Juveniles Processed in the Arizona Court System FY 2007 JULY 1, 2006 - JUNE 30, 2007 ADMINISTRATIVE OFFICE OF THE COURTS JUVENILE JUSTICE SERVICES DIVISION Research & Information Unit | Suite 337 | 602.452.3743 This Report Produced and Published By Administrative Office of the Courts Juvenile Justice Services Division Rob Lubitz, Director Amy Stuart, Program Manager Dick Kennedy, Researcher David Redpath, Researcher Margarita Aguilera, Business Analyst Silvia Sandoval, Administrative Assistant Special thanks to the JOLTS Coordinators, Directors, and staff for their diligence in ensuring quality data for this report. JUVENILES PROCESSED IN THE ARIZONA SUPERIOR COURT SYSTEM, FY07 CONTENTS Introduction and Trends..................................................................................1 Referral Processing..........................................................................................7 Juveniles Referred................................................................................... 7 Juveniles Detained ................................................................................ 10 Juveniles Diverted ................................................................................. 12 Court Processing ............................................................................................14 Juveniles with Petitions Filed .................................................................. 14 Juveniles with Dispositions of Dismissed.................................................. 16 Juveniles with Dispositions of Penalty Only.............................................. 18 Juveniles with Dispositions to Standard Probation .................................... 20 Juveniles with Dispositions to JIPS.......................................................... 22 Selected Topics ..............................................................................................24 ADJC ................................................................................................... 24 ADJC & AOC Comparison ....................................................................... 26 Adult Court Processing........................................................................... 29 Direct Filed and Transferred – Update..................................................... 34 Gender ................................................................................................. 36 Notes & Glossary of Juvenile Justice Terms .................................................39 i JUVENILES PROCESSED IN THE ARIZONA SUPERIOR COURT SYSTEM, FY07 LIST OF TABLES & GRAPHS Introduction & Trends Juvenile Justice Flow Chart ........................................................................................... 3 Arizona Juvenile Court Activity FY07.............................................................................. 4 Arizona Juvenile Population Estimates and Projections: Ages 8 – 17, 1990-2010 ............. 4 The Number of Juveniles Dispositioned to Probation, Intensive Probation, ADJC and Adult Court: Fiscal Years 2001 - 2007 ........................................................... 5 Referrals, Petitions Filed, Juveniles Referred and Petitioned, FY 2001 - 2007 ................... 5 Pathways for Juveniles Transferred and/or Direct Filed in Adult Court: FY 2001 - 2007..... 6 Juveniles Referred 1.1 County................................................................................................................... 7 1.2 Gender .................................................................................................................. 7 1.3 Age ....................................................................................................................... 7 1.4 Ethnicity ................................................................................................................ 8 1.5 Education Status .................................................................................................... 8 1.6 Number of Prior Referrals ....................................................................................... 8 1.7 Severity of Most Serious Offense ............................................................................. 8 1.8 Offense Class of Most Serious Offense ..................................................................... 8 Graph: Five Year Trend ................................................................................................ 8 1.9 Top Ten Referral Categories.................................................................................... 9 1.10 Top Ten Referral Categories for Previous Fiscal Years ............................................. 9 Juveniles Detained 2.1 County................................................................................................................. 10 2.2 Gender ................................................................................................................ 10 2.3 Age ..................................................................................................................... 11 2.4 Ethnicity .............................................................................................................. 11 2.5 Education Status .................................................................................................. 11 2.6 Number of Prior Referrals ..................................................................................... 11 2.7 Severity of Most Serious Offense ........................................................................... 11 2.8 Offense Class of Most Serious Offense ................................................................... 11 Graph: Five Year Trend .............................................................................................. 11 Juveniles Diverted 3.1 County................................................................................................................. 12 3.2 Gender ................................................................................................................ 12 3.3 Age ..................................................................................................................... 12 3.4 Ethnicity .............................................................................................................. 13 3.5 Education Status .................................................................................................. 13 3.6 Number of Prior Referrals ..................................................................................... 13 3.7 Severity of Most Serious Offense ........................................................................... 13 3.8 Offense Class of Most Serious Offense ................................................................... 13 Graph: Five Year Trend .............................................................................................. 13 Juveniles with Petitions Filed 4.1 County................................................................................................................. 14 4.2 Gender ................................................................................................................ 14 4.3 Age ..................................................................................................................... 14 4.4 Ethnicity .............................................................................................................. 15 4.5 Education Status .................................................................................................. 15 4.6 Number of Prior Referrals ..................................................................................... 15 4.7 Severity of Most Serious Offense ........................................................................... 15 4.8 Offense Class of Most Serious Offense ................................................................... 15 ii Graph: Five Year Trend .............................................................................................. 15 Juveniles with Disposition of Dismissed 5.1 County................................................................................................................. 16 5.2 Gender ................................................................................................................ 16 5.3 Age ..................................................................................................................... 16 5.4 Ethnicity .............................................................................................................. 17 5.5 Education Status .................................................................................................. 17 5.6 Number of Prior Referrals ..................................................................................... 17 5.7 Severity of Most Serious Offense ........................................................................... 17 5.8 Offense Class of Most Serious Offense ................................................................... 17 Graph: Five Year Trend .............................................................................................. 17 Juveniles with Dispositions of Penalty Only 6.1 County................................................................................................................. 18 6.2 Gender ................................................................................................................ 18 6.3 Age ..................................................................................................................... 18 6.4 Ethnicity .............................................................................................................. 19 6.5 Education Status .................................................................................................. 19 6.6 Number of Prior Referrals ..................................................................................... 19 6.7 Severity of Most Serious Offense ........................................................................... 19 6.8 Offense Class of Most Serious Offense ................................................................... 19 Graph: Five Year Trend .............................................................................................. 19 Juveniles with Dispositions to Standard Probation 7.1 County................................................................................................................. 20 7.2 Gender ................................................................................................................ 20 7.3 Age ..................................................................................................................... 20 7.4 Ethnicity .............................................................................................................. 21 7.5 Education Status .................................................................................................. 21 7.6 Number of Prior Referrals ..................................................................................... 21 7.7 Severity of Most Serious Offense ........................................................................... 21 7.8 Offense Class of Most Serious Offense ................................................................... 21 Graph: Five Year Trend .............................................................................................. 21 Juveniles with Dispositions to JIPS 8.1 County................................................................................................................. 22 8.2 Gender ................................................................................................................ 22 8.3 Age ..................................................................................................................... 22 8.4 Ethnicity .............................................................................................................. 23 8.5 Education Status .................................................................................................. 23 8.6 Number of Prior Referrals ..................................................................................... 23 8.7 Severity of Most Serious Offense ........................................................................... 23 8.8 Offense Class of Most Serious Offense ................................................................... 23 Graph: Five Year Trend .............................................................................................. 23 Juveniles with Dispositions to ADJC 9.1 County................................................................................................................. 24 9.2 Age ..................................................................................................................... 24 9.3 Gender ................................................................................................................ 25 9.4 Ethnicity .............................................................................................................. 25 9.5 Education Status .................................................................................................. 25 9.6 Number of Prior Referrals ..................................................................................... 25 9.7 Severity of Most Serious Offense ........................................................................... 25 9.8 Offense Class of Most Serious Offense ................................................................... 25 Graph: Five Year Trend .............................................................................................. 25 ADJC & AOC Comparison Graph: Juveniles Originally Committed, FY 2001 – FY 2007 .......................................... 26 10.1 Commitments FY07 ............................................................................................ 26 10.2 Commitments FY06 ............................................................................................ 27 10.3 Commitments FY05 ............................................................................................ 27 iii 10.4 Commitments FY04 ............................................................................................ 28 10.5 Commitments FY03 ............................................................................................ 28 Juveniles Direct Filed in and Transferred to Adult Court 11.1 Pathways for Juveniles Filed in Adult Court .......................................................... 29 11.2 County: Direct Filed in and Transferred to Adult Court ......................................... 29 Juveniles Direct Filed in Adult Court 11.3 County............................................................................................................... 30 11.4 Gender .............................................................................................................. 30 11.5 Age ................................................................................................................... 30 11.6 Ethnicity ............................................................................................................ 31 11.7 Education Status ................................................................................................ 31 11.8 Number of Prior Referrals ................................................................................... 31 11.9 Severity of Most Serious Offense ......................................................................... 31 11.10 Offense Class of Most Serious Offense ............................................................... 31 Graph: Five Year Trend .............................................................................................. 31 Juveniles Transferred to Adult Court 11.11 County ............................................................................................................. 32 11.12 Age.................................................................................................................. 32 11.13 Gender............................................................................................................. 33 11.14 Ethnicity........................................................................................................... 33 11.15 Education Status............................................................................................... 33 11.16 Number of Prior Referrals................................................................................. .33 11.17 Severity of Most Serious Offense ....................................................................... 33 11.18 Offense Class of Most Serious Offense ............................................................... 33 Graph: Five Year Trend .............................................................................................. 33 Direct Filed and Transferred – Update 11.19 Pathways for Juveniles Filed FY06......................................................................34 11.20 County FY06..................................................................................................... 34 11.21 Pathways for Juveniles Filed FY05...................................................................... 34 11.22 County FY05……...............................................................................................34 11.23 Pathways for Juveniles Filed FY04..................................................................... 35 11.24 County FY04..................................................................................................... 35 11.25 Pathways for Juveniles Filed FY03...................................................................... 35 11.26 County FY03..................................................................................................... 35 Gender 12.1 Percentage of Each Gender at Stages in the Juvenile Justice System ..................... 36 12.2 Average Age at First Referral............................................................................... 37 12.3 Severity of the Most Serious Referral Offense....................................................... 37 12.4 Offense Type of Most Serious Referral Offense..................................................... 37 12.5 Juveniles Referred Who Received Treatment........................................................ 38 12.6 Treatment Expenditures...................................................................................... 38 Graph: Referrals by Gender ........................................................................................ 38 iv JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY07 Introduction & Trends JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY07 This is the fourteenth 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 twenty-five years, and statewide for more than fifteen years. Each Juvenile Court actively participates in collecting and maintaining the data to ensure quality and accuracy. This report provides an overview of the juveniles processed at various stages of the juvenile justice system statewide during fiscal year 2007. Selected breakdowns of unduplicated juvenile counts1 are presented at the following stages: ƒ ƒ ƒ ƒ ƒ ƒ Referral Detention Diversion Petition Dismissed Penalty Only ƒ ƒ ƒ ƒ ƒ Standard Probation Juvenile Intensive Probation Supervision (JIPS) Arizona Department of Juvenile Corrections (ADJC) Juveniles Direct Filed in and Transferred to Adult Court Special classification of each stage by Gender 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 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. In other words, one or more of the stages presented in this report happened during the year. Juveniles who 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 FY07. The number of juveniles processed in the juvenile justice system is influenced by several factors, such as legislative actions, law enforcement and prosecutorial practices, and the number of juveniles ages 8 to 17 years old in the Arizona population. Throughout 2007, the juvenile population has continued to increase steadily, as evidenced in the Arizona Juvenile Population Estimates and Projections chart in this section. 3 The charts in this report reflect a slight decrease in juvenile offense activity in spite of a very large increase in juvenile population. The “at risk” population, juveniles between the ages of 8 to 17, has increased almost 20% from FY 2001 through FY 2007. Juveniles referred and petitioned along with overall numbers of referrals and petitions are down in each category over the same time frame. The flow chart of the juvenile justice system in this section of the report is followed by a chart entitled Arizona Juvenile Court Activity FY07 that illustrates selected stages within the juvenile justice system and the number of juveniles processed at each stage. In the Arizona Juvenile Court Activity FY07 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 each referral received 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 demonstrates the amount of workload generated by these juveniles at each stage. Several graphs are included in this section to illustrate trends since FY 2001. The first series of graphs shows data on referrals, juveniles referred, petitions filed and juveniles with petitions filed. The “referrals” figure includes the number of referrals for the year. The “juveniles referred” figure, 1 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY07 on the other hand, 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 year. 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. Analysis of data on juveniles processed in the Arizona court system is ongoing. Data is analyzed 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. 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 years, including Juveniles Processed FY98 through FY07 and are all available on the Arizona Supreme Court, Juvenile Justice Services Division website at http://www.supreme.state.az.us/jjsd. 2 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY07 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 3 Other Sanctions Commitment to AZ Department of Juvenile Corrections JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY07 Arizona Juvenile Court Activity FY07 Intake: Received by Probation Department 72,347 Referrals 48,677 Juveniles Diversion 21,072 Referrals 19,222 Juveniles Dismissed 8,296 Referrals 6,687 Juveniles Referrals (Physical) 14,065 Referrals 10,632 Juveniles Referrals (Paper) 58,281 Referrals 43,029 Juveniles Petitions Filed 30,425 Petitions 17,958 Juveniles Transfer to Adult Court 79 Referrals 64 Juveniles Penalty Only 473 Referrals 450 Juveniles Standard Probation 13,962 Referrals 10,157 Juveniles Direct Filed in Adult Court 594 Referrals 524 Juveniles JIPS 3,777 Referrals 2,023 Juveniles ADJC 1,281 Referrals 926 Juveniles Data Source: Arizona Supreme Court, Administrative Office of the Courts, Juvenile Justice Services Division; Fifteen Juvenile Courts’ Juvenile On-Line Tracking System (JOLTS), July 01, 2006 to June 30, 2007 Arizona Juvenile Population Estimates and Projections: Ages 8-17 1990-2010 1,100,000 1,000,000 900,000 1,002,295 946,686 918,526 890,078 849,559 833,751 789,948 752,924 713,624 682,014 668,233 648,509 624,535 607,308 563,129 200,000 539,719 300,000 515,429 400,000 585,659 500,000 812,737 600,000 974,610 700,000 1,029,751 800,000 100,000 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 1995 2000 2001 2005 - 1999 Population Estimates: Arizona Department of Economic Security, Research Administration, Population Statistics Unit. Population Estimate: US Census Bureau, Single Age Estimates - 2004 Population Projections: Constructed using Linear Regression Model by AOC/JJSD. – 2010 Population Estimate and Projections, D.E.S. 2005 Census Data and National Center for Juvenile Justice Data. 4 JUVENILES REFERRED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY07 The Number of Juveniles Dispositioned to Probation, Intensive Probation, ADJC and Adult Court - Fiscal Years 2001 - 2007 12,000 11,039 10,870 10,524 10,244 10,157 10,043 10,000 10,066 8,000 6,000 4,000 2,549 2,000 0 2,512 2,432 2,265 2,193 2,069 2,023 884 863 833 555 625 926 588 1,081 1,018 926 677 641 568 FY02 FY03 FY01 Standard Probation 518 FY04 FY05 Intensive Probation FY06 ADJC FY07 Adult Court Referrals, Petitions Filed and Juveniles Referred and Petitioned Fiscal Years 2001 - 2007 90,000 79,657 77,302 75,000 76,051 75,027 73,116 72,771 72,347 60,000 51,274 50,399 33,099 31,495 49,588 49,878 48,436 48,395 48,677 29,537 31,008 30,066 30,547 30,425 17,903 18,799 18,329 18,055 FY03 FY04 FY05 FY06 45,000 30,000 15,000 19,983 19,036 17,958 0 FY01 Referrals FY02 Juveniles Referred Petitions 5 FY07 Juveniles Petitioned JUVENILES REFERRED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY07 Pathways for Juveniles Transferred and/or Direct Filed in Adult Court Fiscal Years 2001 - 20071 300 250 255 246 238 222 227 220 200 197 179 188 200 187 185 181 142 150 89 100 99 93 63 65 65 106 98 81 63 72 45 50 41 28 40 35 78 64 27 14 39 0 FY01 Transfer FY02 FY03 Mandatory FY04 Mandatory-Prior FY05 FY06 Chronic FY07 Discretionary This year’s chart uses current information. This reflects updated information. A new chart covering the last five years is included in “Selected Topics” section following this year’s Direct Filed and Transferred information. 6 JUVENILES REFERRED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY07 Juveniles Referred ARIZONA SUPERIOR COURT SYSTEM, FY07 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 first instance in the time frame is reported. Table 1.1 County: Juveniles Referred FY07 Apache 258 0.50 % Table 1.1 shows the distribution of youth across the counties in Arizona. Demographic and offense-specific information are also 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 FY07. 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. In 2007, there were estimated 946,686 juveniles ages 8 to 18 in Arizona. From July 1, 2006 to June 30, 2007, 5.1% of these juveniles (48,677) were referred at least once to Arizona’s juvenile courts. This represents about 1 in every 19.4 juveniles. These 48,677 juveniles generated 72,347 referrals at an average of 1.5 referrals per juvenile. Cochise 1,215 Coconino 1,318 2.71 Gila 841 1.73 Graham 462 0.95 Greenlee 98 0.20 La Paz Maricopa Mohave 151 0.31 25,437 52.26 1,927 3.96 917 1.88 Pima 8,921 18.33 Pinal 2,171 4.46 Navajo Santa Cruz 601 1.23 Yavapai 1,713 3.52 Yuma 2,647 5.44 TOTAL 48,677 100.0 Table 1.2 Gender: Juveniles Referred FY07 Male 32,426 66.61% Female 16,251 33.39 TOTAL 48,677 100.0 Table 1.3 Age: Juveniles Referred FY07 8 194 0.40% 9 311 0.64 10 481 0.99 11 960 1.97 12 2,010 4.13 13 4,043 8.31 14 6,576 13.51 15 9,566 19.65 16 11,006 22.61 17 12,976 26.66 554 1.14 48,677 100.0 Unknown TOTAL 7 2.50 JUVENILES REFERRED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY07 Table 1.4 Ethnicity: Juveniles Referred FY07 Hispanic African American 19,491 40.04 % 3,787 7.78 21,915 45.02 2,474 5.08 Asian/Pacific Islander 300 0.62 Other 103 0.21 Unknown 607 1.25 Anglo Native American TOTAL 48,677 100.0 Table 1.7 Severity of Most Serious Offense: Juveniles Referred FY07 Felonies Against Person 2,369 4.87 % Felonies Against Property 5,422 11.14 Obstruction of Justice: Felony & Misdemeanor 4,003 8.22 Misdemeanors Against Person 4,418 9.08 Drugs: Felony & Misdemeanor 4,999 10.27 12,744 26.18 Public Peace: Felony & Misdemeanor Misdemeanors Against Property 5,971 12.27 Status Offenses 8,423 17.30 328 0.67 48,677 100.0 Administrative Table 1.5 Education Status: Juveniles Referred FY07 Enrolled 31,648 65.02 % Not Enrolled 3,013 6.19 Expelled 86 0.18 Suspended 99 0.20 Withdrawn 184 0.38 Graduated 61 0.13 GED Program 46 0.09 Unknown 13,540 27.82 TOTAL 48,677 100.0 Table 1.6 Number of Prior Referrals: Juveniles Referred FY07 0 24,408 50.14 % 1 9,000 18.49 2 4,617 9.48 3 2,808 5.77 4 1,936 3.98 5 1,351 2.78 6 990 2.03 7 757 1.56 2,810 5.77 48,677 100.0 8 or more TOTAL TOTAL Table 1.8 Offense Class of Most Serious Offense: Juveniles Referred FY07 Felony 14,558 29.91% Misdemeanor 23,022 47.30 Violations of Probation & Ordinances 2,163 4.44 Status 8,437 17.33 Other 497 1.02 TOTAL 48,677 100.0 Juveniles Referred 60,000 49,588 49,878 48,677 50,000 48,436 48,395 FY05 FY06 40,000 30,000 FY03 FY04 FY07 For FY 2001 through FY 2007 data, refer to the graphs on page 5. 8 JUVENILES REFERRED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY07 Table 1.9 Top Ten Referral Categories FY07 Probation Violation 6,421 8.88 % Truancy 5,505 7.61 Curfew 4,206 5.81 Runaway 4,136 5.72 Marijuana Possession 3,746 5.18 Alcohol 3,366 4.65 Assault – Simple 2,403 3.32 Shoplifting – Misd 2,346 3.24 Disorderly Conduct 2,243 3.10 Assault – Domestic Violence 1,792 2.48 TOTAL TOP TEN REFERRALS 36,164 49.99 TOTAL ALL REFERRALS 72,347 100.0 Table 1.10 Top Ten Referral Categories for Previous Fiscal Years FY2003 FY2004 FY2005 FY2006 Probation Violation 7,938 Probation Violation 7,540 Probation Violation 7,099 Probation Violation 6,169 Shoplifting – Misd Shoplifting – Misd 6,508 Shoplifting – Misd 6,266 Truancy Truancy Truancy Shoplifting – Misd 4,984 6,587 Truancy 5,958 Alcohol 6,300 Alcohol 5,881 Runaway Runaway 4,009 2,201 3,539 Alcohol 3,704 Alcohol 3,743 3,276 3,348 2,255 Assault – Simple 2,635 Assault – Simple 2,550 Disorderly Conduct Disorderly Conduct Assault – DV Assault – Simple Assault – Simple 2,523 3,952 Marijuana Possession 3,752 Marijuana Possession 3,446 3,119 3,656 Curfew Marijuana Possession 4,556 Curfew 4,013 3,738 Disorderly Conduct 4,103 Marijuana Possession Curfew Assault – DV Runaway 5,976 Runaway Curfew 5,493 5,947 2,967 2,459 2,504 Disorderly Conduct Assault – Domestic Violence 1,946 Assault – Domestic Violence 2,017 2,597 Cells indicate the number of Referrals for each offense. 9 In FY07, the violation of probation category was the most common referral. 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.4 This page intentionally left blank. JUVENILES DETAINED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY07 Juveniles Detained ARIZONA SUPERIOR COURT SYSTEM, FY07 The information presented in this section characterizes individual youth (unduplicated). For those youth who were detained more than once during the fiscal year, information from the first instance in the time frame is reported. Table 2.1 shows the distribution of youth across the counties in Arizona. Demographic and offense-specific information are also 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. Juvenile detention provides a range of services which support the juvenile's physical, emotional, educational and social development. Supportive services minimally include: education, recreation, counseling, nutrition, medical and health services, reading, visitation, communication and continuous supervision. Juvenile detention also provides for a system of clinical observation and assessment. In Arizona, a juvenile may be detained for the following reasons: 1. If there is probable cause to believe that the juvenile committed the acts alleged in the petition, and there is reasonable cause to believe: a. That otherwise the juvenile would not be present at any hearing; b. That the juvenile is likely to commit an offense injurious to himself or others; c. That the juvenile must be held for another jurisdiction; 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. 10 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. Table 2.1 County: Juveniles Detained FY07 Apache 131 1.08 % Cochise 259 2.14 Coconino 294 2.43 Gila 477 3.94 Graham 185 1.53 Greenlee 21 0.17 La Paz Maricopa 33 0.27 5,823 48.10 Mohave 410 3.39 Navajo 170 1.40 Pima 1,827 15.09 Pinal 752 6.21 Santa Cruz 275 2.27 Yavapai 569 4.70 Yuma 881 7.28 TOTAL 12,107 100.0 In FY07, 12,107 juveniles were detained at least once. Only 7,727 (63.8%) 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 7,727 juveniles that were detained on a referral (physical referral) represent 15.9% of the juveniles referred to the juvenile court in FY07. Over the past few years, juveniles detained has decreased from a high of 13,660 in FY 2002. The rate has been relatively stable over the past three years in spite of increased population. Table 2.2 Gender: Juveniles Detained FY07 Male 9,340 77.15% Female 2,767 22.85 TOTAL 12,107 100.0 JUVENILES DETAINED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY07 Table 2.3 Age: Juveniles Detained FY07 8 2 0.02 % 9 13 0.11 Table 2.7 Severity of Most Serious Offense: Juveniles Detained FY07 Felonies Against Person 1,153 14.92 % 10 39 0.32 Felonies Against Property 1,754 22.70 Obstruction of Justice: Felony & Misdemeanor 1,615 20.90 Misdemeanors Against Person 862 11.16 Drugs: Felony & Misdemeanor 763 9.87 1,043 13.50 11 80 0.66 12 233 1.92 13 650 5.37 14 1,339 11.06 15 2,347 19.39 16 3,193 26.37 17 4,151 34.29 60 0.50 12,107 100.0 Unknown TOTAL Hispanic 5,581 46.10 % African American 1,179 9.74 Anglo 4,444 36.71 782 6.46 Asian/Pacific Islander 56 0.46 Other 41 0.34 Unknown 24 0.20 12,107 100.0 TOTAL Table 2.5 Education Status: Juveniles Detained FY07 Enrolled 5,198 42.93 % Not Enrolled 1,245 10.28 Expelled 51 0.42 Suspended 48 0.40 Withdrawn 94 0.78 Graduated 16 0.13 GED Program 29 0.24 5,426 44.82 12,107 100.0 Unknown TOTAL Table 2.6 Number of Prior Referrals: Juveniles Detained FY07 0 1,912 24.74 % 1 1,014 13.12 2 877 11.35 3 703 9.10 4 590 7.64 5 487 6.30 6 368 4.76 7 328 4.24 1,448 18.74 7,727 100.0 8 or more TOTAL Misdemeanors Against Property 321 4.15 Status Offenses 152 1.97 Administrative 64 0.83 7,727 100.0 TOTAL Table 2.8 Offense Class of Most Serious Offense: Juveniles Detained FY07 Table 2.4 Ethnicity: Juveniles Detained FY07 Native American Public Peace: Felony & Misdemeanor Felony 4,226 54.69 % Misdemeanor 2,226 28.81 Violations of Probation & Ordinances 1,065 13.78 Status 152 1.97 Other 58 0.75 TOTAL 7,727 100.0 Juveniles Detained 18,000 12,913 12,688 FY03 FY04 14,000 12,079 12,068 12,107 FY05 FY06 FY07 10,000 6,000 2,000 11 JUVENILES DIVERTED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY07 Juveniles Diverted ARIZONA SUPERIOR COURT SYSTEM, FY07 The information presented in this section characterizes individual youth (unduplicated). For those youth who were diverted more than once during the fiscal year, information from the first instance during the time frame is reported. Table 3.1 shows the distribution of youth across the counties in Arizona. Demographic and offense-specific information are also 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.5 Table 3.1 County: Juveniles Diverted FY07 Apache 65 0.34 % Cochise 794 Coconino 609 3.17 Gila 322 1.68 Graham 144 0.75 Greenlee 18 0.09 La Paz Maricopa 4.13 64 0.33 10,184 52.98 Mohave 580 3.02 Navajo 150 0.78 Pima 3,882 20.20 Pinal 433 2.25 Santa Cruz 121 0.63 Yavapai 925 4.81 Yuma 931 4.84 TOTAL 19,222 100.0 Table 3.2 Gender: Juveniles Diverted FY07 Male 11,535 60.01 % Female TOTAL 7,687 39.99 19,222 100.0 Table 3.3 Age: Juveniles Diverted FY07 8 97 0.50 % 9 167 0.87 10 247 1.28 Although, it appears that juveniles who receive diversion has declined over that last few years, the actual number of juveniles entering the system has also declined. The percentage of the actual juveniles referred who are diverted ranges from a high of 44.6% in FY2002 to a low of 39.5% in FY 2007. Thus, the relative rate of diversion is rather stable. 11 518 2.69 12 1,131 5.88 13 2,115 11.00 14 3,206 16.68 15 4,199 21.84 16 3,955 20.58 17 3,515 18.29 72 0.37 We would expect diverted juveniles to have less serious offenses and little or no prior referrals. Of the juveniles diverted in FY07: TOTAL 19,222 100.0 In FY07, there were 19,222 juveniles diverted in Arizona’s juvenile justice system. 70.1% had no prior referrals. 61.4% had a misdemeanor as the most serious offense. 12 Unknown JUVENILES DIVERTED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY07 Table 3.4 Ethnicity: Juveniles Diverted FY07 Hispanic 7,460 38.81 % African American 1,241 6.46 Anglo 9,164 47.67 Native American 852 4.43 Asian/Pacific Islander 141 0.73 35 0.18 329 1.71 Other Unknown TOTAL 19,222 100.0 Table 3.7 Severity of Most Serious Offense: Juveniles Diverted FY07 Felonies Against Person 135 0.70 % Felonies Against Property 670 3.49 Obstruction of Justice: Felony & Misdemeanor 113 0.59 Misdemeanors Against Person 1,914 9.96 Drugs: Felony & Misdemeanor 1,661 8.64 Public Peace: Felony & Misdemeanor 5,880 30.59 Misdemeanors Against Property 4,235 22.03 Status Offenses 4,604 23.95 10 0.05 19,222 100.0 Administrative Table 3.5 Education Status: Juveniles Diverted FY07 Enrolled 13,727 71.41 % Not Enrolled 420 2.18 Expelled 14 0.07 Suspended 17 0.09 Withdrawn 32 0.17 Graduated 9 0.05 GED Program 9 0.05 4,994 25.98 19,222 100.0 Unknown TOTAL Table 3.6 Number of Prior Referrals: Juveniles Diverted FY07 0 13,469 70.07 % 1 3,762 19.57 2 1,066 5.55 3 407 2.12 4 155 0.81 5 97 0.50 6 61 0.32 7 44 0.23 161 0.84 19,222 100.0 8 or more TOTAL TOTAL Table 3.8 Offense Class of Most Serious Offense: Juveniles Diverted FY07 Felony 2,615 Misdemeanor 13.60 % 11,806 61.42 141 0.73 Status 4,606 23.96 Other 54 0.28 TOTAL 19,222 100.0 Violations of Probation & Ordinances Juveniles Diverted 26,000 21,923 20,877 22,000 20,309 20,081 19,222 18,000 14,000 10,000 FY03 13 FY04 FY05 FY06 FY07 JUVENILES WITH PETITIONS FILED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY07 PETITIONS FILED ARIZONA SUPERIOR COURT SYSTEM, FY07 The information presented in this section characterizes individual youth (unduplicated). For those youth who were petitioned more than once during the fiscal year, information from the first instance during the time frame is reported. Table 4.1 shows the distribution of youth across the counties in Arizona. Demographic and offense-specific information are also 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 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. There were 17,958 juveniles with a petition filed during FY07. This is a slight decrease from FY06. Although, it appears that juveniles who receive a petition has declined over that last few years, the actual number of juveniles entering the system has also declined. Over the past seven years, the percentage of actual juveniles referred who are petitioned, ranges from 36.1% to 39.0%, 36.9% for FY 2007. Thus, the relative rate of petition is rather stable. Although, the average age of juveniles receiving a petition is 15, almost 3 out of 4 (74.8%) are between 15 and 17 years of age. Table 4.1 County: Petitions Filed FY07 Apache 126 0.70 % Cochise 420 2.34 Coconino 545 3.03 Gila 356 1.98 Graham 245 1.36 Greenlee 53 0.30 La Paz Maricopa 0.31 52.88 Mohave 573 3.19 Navajo 300 1.67 Pima 2,638 14.69 Pinal 857 4.77 Santa Cruz 376 2.09 Yavapai 731 4.07 Yuma 1,186 6.60 TOTAL 17,958 100.0 Table 4.2 Gender: Petitions Filed FY07 Male 13,673 76.14 % Female 4,285 23.86 17,958 100.0 TOTAL Table 4.3 Age: Petitions Filed FY07 8 18 0.10 % 9 51 0.28 10 110 0.61 11 246 1.37 12 543 3.02 13 1,229 6.84 14 2,327 12.96 15 3,649 20.32 16 4,662 25.96 17 5,096 28.38 27 0.15 17,958 100.0 Unknown TOTAL 14 55 9,497 JUVENILES WITH PETITIONS FILED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY07 Table 4.4 Ethnicity: Petitions Filed FY07 Hispanic 7,821 43.55 % African American 1,673 9.32 Anglo 7,225 40.23 Native American 1,049 5.84 86 Asian/Pacific Islander Other Unknown TOTAL Felonies Against Person 1,389 Felonies Against Property 3,728 20.76 0.48 Obstruction of Justice: Felony & Misdemeanor 3,825 21.30 38 0.21 Misdemeanors Against Person 1,752 9.76 66 0.37 Drugs: Felony & Misdemeanor 2,108 11.74 17,958 100.0 Public Peace: Felony & Misdemeanor 3,081 17.16 Misdemeanors Against Property 1,329 7.40 Status Offenses 711 3.96 Administrative 35 0.19 17,958 100.0 Table 4.5 Education Status: Petitions Filed FY07 Enrolled 12,843 71.52 % Not Enrolled 1,977 11.01 Expelled 60 0.33 Suspended 69 0.38 Withdrawn 136 0.76 Graduated 17 0.09 GED Program 33 0.18 2,823 15.72 17,958 100.0 Unknown TOTAL Table 4.6 Number of Prior Referrals: Petitions Filed FY07 0 4,499 25.05 % 1 3,082 17.16 2 2,606 14.51 3 1,929 10.74 4 1,379 7.68 5 982 5.47 6 766 4.27 7 589 3.28 2,126 11.84 17,958 100.0 8 or more TOTAL Table 4.7 Severity of Most Serious Offense: Petitions Filed FY07 TOTAL 7.73 % Table 4.8 Offense Class of Most Serious Offense: Petitions Filed FY07 Felony 8,137 45.31 % Misdemeanor 6,962 38.77 Violations of Probation & Ordinances 2,080 11.58 Status 734 4.09 Other 45 0.25 TOTAL 17,958 100.0 Juveniles Petitioned 25,000 20,000 18,329 17,903 17,958 18,799 18,055 15,000 10,000 FY03 FY04 FY05 FY06 FY07 For FY 2001 through FY 2007 data, refer to the graphs on page 5. 15 JUVENILES WITH DISPOSITIONS OF DISMISSED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY07 JUVENILES DISMISSED ARIZONA SUPERIOR COURT SYSTEM, FY07 The information presented in this section characterizes individual youth (unduplicated). For those youth who had a dismissal more than once during the fiscal year, information from the first instance in the time frame is reported. Table 5.1 County: Disposition of Dismissed FY07 Apache 55 0.82 % Table 5.1 shows the distribution of youth across the counties in Arizona. Demographic and offense-specific information are also 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. Dismissals can also take place as an agreement in Court to extend unfulfilled Diversion conditions. Upon completion of the conditions, the dismissal will stop further prosecution of the offense. Dismissal may occur for such reasons as the charges are not proven in Court, an agreement is reached to dismiss a charge in exchange for an admission to a different charge or some penalty, or the case is transferred to another jurisdiction prior to adjudication. Dismissals can also occur due to motion by the County Attorney as a victim does not want further prosecution of a charge or witnesses are unable to be located. In juvenile cases, where a petition is not adjudicated prior to the juvenile’s eighteenth birthday, dismissals are processed after the eighteenth birthday and determination is made as to what further action is to be taken in the case. Court dismissals showed a decrease in FY07. 16 Cochise 117 1.75 Coconino 142 2.12 Gila 120 1.79 Graham 74 1.11 Greenlee 21 0.31 La Paz 55 0.82 3,494 52.25 Mohave 230 3.44 Navajo 86 1.29 Pima 1,128 16.87 Pinal 414 6.19 Santa Cruz 182 2.72 Yavapai 210 3.14 Yuma 359 5.37 TOTAL 6,687 Maricopa 100.0 Table 5.2 Gender: Disposition of Dismissed FY07 Male 4,902 73.31 Female 1,785 26.69 TOTAL 6,687 100.0 Table 5.3 Age: Disposition of Dismissed FY07 8 12 0.18 % 9 24 0.36 10 52 0.78 11 99 1.48 12 170 2.54 13 440 6.58 14 746 11.16 15 1,288 19.26 16 1,610 24.08 17 1,843 27.56 403 6.03 6,687 100.0 Unknown TOTAL JUVENILES DISMISSED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY07 Table 5.4 Ethnicity: Disposition of Dismissed FY07 Hispanic 2,747 41.08 % African American Anglo Native American Asian/Pacific Islander Other Unknown TOTAL Table 5.5 Education Status: Disposition of Dismissed FY07 Enrolled Not Enrolled 652 9.75 2,899 43.35 320 4.79 33 0.49 Obstruction of Justice: Felony & Misdemeanor 12 0.18 Misdemeanors Against Person 24 0.36 Drugs: Felony & Misdemeanor 601 8.99 1,689 25.26 6,687 100.0 Felonies Against Person 293 4.38 % Felonies Against Property 662 9.90 1,240 18.54 690 10.32 Public Peace: Felony & Misdemeanor Misdemeanors Against Property 690 10.32 Status Offenses 811 12.13 Administrative 11 0.16 6,687 100.0 TOTAL 4,553 68.09 % 649 9.71 Expelled 21 0.31 Suspended 37 0.55 Withdrawn 45 0.67 Graduated Table 5.7 Severity of Most Serious Offense: Disposition of Dismissed FY07 Table 5.8 Offense Class of Most Serious Offense: Disposition of Dismissed FY07 Felony 1,757 26.27 % Misdemeanor 3,099 46.34 8 0.12 10 0.15 Unknown 1,364 20.40 Violations of Probation & Ordinances 911 13.62 TOTAL 6,687 100.0 Status 810 12.11 Other 110 1.64 TOTAL 6,687 100.0 GED Program Table 5.6 Number of Prior Referrals: Disposition of Dismissed FY07 0 1,884 28.17 % 1 1,213 18.14 2 933 13.95 3 676 10.11 4 451 6.74 5 330 4.93 6 230 3.44 7 234 3.50 8 or more 736 11.01 6,687 100.0 TOTAL Dismissed 9,000 8,000 7,206 7,259 7,204 7,570 7,000 6,687 6,000 FY03 17 FY04 FY05 FY06 FY07 JUVENILES WITH DISPOSITION OF PENALTY ONLY IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY07 PENALTY ONLY JUVENILES WITH DISPOSITIONS OF PENALTY ONLY IN FY07 The information presented in this section characterizes individual youth (unduplicated). For those youth who received a penalty more than once during the fiscal year, information from the first instance during the time frame is reported. Table 6.1 shows the distribution of youth across the counties in Arizona. Demographic and offense-specific information are also 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. Dispositions of penalty only have increased over the past year by 12.5%. Over the last five years dispositions of penalty only have remainded fairly stable. Table 6.1 County: Disposition of Penalty Only FY07 Apache 0 0.00 % Cochise 36 8.00 Coconino 37 8.22 Gila 10 2.22 Graham 7 1.56 Greenlee 0 0.00 La Paz 0 0.00 179 39.78 Mohave 1 0.22 Navajo 4 0.89 Maricopa Pima 17 3.78 Pinal 64 14.22 Santa Cruz 38 8.44 Yavapai 1 0.22 Yuma 56 12.44 TOTAL 450 100.0 Table 6.2 Gender: Disposition of Penalty Only FY0 Male 348 77.33 % Female 102 22.67 TOTAL 450 100.0 Table 6.3 Age: Disposition of Penalty Only FY07 8 0 0.00 % 9 1 0.22 10 2 0.44 11 5 1.11 12 6 1.33 13 14 3.11 14 26 5.78 15 41 9.11 16 88 19.56 17 247 54.89 20 4.44 450 100.0 Unknown TOTAL 18 JUVENILES WITH DISPOSITION OF PENALTY ONLY IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY07 Table 6.4 Ethnicity: Disposition of Penalty Only FY07 Hispanic 220 48.89 % African American Anglo Native American 29 6.44 162 36.00 Table 6.7 Severity of Most Serious Offense: Disposition of Penalty Only FY07 Felonies Against Person 14 3.11 % Felonies Against Property 36 8.00 Obstruction of Justice: Felony & Misdemeanor 66 14.67 Misdemeanors Against Person 26 5.78 40 8.89 203 45.11 37 8.22 Asian/Pacific Islander 1 0.22 Other 1 0.22 Drugs: Felony & Misdemeanor Unknown 0 0.00 Public Peace: Felony & Misdemeanor TOTAL 450 100.0 Misdemeanors Against Property 44 9.78 Status Offenses 21 4.67 Administrative 0 0.00 450 100.0 Table 6.5 Education Status: Disposition of Penalty Only FY07 Enrolled 281 62.44 TOTAL Not Enrolled Table 6.8 Offense Class of Most Serious Offense: Disposition of Penalty Only FY07 67 14.89 Expelled 3 0.67 Suspended 1 0.22 Withdrawn 6 1.33 Graduated 3 0.67 GED Program 3 0.67 86 19.11 450 100.0 Unknown TOTAL Felony 103 Misdemeanor 263 58.44 Violations of Probation & Ordinances 62 13.78 Status 21 4.67 Other 1 0.22 TOTAL 450 100.0 Table 6.6 Number of Prior Referrals: Disposition of Penalty Only FY07 0 112 24.89 % 1 80 17.78 2 64 14.22 Penalty Only 3 45 10.00 800 4 34 7.56 5 29 6.44 6 19 4.22 7 9 2.00 58 12.89 450 100.0 8 or more TOTAL 600 467 439 22.89 508 400 450 400 200 0 FY03 19 FY04 FY05 FY06 FY07 JUVENILES WITH DISPOSITION OF STANDARD PROBATION IN FY07 STANDARD PROBATION JUVENILES WITH DISPOSITIONS OF STANDARD PROBATION IN FY076 The information presented in this section characterizes individual youth (unduplicated). For those youth who were placed on probation more than once during the fiscal year, information from the first instance during the time frame is reported. Table 7.1 shows the distribution of youth across the counties in Arizona. Demographic and offense-specific information are also 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. 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 (continued on next page) 20 Table 7.1 County: Disposition of Standard Probation FY07 Apache 93 0.92 % Cochise 191 1.88 Coconino 310 3.05 Gila 182 1.79 Graham 175 1.72 Greenlee 34 0.33 La Paz 32 0.32 5,605 55.18 Mohave 367 3.61 Navajo 222 2.19 Pima 1,458 14.35 Pinal 363 3.57 Santa Cruz 186 1.83 Yavapai 349 3.44 Yuma 590 5.81 TOTAL 10,157 Maricopa 100.0 Table 7.2 Gender: Disposition of Standard Probation FY07 Male 7,760 76.40 % Female TOTAL 2,397 23.60 10,157 100.0 Table 7.3 Age: Disposition of Standard Probation FY07 8 3 0.03 % 9 6 0.06 10 22 0.22 11 92 0.91 12 197 1.94 13 635 6.25 14 1,317 12.97 15 2,114 20.81 16 2,607 25.67 17 3,144 30.95 20 0.20 10,157 100.0 Unknown TOTAL JUVENILES WITH DISPOSITION OF STANDARD PROBATION IN FY07 choose to impose more severe liberty restrictions, including detention, placement in the JIPS program or commitment to the Arizona Department of Juvenile Corrections. In FY07, 10,157 juveniles were given a disposition of standard probation. Dispositions to standard probation have decreased by 8.0% since FY01. Over the last five years dispositions of standard probation have been fairly stable. Table 7.4 Ethnicity: Disposition of Standard Probation FY07 Hispanic 4,220 41.55 % African American Anglo Native American 895 8.81 4,342 42.75 604 5.95 Asian/Pacific Islander 57 0.56 Other 17 0.17 Unknown 22 0.22 10,157 100.0 TOTAL Table 7.7 Severity of Most Serious Offense: Disposition of Standard Probation FY07 Felonies Against Person 850 8.37 % Felonies Against Property 2,316 22.80 Obstruction of Justice: Felony & Misdemeanor 1,827 17.99 Misdemeanors Against Person 826 8.13 Drugs: Felony & Misdemeanor 1,476 14.53 Public Peace: Felony & Misdemeanor 1,622 15.97 Misdemeanors Against Property 804 7.92 Status Offenses 293 2.88 Administrative 143 1.41 10,157 100.0 TOTAL Table 7.8 Offense Class of Most Serious Offense: Disposition of Standard Probation FY07 Felony 5,280 51.98 % Misdemeanor 3,404 33.51 Table 7.5 Education Status: Disposition of Standard Probation FY07 Enrolled 7,637 75.19 % Violations of Probation & Ordinances 1,037 10.21 Not Enrolled Status 293 2.88 Other 143 1.41 TOTAL 10,157 100.0 937 9.23 Expelled 30 0.30 Suspended 40 0.39 Withdrawn 64 0.63 Graduated 7 0.07 GED Program Unknown 9 0.09 1,433 14.11 10,157 100.0 Standard Probation 12,000 TOTAL 10,000 Table 7.6 Number of Prior Referrals: Disposition of Standard Probation FY07 0 2,495 24.56 % 1 1,993 19.62 2 1,693 16.67 3 1,194 11.76 4 834 8.21 5 545 5.37 6 382 3.76 7 253 2.49 8 or more 768 7.56 10,157 100.0 TOTAL 10,524 10,244 10,066 10,043 10,157 8,000 6,000 FY03 FY04 FY05 FY06 FY07 For FY 2001 through FY 2007 data, refer to the graphs on page 5. 21 JUVENILES WITH DISPOSITION TO JIPS IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY07 JIPS JUVENILES WITH DISPOSITIONS TO JIPS IN FY076 The information presented in this section characterizes individual youth (unduplicated). For those youth who were placed on Intensive Probation more than once during the fiscal year, information from the first instance during the time frame is reported. Table 8.1 shows the distribution of youth across the counties in Arizona. Demographic and offense-specific information are also presented. 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. Since FY 2003, the number of juveniles placed on JIPS has decreased by 16.8%. 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. Table 8.1 County: Disposition to JIPS FY07 Apache 15 0.74 % JIPS differs from standard probation in the increased frequency of face to face contacts between the juvenile and the JIPS officer, the requirement to actively participate in 32 hours of structured activities per week, the liberty restrictions concerning unsupervised time out of the home, the frequency of drug testing on demand, and the lower caseload ratio. Additional information about the program is available in the JIPS Annual Report. The figures reported in the JIPS Annual Report may differ from those reported in Juveniles Processed because the JIPS Annual Report includes all juveniles whose cases were active during the fiscal year. The Juveniles Processed report includes only juveniles dispositioned to JIPS during the fiscal year. Yavapai 133 6.57 Yuma 245 12.11 TOTAL 2,023 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, 22 Cochise 77 3.81 Coconino 60 2.97 Gila 35 1.73 Graham 30 1.48 Greenlee 11 0.54 La Paz 9 0.44 Maricopa 853 42.17 Mohave 142 7.02 Navajo 47 2.32 Pima 212 10.48 Pinal 112 5.54 42 2.08 Santa Cruz 100.0 Table 8.2 Gender: Disposition to JIPS FY07 Male 1,761 87.05 % Female TOTAL 262 12.95 2,023 100.0 Table 8.3 Age: Disposition to JIPS FY07 8 0 0.00 % 9 0 0.00 10 1 0.05 11 0 0.00 12 26 1.29 13 82 4.05 14 236 11.67 15 455 22.49 16 602 29.76 17 619 30.60 2 0.10 2,023 100.0 Unknown TOTAL JUVENILES WITH DISPOSITION TO JIPS IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY07 Table 8.4 Ethnicity: Disposition to JIPS FY07 Hispanic 985 48.69 % African American 167 8.26 Anglo 763 37.72 96 4.75 7 Native American Asian/Pacific Islander Other Unknown TOTAL Felonies Against Person 194 Felonies Against Property 563 27.83 0.35 Obstruction of Justice: Felony & Misdemeanor 898 44.39 5 0.25 Misdemeanors Against Person 62 3.06 0 0.00 Drugs: Felony & Misdemeanor 144 7.12 Public Peace: Felony & Misdemeanor 116 5.73 2,023 100.0 Table 8.5 Education Status: Disposition to JIPS FY07 Enrolled 1,500 74.15 % Not Enrolled 280 13.84 Expelled 18 0.89 Suspended 14 0.69 Withdrawn 27 1.33 Graduated 5 0.25 12 0.59 167 8.26 2,023 100.0 GED Program Unknown TOTAL Table 8.6 Number of Prior Referrals: Disposition to JIPS FY07 0 88 4.35 % 1 117 5.78 2 175 8.65 3 193 9.54 4 228 11.27 5 196 9.69 6 214 10.58 7 166 8.21 8 or more 646 31.93 2,023 100.0 TOTAL Table 8.7 Severity of Most Serious Offense: Disposition to JIPS FY07 Misdemeanors Against Property 9.59 % 32 1.58 Status Offenses 4 0.20 Administrative 10 0.49 2,023 100.0 TOTAL Table 8.8 Offense Class of Most Serious Offense: Disposition to JIPS FY07 Felony 1,103 54.52 % Misdemeanor 310 15.32 Violations of Probation & Ordinances 600 29.66 3 0.15 Other 7 0.35 TOTAL 2,023 100.0 Status Juvenile Intensive Probation (JIPS) 3,000 2,432 2,500 2,265 2,193 2,069 2,023 2,000 1,500 1,000 FY03 FY04 FY05 FY06 FY07 For FY 2001 through FY 2007 data, refer to the graphs on page 5. 23 JUVENILES WITH DISPOSITIONS TO ADJC IN FY07 ADJC JUVENILES WITH DISPOSITIONS TO ADJC IN FY07 The information presented in this section characterizes individual youth (unduplicated). For those youth who were committed or awarded to ADJC more than once during the fiscal year, information from the first instance during the time frame is reported. 1,670 in FY98, but this year juveniles committed to ADJC increased from 833 in FY06 to 926 in FY07. This represents an 11.16% increase. 46.1% 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). Table 9.1 shows the distribution of youth across the counties in Arizona. Demographic and offensespecific information are also presented. Disposition of a juvenile to the Arizona Department of Juvenile Corrections (ADJC) is governed by statute and the Arizona Code of Judicial Administration. Arizona Revised Statutes §8-342 (A) provides: “A child under the age of 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 define factors the court must consider, in addition to other relevant facts, when committing youth to the care and custody of ADJC. The legislative intent is that commitment to ADJC should be reserved for those juveniles whom the Court believes need placement in a secure care facility for the protection of the public. The commitment guidelines as revised and adopted in July, 2001 and documented in the Arizona Code of Judicial Administration Part 6, Chapter 3, Section 6-304 can be found in the Notes section at the end of the document.7 The ADJC charts in this section were produced using the traditional reporting method used in Juveniles Processed. It involves a Commitment Decision made on a juvenile within a County during the fiscal year. While this method of counting is useful as a workload measure of Commitment, it over counts the actual number of juveniles involved. It counts juveniles who were processed through the courts during FY 2006 within each county. In FY07, 926 juveniles received a Judicial decision involving commitment to ADJC. This number has shown a consistent decline since a historical high of 24 48.7% of the juveniles committed to ADJC had 8 or more prior referrals, suggesting that more chronic offenders are being placed in ADJC. Table 9.1 County: Disposition to ADJC FY07 Apache 5 0.54 % Cochise 19 2.05 Coconino 16 1.73 6 0.65 Graham 16 1.73 Greenlee 0 0.00 La Paz 2 0.22 562 60.69 Mohave 56 6.05 Navajo 11 1.19 Pima 128 13.82 Pinal 31 3.35 8 0.86 Yavapai 29 3.13 Yuma 37 4.00 TOTAL 926 100.0 Gila Maricopa Santa Cruz Table 9.2 Age: Disposition to ADJC FY07 8 0 0.00 % 9 0 0.00 10 0 0.00 11 0 0.00 12 1 0.11 13 13 1.40 14 70 7.56 15 186 20.09 16 297 32.07 17 359 38.77 TOTAL 926 100.0 JUVENILES WITH DISPOSITIONS TO ADJC IN FY07 Table 9.3 Gender: Disposition to ADJC FY07 Male 810 87.47 % Female TOTAL 116 12.53 926 100.0 Table 9.4 Ethnicity: Disposition to ADJC FY07 Hispanic 443 47.84 % African American 123 13.28 Anglo 320 34.56 36 3.89 Asian/Pacific Islander 3 0.32 Other 0 0.00 Unknown 1 0.11 926 100.0 Native American TOTAL Table 9.5 Education Status: Disposition to ADJC FY07 Enrolled 522 56.37 % Not Enrolled 269 29.04 10 1.08 Suspended 4 0.43 Withdrawn 21 2.27 Graduated 3 0.32 GED Program 6 0.65 91 9.83 926 100.0 Expelled Unknown TOTAL Table 9.6 Number of Prior Referrals: Disposition to ADJC FY07 0 33 3.56 % 1 30 3.24 2 58 6.26 3 48 5.18 4 66 7.13 5 82 8.86 6 81 8.75 7 77 8.32 8 or more 451 48.70 TOTAL 926 100.0 Table 9.7 Severity of Most Serious Offense: Disposition to ADJC FY07 Felonies Against Person 134 14.47% Felonies Against Property 170 18.36 Obstruction of Justice: Felony & Misdemeanor 427 46.11 Misdemeanors Against Person 38 4.10 Drugs: Felony & Misdemeanor 73 7.88 Public Peace: Felony & Misdemeanor 61 6.59 Misdemeanors Against Property 23 2.48 926 100.0 TOTAL Table 9.8 Offense Class of Most Serious Offense: Disposition to ADJC FY07 Felony 441 47.62 % Misdemeanor 136 14.69 Violations of Probations & Ordinances 349 37.69 TOTAL 926 100.0 Arizona Department of Juvenile Corrections (ADJC) 1,200 900 926 926 884 863 FY04 FY05 833 600 FY03 FY06 FY07 For FY 2001 through FY 2007 data, refer to the graphs on page 5. 25 ADJC & AOC COMPARISON ADJC & AOC COMPARISON BETWEEN ARIZONA DEPARTMENT OF JUVENILE CORRECTIONS & ADMINISTRATIVE OFFICE OF THE COURTS Original Commitments on a Statewide Basis The previous section regarding ADJC is the traditional reporting method used in Juveniles Processed. It involves a Commitment Decision made on a juvenile within a County during the Fiscal Year. While this method of counting is useful as a workload measure of Commitment, it over counts the actual number of juveniles involved. It counts juveniles who were processed through the courts during FY 2007 within each county. Thus, juveniles committed during a previous time frame or from another county are counted again during this time frame if they received a decision of recommitment or award to ADJC. These new tables are an attempt to show the number of actual juveniles involved in the commitment decision. The most important consideration is the initial commitment and actual transfer to ADJC. These are the juveniles who become the responsibility of that department for confinement and rehabilitation purposes. Juveniles Originally Commited 1,000 758 800 690 765 699 672 600 400 200 0 FY03 FY04 FY05 FY06 FY07 Table 10.1 Commitments FY07, 7/1/2006 – 6/30/2007 Never Original Subsequent Arrived Commitment Commitment At ADJC Apache 5 Cochise 17 Coconino Table 10.1 shows juveniles who were committed for the first time ever during the Fiscal Year (Original Commitment) and these juveniles arrived at an ADJC facility. Subsequent Commitment means that these juveniles received a commitment decision within a County but they had previously been committed from a different County. Gila This occurs, for example, when a juvenile is committed from Pima County and the juvenile is in a facility in Maricopa County and subsequently the juvenile becomes involved in a petition resulting in a commitment from Maricopa County. Santa Cruz Graham 5 2 19 12 4 16 5 1 6 16 16 Greenlee La Paz Maricopa TOTAL 0 2 2 444 114 Mohave 55 1 Navajo 11 4 562 56 11 Pima 103 25 128 Pinal 27 4 31 8 8 Yavapai 25 4 29 Yuma 35 2 37 TOTAL 765 157 (continued on next page) 26 4 926 ADJC & AOC COMPARISON The juvenile is counted as a new commitment from the second county due to the JOLTS system recording data on a county basis. Table 10.2 Commitments FY06, 7/1/2005 – 6/30/2006 Original Commitment Subsequent Commitment Never Arrived At ADJC TOTAL Subsequent Commitment can also mean that a juvenile was committed in a prior fiscal year and received a disposition of commitment or award to ADJC during FY 2007. Apache 11 Cochise 11 1 12 Coconino 11 2 13 Gila 19 19 Graham 10 10 The last column, (Never Arrived at ADJC), are juveniles who received an Original decision of commitment but they either turned 18 within a detention center and were therefore never transported to an ADJC facility or they were being processed in an Adult Court at the time of commitment and were placed in Adult confinement (jail or correctional facility). Greenlee The last group would never show as committed by ADJC as they never arrived at one of their facilities. ADJC has the ability to count “re-commitments”, a juvenile who is committed, discharged from ADJC and then receives another commitment. Those juveniles, few in number, are not reflected in these charts. The data in this section suggests there has been an actual drop in the number of original juveniles being committed to ADJC since FY 2003, but this trend seems to be reversing. Charts for fiscal years 2003 through 2007 are provided. It is with gratitude to ADJC that this current information is available. By using the ADJC juvenile identifier, we were able to track duplicates in the JOLTS system. La Paz Maricopa 11 2 383 2 30 4 417 Mohave 37 37 Navajo 8 8 Pima 87 5 Pinal 15 2 Santa Cruz 13 1 Yavapai 18 1 Yuma 47 TOTAL 672 92 17 1 15 19 47 42 5 Table 10.3 Commitments FY05, 7/1/2004 – 6/30/2005 Never Original Subsequent Arrived Commitment Commitment At ADJC 719 TOTAL Apache 11 Cochise 15 Coconino 32 Gila 11 11 6 6 5 5 Graham 11 15 4 36 Greenlee La Paz Maricopa 407 Mohave 30 Navajo 7 Pima 79 20 6 433 30 7 2 1 82 Pinal 32 2 34 Santa Cruz 13 1 14 Yavapai 22 22 Yuma 29 29 TOTAL 699 27 29 7 735 ADJC & AOC COMPARISON Table 10.4 Commitments FY04, 7/1/2003 – 6/30/2004 Original Commitment Subsequent Commitment Never Arrive At ADJC TOTAL Apache 6 1 7 Cochise 22 2 24 Coconino 17 1 Gila 13 13 Graham 4 4 Greenlee 2 2 La Paz 1 1 Maricopa 362 18 6 10 378 Mohave 33 Navajo 12 1 13 33 Pima 122 2 124 Pinal 45 2 47 Santa Cruz 11 11 Yavapai 13 13 Yuma 27 27 TOTAL 690 15 10 715 Table 10.5 Commitments FY03, 7/1/2002 – 6/30/2003 Original Commitment Subsequent Commitment Never Arrived At ADJC TOTAL Apache 2 2 Cochise 23 23 Coconino 20 Gila 16 Graham 4 Greenlee 3 La Paz 1 21 16 2 6 3 2 Maricopa 323 2 13 5 341 Mohave 31 Navajo 22 1 Pima 193 2 1 196 Pinal 44 2 1 47 Santa Cruz 10 10 Yavapai 30 30 Yuma 35 35 TOTAL 758 28 31 21 23 7 786 This page intentionally left blank. JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY07 DIRECT FILED & TRANSFERRED JUVENILES DIRECT FILED AND TRANSFERRED TO ADULT COURT IN FY07 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 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 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. Table 11.1 Pathways for Juveniles Filed in Adult Court FY07 Pathways Number of Juveniles Mandatory 238 Mandatory Prior Conviction 27 Chronic Discretionary Transfer TOTAL Pathways to Adult Court Mandatory: Juveniles ages 15, 16, or 17 who commit a specified violent crime must be filed in adult court. Mandatory Prior: Juveniles previously convicted in adult court must be returned to adult court for any subsequent crimes or violations of probation. Chronic: Juveniles ages 15, 16 or 17 who have two prior felony adjudications in juvenile court and are arrested for a third felony must go to adult court. Discretion: 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 29 % of Total 40.48 % 4.59 78 13.27 181 30.78 64 10.88 *588 100.0 Table 11.2 County: Direct Filed in and Transferred to Adult Court FY07 Apache 0 0.00% Cochise 0 0.00 Coconino 6 1.02 Gila 1 0.17 Graham 4 0.68 Greenlee 0 0.00 La Paz 1 0.17 Maricopa 408 69.39 Mohave 8 1.36 Navajo 2 0.34 Pima 98 16.67 Pinal 18 3.06 8 1.36 Yavapai 10 1.70 Yuma 24 4.08 *588 100.0 Santa Cruz TOTAL *The number of juveniles in these tables is 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. JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY07 DIRECT FILED IN ADULT COURT The information presented in this section characterizes individual youth (unduplicated). For those youth who were direct filed in adult court more than once during the fiscal year, information from the first instance during the time frame is reported. An historic high occurred in the Direct File process in FY 99 when 804 juveniles were sent to Adult Court in this manner. Table 11.3 shows the distribution of youth across the counties in Arizona. Demographic and offense-specific information are also 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. §13-1204 A.1., aggravated assault with a deadly weapon A.R.S. §13-1204 A.2., drive by shooting, and discharging a firearm at a structure; 6. A felony offense committed by a chronic offender, defined as a juvenile who has two prior and separate adjudications; 7. Any offense that is properly joined to the above offenses. These offense categories are used to define pathways to (or filings in) adult court referred to as Mandatory (1 through 5 and 7) and Chronic (6). Furthermore, the county attorney has the discretion to bring criminal prosecution against fourteen (14) year old juveniles accused of the offenses enumerated above. Criminal prosecution may also be brought against juveniles fourteen or older who have been accused of class 1 or class 2 felonies or of selected class 3, 4, 5, and 6 felonies. These are referred to as Discretionary filings. In addition, criminal prosecution may be brought against any juvenile with a prior conviction in adult court. These are referred to as Mandatory Prior Conviction filings. A legislative change creating the Direct File process became effective in 1997. The result has been a reduction in the Transfer Decision. 30 A general decline in that number had taken place through FY 04. Some increase has taken place since that point. Table 11.3 County: Juveniles Direct Filed in Adult Court FY07 Apache 0 0.00 % Cochise 0 0.00 Coconino 6 1.15 Gila 1 0.19 Graham 4 0.76 Greenlee 0 0.00 La Paz Maricopa 0 0.00 368 70.23 Mohave 4 0.76 Navajo 1 0.19 Pima 96 18.32 Pinal 18 3.44 Santa Cruz 8 1.53 Yavapai 1 0.19 Yuma 17 3.24 TOTAL 524 100.0 Table 11.4 Gender: Juveniles Direct Filed FY07 Male 492 93.89 % Female TOTAL 32 6.11 524 100.0 Table 11.5 Age: Juveniles Direct Filed FY07 8 0 0.00% 9 0 0.00 10 0 0.00 11 0 0.00 12 0 0.00 13 0 0.00 14 5 0.95 15 63 12.02 16 156 29.77 17 297 56.68 3 0.57 524 100.0 Unknown TOTAL JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY07 Table 11.6 Ethnicity: Juveniles Direct Filed FY07 Hispanic 320 61.07 % African American Anglo Native American Asian/Pacific Islander Other Unknown TOTAL 74 14.12 107 20.42 18 3.44 2 0.38 2 0.38 1 0.19 524 Table 11.9 Severity of Most Serious Offense: Juveniles Direct Filed FY07 Felonies Against Person 315 60.11% Felonies Against Property 134 25.57 Obstruction of Justice: Felony & Misdemeanor 2 0.38 Misdemeanors Against Person 2 0.38 Drugs: Felony & Misdemeanor 46 8.78 Public Peace: Felony & Misdemeanor 23 4.39 2 0.38 524 100.0 511 97.52% 13 2.48 524 100.0 Misdemeanors Against Property 100.0 TOTAL Table 11.7 Education Status: Juveniles Direct Filed FY07 Enrolled 236 45.04 % Not Enrolled 197 37.60 Expelled 0 0.00 Suspended 6 1.15 Withdrawn 12 2.29 Graduated 0 0.00 GED Program 2 0.38 71 13.55 524 100.0 Unknown TOTAL Table 11.10 Offense Class of Most Serious Offense: Juveniles Direct Filed FY07 Felony Misdemeanor TOTAL Direct Filed to Adult Court 800 Table 11.8 Number of Prior Referrals: Juveniles Direct Filed FY07 0 90 600 17.18 % 1 51 9.73 2 64 12.21 3 45 8.59 4 33 6.30 5 40 7.63 6 31 5.92 7 24 4.58 8 or more 146 27.86 TOTAL 524 100.0 470 412 553 524 FY06 FY07 462 400 200 0 FY03 FY04 FY05 For FY 2001 through FY 2007 data, refer to the graphs on page 5. 31 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY07 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 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 a juvenile is based on findings of a preponderance of evidence of probable cause that: the offense was committed, the juvenile committed the offense, and a transfer would best serve public safety. The determination of whether public safety would be served is based on the following factors as stated in A.R.S. §8-327 D: 1. The seriousness of the offense involved; 2. The record and previous history of the juvenile, including previous contacts with the courts and law enforcement, previous periods of any court ordered probation and the results of that probation; 3. Any previous commitments of the juvenile to juvenile residential placements and secure institutions; 4. If the juvenile was previously committed to the Department of Juvenile Corrections for a felony offense; 5. If the juvenile committed another felony offense while the juvenile was a ward of the department of juvenile corrections; 6. If the juvenile committed the alleged offense while participating in, assisting, promoting or furthering the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise; 7. The views of the victim of the offense; 8. If the degree of the juvenile’s participation in the offense was relatively minor but not so minor as to constitute a defense to prosecution; 9. The juvenile’s mental and emotional condition; 10. The likelihood of the juvenile’s reasonable rehabilitation through the use of services and facilities that are currently available to the juvenile court. Table 11.11 County: Juveniles Transferred to Adult Court FY07 Apache 0 0.00% Cochise 0 0.00 Coconino 0 0.00 Gila 0 0.00 Graham 0 0.00 Greenlee 0 0.00 La Paz 1 1.56 40 62.50 Maricopa Mohave 4 6.25 Navajo 1 1.56 Pima 2 3.13 Pinal 0 0.00 Santa Cruz 0 0.00 Yavapai 9 14.06 Yuma 7 10.94 TOTAL 64 100.0 A sharp decline in transfers to adult court occurred in FY06. Over the past years, transfers are still declining but they have leveled off a bit. Overall, the direct filing process accounts for approximately 9 out of every 10 juveniles being prosecuted in adult court. Table 11.12 Age: Juveniles Transferred FY07 8 0 0.00% 9 0 0.00 10 0 0.00 11 0 0.00 12 0 0.00 13 0 0.00 14 0 0.00 15 2 3.13 16 5 7.81 17 53 82.81 4 6.25 64 100.0 Unknown TOTAL Updated as of 10/19/07. 32 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY07 Table 11.13 Gender: Juveniles Transferred FY07 Male 62 96.88 % Table 11.17 Severity of Most Serious Offense: Juveniles Transferred FY07 Female Felonies Against Person 15 23.44 % Felonies Against Property 33 51.56 4 6.25 TOTAL 2 64 3.13 100.0 Obstruction of Justice: Felony & Misdemeanor Misdemeanors Against Person 1 1.56 Table 11.14 Ethnicity: Juveniles Transferred FY07 Hispanic 36 56.25 % Drugs: Felony & Misdemeanor 2 3.13 African American Public Peace: Felony & Misdemeanor 9 14.06 Misdemeanors Against Property 0 0.00 Status Offenses 0 0.00 Citations/Administrative 0 0.00 64 100.0 59 92.19 % 5 7.81 64 100.0 5 7.81 21 32.81 Native American 2 3.13 Asian/Pacific Islander 0 0.00 Other 0 0.00 Unknown 0 0.00 64 100.0 Anglo TOTAL 40.63 % Not Enrolled 22 34.38 Expelled 1 1.56 Suspended 0 0.00 Withdrawn 0 0.00 Graduated 1 1.56 GED Program 0 0.00 14 21.88 TOTAL 64 Misdemeanor TOTAL 120 Juveniles Transferred to Adult Court 106 110 100.0 100 98 93 90 Table 11.16 Number of Prior Referrals: Juveniles Transferred FY07 0 7 10.94 % 1 11 17.19 2 6 9.38 3 5 7.81 4 7 10.94 5 5 7.81 6 7 10.94 7 Table 11.18 Offense Class of Most Serious Offense: Juveniles Transferred FY07 Felony Table 11.15 Education Status: Juveniles Transferred FY07 Enrolled 26 Unknown TOTAL 1 1.56 8 or more 15 23.44 TOTAL 64 100.0 80 72 70 64 60 FY03 FY04 FY05 FY06 FY07 For FY 2001 through FY 2007 data, refer to the graphs on page 5. 33 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY07 DIRECT FILED & TRANSFERRED - UPDATE JUVENILES DIRECT FILED AND TRANSFERRED TO ADULT COURT FROM FY 2003 THRU FY 2006 Review of the information previously published over the past few years indicated that some undercount was reported. As information was updated over time, this undercount has not previously been examined. The following information is a correction to the previously published information. Table 11.20 County: Direct Filed in and Transferred to Adult Court FY 06 Table 11.19 Pathways for Juveniles Filed in Adult Court FY 06 Pathways Mandatory Mandatory Prior Conviction Chronic Discretionary Transfer TOTAL Number of Juveniles 246 % of Total 39.36% Apache 0 0.00 % Cochise 4 0.64 Coconino 10 1.60 Gila 1 0.16 Graham 3 0.48 Greenlee 0 0.00 La Paz Maricopa 0 0.00 437 69.92 39 6.24 Mohave 7 1.12 81 12.96 Navajo 2 0.32 187 29.92 Pima 117 18.72 72 11.52 Pinal 15 2.40 Santa Cruz 2 0.32 Yavapai 8 1.28 19 3.04 625 100.0 625 100.0 Yuma TOTAL Table 11.22 County: Direct Filed in and Transferred to Adult Court FY 05 Table 11.21 Pathways for Juveniles Filed in Adult Court FY 05 Pathways Mandatory Mandatory Prior Conviction Chronic Discretionary Transfer TOTAL Number of Juveniles 200 % of Total 36.04% Apache 0 0.00 % Cochise 2 0.36 Coconino 5 0.90 Gila 2 0.36 Graham 0 0.00 Greenlee 0 0.00 La Paz 0 0.00 397 71.53 2.52 Maricopa 14 2.52 Mohave 14 63 11.35 Navajo 2 0.36 185 33.33 Pima 93 16.76 93 16.76 Pinal 10 1.80 555 100.0 Santa Cruz 7 1.26 Yavapai 12 2.16 Yuma 11 1.98 555 100.0 TOTAL 34 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY07 Table 11.23 Pathways for Juveniles Filed in Adult Court FY 04 Pathways Mandatory Number of Juveniles 179 % of Total 34.56% Table 11.24 County: Direct Filed in and Transferred to Adult Court FY 04 Apache 2 0.39% Cochise 4 0.77 Coconino 9 1.74 Gila 4 0.77 Graham 1 0.19 Greenlee 1 0.19 La Paz 0 0.00 330 63.71 Mohave 7 1.35 Navajo 1 0.19 Mandatory Prior Conviction 28 5.41 Chronic 63 12.16 Discretionary Pima 142 27.41 118 22.78 Transfer Pinal 106 20.46 16 3.09 TOTAL Santa Cruz 518 100.0 Maricopa Table 11.25 Pathways for Juveniles Filed in Adult Court FY 03 Pathways Mandatory Number of Juveniles 188 % of Total 33.10% 2 0.39 Yavapai 12 2.32 Yuma 11 2.12 TOTAL 518 100.0 Table 11.26 County: Direct Filed in and Transferred to Adult Court FY 03 Apache 0 0.00 % Cochise 14 2.46 6 1.06 Coconino Gila 12 2.11 Graham 1 0.18 Greenlee 0 0.00 La Paz 0 0.00 355 62.50 1.58 Mandatory Prior Conviction Mohave 45 7.92 9 Chronic Navajo 40 7.04 5 0.88 Pima 197 34.68 107 18.84 Pinal 98 17.25 22 3.87 Santa Cruz 7 1.23 568 100.0 Yavapai Discretionary Transfer TOTAL Maricopa 35 9 1.58 Yuma 21 3.70 TOTAL 568 100.0 This page intentionally left blank. GENDER FY07 GENDER JUVENILES REFERRED IN FY07 In January, 2005, the Child Welfare League hosted a conference National Girls Table 12.1 Percentage of Each Gender at Stages in the Juvenile Justice System FY07 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, and proportions of boys and girls at each stage in the juvenile justice system, and treatment received in FY07. This was first published in Juveniles Processed FY04 and is replicated again this year. 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 over the last 5 years. This year males referred rose slightly, 351 or a 1.01% increase. Females referred show a slight decrease, 69 or 0.42%, in FY07. 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. The following charts indicate that males continue to account for a large proportion of offenses. 36 Female Male Referral 33.39 % 66.61 % Detention 22.85 77.15 Diversion 39.99 60.01 Petitioned 23.66 76.14 Dismissed 26.69 73.31 Penalty Only 22.67 77.33 Standard Probation 23.60 76.40 JIPS 12.95 87.05 ADJC 12.40 87.60 Direct Filed 6.11 93.89 Transferred 3.13 96.88 GENDER FY07 Average Age For the juveniles referred in FY07, girls entered the juvenile justice system for the first time at the same age as boys (average age of 14.3 for girls compared to 14 for boys). This is consistent for several years. Table 12.2 Average Age at First Referral FY07 Age # Female 14.3 16,251 Male 14.0 32,426 TOTAL 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 (25.7%); status (26.1%); and misdemeanors against property (15.6%). On the other hand, apart from public peace offenses (26.4%), 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. Since 2003 the proportion of both gender’s felonies have remained fairly stable. The female proportions have a range from 17.4% in FY03 and FY07 to 18.1% in FY05, while male proportions have a range from 34.4% in FY03 to 36.2% in FY07 increasing slightly each year. 48,677 Table 12.3 Severity of Most Serious Referral Offense: Percentage By Gender FY07 Female Male Felonies Against Person 2.4% Felonies Against Property 6.2 13.6 6.2 9.2 Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person 6.1% 10.1 8.5 7.0 11.9 Public Peace: Fel. & Misd. 25.7 26.4 Misdemeanors Against Property 15.6 10.6 Status Offenses 26.1 12.9 Administrative 0.6 0.7 100.0 100.0 Drugs: Fel. & Misd. TOTAL Table 12.4 Offense Type of Most Serious Referral Offense: Percentage By Gender FY2003 to FY2007 Female Male Felony 2003 2,923 (17.4%) 11,267 (34.4%) 2004 3,008 (18.0%) 11,586 (35.0%) 2005 3,052 (18.1%) 11,087 (35.1%) 2006 2,888 (17.7%) 11,327 (35.3%) 2007 2,825 (17.4%) 11,733 (36.2%) 2003 8,698 (51.8%) 15,364 (46.9%) 2004 8,704 (52.0%) 15,362 (46.4%) 2005 9,016 (53.5%) 14,528 (46.0%) 2006 8,295 (50.8%) 14,519 (45.3%) 2007 8,448 (52.0%) 14,574 (44.9%) Misdemeanor 37 GENDER FY07 Treatment Received Table 12.5 Juveniles Referred in FY07 Who Received Treatment (Tx) in FY07 Total Referred Rec’d Tx Female 16,251 4,137 Male 32,426 10,221 TOTAL 48,677 14,358 % 25.5% 31.5 Table 12.6 FY07 Treatment Expenditures by Category Percentage of Total Dollars Spent % Female % Male Ancillary Services 4.7 % 5.8 % Behavioral Support Service 2.6 2.9 Competency Restoration 0.2 0.5 Delinquency Prevention 10.4 4.8 Evaluation and Diagnosis 6.4 6.7 Foster Home 0.2 0.2 Functional Family Therapy 0.5 0.4 Out-of-Home 47.3 42.5 Outpatient 10.0 7.5 R.A.F.T. 1.2 0.4 Sex Offender 0.2 19.5 16.2 8.7 Substance Abuse TOTAL TOTAL EXPENDITURE 100.0% 100.0% $3,361,381.20 $12,273,594.64 Referrals by Gender FY2003 to FY2007 45,000 40,000 35,000 32,778 33,131 31,582 32,075 32,426 16,854 16,320 16,251 2005 2006 30,000 25,000 20,000 16,785 16,733 15,000 2003 2004 Male 2007 Female 38 Of the 16,251 girls referred in FY07, 25.5% received treatment services during the year compared to 31.5% of the boys. On average, $812.52 was spent on treatment for girls and $1,200.82 was spent on boys. The largest allocation of treatment monies for both boys (42.5%) and girls (47.3%) was for “Out of Home” services (residential, group homes, detention alternatives, etc.). The second largest amount of money spent on boys was for sex offender treatment (19.5%) and for girls it was substance abuse (16.2%). This page intentionally left blank. JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY07 NOTES JUVENILES PROCESSED FY07 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 Filed in Adult Court FY07” and “County: Direct Filed and Transferred to Adult Court FY07". 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, 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. Administrative - Court hold, courtesy hold, immigration, sovereignty, traffic, warrant. 39 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY07 3. Population data have been provided by the Department of Economic Security, Research Administration, and Population Statistics Unit and the U.S. Census Bureau. The “Blue Wave” population graph has been updated reflecting census data from 2000 and 2005 with population estimates and age projections completed by the National Center for Juvenile Justice. 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. 5. Statutory requirements for diversion based on A.R.S. §8-321: 1. 2. 3. 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. 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. 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. 40 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY07 4. 5. 6. 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. 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. 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. 6. Data on dispositions to Standard Probation and JIPS include juveniles who are placed or continued on Standard Probation and JIPS during this fiscal year. 7. 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. 41 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY07 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 CommunityBased Alternative Program is to increase citizen involvement in the juvenile justice process. 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). 42 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY07 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. 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. § 8-351) defines JIPS as "a program…..of highly structured and closely supervised juvenile probation…..which emphasizes surveillance, treatment, work, education and home detention." A primary purpose of JIPS is to reduce the commitments to the Arizona Department of Juvenile Corrections (ADJC) and other institutional or out-ofhome 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. 43 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY07 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. 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. 44 Produced and Published by Arizona Supreme Court Administrative Office of the Courts ™ Juvenile Justice Services Division 1501 W. Washington, Suite 337 ™ Phoenix, Arizona 85007-3231 (602) 452-3443 www.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.