Juveniles Processed in the Arizona Court System FY 2008 JULY 1, 2007 - JUNE 30, 2008 ADMINISTRATIVE OFFICE OF THE COURTS JUVENILE JUSTICE SERVICES DIVISION Research & Information Unit | Suite 337 | 602.452.3297 Dedications: To Rob Lubitz This edition of Juveniles Processed is dedicated to Rob Lubitz who will retire in February, 2009, after 5 years of service to the AOC and the State of Arizona. As Director of the Juvenile Justice Services Division, Rob provided outstanding leadership to the Division, contributed to the effective operation of Juvenile Courts statewide and guided changes in statewide policies and practices to reflect the shift toward Evidence Based Practices in all aspects of the Juvenile Court. To Richard “Dick” Kennedy This edition of Juveniles Processed is dedicated to Richard Kennedy who retired after 36 years of service to the State of Arizona. He has held the position of lead researcher at the AOC’s Juvenile Justice Services Division for 3 years after retiring from Maricopa County’s Juvenile Court. Richard worked tirelessly to ensure the data reported around the state was accurate and understood so that policy makers may make informed decisions. 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, FY08 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 Direct Filed and Transferred ................................................................... 28 Direct Filed in Adult Court ...................................................................... 29 Transferred to Adult Court .................................................................... 31 Gender ................................................................................................. 33 Notes & Glossary of Juvenile Justice Terms ................................................. 36 i JUVENILES PROCESSED IN THE ARIZONA SUPERIOR COURT SYSTEM, FY08 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 2002 - 2008 ........................................................... 5 Referrals, Petitions Filed, Juveniles Referred and Petitioned, FY 2002 - 2008 ................... 5 Pathways for Juveniles Transferred and/or Direct Filed in Adult Court: FY 2002 - 2008..... 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 2006 – FY 2008 .......................................... 26 10.1 Commitments FY08 ............................................................................................ 26 10.2 Commitments FY07 ............................................................................................ 27 10.3 Commitments FY06 ............................................................................................ 27 iii Juveniles Direct Filed in and Transferred to Adult Court 11.1 Pathways for Juveniles Filed in Adult Court .......................................................... 28 11.2 County: Direct Filed in and Transferred to Adult Court ......................................... 29 Juveniles Direct Filed in Adult Court 11.3 County ............................................................................................................... 29 11.4 Gender .............................................................................................................. 29 11.5 Age ................................................................................................................... 29 11.6 Ethnicity ............................................................................................................ 30 11.7 Education Status ................................................................................................ 30 11.8 Number of Prior Referrals ................................................................................... 30 11.9 Severity of Most Serious Offense ......................................................................... 30 11.10 Offense Class of Most Serious Offense ............................................................... 30 Graph: Five Year Trend .............................................................................................. 30 Juveniles Transferred to Adult Court 11.11 County ............................................................................................................. 31 11.12 Age.................................................................................................................. 31 11.13 Gender............................................................................................................. 32 11.14 Ethnicity ........................................................................................................... 32 11.15 Education Status............................................................................................... 32 11.16 Number of Prior Referrals ................................................................................. .32 11.17 Severity of Most Serious Offense ....................................................................... 32 11.18 Offense Class of Most Serious Offense ............................................................... 32 Graph: Five Year Trend .............................................................................................. 32 Gender 12.1 Percentage of Each Gender at Stages in the Juvenile Justice System ..................... 33 12.2 Average Age at First Referral............................................................................... 34 12.3 Severity of the Most Serious Referral Offense ....................................................... 34 12.4 Offense Type of Most Serious Referral Offense ..................................................... 34 12.5 Juveniles Referred Who Received Treatment ........................................................ 35 12.6 Treatment Expenditures ...................................................................................... 35 Graph: Referrals by Gender ........................................................................................ 35 iv JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY08 Introduction & Trends JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY08 This is the fifteenth publication of Juveniles Processed in the Arizona Court System. The data for this report are extracted each year from fourteen Juvenile Courts’ Juvenile On-Line Tracking Systems (JOLTS). JOLTS is the automated juvenile court information management system that has been operational statewide for more than sixteen years. After having used JOLTS for more than 25 years, Maricopa County has made a change to their new integrated Court Information System (iCIS). Maricopa County’s data was collected and stored in iCIS this fiscal year for the first time. 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 2008. 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 FY08. 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 2008, 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 2002 through FY 2008. 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 FY08 that illustrates selected stages within the juvenile justice system and the number of juveniles processed at each stage. In the Arizona Juvenile Court Activity FY08 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. 1 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY08 Several graphs are included in this section to illustrate trends since FY 2002. 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, 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 FY08 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 FY08 3 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY08 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, 2007 to June 30, 2008 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 FY08 5 JUVENILES REFERRED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY08 6 JUVENILES REFERRED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY08 Juveniles Referred ARIZONA SUPERIOR COURT SYSTEM, FY08 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 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 FY08. 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 2008, there were estimated 974,610 juveniles ages 8 to 18 in Arizona. From July 1, 2007 to June 30, 2008, 4.8% of these juveniles (46,749) were referred at least once to Arizona’s juvenile courts. This represents about 1 in every 20.8 juveniles. These 46,749 juveniles generated 69,976 referrals at an average of 1.5 referrals per juvenile. Table 1.1 County: Juveniles Referred FY08 Apache 245 0.52% Cochise 1,276 2.73% Coconino 1,240 2.65% Gila 876 1.87% Graham 427 0.91% Greenlee 72 0.15% La Paz Maricopa Mohave Navajo 0.28% 24,390 52.17% 1,781 3.81% 925 1.98% Pima 8,806 18.84% Pinal 1,982 4.24% 591 1.26% Yavapai 1,606 3.44% Yuma 2,401 5.14% TOTAL 46,749 Santa Cruz 100.0 Table 1.2 Gender: Juveniles Referred FY08 Male 30,906 66.11% Female 15,843 33.89% TOTAL 46,749 100.0 Table 1.3 Age: Juveniles Referred FY08 8 146 0.31% 9 280 0.60% 10 500 1.07% 11 960 2.05% 12 1,867 3.99% 13 3,749 8.02% 14 6,306 13.49% 15 8,903 19.04% 16 10,788 23.08% 17 12,786 27.35% 464 0.99% Unknown TOTAL 7 131 46,749 100.0 JUVENILES REFERRED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY08 Table 1.4 Ethnicity: Juveniles Referred FY08 Hispanic 18,883 African American 3,869 8.28% Anglo 20,399 43.64% Native American 2,381 5.09% Asian/Pacific Islander 343 0.73% Other 166 0.36% Unknown 708 1.51% TOTAL 40.39% 46,749 100.0 Table 1.7 Severity of Most Serious Offense: Juveniles Referred FY08 Felonies Against Person 2,471 5.29% Felonies Against Property 4,787 10.24% Obstruction of Justice: Felony & Misdemeanor 3,840 Misdemeanors Against Person 4,007 8.57% Drugs: Felony & Misdemeanor 5,013 10.72% 12,083 25.85% Public Peace: Felony & Misdemeanor Misdemeanors Against Property 6,815 14.58% Status Offenses 7,308 15.63% 425 0.91% Administrative Table 1.5 Education Status: Juveniles Referred FY08 TOTAL Enrolled 27,118 58.01% Not Enrolled 2,511 5.37% Expelled 118 0.25% Suspended 156 0.33% Withdrawn 239 0.51% Graduated 174 0.37% GED Program 51 0.11% Unknown 16,382 35.04% TOTAL 46,749 100.0 Table 1.6 Number of Prior Referrals: Juveniles Referred FY08 0 23,354 49.96% 1 8,690 18.59% 2 4,306 9.21% 3 2,713 5.80% 4 1,828 3.91% 5 1,367 2.92% 6 962 2.06% 7 784 1.68% 2,745 5.87% 8 or more TOTAL 46,749 8.21% 46,749 100.0 Table 1.8 Offense Class of Most Serious Offense: Juveniles Referred FY08 Felony 14,097 30.15% Misdemeanor 22,887 48.96% Violations of Probation & Ordinances 2,032 4.35% Status 7,308 15.63% Other 425 0.91% TOTAL 46,749 100.0 100.0 For FY 2002 through FY 2008 data, refer to the graphs on page 5. 8 JUVENILES REFERRED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY08 Table 1.9 Top Ten Referral Categories FY08 Probation Violation 6,628 Shoplifting - Misd 6,323 9.04% Truancy 4,394 6.28% Runaway 4,242 6.06% Curfew 3,881 5.55% Alcohol 3,259 4.66% Marijuana Possession 3,108 4.44% Drug Paraphernalia 2,492 3.56% 9.47% Disorderly Conduct 2,373 3.39% Assault – Simple 2,064 2.95% TOTAL TOP TEN REFERRALS 41,899 TOTAL ALL REFERRALS 69,982 59.87 100.0 Table 1.10 Top Ten Referral Categories for Previous Fiscal Years FY2004 FY2005 FY2006 FY2007 Probation Violation 7,540 Probation Violation 7,099 Probation Violation 6,169 Probation Violation 7,055 Shoplifting – Misd Shoplifting – Misd 6,266 Truancy Truancy 5,947 5,505 Truancy Shoplifting – Misd 4,984 Shoplifting – Misd 5,136 Runaway Curfew 6,508 Truancy 6,300 Alcohol 5,493 Runaway 5,976 Runaway 4,103 Marijuana Possession 4,013 Curfew 4,556 Curfew Runaway 3,656 Curfew 3,752 4,206 3,952 Marijuana Possession 4,136 Marijuana Possession 3,539 3,704 Marijuana Possession 3,743 Alcohol 3,276 3,348 Assault – DV Assault – Simple 2,635 Assault – Simple 2,550 Assault Simple Disorderly Conduct Disorderly Conduct Disorderly Conduct 2,255 Assault – Simple 2,967 Disorderly Conduct 2,597 Alcohol 3,746 Alcohol 3,366 2,403 2,459 2,504 2,243 Assault – Domestic Violence 1,946 Assault – Domestic Violence 2,017 Assault – Domestic Violence 1,792 Cells indicate the number of Referrals for each offense. 9 In FY08, 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 had been no change in the categories of the top ten offenses, although this year a new offense entered the top ten. Drug Paraphernalia replaces Assault – Domestic Violence in the top ten offenses list. 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 FY08 Juveniles Detained ARIZONA SUPERIOR COURT SYSTEM, FY08 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 FY08 Apache 137 1.17% Cochise 283 2.42% Coconino 295 2.53% Gila 457 3.91% Graham 182 1.56% Greenlee 27 0.23% La Paz 33 0.28% 5,632 48.24% Mohave 404 3.46% Navajo 200 1.71% Pima 1,483 12.70% Pinal 811 6.95% Santa Cruz 281 2.41% Yavapai 563 4.82% Yuma 886 7.59% TOTAL 11,674 Maricopa 100.0 In FY08, 11,674 juveniles were detained at least once. Only 7,733 (66.6%) 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 7,733 juveniles that were detained on a referral (physical referral) represent 16.6% of the juveniles referred to the juvenile court in FY08. Over the past few years, juveniles detained have decreased from a high of 13,660 in FY 2002 to 11,674 in spite of increased populations. Table 2.2 Gender: Juveniles Detained FY08 Male 9,105 77.99% Female 2,569 22.01% 11,674 100.0 TOTAL JUVENILES DETAINED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY08 Table 2.3 Age: Juveniles Detained FY08 8 3 0.03% 9 7 0.06% Table 2.7 Severity of Most Serious Offense: Juveniles Detained FY08 Felonies Against Person 1,326 17.15% 10 39 0.33% Felonies Against Property 1,827 23.63% Obstruction of Justice: Felony & Misdemeanor 11 100 0.86% 12 233 2.00% 13 614 5.26% 14 1,281 10.97% 15 2,224 19.05% 16 3,041 26.05% 17 4,088 35.02% 44 0.38% Unknown TOTAL 11,674 100.0 Hispanic 5,320 45.57% African American 1,211 10.37% Anglo 4,153 35.57% 780 6.68% Asian/Pacific Islander 56 0.48% Other 38 0.33% 116 0.99% Unknown TOTAL 11,674 19.19% 813 10.51% Drugs: Felony & Misdemeanor 863 11.16% Public Peace: Felony & Misdemeanor 887 11.47% Misdemeanors Against Property 312 4.03% Status Offenses 101 1.31% Administrative 120 1.55% TOTAL 100.0 Enrolled 4,091 35.04% Not Enrolled 1,088 9.32% Expelled 69 0.59% Suspended 69 0.59% Withdrawn 111 0.95% Graduated 38 0.33% GED Program 33 0.28% Unknown 6,175 52.90% TOTAL 11,674 100.0 Table 2.6 Number of Prior Referrals: Juveniles Detained FY08 0 1,865 24.12% 1 1,118 14.46% 2 829 10.72% 3 706 9.13% 4 599 7.75% 5 487 6.30% 6 409 5.29% 7 346 4.47% 1,374 17.77% TOTAL 7,733 100.0 Felony 4,577 59.19% Misdemeanor 1,970 25.48% Violations of Probation & Ordinances 1,013 13.10% Status 100 1.29% Other 73 0.94% TOTAL 7,733 Table 2.5 Education Status: Juveniles Detained FY08 8 or more 7,733 Table 2.8 Offense Class of Most Serious Offense: Juveniles Detained FY08 Table 2.4 Ethnicity: Juveniles Detained FY08 Native American 1,484 Misdemeanors Against Person 100.0 11 100.0 JUVENILES DIVERTED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY08 Juveniles Diverted ARIZONA SUPERIOR COURT SYSTEM, FY08 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. Table 3.1 County: Juveniles Diverted FY08 Apache 70 0.34% Cochise 748 3.62% Coconino 571 2.76% Gila 310 1.50% Graham 132 0.64% Greenlee 16 0.08% La Paz 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 In FY08, there were 20,664 juveniles diverted in Arizona’s juvenile justice system. 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. This year, FY 2008, we see the percentage of juveniles referred back up to 44.2%. Thus, the relative rate of diversion is rather stable. We would expect diverted juveniles to have less serious offenses and little or no prior referrals. Of the juveniles diverted in FY08: 66.8% had no prior referrals. 62.6% had a misdemeanor as the most serious offense. 12 46 0.22% 10,482 50.73% Mohave 727 3.52% Navajo 152 0.74% Pima 4,827 23.36% Pinal 544 2.63% Santa Cruz 176 0.85% Yavapai 959 4.64% Yuma 904 4.37% TOTAL 20,664 Maricopa 100.0 Table 3.2 Gender: Juveniles Diverted FY08 Male 12,442 60.21% Female 8,222 39.79% TOTAL 20,664 100.0 Table 3.3 Age: Juveniles Diverted FY08 8 82 0.40% 9 160 0.77% 10 290 1.40% 11 563 2.72% 12 1,119 5.42% 13 2,153 10.42% 14 3,473 16.81% 15 4,370 21.15% 16 4,471 21.64% 17 3,944 19.09% 39 0.19% Unknown TOTAL 20,664 100.0 JUVENILES DIVERTED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY08 Table 3.4 Ethnicity: Juveniles Diverted FY08 Hispanic 8,362 40.47% African American 1,565 7.57% Anglo 9,394 45.46% Native American 812 3.93% Asian/Pacific Islander 176 0.85% Other Unknown TOTAL 91 0.44% 264 1.28% 20,664 100.0 Table 3.7 Severity of Most Serious Offense: Juveniles Diverted FY08 Felonies Against Person 259 1.25% Felonies Against Property Obstruction of Justice: Felony & Misdemeanor Enrolled 14,453 69.94% 546 2.64% Expelled 23 0.11% Suspended 67 0.32% Withdrawn 53 0.26% Graduated 55 0.27% 1 0.00% 5,466 26.45% Not Enrolled GED Program Unknown TOTAL 20,664 100.0 Table 3.6 Number of Prior Referrals: Juveniles Diverted FY08 0 13,812 66.84% 1 4,244 20.54% 2 1,355 6.56% 3 550 2.66% 4 241 1.17% 5 129 0.62% 6 80 0.39% 59 0.29% 194 0.94% 7 8 or more TOTAL 20,664 3.77% 135 0.65% Misdemeanors Against Person 2,037 9.86% Drugs: Felony & Misdemeanor 2,170 10.50% Public Peace: Felony & Misdemeanor 6,026 29.16% Misdemeanors Against Property 5,161 24.98% Status Offenses 4,050 19.60% 47 0.23% Administrative Table 3.5 Education Status: Juveniles Diverted FY08 779 TOTAL 20,664 100.0 Table 3.8 Offense Class of Most Serious Offense: Juveniles Diverted FY08 Felony 3,454 16.72% Misdemeanor 12,931 62.59% 182 0.88% Status 4,050 19.60% Other 46 0.22% Violations of Probation & Ordinances TOTAL 100.0 13 20,664 100.0 JUVENILES WITH PETITIONS FILED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY08 PETITIONS FILED ARIZONA SUPERIOR COURT SYSTEM, FY08 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 17,974 juveniles with a petition filed during FY08. This is a slight increase from FY07. 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%, 38.4% for FY 2008. 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 (74.5%) are between 15 and 17 years of age. Table 4.1 County: Petitions Filed FY08 Apache 138 0.77% Cochise 389 2.16% Coconino 528 2.94% Gila 261 1.45% Graham 289 1.61% Greenlee 44 0.24% La Paz 52 0.29% 9,270 51.57% Mohave 521 2.90% Navajo 402 2.24% Pima 2,758 15.34% Pinal 1,023 5.69% Santa Cruz 337 1.87% Yavapai 719 4.00% Yuma 1,243 6.92% TOTAL 17,974 Maricopa Table 4.2 Gender: Petitions Filed FY08 Male 13,612 75.73% Female 24.27% TOTAL 4,362 17,974 Table 4.3 Age: Petitions Filed FY08 8 17 100.0 0.09% 9 52 0.29% 10 127 0.71% 11 242 1.35% 12 540 3.00% 13 1,318 7.33% 14 2,271 12.63% 15 3,549 19.75% 16 4,694 26.12% 17 5,149 28.65% 15 0.08% Unknown TOTAL 14 100.0 17,974 100.0 JUVENILES WITH PETITIONS FILED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY08 Table 4.4 Ethnicity: Petitions Filed FY08 Hispanic 7,902 43.96% African American 1,779 9.90% Anglo 6,932 38.57% Native American 1,107 6.16% 102 Asian/Pacific Islander Other Unknown TOTAL Felonies Against Person 1,409 7.84% Felonies Against Property 3,386 18.84% 0.57% Obstruction of Justice: Felony & Misdemeanor 3,736 20.79% 54 0.30% Misdemeanors Against Person 1,677 9.33% 98 0.55% Drugs: Felony & Misdemeanor 2,299 12.79% Public Peace: Felony & Misdemeanor 2,969 16.52% Misdemeanors Against Property 1,770 9.85% 17,974 100.0 Table 4.5 Education Status: Petitions Filed FY08 Enrolled 10,114 56.27% Not Enrolled 1,798 10.00% Expelled 94 0.52% Suspended 94 0.52% Withdrawn 172 0.96% Graduated 86 0.48% GED Program 37 0.21% Unknown 5,579 31.04% TOTAL 17,974 100.0 Table 4.6 Number of Prior Referrals: Petitions Filed FY08 0 4,637 25.80% 1 3,112 17.31% 2 2,488 13.84% 3 1,843 10.25% 4 1,404 7.81% 5 1,078 6.00% 6 740 4.12% 7 604 3.36% 2,068 11.51% 8 or more TOTAL Table 4.7 Severity of Most Serious Offense: Petitions Filed FY08 17,974 Status Offenses 686 3.82% Administrative 42 0.23% TOTAL 17,974 100.0 Table 4.8 Offense Class of Most Serious Offense: Petitions Filed FY08 Felony 8,064 44.86% Misdemeanor 7,176 39.92% Violations of Probation & Ordinances 2,006 11.16% Status 686 3.82% Other 42 0.23% TOTAL 17,974 100.0 100.0 For FY 2002 through FY 2008 data, refer to the graphs on page 5. 15 JUVENILES WITH DISPOSITIONS OF DISMISSED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY08 JUVENILES DISMISSED ARIZONA SUPERIOR COURT SYSTEM, FY08 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 FY08 Apache 67 0.97% Cochise 124 1.79% 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 slight increase in FY08. 16 Coconino 156 Gila 108 1.56% Graham 77 1.11% Greenlee 18 0.26% La Paz Maricopa 2.25% 36 0.52% 3,520 50.79% Mohave 202 2.91% Navajo 99 1.43% Pima 1,254 18.09% Pinal 461 6.65% Santa Cruz 152 2.19% Yavapai 198 2.86% Yuma 459 6.62% TOTAL 6,931 100.0 Table 5.2 Gender: Disposition of Dismissed FY08 Male 5,004 72.20% Female 1,927 27.80% TOTAL 6,931 100.0 Table 5.3 Age: Disposition of Dismissed FY08 8 6 0.09% 9 23 0.33% 10 45 0.65% 11 91 1.31% 12 187 2.70% 13 419 6.05% 14 850 12.26% 15 1,281 18.48% 16 1,644 23.72% 17 1,938 27.96% 447 6.45% Unknown TOTAL 6,931 100.0 JUVENILES DISMISSED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY08 Table 5.4 Ethnicity: Disposition of Dismissed FY08 Hispanic 2,777 40.07% African American 692 9.98% Anglo Native American Asian/Pacific Islander Other Unknown TOTAL Table 5.5 Education Status: Disposition of Dismissed FY08 Enrolled Not Enrolled 9.38% 1,258 18.15% 664 9.58% 5.80% 35 0.50% Obstruction of Justice: Felony & Misdemeanor 20 0.29% Misdemeanors Against Person 48 0.69% Drugs: Felony & Misdemeanor 658 9.50% 1,706 24.61% Misdemeanors Against Property 818 11.80% Status Offenses 831 11.99% Administrative 27 0.39% 6,931 Public Peace: Felony & Misdemeanor 100.0 TOTAL 3,963 57.18% 34 0.49% Suspended 40 0.58% Withdrawn 66 0.95% Graduated 26 0.38% 26.55% 3,245 46.82% 994 14.34% 831 11.99% Other 21 0.30% TOTAL 6,931 Misdemeanor 0.20% 30.10% Violations of Probation & Ordinances 100.0 Status 28.80% 1 1,266 18.27% 2 876 12.64% 3 641 9.25% 4 501 7.23% 5 364 5.25% 6 307 4.43% 7 220 3.17% 8 or more 760 10.97% 6,931 100.0 1,840 Felony 14 6,931 6,931 Table 5.8 Offense Class of Most Serious Offense: Disposition of Dismissed FY08 2,086 Table 5.6 Number of Prior Referrals: Disposition of Dismissed FY08 0 1,996 TOTAL 4.60% 650 402 10.13% TOTAL 319 Felonies Against Property 42.66% 702 Unknown Felonies Against Person 2,957 Expelled GED Program Table 5.7 Severity of Most Serious Offense: Disposition of Dismissed FY08 100.0 17 100.0 JUVENILES WITH DISPOSITION OF PENALTY ONLY IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY08 PENALTY ONLY JUVENILES WITH DISPOSITIONS OF PENALTY ONLY IN FY08 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 decreased over the past year by 19.5%. Over the last five years dispositions of penalty only have remained fairly stable. Table 6.1 County: Disposition of Penalty Only FY08 Apache 1 0.28% Cochise 20 5.52% Coconino 41 11.33% Gila 8 2.21% Graham 7 1.93% Greenlee 1 0.28% La Paz 0 0.00% 154 42.54% Maricopa Mohave 0 0.00% Navajo 9 2.49% Pima 13 3.59% Pinal 51 14.09% Santa Cruz 19 5.25% Yavapai 9 2.49% Yuma 29 8.01% TOTAL 362 100.0 Table 6.2 Gender: Disposition of Penalty Only FY08 Male 271 74.86% Female 25.14% TOTAL 91 362 100.0 Table 6.3 Age: Disposition of Penalty Only FY08 0 8 0.00% 0 9 0.28% 10 0 0.00% 11 2 0.55% 12 6 1.66% 13 12 3.31% 14 18 4.97% 15 51 14.09% 16 63 17.40% 17 190 52.49% 20 5.52% Unknown TOTAL 18 362 100.0 JUVENILES WITH DISPOSITION OF PENALTY ONLY IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY08 Table 6.4 Ethnicity: Disposition of Penalty Only FY08 Hispanic 154 42.54% African American Anglo Native American Asian/Pacific Islander Other Unknown TOTAL Table 6.7 Severity of Most Serious Offense: Disposition of Penalty Only FY08 Felonies Against Person 13 3.59% Felonies Against Property 22 6.08% 9.39% Obstruction of Justice: Felony & Misdemeanor 5 1.38% 55 Misdemeanors Against Person 23 15.19% 6.35% 0 0.00% Drugs: Felony & Misdemeanor 23 6.35% 145 40.06% 34 1 362 0.28% 100.0 Table 6.5 Education Status: Disposition of Penalty Only FY08 Enrolled 185 51.10% Not Enrolled 37 10.22% Expelled 1 0.28% Suspended 2 0.55% Withdrawn 2 0.55% Graduated 1 0.28% GED Program Unknown TOTAL 2 0.55% 132 36.46% 362 29.28% 1 51 14.09% 2 49 13.54% 3 38 10.50% 4 31 8.56% 5 21 5.80% 6 14 3.87% 7 11 3.04% 8 or more 41 11.33% TOTAL 362 9.39% 43.65% Misdemeanors Against Property 28 7.73% Status Offenses 27 7.46% Administrative 2 0.55% 362 100.0 TOTAL Table 6.8 Offense Class of Most Serious Offense: Disposition of Penalty Only FY08 Felony 89 24.59% 195 53.87% Violations of Probation & Ordinances 49 13.54% Status 27 7.46% Other 2 0.55% TOTAL 362 Misdemeanor 100.0 Table 6.6 Number of Prior Referrals: Disposition of Penalty Only FY08 0 106 34 158 Public Peace: Felony & Misdemeanor 100.0 19 100.0 JUVENILES WITH DISPOSITION OF STANDARD PROBATION IN FY08 STANDARD PROBATION JUVENILES WITH DISPOSITIONS OF STANDARD PROBATION IN FY086 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 FY08 Apache 87 0.85% Cochise 204 2.00% Coconino 307 3.01% Gila 150 Graham 198 1.94% Greenlee 34 0.33% La Paz 1.47% 31 0.30% 5,796 56.76% Mohave 302 2.96% Navajo 236 2.31% Pima 1,432 14.02% Pinal 367 3.59% Santa Cruz 129 1.26% Yavapai 344 3.37% Yuma 594 5.82% TOTAL 10,211 Maricopa 100.0 Table 7.2 Gender: Disposition of Standard Probation FY08 Male 7,779 76.18% Female 2,432 23.82% TOTAL 10,211 100.0 Table 7.3 Age: Disposition of Standard Probation FY08 0 8 0.00% 9 4 0.04% 10 17 0.17% 11 88 0.86% 12 203 1.99% 13 650 6.37% 14 1,320 12.93% 15 2,057 20.14% 16 2,702 26.46% 17 3,165 31.00% 5 0.05% Unknown TOTAL 10,211 100.0 JUVENILES WITH DISPOSITION OF STANDARD PROBATION IN FY08 choose to impose more severe liberty restrictions, including detention, placement in the JIPS program or commitment to the Arizona Department of Juvenile Corrections. In FY08, 10,211 juveniles were given a disposition of standard probation. Dispositions to standard probation have decreased by 6.1% since FY02. Over the last five years dispositions of standard probation have been fairly stable. Table 7.7 Severity of Most Serious Offense: Disposition of Standard Probation FY08 Felonies Against Person 890 8.72% Felonies Against Property 2,231 21.85% Obstruction of Justice: Felony & Misdemeanor 1,733 16.97% Misdemeanors Against Person 781 7.65% Drugs: Felony & Misdemeanor 1,619 15.86% Public Peace: Felony & Misdemeanor 1,687 16.52% Table 7.4 Ethnicity: Disposition of Standard Probation FY08 Hispanic 4,369 42.79% African American 896 8.77% Misdemeanors Against Property 892 8.74% Status Offenses 288 2.82% Administrative 90 0.88% Anglo TOTAL Native American Asian/Pacific Islander Other Unknown TOTAL 4,181 40.95% 648 6.35% 56 0.55% 21 0.21% 40 0.39% 10,211 100.0 Table 7.5 Education Status: Disposition of Standard Probation FY08 Enrolled 6,148 60.21% Not Enrolled 1,226 12.01% Expelled 52 0.51% Suspended 58 0.57% Withdrawn 103 1.01% Graduated 42 0.41% GED Program 4 0.04% Unknown 2,578 25.25% TOTAL 10,211 100.0 Table 7.6 Number of Prior Referrals: Disposition of Standard Probation FY08 0 2,576 25.23% 1 1,981 19.40% 2 1,715 16.80% 3 1,198 11.73% 4 822 8.05% 5 615 6.02% 6 359 3.52% 7 249 2.44% 8 or more 696 6.82% TOTAL 10,211 10,211 100.0 Table 7.8 Offense Class of Most Serious Offense: Disposition of Standard Probation FY08 Felony 5,345 52.35% Misdemeanor 3,563 34.89% Violations of Probation & Ordinances 928 9.09% Status 288 2.82% Other 87 0.85% TOTAL 10,211 100.0 For FY 2002 through FY 2008 data, refer to the graphs on page 5. 100.0 21 JUVENILES WITH DISPOSITION TO JIPS IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY08 JIPS JUVENILES WITH DISPOSITIONS TO JIPS IN FY086 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. 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. 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 2004, the number of juveniles placed on JIPS has decreased by 13.1%. Table 8.1 County: Disposition to JIPS FY08 Apache 10 0.51% Cochise 105 5.34% Coconino 55 2.80% Gila 48 2.44% Graham 29 1.47% Greenlee 8 0.41% La Paz 3 0.15% Maricopa 806 41.98% Mohave 105 5.34% Navajo 36 1.83% Pima 193 9.81% Pinal 124 6.30% 39 1.98% Santa Cruz 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 126 6.41% Yuma 280 14.23% TOTAL 1,967 10 1 0.05% 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, 11 3 0.15% 12 22 1.12% 13 92 4.68% 14 209 10.63% 15 392 19.93% 16 619 31.47% 17 628 31.93% 1 0.05% 22 100.0 Table 8.2 Gender: Disposition to JIPS FY08 Male 1,720 87.44% Female 247 12.56% TOTAL 1,967 Table 8.3 Age: Disposition to JIPS FY08 0 8 0 9 Unknown TOTAL 1,967 100.0 0.00% 0.00% 100.0 JUVENILES WITH DISPOSITION TO JIPS IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY08 Table 8.4 Ethnicity: Disposition to JIPS FY08 Hispanic 1,048 53.28% African American 172 8.74% Anglo 661 33.60% 72 3.66% 9 Native American Asian/Pacific Islander Other Unknown TOTAL Felonies Against Person 180 9.15% Felonies Against Property 525 26.69% 0.46% Obstruction of Justice: Felony & Misdemeanor 825 41.94% 4 0.20% Misdemeanors Against Person 51 2.59% 1 0.05% Drugs: Felony & Misdemeanor 188 9.56% Public Peace: Felony & Misdemeanor 152 7.73% 35 1.78% 1,967 100.0 Table 8.5 Education Status: Disposition to JIPS FY08 Enrolled 1,190 60.50% Not Enrolled 316 16.07% Expelled 19 0.97% Suspended 13 0.66% Withdrawn 34 1.73% Graduated 8 0.41% 15 0.76% 372 GED Program Unknown TOTAL 1,967 Misdemeanors Against Property Status Offenses 1 0.05% Administrative 10 0.51% TOTAL 1,967 100.0 Table 8.8 Offense Class of Most Serious Offense: Disposition to JIPS FY07 Felony 1,100 55.92% Misdemeanor 283 14.39% 18.91% Violations of Probation & Ordinances 574 29.18% 100.0 Status 1 0.05% Other 9 0.46% TOTAL Table 8.6 Number of Prior Referrals: Disposition to JIPS FY08 0 79 4.02% 1 115 5.85% 2 209 10.63% 3 188 9.56% 4 211 10.73% 5 213 10.83% 6 196 9.96% 7 167 8.49% 8 or more 589 29.94% 1,967 100.0 TOTAL Table 8.7 Severity of Most Serious Offense: Disposition to JIPS FY08 1,967 100.0 For FY 2002 through FY 2008 data, refer to the graphs on page 5. 23 JUVENILES WITH DISPOSITIONS TO ADJC IN FY08 ADJC JUVENILES WITH DISPOSITIONS TO ADJC IN FY08 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. 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 2008 within each county. In FY08, 924 juveniles received a Judicial decision involving commitment to ADJC. This number has shown a consistent decline since a historical high of 24 1,670 in FY98. Over the last five years Commitments to ADJC have ranged from a low of 833 (FY 06) to 926 (FY 07). 45.6% 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). 47.1% 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 FY08 Apache 8 0.87% Cochise 13 1.41% Coconino 19 2.06% 9 0.97% Graham 14 1.52% Greenlee 1 0.11% La Paz 1 0.11% 551 59.63% Mohave 45 4.87% Navajo 4 0.43% Pima 104 11.26% Pinal 43 4.65% 8 0.87% Yavapai 27 2.92% Yuma 77 8.33% TOTAL 924 Gila Maricopa Santa Cruz Table 9.2 Age: Disposition to ADJC FY08 0 8 0 9 100.0 0.00% 0.00% 10 0 0.00% 11 0 0.00% 12 0 0.00% 13 19 2.06% 14 69 7.47% 15 189 20.45% 16 290 31.39% 17 357 38.64% TOTAL 924 100.0 JUVENILES WITH DISPOSITIONS TO ADJC IN FY08 Table 9.3 Gender: Disposition to ADJC FY08 Male 812 87.88% Female 112 12.12% TOTAL 924 100.0 Table 9.4 Ethnicity: Disposition to ADJC FY08 Hispanic 480 51.95% African American 104 11.26% Anglo 293 31.71% 40 4.33% Asian/Pacific Islander 3 0.32% Other 2 0.22% Unknown 2 0.22% Native American TOTAL 924 100.0 Table 9.5 Education Status: Disposition to ADJC FY08 Enrolled 343 37.12% Not Enrolled 190 20.56% Expelled 9 0.97% Suspended 6 0.65% Withdrawn 11 1.19% Graduated 4 0.43% GED Program 4 0.43% Unknown 357 38.64% TOTAL 924 100.0 Table 9.6 Number of Prior Referrals: Disposition to ADJC FY08 0 32 1 37 37 4.00% 54 5.84% 4 85 9.20% 5 89 9.63% 6 76 8.23% 7 79 8.55% 435 924 124 13.42% Felonies Against Property 177 19.16% Obstruction of Justice: Felony & Misdemeanor 431 46.65% Misdemeanors Against Person 33 3.57% Drugs: Felony & Misdemeanor 76 8.23% Public Peace: Felony & Misdemeanor 61 6.60% Misdemeanors Against Property 22 2.38% TOTAL 924 100.0 Table 9.8 Offense Class of Most Serious Offense: Disposition to ADJC FY08 Felony 455 49.24% Misdemeanor 132 14.29% Violations of Probations & Ordinances 337 36.47% TOTAL 924 100.0 4.00% 3 TOTAL Felonies Against Person 3.46% 2 8 or more Table 9.7 Severity of Most Serious Offense: Disposition to ADJC FY08 47.08% 100.0 For FY 2002 through FY 2008 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 2008 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. Table 10.1 Commitments FY08, 7/1/2007 – 6/30/2008 Never Original Subsequent Arrived Commitment Commitment At ADJC TOTAL Apache 7 1 8 Cochise 9 4 13 15 4 19 4 14 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 9 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 10 Greenlee La Paz Maricopa 9 1 1 1 1 422 124 Mohave 42 3 5 551 Navajo 3 1 Pima 83 19 Pinal 40 3 43 45 4 2 8 104 8 Yavapai 24 3 27 Yuma 73 4 77 TOTAL 746 171 (continued on next page) 26 7 924 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 FY07, 7/1/2006 – 6/30/2007 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 2008. Apache 5 Cochise 17 2 19 Coconino 12 4 16 5 1 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. In FY 2008 the number of original commitments is 746. The data in this section suggests that the number of original juveniles being committed to ADJC since FY 2004 has remained fairly stable, ranging from 672 (FY 06) to 765 (FY 07). Charts for fiscal years 2006 through 2008 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. Gila Graham La Paz Maricopa 5 6 16 16 0 2 2 444 114 Mohave 55 1 Navajo 11 4 562 56 11 Pima 103 25 128 Pinal 27 4 31 Santa Cruz 8 8 Yavapai 25 4 29 Yuma 35 2 37 TOTAL 765 157 4 Table 10.3 Commitments FY06, 7/1/2005 – 6/30/2006 Never Original Subsequent Arrived Commitment Commitment At ADJC 926 TOTAL Apache 11 Cochise 11 1 12 Coconino 11 3 14 Gila 19 19 Graham 10 10 2 2 11 Greenlee La Paz Maricopa 0 383 109 Mohave 37 4 41 Navajo 8 87 29 116 Pinal 15 2 Santa Cruz 13 1 Yavapai 18 4 22 Yuma 47 3 50 TOTAL 672 156 Pima 27 4 496 8 17 1 5 15 833 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY08 DIRECT FILED & TRANSFERRED JUVENILES DIRECT FILED AND TRANSFERRED TO ADULT COURT IN FY08 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 FY08 Pathways Number of Juveniles Mandatory 263 43.47 % Mandatory Prior Conviction 38 6.28 % 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 28 % of Total 61 10.08 % 188 31.07 % 55 9.09 % *605 100.0 Table 11.2 County: Direct Filed in and Transferred to Adult Court FY08 Apache 0 0.00% Cochise 4 0.66% Coconino 8 1.32% Gila 1 0.17% Graham 1 0.17% Greenlee 0 0.00% La Paz 0 0.00% 405 66.94% Mohave 4 0.66% Navajo 1 0.17% Pima 112 18.51% Pinal 23 3.80% 6 0.99% Yavapai 12 1.98% Yuma 28 Maricopa Santa Cruz TOTAL *605 4.63% 100.0 *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 FY08 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. 29 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 FY08 Apache 0 0.00% Cochise 4 0.73% Coconino 8 1.45% Gila 1 0.18% Graham 0 0.00% Greenlee 0 0.00% La Paz 0 0.00% 378 68.73% Mohave 1 0.18% Navajo 1 0.18% Pima 104 18.91% Pinal Maricopa 23 4.18% Santa Cruz 6 1.09% Yavapai 1 0.18% Yuma 23 4.18% TOTAL 550 100.0 Table 11.4 Gender: Juveniles Direct Filed FY08 Male 526 95.64% Female 24 4.36% TOTAL 550 100.0 Table 11.5 Age: Juveniles Direct Filed FY08 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 7 1.27% 15 71 12.91% 16 177 32.18% 17 285 51.82% 10 1.82% Unknown TOTAL 550 100.0 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY08 Table 11.6 Ethnicity: Juveniles Direct Filed FY08 Hispanic 319 58.00% African American 101 18.36% Anglo 102 18.55% 18 3.27% 2 Native American Asian/Pacific Islander Other Unknown TOTAL Table 11.9 Severity of Most Serious Offense: Juveniles Direct Filed FY08 Felonies Against Person 350 63.64% Felonies Against Property 123 22.36% 0.36% Obstruction of Justice: Felony & Misdemeanor 4 0.73% 2 0.36% Misdemeanors Against Person 3 0.55% 6 1.09% Drugs: Felony & Misdemeanor 35 6.36% Public Peace: Felony & Misdemeanor 34 6.18% 1 0.18% 550 Misdemeanors Against Property 100.0 TOTAL Table 11.7 Education Status: Juveniles Direct Filed FY08 Enrolled 130 23.64% Not Enrolled 123 22.36% Expelled 8 1.45% Suspended 2 0.36% Withdrawn 5 0.91% Graduated 4 0.73% GED Program 2 0.36% 276 50.18% Unknown TOTAL 550 Table 11.8 Number of Prior Referrals: Juveniles Direct Filed FY08 0 109 12.91% 2 44 8.00% 3 34 6.18% 4 33 6.00% 5 43 7.82% 6 25 4.55% 7 30 5.45% 161 29.27% 550 543 98.73% 7 1.27% Table 11.10 Offense Class of Most Serious Offense: Juveniles Direct Filed FY08 Felony Misdemeanor TOTAL 550 100.0 19.82% 71 TOTAL 100.0 100.0 1 8 or more 550 For FY 2002 through FY 2008 data, refer to the graphs on page 5. 100.0 30 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY08 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 31 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 FY08 Apache 0 0.00% Cochise 0 0.00% Coconino 0 0.00% Gila 0 0.00% Graham 1 1.82% Greenlee 0 0.00% La Paz Maricopa 0 0.00% 27 49.09% Mohave 3 5.45% Navajo 0 0.00% Pima 8 14.55% Pinal 0 0.00% Santa Cruz 0 0.00% 11 20.00% Yuma 5 9.09% TOTAL 55 Yavapai 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 FY08 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 0 0.00% 16 3 5.45% 17 48 87.27% 4 7.27% Unknown TOTAL 55 100.0 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY08 Table 11.13 Gender: Juveniles Transferred FY08 Male 51 92.73% Table 11.17 Severity of Most Serious Offense: Juveniles Transferred FY08 Female Felonies Against Person 15 27.27% Felonies Against Property 26 47.27% Obstruction of Justice: Felony & Misdemeanor 3 5.45% Misdemeanors Against Person Table 11.14 Ethnicity: Juveniles Transferred FY08 Hispanic 28 50.91% 0 0.00% Drugs: Felony & Misdemeanor 3 5.45% African American Public Peace: Felony & Misdemeanor 8 14.55% TOTAL Anglo Native American Asian/Pacific Islander Other Unknown TOTAL 4 55 7.27% 100.0 6 10.91% Misdemeanors Against Property 16 29.09% 0 0.00% Status Offenses 3 5.45% 0 0.00% Citations/Administrative 0 0.00% 0 0.00% 1 1.82% 1 1.82% 55 Table 11.15 Education Status: Juveniles Transferred FY08 Enrolled 25 Not Enrolled 9 Felony 45.45% 16.36% 0 0.00% Suspended 1 1.82% Withdrawn 0 0.00% Graduated 1 1.82% 0 0.00% Unknown 19 34.55% TOTAL 55 100.0 Table 11.16 Number of Prior Referrals: Juveniles Transferred FY08 0 8 14.55% 1 3 5.45% 2 6 10.91% 3 6 10.91% 4 1 1.82% 5 2 3.64% 6 3 5.45% 7 5 9.09% 21 38.18% 8 or more TOTAL 55 55 100.0 Table 11.18 Offense Class of Most Serious Offense: Juveniles Transferred FY08 100.0 Expelled GED Program TOTAL 52 94.55% Misdemeanor 2 3.64% Administrative 1 1.82% TOTAL 55 For FY 2002 through FY 2008 data, refer to the graphs on page 5. 100.0 32 100.0 This page intentionally left blank. GENDER FY08 GENDER JUVENILES REFERRED IN FY08 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 FY08 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 FY08. 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 decreased, 1,520 or a 4.7% decrease. Females referred show a decrease, 408 or 2.5%, in FY08. 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. 33 Female Male Referral 33.89% 66.11% Detention 22.01% 77.99% Diversion 39.79% 60.21% Petitioned 24.27% 75.73% Dismissed 27.80% 72.20% Penalty Only 25.14% 74.86% Standard Probation 23.82% 76.18% JIPS 12.56% 87.44% ADJC 12.12% 87.88% Direct Filed 4.36% 95.64% Transferred 7.27% 92.73% GENDER FY08 Average Age For the juveniles referred in FY08, girls entered the juvenile justice system for the first time at roughly the same age as boys (average age of 14.3 for girls compared to 13.8 for boys). This has been consistent for several years. Table 12.2 Average Age at First Referral FY08 Age # Female 14.3 15,845 Male 13.8 30,906 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 (26.2%); status (23.2%); and misdemeanors against property (20.5%). On the other hand, apart from public peace offenses (25.7%), 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 2004 the proportion of both gender’s felonies have remained fairly stable. The female proportions have a range from 15.8% in FY08 to 18.1% in FY05, while male proportions have a range from 35.0% in FY04 to 37.5% in FY08 increasing slightly each year. 46,749 Table 12.3 Severity of Most Serious Referral Offense: Percentage By Gender FY08 Female Male Felonies Against Person 2.4% 6.7% Felonies Against Property 4.5% 13.2% Obstruction of Justice: Fel. & Misd. 6.2% 9.3% Misdemeanors Against Person 9.5% 8.1% Drugs: Fel. & Misd. 6.7% 12.8% Public Peace: Fel. & Misd. 26.2% 25.7% Misdemeanors Against Property 20.5% 11.5% Status Offenses 23.2% 11.7% Administrative 0.8% 1.0% TOTAL 100.0 100.0 Table 12.4 Offense Type of Most Serious Referral Offense: Percentage By Gender FY2004 to FY2008 Female Male Felony 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%) 2008 2,504 (15.8%) 11,591 (37.5%) 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%) 2008 8,991 (56.8%) 13,892 (45.0%) Misdemeanor 34 GENDER FY08 Treatment Received Table 12.5 Juveniles Referred in FY08 Who Received Treatment (Tx) in FY08 Total Rec’d Tx Referred % Female 15,843 3,889 17.6% Male 30,906 10,481 21.9% TOTAL 46,749 14,370 Table 12.6 FY08 Treatment Expenditures by Category Percentage of Total Dollars Spent % Female % Male Ancillary Services 4.7% 6.1% Behavioral Support Service 1.8% 3.6% Competency Restoration 0.4% 0.7% Delinquency Prevention 5.5% 2.7% Evaluation and Diagnosis 4.4% 5.1% Foster Home 0.0% 0.1% Functional Family Therapy 0.6% 0.5% Out-of-Home 54.0% 38.9% Outpatient 8.7% 6.9% R.A.F.T. 0.2% 0.1% Sex Offender 4.8% 29.1% 15.0% 6.2% 100.0% 100.0% $3,835,993.21 $12,227,973.98 Substance Abuse TOTAL TOTAL EXPENDITURE 35 Of the 15,845 girls referred in FY08, 24.5% received treatment services during the year compared to 33.9% of the boys. On average, $996.37 was spent on treatment for girls and $1,166.68 was spent on boys. The largest allocation of treatment monies for both boys (38.9%) and girls (54.0%) 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 (29.1%) and for girls it was substance abuse (15.0%). This page intentionally left blank. JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY08 Notes JUVENILES PROCESSED FY08 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 FY08” and “County: Direct Filed and Transferred to Adult Court FY08". 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. 36 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY08 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-Simple offenses are typically misdemeanor assault offenses which may include simple assault, facilitation and solicitation of assault. c. 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. d. Disorderly Conduct offenses are felony and misdemeanors which may involve disturbing the peace, unlawful assembly, and disorderly conduct with a weapon. e. Drug Paraphernalia offenses involve all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body an illegal drug. 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 $1,000. 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. §281381, §28-1382 and §28-1383 (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. 37 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY08 f. g. 4. 5. 6. 6. 7. Payment of restitution to the victim of the delinquent act. Payment of a monetary assessment. 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. Data on dispositions to Standard Probation and JIPS include juveniles who are placed or continued on Standard Probation and JIPS during this fiscal year. 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. 38 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY08 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). 39 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY08 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. 40 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY08 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. 41 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.