona Juvenile Court Activity FY04...............................................................................5 Referrals, Petitions Filed, Juveniles Referred and Juveniles Petitioned, FY 1998 - 2004......6 The Number of Juveniles Dispositioned to Probation, Intensive Probation, ADJC and Adult Court: Fiscal Years 1998 - 2004.......................................................7 Pathways for Juveniles Transferred and/or Direct Filed in Adult Court: FY 1998 - 2004 .....8 Juveniles Referred County .........................................................................................................................9 Gender.......................................................................................................................10 Age............................................................................................................................10 Ethnicity.....................................................................................................................10 Education Status.........................................................................................................10 Severity of Most Serious Offense .................................................................................11 Offense Class of Most Serious Offense .........................................................................11 Number of Prior Referrals............................................................................................11 Five Year Trend ..........................................................................................................11 Top Ten Referral Categories ........................................................................................12 Juveniles Detained County .......................................................................................................................13 Gender.......................................................................................................................14 Age............................................................................................................................14 Ethnicity.....................................................................................................................14 Education Status.........................................................................................................14 Severity of Most Serious Offense .................................................................................15 Offense Class of Most Serious Offense .........................................................................15 Number of Prior Referrals............................................................................................15 Five Year Trend ..........................................................................................................15 Juveniles Diverted County .......................................................................................................................16 Gender.......................................................................................................................17 Age............................................................................................................................17 Ethnicity.....................................................................................................................17 Education Status.........................................................................................................17 Severity of Most Serious Offense .................................................................................18 Offense Class of Most Serious Offense .........................................................................18 Number of Prior Referrals............................................................................................18 Five Year Trend ..........................................................................................................18 Juveniles with Petitions Filed County .......................................................................................................................19 Gender.......................................................................................................................20 ii Juveniles with Petitions Filed (continued) Age............................................................................................................................20 Ethnicity.....................................................................................................................20 Education Status.........................................................................................................20 Severity of Most Serious Offense .................................................................................21 Offense Class of Most Serious Offense .........................................................................21 Number of Prior Referrals............................................................................................21 Five Year Trend ..........................................................................................................21 Juveniles with Dispositions of Dismissed County .......................................................................................................................22 Gender.......................................................................................................................23 Age............................................................................................................................23 Ethnicity.....................................................................................................................23 Education Status.........................................................................................................23 Severity of Most Serious Offense .................................................................................24 Offense Class of Most Serious Offense .........................................................................24 Number of Prior Referrals............................................................................................24 Five Year Trend ..........................................................................................................24 Juveniles with Dispositions of Penalty Only County .......................................................................................................................25 Gender.......................................................................................................................26 Age............................................................................................................................26 Ethnicity.....................................................................................................................26 Education Status.........................................................................................................26 Severity of Most Serious Offense .................................................................................27 Offense Class of Most Serious Offense .........................................................................27 Number of Prior Referrals............................................................................................27 Five Year Trend ..........................................................................................................27 Juveniles with Dispositions to Standard Probation County .......................................................................................................................28 Gender.......................................................................................................................29 Age............................................................................................................................29 Ethnicity.....................................................................................................................29 Education Status.........................................................................................................29 Severity of Most Serious Offense .................................................................................30 Offense Class of Most Serious Offense .........................................................................30 Number of Prior Referrals............................................................................................30 Five Year Trend ..........................................................................................................30 Juveniles with Dispositions to JIPS County .......................................................................................................................31 Gender.......................................................................................................................32 Age............................................................................................................................32 Ethnicity.....................................................................................................................32 Education Status.........................................................................................................32 Severity of Most Serious Offense .................................................................................33 Offense Class of Most Serious Offense .........................................................................33 iii Juveniles with Dispositions to JIPS (continued) Number of Prior Referrals............................................................................................33 Five Year Trend ..........................................................................................................33 Juveniles with Dispositions to ADJC County .......................................................................................................................34 Gender.......................................................................................................................35 Age............................................................................................................................35 Ethnicity.....................................................................................................................35 Education Status.........................................................................................................35 Severity of Most Serious Offense .................................................................................36 Offense Class of Most Serious Offense .........................................................................36 Number of Prior Referrals............................................................................................36 Five Year Trend ..........................................................................................................36 Juveniles Direct Filed in and Transferred to Adult Court Pathways for Juveniles Filed in Adult Court...................................................................38 County: Direct Filed in and Transferred to Adult Court .................................................38 Juveniles Direct Filed in Adult Court County .......................................................................................................................39 Gender.......................................................................................................................40 Age............................................................................................................................40 Ethnicity.....................................................................................................................40 Education Status.........................................................................................................40 Severity of Most Serious Offense .................................................................................41 Offense Class of Most Serious Offense .........................................................................41 Number of Prior Referrals............................................................................................41 Five Year Trend ..........................................................................................................41 Juveniles Transferred to Adult Court County .......................................................................................................................42 Gender.......................................................................................................................43 Age............................................................................................................................43 Ethnicity.....................................................................................................................43 Education Status.........................................................................................................43 Severity of Most Serious Offense .................................................................................44 Offense Class of Most Serious Offense .........................................................................44 Number of Prior Referrals............................................................................................44 Five Year Trend ..........................................................................................................44 Special Topic: Gender Percentage of Each Gender at Stages in the Juvenile Justice System .............................45 Average Age at First Referral.......................................................................................46 Severity of the Most Serious Referral Offense ...............................................................46 Offense Type of Most Serious Referral Offense .............................................................46 Percentage Received Treatment ..................................................................................47 Treatment Expenditures ..............................................................................................47 Population: Arizona Juvenile Population Estimates and Projections: Ages 8 - 17 ..................48 iv JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY04 Introduction JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY04 This is the eleventh publication of Juveniles Processed in the Arizona Court System. The data for this report are extracted 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 more than ten years. Each Juvenile Court actively participates in collecting and maintaining the data to ensure quality and accuracy. This report has changed somewhat in format and content from previous years. Specific content changes include the addition of the top ten referral offenses and a special topics section. This year, as part of a increased state focus on gender issues, the special topic is gender. This report provides an overview of the juveniles processed at various stages of the juvenile justice system statewide during fiscal year 2004. Selected breakdowns of unduplicated juvenile counts1 are presented at the following stages: ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ Referral Detention Diversion Petition Dismissed Penalty Only ƒ Standard Probation Juvenile Intensive Probation Supervision Arizona Department of Juvenile Corrections 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 Not all of 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 FY04. 1 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY04 The number of juveniles processed in the juvenile justice system is influenced by several factors, including legislative actions, law enforcement and prosecutorial practices, and the number of juveniles ages 8 to 17 years old in the Arizona population. Through the year 2004, the number of juveniles in the population has continued to increase steadily, as evidenced in the Arizona Juvenile Population Estimates and Projections chart in the Population section.3 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 annual report, other reports are available that describe some of the stages included in this report. 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: ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ Commission on Minorities Equitable Treatment of Minority Youth: First Annual Report Card, 2004 Choices on the Edge: Maryvale Community Assessment Arizona Juvenile Justice Evaluation, the PIC-ACT Study Juvenile Commitment Guidelines Departure Research Project Juvenile Justice Treatment Evaluation Pilot Project Outcomes Report Treatment Evaluation Pilot Project Final Report Survey of Arizona Juvenile Justice Service Providers Arizona Juvenile Transfer Study 2 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY04 ƒ ƒ Initial Evaluation of Treatment Services for Juveniles Receiving Treatment in Arizona from January 1, 1994 to June 30, 1994 Empirical Validation of the Arizona Risk/Needs Instrument and Assessment Process.6 Analysis of data on juveniles processed in the Arizona court system is ongoing. Data is analyzed 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. Juveniles Processed FY98, FY99, FY00, FY01, FY02, FY03 and FY04 are available on the Internet at http://www.supreme.state.az.us/jjsd. 3 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY04 Delinquent/Incorrigible Act Action by Police, Parent and School (Referral) Other Agency No Petitions Filed County Attorney Review Adjust after Consequences Diversion Petition Filed in Juvenile Court Direct Filing as an Adult Transfer Hearing Advisory Hearing Arraignment Remand to Adult Court Adjudication Hearing Trial Dismissal Disposition Hearing Probation Standard/ Intensive Other Sanctions 4 Commitment to AZ Department of Juvenile Corrections Intake: Received by Probation Department 76,051 Referrals 49,878 Juveniles Diversion 23,262 Referrals 20,877 Juveniles Dismissed 8,946 Referrals 7,259 Juveniles Referrals (Physical) 13,683 Referrals 10,250 Juveniles Referrals (Paper) 62,368 Referrals 44,745 Juveniles Petitions Filed 31,008 Petitions 18,799 Juveniles Transfer to Adult Court 121 Referrals 105 Juveniles Penalty Only 481 Referrals 439 Juveniles Standard Probation 14,609 Referrals 10,524 Juveniles Direct Filed in Adult Court 447 Referrals 393 Juveniles JIPS 4,315 Referrals 2,265 Juveniles ADJC 1,290 Referrals 884 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, 2003 to June 30, 2004 5 This page intentionally left blank. R ef er r als , Petitions Filed an d Ju ven iles R ef er r ed an d Petition ed Fis cal Year s 1998 - 2004 96,000 84,000 84,719 77,651 77,551 48,246 48,534 79,657 77,302 75,027 76,051 72,000 60,000 51,009 48,000 36,000 31,222 29,669 51,274 33,280 33,099 50,399 31,495 49,588 49,878 29,537 31,008 24,000 12,000 18,496 18,186 FY98 FY99 20,204 19,983 19,036 FY00 FY01 FY02 17,903 18,799 0 Referrals Petitions Juv eniles Referred Data through FY03 obtained from Juveniles Processed in the Arizona Court System. 6 FY03 FY04 Juv eniles Petitioned Th e Nu m ber of Ju veniles D is pos ition ed to Pr obation, In tens ive Pr obation , AD JC and A du lt C ou r t - Fis cal Year s 1998 - 2004 12,000 11,039 10,830 10,000 9,436 10,870 10,524 9,199 10,244 8,000 6,000 4,000 2,718 2,000 1,670 2,572 2,552 1,345 1,290 2,549 2,512 2,432 2,265 1,081 1,018 926 1,117 918 811 671 575 567 FY98 FY99 FY00 FY01 FY02 FY03 0 S t andard Probation Intensiv e Probation 7 ADJC 884 498 FY04 Adult Court Pathways for Juveniles Transferred and/or Direct Filed in Adult Court Fiscal Years 1998 - 2004 5 400 350 352 300 308 359 329 321 283 256 263 250 227 200 224 219 199 185 140 120 100 89 111 84 81 50 0 166 141 150 43 16 FY98 FY99 Transfer 65 46 41 FY00 Mandatory FY01 Mandatory-Prior 8 99 97 65 35 FY02 Chronic 46 40 FY03 Discretionary 105 26 61 FY04 This page intentionally left blank. JUVENILES REFERRED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 Juveniles Referred ARIZONA SUPERIOR COURT SYSTEM, FY04 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. 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 FY04. 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. 9 County: Juveniles Referred FY04 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 272 1,510 1,633 1,027 392 82 193 24,743 2,161 1,137 9,461 2,265 741 1,645 2,616 TOTAL 49,878 0.6% 3.0 3.4 2.1 0.8 0.2 0.4 49.6 4.3 2.3 19.0 4.5 1.5 3.3 5.2 100.0 JUVENILES REFERRED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 In 2004, there were an estimated 784,754 juveniles age 8 to 18 in Arizona. From July 1, 2003 to June 30, 2004, 6.4% of these juveniles (49,878) were referred at least once to Arizona’s juvenile courts. This represents about 1 in every 16 juveniles. These 49,878 juveniles generated 76,051 referrals at an average of 1.5 referrals per juvenile. Gender: Juveniles Referred FY04 Male Female Unknown 33,136 16,742 0 TOTAL 49,878 66.4% 33.6 0.0 100.0 Age: Juveniles Referred FY04 8 9 10 11 12 13 14 15 16 17 Unknown 197 385 578 1,175 2,603 4,709 7,313 9,301 10,382 12,596 639 TOTAL 49,878 0.4% 0.8 1.2 2.4 5.2 9.4 14.7 18.7 20.8 25.3 1.3 100.0 Ethnicity: Juveniles Referred FY04 Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown 18,979 3,502 23,925 2,727 38.1% 7.0 48.0 5.5 247 136 362 0.5 0.3 0.7 TOTAL 49,878 100.0 Education Status: Juveniles Referred FY04 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 33,990 3,528 96 119 177 70 44 11,854 TOTAL 49,878 10 68.2% 7.1 0.2 0.2 0.4 0.1 0.1 23.8 100.0 JUVENILES REFERRED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 Severity of Most Serious Offense: Juveniles Referred FY04 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 2,464 5,254 4,473 4,332 4,973 13,257 6,759 8,049 317 TOTAL 49,878 Offense Class of Most Serious Offense: Juveniles Referred FY04 Felony 14,601 29.3% Misdemeanor 24,071 48.3 Administrative 2,453 4.9 Status Other 8,089 664 16.2 1.3 TOTAL 49,878 100.0 4.9% 10.5 9.0 8.7 10.0 26.6 13.6 16.1 0.7 100.0 Number of Prior Referrals: Juveniles Referred FY04 0 24,432 49.0% 1 9,274 18.6 2 4,735 9.5 3 2,827 5.7 4 1,976 4.0 5 1,432 2.9 6 1,105 2.2 7 809 1.6 8 or more 3,288 6.6 TOTAL 49,878 100.0 Ju ven iles Referred 60,000 50,000 48,534 51,274 50,399 49,588 49,878 40,000 30,000 20,000 10,000 FY00 FY01 FY02 11 FY03 FY04 JUVENILES REFERRED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 This is the first year that Juveniles Processed has reported on the Top Ten Referral Offenses for the state. In FY04, violation of probation was the most common referral category. This suggests that Arizona’s juvenile probation departments are holding juveniles accountable. Over the past five years, there has been no change in the categories of the top ten offenses, only changes in rank order. Explanations of the categories can be found in the Notes section.3 Top Ten Referral Categories FY04 Probation Violation Shoplifting-Misd Truancy Alcohol Runaway Curfew Marijuana Possession Assault – DV Assault – Simple Disorderly Conduct 7,540 6,508 6,300 5,976 4,013 3,752 3,743 2,255 2,967 2,597 TOTAL REFERRALS 9.9% 8.6 8.6 7.6 5.3 4.9 4.9 3.0 3.9 3.4 76,051 Note: Percentages are of the total referrals and make up 60.1% of the total. Top Ten Referral Categories for Previous Fiscal Years FY2000 FY2001 FY2002 FY2003 Probation Violation 7,745 Probation Violation 8,408 Probation Violation 8,407 Probation Violation 7,938 Shoplifting – Misd Truancy Truancy Shoplifting – Misd 7,177 Truancy 6,844 Shoplifting – Misd 5,458 Curfew Shoplifting – Misd 6,284 Alcohol 5,229 Alcohol Alcohol Runaway Curfew 5,958 5,735 4,487 4,919 Truancy Alcohol Runaway 6,587 6,689 5,842 5,202 Runaway 6,722 5,881 Runaway 4,087 Curfew 4,396 4,009 Curfew 3,959 Marijuana Possession 3,313 Assault – DV 2,235 2,155 2,201 Assault – Simple Marijuana Possession 3,696 Marijuana Possession 3,639 Marijuana Possession 3,446 Disorderly Conduct 2,599 Assault – Simple Assault – Simple Assault – Simple 3,021 3,008 3,119 Assault – DV Disorderly Conduct 2,308 Disorderly Conduct 2,366 Disorderly Conduct 2,523 3,059 2,126 Assault – DV 3,738 Assault – DV Note: Traffic offenses were not included in the ranking because they are handled differently from county to county. 12 JUVENILES DETAINED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 Juveniles Detained ARIZONA SUPERIOR COURT SYSTEM, FY04 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. 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. 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 courts, or other state agencies to house juveniles. County: Juveniles Detained FY04 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; 13 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL 157 379 304 444 148 29 51 5,973 345 199 2,303 756 296 492 812 12,688 1.2% 3.0 2.4 3.5 1.2 0.2 0.4 47.1 2.7 1.6 18.2 6.0 2.3 3.9 6.4 100.0 JUVENILES DETAINED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 In FY04, 12,688 juveniles were detained at least once. Only 8,641 (68%) of these juveniles were detained as a result of a referral; the others were detained as a result of court holds, warrants, probation consequences or for another jurisdiction. Those 8,641 juveniles that were detained on a referral (physical referral) represent 17.3% of the juveniles referred to the juvenile court in FY04. There was a 7.1% decline in juveniles detained from FY02 to FY04. Physical referrals declined 5% during that same time period. Gender: Juveniles Detained FY04 Male Female Unknown TOTAL 9,450 3,238 0 74.6% 25.5 0.0 12,688 100.0 Age: Juveniles Detained FY04 8 9 10 11 12 13 14 15 16 17 Unknown TOTAL 7 21 40 113 356 835 1,548 2,448 3,158 4,100 62 12,688 0.06% 0.2 0.3 0.9 2.8 6.6 12.2 19.3 24.9 32.3 0.5 100.0 Ethnicity: Juveniles Detained FY04 Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown TOTAL 5,381 1,106 5,172 810 42.4% 8.7 40.8 6.4 52 132 35 0.4 1.0 0.3 12,688 100.0 Education Status: Juveniles Detained FY04 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown TOTAL 5,830 1,308 49 46 51 21 12 5,371 12,688 14 46.0% 10.3 0.4 0.4 0.4 0.2 0.1 42.3 100.0 JUVENILES DETAINED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 Severity of Most Serious Offense: Juveniles Detained FY04 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 1,144 1,755 1,611 1,248 989 1,110 415 214 155 TOTAL 8,641 Offense Class of Most Serious Offense: Juveniles Detained FY04 Felony 4,436 51.3% Misdemeanor 2,821 32.7 Administrative 1,116 12.9 Status 213 2.5 Other 55 0.6 TOTAL 8,641 100.0 13.2% 20.3 18.6 14.4 11.5 12.9 4.8 2.5 1.8 100.0 Number of Prior Referrals: Juveniles Detained FY04 0 2,050 23.7% 1 1,209 14.0 2 952 11.0 3 726 8.4 4 658 7.6 5 525 6.1 6 462 5.4 7 354 4.1 8 or more 1,705 19.7 TOTAL 8,641 J u v en iles Deta in ed 14,000 12,000 13,075 13,594 13,660 FY01 FY02 10,000 12,913 12,688 FY03 FY04 8,000 6,000 4,000 2,000 0 FY00 15 100.0 This page intentionally left blank. JUVENILES DIVERTED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 Juveniles Diverted ARIZONA SUPERIOR COURT SYSTEM, FY04 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. 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 in the Notes section at the end of the document.4 16 County: Juveniles Diverted FY04 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 78 908 828 353 126 28 95 10,114 653 272 4,765 657 157 832 1,011 TOTAL 20,877 0.4% 4.4 4.0 1.7 0.6 0.1 0.5 48.4 3.1 1.3 22.7 3.2 0.8 4.1 4.8 100.0 JUVENILES DIVERTED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 In FY04, there were 20,877 juveniles diverted in Arizona’s juvenile justice system, a decrease of 4.8% from FY03. Gender: Juveniles Diverted FY04 Male Female Unknown 12,601 8,276 0 Over the last five years, diversions have declined by 4.1% overall. TOTAL 20,877 We would expect diverted juveniles to have less serious offenses and little or no prior referrals. Of the juveniles diverted in FY04: 8 9 10 11 12 13 14 15 16 17 Unknown 68.7% had no prior referrals. 61% had a misdemeanor as the most serious offense. 60.4% 39.6 0.0 100.0 Age: Juveniles Diverted FY04 TOTAL 88 227 329 670 1,513 2,616 3,760 4,301 3,852 3,396 125 20,877 0.4% 1.1 1.6 3.2 7.3 12.5 18.0 20.6 18.5 16.3 0.6 100.0 Ethnicity: Juveniles Diverted FY04 Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown TOTAL 7,761 1,363 10,329 1,044 37.2% 6.5 49.5 5.0 115 0.6 67 0.3 198 1.0 20,877 100.0 Education Status: Juveniles Diverted FY04 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown TOTAL 17 15,478 414 74.1% 2.0 21 22 19 9 5 4,909 0.1 0.1 0.1 0.0 0.0 23.5 20,877 100.0 JUVENILES DIVERTED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 Severity of Most Serious Offense: Juveniles Diverted FY04 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 180 634 164 1,954 1,761 6,051 5,126 4,996 11 TOTAL 0.9% 3.0 0.8 9.4 8.4 29.0 24.5 23.9 0.1 20,877 Offense Class of Most Serious Offense: Juveniles Diverted FY04 Felony 2,777 13.3% Misdemeanor 12,738 61.0 Administrative 244 1.2 Status 5,009 24.0 Other 109 0.5 TOTAL 20,877 100.0 100.0 Number of Prior Referrals: Juveniles Diverted FY04 14,344 68.7% 4,285 20.5 1,291 6.2 414 2.0 180 0.9 94 0.5 45 0.2 51 0.2 0 1 2 3 4 5 6 7 8 or more TOTAL 173 0.8 20,877 100.0 J u ven iles Div erted 25,000 20,000 21,776 22,305 22,480 21,923 20,877 FY01 FY02 FY03 FY04 15,000 10,000 5,000 0 FY00 18 This page intentionally left blank. JUVENILES WITH PETITIONS FILED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 PETITIONS FILED ARIZONA SUPERIOR COURT SYSTEM, FY04 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. 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 19 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. County: Petitions Filed FY04 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL 154 511 597 354 233 45 71 9,223 662 405 3,285 1,004 474 616 1,165 18,799 0.9% 2.7 3.2 1.9 1.2 0.2 0.4 49.0 3.5 2.2 17.5 5.3 2.5 3.3 6.2 100.0 JUVENILES WITH PETITIONS FILED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 Juveniles with petitions filed increased 5% from 17,903 in FY03 to 18,799 in FY04. This is the first increase since the decline began in FY00. This is in contrast to the 2.7% decrease in juveniles referred from FY01 to FY04. Anglo and Hispanic youth are nearly equally represented in petitions filed. The average age of juveniles petitioned in FY04 was 15. More than half of the juveniles had 3 or fewer prior referrals. Gender: Petitions Filed FY04 Male Female Unknown 13,939 4,860 0 TOTAL 18,799 74.2% 25.9 0.0 100.0 Age: Petitions Filed FY04 8 9 10 11 12 13 14 15 16 17 Unknown 26 77 146 296 767 1,472 2,632 3,726 4,468 5,156 33 TOTAL 0.1% 0.4 0.8 1.6 4.1 7.8 14.0 19.8 23.8 27.4 0.2 18,799 100.0 Ethnicity: Petitions Filed FY04 Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown TOTAL 7,778 1,555 8,168 1,112 41.4% 8.3 43.5 6.0 82 0.4 42 0.2 62 0.3 18,799 100.0 Education Status: Petitions Filed FY04 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 13,776 2,006 61 69 79 24 16 2,768 TOTAL 18,799 20 73.3% 10.7 0.3 0.4 0.4 0.1 0.1 14.7 100.0 JUVENILES WITH PETITIONS FILED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 Severity of Most Serious Offense: Petitions Filed FY04 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 1,437 3,705 4,174 1,710 2,267 3,250 1,507 727 22 TOTAL 7.6% 19.7 22.2 9.1 12.1 17.3 8.0 3.9 0.1 18,799 Offense Class of Most Serious Offense: Petitions Filed FY04 Felony 8,278 44.0% Misdemeanor 7,543 40.1 Administrative 2,173 11.6 Status 755 4.0 Other 50 0.3 TOTAL 18,799 100.0 100.0 Number of Prior Referrals: Petitions Filed FY04 2,517 15.0% 3,180 18.9 2,573 15.3 1,908 11.3 1,460 8.7 1,136 6.8 895 5.3 643 3.8 0 1 2 3 4 5 6 7 8 or more TOTAL 2,517 15.0 16,829* 100.0 *Some of the petitions do not have offense or referral numbers entered on them due to data entry error. They are not refelected in this report. J u v en iles P etition ed 25,000 20,000 20,204 18,799 19,036 19,983 17,903 15,000 10,000 5,000 FY00 FY01 21 FY02 FY03 FY04 This page intentionally left blank. JUVENILES WITH DISPOSITIONS OF DISMISSED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 JUVENILES DISMISSED ARIZONA SUPERIOR COURT SYSTEM, FY04 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. 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. 22 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, those petitions dismissed at a hearing. County: Disposition of Dismissed FY04 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 66 182 122 117 49 6 50 3,967 272 159 1,179 422 178 216 274 TOTAL 7,259 0.9% 2.5 1.7 1.6 0.7 0.1 0.7 54.7 3.8 2.2 16.2 5.8 2.5 3.0 3.8 100.0 JUVENILES DISMISSED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 While court dismissals increased slightly from FY03 to FY04 (<1.0%), they decreased by 30% over the last 5 years. Gender: Disposition of Dismissed FY04 Male Female Unknown 5,171 2,088 0 TOTAL 7,259 71.2% 28.8 0.0 100.0 Age: Disposition of Dismissed FY04 8 9 10 11 12 13 14 15 16 17 Unknown 9 20 64 110 255 514 972 1,351 1,604 1,950 410 TOTAL 7,259 0.1% 0.3 0.9 1.5 3.5 7.1 13.4 18.6 22.1 26.9 5.7 100.0 Ethnicity: Disposition of Dismissed FY04 Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown TOTAL 2,769 640 3,402 355 38.2% 8.8 46.9 4.9 28 0.4 22 0.3 43 0.6 7,259 100.0 Education Status: Disposition of Dismissed FY04 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 5,030 666 19 21 30 9 9 1,475 TOTAL 7,259 23 69.3% 9.2 0.3 0.3 0.4 0.1 0.1 20.3 100.0 JUVENILES DISMISSED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 Severity of Most Serious Offense: Disposition of Dismissed FY04 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 340 717 1,163 716 703 1901 788 927 4 TOTAL 7,259 Offense Class of Most Serious Offense: Disposition of Dismissed FY04 Felony 1,943 26.8% Misdemeanor 3,404 46.9 Administrative 873 12.0 Status Other 928 111 12.8 1.5 TOTAL 7,259 100.0 4.7% 9.9 16.0 9.9 9.7 26.2 10.9 12.8 0.1 100.0 Number of Prior Referrals: Disposition of Dismissed FY04 0 2,162 29.8% 1 1,321 18.2 2 903 12.4 3 675 9.3 4 518 7.1 5 391 5.4 6 265 3.7 7 227 3.1 8 or more 797 11.0 TOTAL 7,259 D i sm i sse d 12,000 10,000 10,330 8,000 6,000 8,302 7,968 FY01 FY02 7,206 7,259 FY03 FY04 4,000 2,000 0 FY00 24 100.0 This page intentionally left blank. JUVENILES WITH DISPOSITION OF PENALTY ONLY IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 PENALTY ONLY JUVENILES WITH DISPOSITIONS OF PENALTY ONLY IN FY04 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. 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. 25 County: Disposition of Penalty Only FY04 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 0 39 70 7 5 0 0 181 0 7 13 58 24 0 35 TOTAL 439 0.0% 8.9 16.0 1.6 1.1 0.0 0.0 41.2 0.0 1.6 3.0 13.2 5.5 0.0 8.0 100.0 JUVENILES WITH DISPOSITION OF PENALTY ONLY IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 Dispositions of penalty only declined by 6% from FY03 to FY04. In fact, the 439 juveniles given a disposition of penalty only in FY04 represented a 42.7% decline over the last five years. Gender: Disposition of Penalty Only FY04 Male Female Unknown 320 119 0 TOTAL 439 72.9% 27.1 0.0 100.0 Age: Disposition of Penalty Only FY04 8 9 10 11 12 13 14 15 16 17 Unknown 0 0 0 4 7 12 27 37 73 262 17 TOTAL 439 0.0% 0.0 0.0 0.9 1.6 2.7 6.2 8.4 16.6 59.7 3.9 100.0 Ethnicity: Disposition of Penalty Only FY04 Hispanic African American Anglo Native American Asian/Pacific Islander 175 32 186 42 39.9% 7.3 42.4 9.6 2 0.5 Other 1 0.2 Unknown 1 0.2 439 100.0 TOTAL Education Status: Disposition of Penalty Only FY04 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 280 74 0 1 2 1 1 80 TOTAL 439 26 63.8% 16.9 0.0 0.2 0.5 0.2 0.2 18.2 100.0 JUVENILES WITH DISPOSITION OF PENALTY ONLY IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 Severity of Most Serious Offense: Disposition of Penalty Only FY04 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 10 34 76 42 50 180 32 15 0 TOTAL 439 Offense Class of Most Serious Offense: Disposition of Penalty Only FY04 Felony 108 24.6% Misdemeanor 247 56.3 Administrative 69 15.7 Status Other 15 0 3.4 0.0 TOTAL 439 100.0 2.3% 7.7 17.3 9.6 11.4 41.0 7.3 3.4 0.0 100.0 Number of Prior Referrals: Disposition of Penalty Only FY04 0 114 26.0% 1 67 15.3 2 51 11.6 3 53 12.1 4 29 6.6 5 24 5.5 6 25 5.7 7 12 2.7 8 or more 64 14.6 TOTAL 439 467 439 FY03 FY04 P en a lty On ly 900 800 700 600 500 765 652 503 400 300 200 100 0 FY00 FY01 FY02 27 100.0 This page intentionally left blank. JUVENILES WITH DISPOSITION OF STANDARD PROBATION IN FY04 STANDARD PROBATION JUVENILES WITH DISPOSITIONS OF STANDARD PROBATION IN FY04 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. 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 depending 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. 28 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. County: Disposition of Standard Probation FY04 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL 76 205 369 194 157 31 44 5,690 324 202 1,847 315 212 300 558 10,524 0.7% 2.0 3.5 1.8 1.5 0.3 0.4 54.0 3.1 1.9 17.6 3.0 2.0 2.9 5.3 100.0 JUVENILES WITH DISPOSITION OF STANDARD PROBATION IN FY04 In FY04, 10,524 juveniles were given a disposition of standard probation, an increase of 3% from FY03. Dispositions to standard probation have remained fairly stable over the last 5 years with a total decline of only 3% from FY00 to FY04. Gender: Disposition of Standard Probation FY04 Male Female Unknown TOTAL 7,826 2,698 0 10,524 74.4% 25.6 0.0 100.0 Age: Disposition of Standard Probation FY04 8 9 10 11 12 13 14 15 16 17 Unknown TOTAL 1 7 28 76 325 787 1,464 2,228 2,520 3,073 15 10,524 0.0% 0.1 0.3 0.7 3.1 7.5 13.9 21.2 24.0 29.2 0.1 100. Ethnicity: Disposition of Standard Probation FY04 Hispanic African American Anglo Native American Asian/Pacific Islander 4,221 775 4,838 595 40.1% 7.7 46.0 5.7 49 0.5 Other 23 0.2 Unknown 23 0.2 10,524 100.0 TOTAL Education Status: Disposition of Standard Probation FY04 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown TOTAL 8,078 1,047 28 49 47 11 11 1,253 10,524 29 76.8% 10.0 0.3 0.5 0.5 0.1 0.1 11.9 100.0 JUVENILES WITH DISPOSITION OF STANDARD PROBATION IN FY04 Severity of Most Serious Offense: Disposition of Standard Probation FY04 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 799 2,113 2,119 869 1,502 1,816 762 374 170 TOTAL 7.6% 20.1 20.1 8.3 14.3 17.3 7.2 3.6 1.6 10,524 Offense Class of Most Serious Offense: Disposition of Standard Probation FY04 Felony 5,025 47.8% Misdemeanor 3,754 35.7 1,200 11.4 Status Other 373 172 3.5 1.6 TOTAL 10,524 100.0 Administrative 100.0 Number of Prior Referrals: Disposition of Standard Probation FY04 0 2,338 22.2% 1 2,016 19.2 2 1,765 16.8 3 1,320 12.5 4 887 8.4 5 671 6.4 6 433 4.1 7 294 2.8 8 or more 800 7.6 TOTAL 10,524 Sta n d a rd P rob a tion 12,000 10,000 11,039 10,524 10,870 10,830 8,000 10,244 6,000 4,000 2,000 0 FY00 FY01 FY02 30 FY03 FY04 100.0 This page intentionally left blank. JUVENILES WITH DISPOSITION OF JIPS IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 JIPS JUVENILES WITH DISPOSITIONS OF JIPS IN FY04 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. Juvenile Intensive Probation Supervision (JIPS) is a sentencing consequence used by the juvenile court judges for those youth who are in need of a higher level of supervision and a highly structured program. The program was enacted into law in 1987. The intent of this legislation was to create a program which would allow juvenile delinquents to remain at home under increased supervision and structure rather than be placed in either a residential treatment facility or the Arizona Department of Juvenile Corrections (ADJC). Financial considerations weighed heavily in the formation of the program, as JIPS is a less costly alternative than ADJC or residential treatment. JIPS differs from standard probation in the increased frequency of face to face contacts between the juvenile and the JIPS officer, the requirement to actively participate in 32 hours of structured activities per week, the liberty restrictions concerning unsupervised time out of the home, the frequency of drug testing on demand, and the lower caseload ratio. Additional information about the program is available in the JIPS Annual Report. The figures 31 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. County: Disposition of JIPS FY04 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL 27 103 70 36 37 7 8 885 105 56 362 135 48 119 267 2,265 1.2% 4.6 3.1 1.6 1.6 0.3 0.4 39.1 4.6 2.5 16.0 6.0 2.1 5.3 11.8 100.0 JUVENILES WITH DISPOSITION OF JIPS IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 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. Over the last five years, the number of juveniles placed on JIPS has decreased by 11% (7% between FY03 and FY04 alone). Gender: Disposition of JIPS FY04 Male Female Unknown 1,890 375 0 TOTAL 2,265 83.4% 16.6 0.0 100.0 Age: Disposition of JIPS FY04 8 9 10 11 12 13 14 15 16 17 Unknown TOTAL 0 0 2 6 38 120 292 502 662 640 3 2,265 0.0% 0.0 0.1 0.3 1.7 5.3 12.9 22.2 29.2 28.3 0.1 100.0 Ethnicity: Disposition of JIPS FY04 Hispanic African American Anglo Native American Asian/Pacific Islander 1,058 174 941 82 46.7% 7.7 41.6 3.6 5 0.2 Other 3 0.1 Unknown 2 0.1 2,265 100.0 TOTAL Education Status: Disposition of JIPS FY04 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 1,646 391 22 22 20 6 6 152 TOTAL 2,265 32 72.7% 17.3 1.0 1.0 0.9 0.3 0.3 6.7 100.0 JUVENILES WITH DISPOSITION OF JIPS IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY04 Severity of Most Serious Offense: Disposition of JIPS FY04 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 229 578 1,027 70 196 113 40 0 12 TOTAL 2,265 Offense Class of Most Serious Offense: Disposition of JIPS FY04 Felony 1,197 52.9% Misdemeanor 354 15.6 Administrative 704 31.1 Status Other 0 10 0.0 0.4 TOTAL 2,265 100.0 10.1% 25.5 45.3 3.1 8.7 5.0 1.8 0.0 0.5 100.0 Number of Prior Referrals: Disposition of JIPS FY04 0 91 4.0% 1 118 5.2 2 157 6.9 3 226 10.0 4 219 9.7 5 242 10.7 6 250 11.0 7 182 8.0 8 or more 780 34.4 TOTAL 2,265 In ten siv e P rob a tion 3,000 2,500 2,000 2,552 2,512 2,549 2,432 2,265 FY03 FY04 1,500 1,000 500 FY00 FY01 FY02 33 100.0 This page intentionally left blank. JUVENILES WITH DISPOSITIONS TO ADJC IN FY04 ADJC JUVENILES WITH DISPOSITIONS TO ADJC IN FY04 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. 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 34 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 can be found in the Notes section at the end of the document.5 County: Disposition to ADJC FY04 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 8 32 22 13 5 3 1 457 37 13 175 53 12 15 38 TOTAL 884 0.9% 3.6 2.5 1.5 0.6 0.3 0.1 51.7 4.2 1.5 19.8 6.0 1.4 1.7 4.3 100.0 JUVENILES WITH DISPOSITIONS TO ADJC IN FY04 In FY04, 884 juveniles were committed to ADC, a decline of 4.5% from FY03. Over the last five years, commitments dropped by 31.7%. 45% of the juveniles were committed for obstruction of justice offenses such as probation and parole violations. The most severe offense is generally not the only consideration in the commitment (i.e., prior offense history, prior placement, risk to the community and need for a more secure placement). 60.5% of the juveniles committed to ADJC had 8 or more prior referrals, suggesting that the more chronic offenders are being placed in ADJC. Gender: Disposition to ADJC FY04 Male Female Unknown 770 114 0 TOTAL 884 87.1% 12.9 0.0 100.0 Age: Disposition to ADJC FY04 8 9 10 11 12 13 14 15 16 17 Unknown 0 0 0 0 2 11 70 172 284 345 0 TOTAL 884 0.0% 0.0 0.0 0.0 0.2 1.2 7.9 19.5 32.1 39.0 0.0 100.0 Ethnicity: Disposition to ADJC FY04 Hispanic African American Anglo Native American Asian/Pacific Islander 424 82 332 39 48.0% 9.3 37.6 4.4 4 0.5 Other 1 0.1 Unknown 2 0.2 884 100.0 TOTAL Education Status: Disposition to ADJC FY04 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 477 267 11 14 21 2 3 89 TOTAL 884 35 54.0% 30.2 1.2 1.6 2.4 0.2 0.3 10.1 100.0 JUVENILES WITH DISPOSITIONS TO ADJC IN FY04 Severity of Most Serious Offense: Disposition to ADJC FY04 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 98 208 399 30 71 52 15 3 8 TOTAL 884 Offense Class of Most Serious Offense: Disposition to ADJC FY04 Felony 458 51.8% Misdemeanor 126 14.3 Administrative 290 32.8 Status Other 3 7 0.3 0.8 TOTAL 884 100.0 11.1% 23.5 45.1 3.4 8.0 5.9 1.7 0.3 0.9 100.0 Number of Prior Referrals: Disposition to ADJC FY04 0 14 1.6% 1 16 1.8 2 20 2.3 3 36 4.1 4 54 6.1 5 52 5.9 6 82 9.3 7 75 8.5 8 or more 535 60.5 TOTAL 884 926 884 ADJC 1,500 1,200 1,290 1,081 900 1,018 600 300 0 FY00 FY01 FY02 36 FY03 FY04 100.0 This page intentionally left blank. JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY04 DIRECT FILED & TRANSFERRED JUVENILES DIRECT FILED AND TRANSFERRED TO ADULT COURT IN FY04 Statutory provisions specify circumstances for prosecuting juveniles as if they were adults in criminal court. Juveniles may be either direct filed in or transferred to adult court. The provisions (presented here as pathways) 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 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. 37 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: At the discretion of the county attorney, any 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. JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY04 Pathways for Juveniles Filed in Adult Court FY04 Pathways Transfer Mandatory Mandatory Prior Conviction Chronic Discretionary Number of Juveniles 105 166 TOTAL % of Total 21.1% 33.4 26 61 140 5.2 12.3 28.0 *498 100.0 County: Direct Filed in and Transferred to Adult Court FY04 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 2 4 9 4 1 1 0 314 7 1 115 15 2 12 11 TOTAL *498 0.4% 0.8 1.8 0.8 0.2 0.2 0.0 63.1 1.4 0.2 23.1 3.0 0.4 2.4 2.2 100.0 *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. 38 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY04 DIRECT FILED IN ADULT 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. Arizona Revised Statutes §13-501 mandates that the “county attorney shall bring criminal prosecution against a juvenile in the same manner as an adult if the juvenile is fifteen, sixteen, or seventeen years of age and is accused of any of the following offenses”: 1. First degree murder; 2. Second degree murder; 3. Forcible sexual assault; 4. Armed robbery; 5. Any other violent offenses, defined as aggravated assault A.R.S. §131204 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). 39 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. County: Juveniles Direct Filed in Adult Court FY04 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma 1 2 9 1 0 0 0 258 3 0 99 10 2 2 6 TOTAL 393 0.3% 0.5 2.3 0.3 0.0 0.0 0.0 65.7 0.8 0.0 25.2 2.5 0.5 0.5 1.5 100.0 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY04 From FY00 to FY04, direct filings to adult court dropped by 41%. Over the past year, direct filings declined by 16%.1 Gender: Juveniles Direct Filed FY04 Male Female Unknown 372 21 0 TOTAL 393 94.7% 5.3 0.0 100.0 Age: Juveniles Direct Filed FY04 8 9 10 11 12 13 14 15 16 17 Unknown 0 0 0 0 0 0 6 49 122 213 3 TOTAL 393 0.0% 0.0 0.0 0.0 0.0 0.0 1.5 12.5 31.0 54.2 0.8 100.0 Ethnicity: Juveniles Direct Filed FY04 Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown TOTAL 221 52 104 15 56.2% 13.2 26.5 3.8 1 0.3 0 0.0 0 0.0 393 100.0 Education Status: Juveniles Direct Filed FY04 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown 185 142 2 1 5 3 0 55 TOTAL 393 40 47.1% 36.1 0.5 0.3 1.3 0.8 0.0 14.0 100.0 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY04 Severity of Most Serious Offense: Juveniles Direct Filed FY04 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 216 110 2 6 44 13 2 0 0 TOTAL 393 Offense Class of Most Serious Offense: Juveniles Direct Filed FY04 Felony 383 97.5% Misdemeanor 10 2.5 Administrative 0 0.0 Status Other 0 0 0.0 0.0 TOTAL 393 100.0 55.0% 28.0 0.5 1.5 11.2 3.3 0.5 0.0 0.0 100.0 Number of Prior Referrals: Juveniles Direct Filed FY04 0 62 15.8% 1 48 12.2 2 36 9.2 3 26 6.6 4 24 6.1 5 18 4.6 6 22 5.6 7 19 4.8 8 or more 138 35.1 TOTAL 393 Adult Court Direct Filed 800 700 600 670 500 582 400 476 470 FY02 FY03 300 393 200 100 0 FY00 FY01 41 FY04 100.0 This page intentionally left blank. JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY04 TRANSFERRED TO ADULT COURT 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. SB 1446 also changed A.R.S. §8-327 which details the process for transferring juveniles to adult 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 42 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 County: Juveniles Transferred to Adult Court FY04 Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL 1 2 0 3 1 1 0 56 4 1 16 5 0 10 5 105 1.0% 1.9 0.0 2.9 1.0 1.0 0.0 53.3 3.8 1.0 15.2 4.8 0.0 9.5 4.8 100.0 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY04 From FY03 to FY04, transfers to adult court increased by 8%. Over the last five years, however, transfers have dropped by 25.5%. The gradual increase in transfers and decline in direct filings appears to be a continuing trend. Gender: Juveniles Transferred FY04 Male Female Unknown TOTAL 96 9 0 91.4% 8.6 0.0 105 100.0 Age: Juveniles Transferred FY04 8 9 10 11 12 13 14 15 16 17 Unknown TOTAL 0 0 0 0 0 0 1 2 7 86 9 0.0% 0.0 0.0 0.0 0.0 0.0 1.0 1.9 6.7 81.9 8.6 105 100.0 Ethnicity: Juveniles Transferred FY04 Hispanic African American Anglo Native American Asian/Pacific Islander Other Unknown TOTAL 63 3 36 1 60.0% 2.9 34.3 1.0 1 1.0 0 0.0 1 1.0 105 100.0 Education Status: Juveniles Transferred FY04 Enrolled Not Enrolled Expelled Suspended Withdrawn Graduated GED Program Unknown TOTAL 38 42 0 0 2 0 0 23 105 43 36.2% 40.0 0.0 0.0 1.9 0.0 0.0 21.9 100.0 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY04 Severity of Most Serious Offense: Juveniles Transferred FY04 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 21 62 0 0 14 7 1 0 0 TOTAL 20.0% 59.1 0.0 0.0 13.3 6.7 1.0 0.0 0.0 105 Offense Class of Most Serious Offense: Juveniles Transferred FY04 Felony 100 95.2% Misdemeanor 5 4.8 Administrative 0 0.0 Status Other 0 0 0.0 0.0 TOTAL 105 100.0 100.0 Number of Prior Referrals: Juveniles Transferred FY04 0 21 20.0% 1 13 12.4 2 10 9.5 3 9 8.6 4 8 7.6 5 8 7.6 6 2 1.9 7 2 1.9 8 or more 32 30.5 TOTAL 105 Juveniles Transferred to Adult Court 160 140 120 141 100 80 99 89 60 97 105 40 20 0 FY00 FY01 FY02 44 FY03 FY04 100.0 This page intentionally left blank. SPECIAL TOPIC: GENDER FY04 SPECIAL TOPIC: GENDER JUVENILES REFERRED IN FY04 In January, 2005, the Child Welfare League hosted a conference National Girls Initiative: Florence Crittendon Roundtable 2005. This “special topics” section was prompted by that conference and other work being done in Arizona. This section offers an initial analysis of the differences between boys and girls in Arizona’s juvenile justice system. Information is provided on referrals, age at first referral, offense severity, proportions of boys and girls at each stage in the juvenile justice system, and treatment received in FY04. Over the last decade, increasing attention has been paid to girls in the juvenile justice system. According to the Office of Juvenile Justice and Delinquency Prevention (2002), girls’ arrests have been increasing in most categories faster than boys’ arrests. In Arizona, the proportions have held fairly constant although girls’ referrals are increasing at a faster rate than boys’ referrals. Over the last five years, there has been a 3.6% increase in girls referred compared to a 2.3% increase in boys referred. Traditionally, boys have been seen as committing more delinquent and serious offenses than girls. The proportions of boys and girls in the Arizona juvenile justice system bear out this view. As seen below, boys make up an increasing percentage of the total number of juveniles as they move through the juvenile justice system. Percentage of Each Gender at Stages in the Juvenile Justice System FY04 Female 33.6% Referral Detention Diversion Petitioned Dismissed Penalty Only Standard Probation JIPS ADJC Direct Filed Transferred Male 66.4% 25.5 39.6 74.6 60.4 25.9 28.8 27.1 74.2 71.2 72.9 25.6 16.6 74.4 83.4 12.9 5.3 87.1 94.7 8.6 91.4 R e f e r r a l s by G e n d e r FY2000 to FY2004 40000 35000 30000 34,202 33,183 32,780 16,166 17,049 17,195 16,785 2000 2001 2002 32,391 33,136 25000 20000 15000 Fem ale 16,742 10000 5000 0 45 2003 2004 Male SPECIAL TOPIC: GENDER FY04 Average Age For the juveniles referred in FY04, girls entered the juvenile justice system for the first time at the same age as boys (average age of 14.1 for girls compared to 13.8 for boys). Offense Severity and Type Girls and boys differ in the distribution of their referral offenses. Three offense categories make up two-thirds of girls referrals: public peace (24.9%); status (24.2%); and misdemeanors against property (17.6%). On the other hand, apart from public peace offenses (27.4%), boys’ referral offenses are more equally distributed across severity categories. Misdemeanors make up the largest proportion of offenses for both boys and girls. Over the last five years, however, felonies have consistently made up a greater percentage of the total referral offenses for boys than for girls. Interestingly though, the proportion of girls’ felonies increased from 16.5% in FY00 to 18.0% FY04 while the proportion of boys’ felonies dropped (36.1% in FY00 to 35.0% in FY04). Average Age at First Referral FY04 Age 14.1 13.8 Female Male TOTAL # 16,742 33,136 49,878 Severity of Most Serious Referral Offense: Percentage By Gender FY04 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 Female 2.5% 5.8 7.7 9.4 7.4 24.9 17.6 24.2 0.5 100.0 Male 6.2% 12.9 9.6 8.3 11.3 27.4 11.5 12.1 0.7 100.0 Offense Type of Most Serious Referral Offense: Percentage By Gender FY2000 to FY2004 Female Male Felony 2000 2001 2002 2003 2004 2,669 (16.5%) 2,865 (16.8%) 3,083 (17.9%) 2,923 (17.4%) 3,016 (18.0%) 11,690 (36.1%) 12,112 (35.4%) 11,709 (35.3%) 11,267 (34.4%) 11,585 (35.0%) Misdemeanor 2000 2001 2002 2003 2004 8,219 (50.8%) 8,457 (49.6%) 8,612 (50.1%) 8,699 (51.8%) 8,702 (52.0%) 14,620 (45.1%) 15,458 (45.2%) 14,969 (45.1%) 15,365 (46.9%) 15,369 (46.4%) 46 SPECIAL TOPIC: GENDER FY04 Juveniles Referred in FY04 Treatment Received Of the 16,742 girls referred in FY04, 35% received treatment services during the year compared to 39% of the boys. On average, $812.30 was spent on treatment for girls and $937.29 was spent on boys. The biggest allocation of treatment monies for both boys (31.8%) and girls (47.7%) was for “Out of Home” services (residential, group homes, detention alternatives, etc.). The next largest amount of money spent on boys was for sex offender treatment (19.3%) and general outpatient mental health for girls. Who Received Treatment (Tx) in FY04 Total Referred 16,942 33,136 Female Male TOTAL Rec’d Tx 5,866 12,886 % 35.0% 38.9 18,752 FY04 Treatment Expenditures by Category Percentage of Total Dollars Spent % Female Ancillary Services 3.7% Behavioral Support Service 3.6 Competency Restoration 1.3 Delinquency Prevention 9.0 Evaluation and Diagnosis 4.0 Foster Home 0.5 Functional Family Therapy 1.7 Out-of-Home 47.7 Outpatient 13.5 R.A.F.T. 2.9 Sex Offender 1.0 Substance Abuse 11.0 Violence Intervention 0.0 TOTAL $4,656,639.14 47 % Male 5.2% 3.5 2.7 7.2 5.3 1.0 1.1 31.8 11.1 1.9 19.3 9.9 0.1 $11,917,929.11 This page intentionally left blank. Arizona Juvenile Population Estimates and Projections: Ages 8-17 1990-2010 1000000 900000 800000 700000 995,634 971,288 922,597 898,251 873,905 833,751 812,737 789,948 752,924 713,624 682,014 668,233 648,509 624,535 607,308 585,659 563,129 200000 539,719 300000 515,429 400000 849,559 500000 946,943 600000 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. 48 This page intentionally left blank. JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY04 NOTES JUVENILES PROCESSED FY04 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. 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. 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, 49 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY04 hallucinogen, or prescription) or drug paraphernalia, involving a minor in a drug offense. Public Peace (Felonies and Misdemeanors) - Aggravated DUI, alcohol under age consumption, carry concealed weapon, child neglect, commercial sex, contributing delinquency of minor, crime against nature, cruelty to animals, disorderly conduct, disturbing the peace, DUI, eavesdropping, false reporting, failure to stop, 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. 4. Categories of Top Ten Offenses: a. Alcohol offenses may include consumption or possession; use of a false identification; introduction of alcohol into secure care; providing alcohol to a minor; possession or consumption in a vehicle. b. Assault-Domestic Violence offenses involve assaults (i.e., intimidation, attempted injury, child abuse, endangerment, custodial interference) which are linked to domestic violence. c. Assault-Simple offenses are typically misdemeanor assault offenses which may include simple assault, facilitation and solicitation of assault. d. Curfew offenses involve municipality-determined times when juveniles are not supposed to be out on the streets. Curfew laws are based on the assumption that they lessen the circumstances in which crime can occur. e. Disorderly Conduct offenses are felony and misdemeanors which may involve disturbing the peace, unlawful assembly, and disorderly conduct with a weapon. f. Marijuana Possession offenses involve felony and misdemeanor possession and attempted possession of marijuana. g. Probation Violations refer to acts by a probationer (i.e., curfew violations, failure to attend school) contrary to his or her conditions or terms of probation. A petition to revoke or modify probation may be filed as a result. In some cases, a petition to revoke or modify probation is filed in conjunction with a new offense. The probation violation becomes the most serious offense when the new offense is dismissed by the county attorney or judicial officer. h. Runaway offenses involve juveniles who have either runaway from home or attempted to runaway. i. Shoplift-Misdemeanor offenses involve attempted, facilitated, and solicited shoplifting of any amount and shoplifting of less than $250. j. Truancy offenses occur when a school files a referral based on unexcused absences. Statutory requirements for diversion based on A.R.S. §8-321: 50 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY04 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. §28-692 (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. 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. 51 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY04 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. 5. Commitment Guidelines: 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. 6. 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. 7. 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 52 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY04 of the Courts, Juvenile Justice Services Division, May, 1997. LeCroy, Craig W., Krysik, Judy, and Palumbo, Dennis. Empirical Validation of the Arizona Risk/Needs Instrument and Assessment Process. Phoenix, AZ. A report prepared for the Administrative Office of the Courts, Juvenile Justice Services Division, December, 1998. McNulty, Elizabeth W. and Russell, J. Neil. Juvenile Commitment Guidelines Departure Research Project. Phoenix, AZ: Administrative Office of the Courts, Juvenile Justice Services Division, September, 1995. 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. Snyder, Howard N. Juvenile Arrests 2000. Office of Juvenile Justice and Delinquency Prevention, November 2002. 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. 8. Data on dispositions to Standard Probation and JIPS include juveniles who are continued on Standard Probation and JIPS. 53 This page intentionally left blank. JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY04 GLOSSARY JUVENILE JUSTICE TERMS Adjudication Hearing. In the juvenile court, the adjudication hearing is the proceeding in which a juvenile is found to be a delinquent, incorrigible or dependent youth. The hearing is relatively formal and is attended by the judicial officer, county attorney, defense attorney and the juvenile. The parents/guardians and a juvenile probation officer may also attend, along with any victims or witnesses required. The adjudication hearing is sometimes compared to the trial process in adult court, without the jury. In some respects, an "adjudication" for a delinquent offense is the juvenile court's equivalent of a "criminal conviction" in adult court. Adult Court. Adult court has been defined in statute as the appropriate justice court, municipal court or criminal division of Superior Court with jurisdiction to hear offenses committed by juveniles. The new law specifies that juveniles who commit certain offenses, are chronic felony offenders, or have historical prior convictions, must be prosecuted in the adult court and if convicted, are subject to adult sentencing laws. Adult Probation. Adult probation is a function of the judicial branch of government, and has as its primary responsibility the community-based supervision of adults convicted of criminal offenses who are not sentenced to prison. Juveniles prosecuted as adults and who are placed on probation, are placed on adult probation. Arizona Department of Juvenile Corrections (ADJC). The ADJC is operated by the executive branch and is the juvenile counterpart of the Department of Corrections. ADJC operates facilities and programs primarily aimed at more serious juvenile offenders committed to their care and custody by the juvenile courts. ADJC operates secure correctional facilities, community-based after care programs, and juvenile parole. Chronic Felony Offender. A chronic felony offender is statutorily defined as a juvenile who on two prior separate occasions was adjudicated delinquent for an offense that would have been comparable to a felony offense had the juvenile been prosecuted as an adult, and who commits a third felony offense. The county attorney is required by statute to bring criminal prosecution in adult court against all juveniles 15 years of age or older who are charged with committing a third felony offense. The county attorney has discretion to also indict 14-year-old juveniles as chronic felony offenders and to prosecute them as adults. Community-Based Alternative Program (CBAP). As used in Senate Bill 1446 and the new juvenile statutes, Community-Based Alternative Programs are not specifically defined. However, the term "CBAP" has been used generally in reference to citizen boards established throughout local communities by county attorneys and/or juvenile courts. In cases where the county attorney has authorized "diversion," the juvenile and his parent(s) or guardian(s) may be referred to a CBAP, where the panel of citizens will review the offense, question the juvenile and issue a consequence. The fundamental intent of this type of Community-Based Alternative Program is to increase citizen involvement in the juvenile justice process. 54 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY04 Community Service. When used as a "diversion" consequence, community service is unpaid work performed by a juvenile who admits to the delinquency or incorrigible charges and is eligible to have his/her prosecution "diverted" by the county attorney. Community service may also be a condition of juvenile probation. Community service work may involve such things as graffiti abatement, litter cleanup or any other public or private community assistance project under the supervision of the county attorney or juvenile court. Complaint. By statute, a complaint is a written statement or report normally prepared by a law enforcement officer and submitted under oath to the Juvenile Court or the Superior Court, alleging that a juvenile has violated the law. It is also called a "delinquency complaint" or "written referral" (paper referral). Delinquent Juvenile. A delinquent juvenile is simply a juvenile who commits an illegal offense. If the same offense had been committed by an adult, the offense would be a criminal act. Detention. Juvenile detention is specifically defined as the temporary confinement of a juvenile in a physically restricting facility, surrounded by a locked and physically restrictive secure barrier, with restricted ingress and egress. Juveniles are typically held in detention pending court hearings for purposes of public protection, their own protection or as a consequence for their misbehavior. Discretionary Filings. The statutes permit the county attorney to bring criminal prosecution in adult court if the juvenile is 14 years of age or older and is accused of the serious, chronic and violent offenses enumerated in the law that warrant mandatory adult prosecution for juveniles 15 years of age or older. In addition, criminal prosecution may be brought against any juvenile with a prior conviction in adult court. Essentially, county attorneys have full discretion in these instances to file a petition in juvenile court or to seek adult prosecution. Disposition Hearing. A disposition hearing is conducted following the adjudication hearing to determine the most appropriate punishment or intervention for the juvenile. This hearing is comparable to a "sentencing hearing" in the adult criminal court. Simply stated, "disposition" refers to the process by which the juvenile court judge decides what to do with the juvenile. Diversion. Diversion is a process by which formal court action (prosecution) is averted. The diversion process is an opportunity for youth to admit their misdeeds and to accept the consequences without going through a formal adjudication and disposition process. By statute, the county attorney has sole discretion to divert prosecution for juveniles accused of committing any incorrigible or delinquent offense. Incorrigible Youth. Juveniles who commit offenses which would not be considered crimes if they were committed by adults are called status offenders (incorrigible youth). Typically, incorrigible youth are juveniles who refuse to obey the reasonable and proper directions of their parents or guardians. Juveniles who are habitually truant from school, run away from home, or violate curfew are considered to be incorrigible. 55 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY04 Intake. Intake occurs when a youth is referred to the juvenile probation department with a delinquent or incorrigible charge. Intake staff determine if a youth is eligible for diversion, per the county attorney's criteria, or whether the juvenile must be referred to the county attorney for possible prosecution. Intake officers meet with the juveniles and their parents, coordinate diversion consequences and issue reports to the court and county attorney. Juvenile Intensive Probation Supervision (JIPS). Arizona Revised Statutes (A.R.S. § 8351) defines JIPS as "a program…..of highly structured and closely supervised juvenile probation…..which emphasizes surveillance, treatment, work, education and home detention." A primary purpose of JIPS is to reduce the commitments to the Arizona Department of Juvenile Corrections (ADJC) and other institutional or out-of-home placements. The statutes require that all juveniles adjudicated for a second felony offense must be placed on JIPS, committed to ADJC, or sent to adult court. Mandatory Offenses. The statutes mandate that certain serious, violent and chronic offenses, when committed by juveniles of a certain age, must be prosecuted in the adult criminal division of Superior Court. These "mandatory offenses" coincide with the crimes now enumerated in the State Constitution, as amended through the provisions of Proposition 102 and approved by Arizona voters at the 1996 general election. Parole. This term refers only to those juveniles who have been committed to ADJC and are then placed on juvenile "parole" upon their release. Juvenile parole is normally considered to be "conditional liberty." Parole is an executive branch function. Petition. A "petition" is a legal document filed in the juvenile court alleging that a juvenile is a delinquent, incorrigible, or a dependent child and requesting that the court assume jurisdiction over the youth. The petition initiates the formal court hearing process of the juvenile court. The county attorney, who determines what charges to bring against the juvenile, prepares the delinquent or incorrigibility petition. Referrals. Referrals can be made by police, parents, school officials, probation officers or other agencies or individuals requesting that the juvenile court assume jurisdiction over the juvenile's conduct. Referrals can be "paper referrals" issued as citations or police reports or "physical referrals" as in an actual arrest and custody by law enforcement. Juveniles may have multiple referrals during any given year or over an extended period of time between the ages of 8-17. Multiple referrals typically signal high risk, even when the referrals are for numerous incorrigible or relatively minor offenses. Standard Probation. A program for the supervision of juveniles placed on probation by the court. These juveniles are under the care and control of the court and are supervised by probation officers. 56 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY04 Transfer Hearing: A transfer hearing is held when the county attorney requests that the juvenile court consider transferring its jurisdiction of the juvenile to the adult criminal division of Superior Court. The juvenile court judge may decide to waive or retain jurisdiction in such matters based on A.R.S. §8-327, but must state on the official court record the reasons for the decision. 57 Produced and Published by Arizona Supreme Court Administrative Office of the Courts ™ Juvenile Justice Services Division 1501 W. Washington, Suite 337 ™ Phoenix, Arizona 85007-3231 (602) 542-9443 www.supreme.state.az.us/jjsd/ This publication can be provided in an alternative format upon request to assist persons with disabilities under the provisions of the Americans with Disabilities Act.