Juveniles Processed in the Arizona Court System FY 2009 JULY 1, 2008 - JUNE 30, 2009 ADMINISTRATIVE OFFICE OF THE COURTS JUVENILE JUSTICE SERVICES DIVISION Research & Information Unit | Suite 337 | 602.452.3297 This Report Produced and Published By Administrative Office of the Courts Juvenile Justice Services Division Chad Campbell, Director Amy Stuart, Program Manager David Redpath, Researcher Jeanne Brandner, SPEP Specialist Ignacio Soto, Business Analyst 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, FY09 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, FY09 LIST OF TABLES & GRAPHS Introduction & Trends Juvenile Justice Flow Chart ........................................................................................... 3 Arizona Juvenile Court Activity FY09 .............................................................................. 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 - 2009 ........................................................... 5 Referrals, Petitions Filed, Juveniles Referred and Petitioned, FY 2002 - 2009 ................... 5 Pathways for Juveniles Transferred and/or Direct Filed in Adult Court: FY 2002 - 2009..... 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 Graph: Five Year Trend .............................................................................................. 15 ii 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 2005 – FY 2009 .......................................... 26 10.1 Commitments FY09 ............................................................................................ 26 10.2 Commitments FY08 ............................................................................................ 27 10.3 Commitments FY07 ............................................................................................ 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 ......................................... 28 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 FY09 INTRODUCTION & TRENDS This is the sixteenth publication of Juveniles Processed in the Arizona Court System. These 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, July 1, 2008 Maricopa County changed to their new Integrated Court Information System (iCIS). Maricopa County’s data was collected and stored in iCIS this year and extracted on August 30th 2009. 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 2009 (FY09), July 1, 2008-June 30, 2009. 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 and Transferred to Adult Court Special classification of each stage by Gender 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 As juveniles may have entered the system in a previous fiscal year but did not experience processing at a particular stage until this fiscal year, be cognizant of the fact that these data are not following the same juveniles through each stage; rather they are describing the juveniles who experienced a particular stage during FY09. 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 and/or transferred to adult court, at one point during FY09 are included in the reporting. 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 2009, 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 population of juveniles between the ages of 8 to 17 has increased over 20% from FY02 through FY09. 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 Introduction and Trends section of the report is followed by a chart entitled Arizona Juvenile Court Activity FY09 that illustrates selected stages within the juvenile justice system and the number of juveniles processed at each stage. This chart outlines all stages showing 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 or may not have the same disposition, the number of referrals and the number of juveniles at each stage will not be the same. The unduplicated numbers of referrals and petitions on this charts demonstrates the amount of workload generated by these juveniles at each stage. 1 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY09 Graphs are included in this Introduction and Trends section to illustrate trends since FY02. 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 ordered to specific 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 trends and issues. Several reports have also been completed over the past years, including Juveniles Processed FY98 through FY09 and are all available on the Arizona Supreme Court, Juvenile Justice Services Division (JJSD) website at http://www.supreme.state.az.us/jjsd. 2 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY09 3 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY09 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, 2008 to June 30, 2009 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 PROCESSED IN THE ARIZONA COURT SYSTEM IN FY09 5 JUVENILES PROCESSED IN THE ARIZONA SUPERIOR COURT SYSTEM IN FY09 6 JUVENILES REFERRED IN THE ARIZONA COURT SYSTEM IN FY09 JUVENILES REFERRED 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 in subsequent tables. 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 FY09. The juveniles are those for whom a report was submitted to the juvenile court alleging that the youth committed a delinquent act or 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 court. In 2009, there were estimated 1,002,295 juveniles ages 8 to 17 in Arizona. From July 1, 2008 to June 31, 2009, 4.6% of these juveniles (45,955) were referred at least once to Arizona’s juvenile courts. This represents about 1 in every 21.7 juveniles. These 45,955 juveniles generated 68,902 referrals at an average of 1.5 referrals per juvenile. Table 1.1 County: Juveniles Referred FY09 Apache 196 0.43% Cochise 1,218 2.65% Coconino 1,274 2.77% Gila 691 Graham 385 0.84% Greenlee 65 0.14% La Paz Maricopa Mohave Navajo 127 0.28% 24,114 52.47% 1,920 4.18% 815 1.77% Pima 8,460 18.41% Pinal 2,127 4.63% Santa Cruz 623 1.36% Yavapai 1,630 3.55% Yuma 2,310 5.03% TOTAL 45,955 100.0 Table 1.2 Gender: Juveniles Referred FY09 Male 30,339 66.01% Female 15,616 33.98% TOTAL 45,955 100.0 Table 1.3 Age: Juveniles Referred FY09 8 151 0.33% 9 260 0.57% 10 486 1.06% 11 856 1.86% 12 1,888 4.11% 13 3,671 7.99% 14 6,234 13.57% 15 8,878 19.32% 16 10,700 23.28% 17 12,492 27.18% 339 0.74% Unknown TOTAL 7 1.50% 45,955 100.0 JUVENILES REFERRED IN THE ARIZONA COURT SYSTEM IN FY09 Table 1.4 Ethnicity: Juveniles Referred FY09 Hispanic African American 18,511 40.28% 3,870 8.42% 20,110 43.76% 2,330 5.07% Asian/Pacific Islander 331 0.72% Other 136 0.30% Unknown 667 1.45% Anglo Native American TOTAL 45,955 100.0 Table 1.7 Severity of Most Serious Offense: Juveniles Referred FY09 Felonies Against Person 2,378 5.17% Felonies Against Property 4,219 9.18% Obstruction of Justice: Felony & Misdemeanor 3,654 Misdemeanors Against Person 4,105 8.93% Drugs: Felony & Misdemeanor 5,384 11.72% Public Peace: Felony & Misdemeanor 11,537 25.10% Misdemeanors Against Property 7,639 16.62% Status Offenses 6,718 14.62% 321 0.70% Administrative Table 1.5 Education Status: Juveniles Referred FY09 Enrolled 31,853 69.31% Not Enrolled 2,516 5.47% Expelled 144 0.31% Suspended 176 0.38% Withdrawn 287 0.62% Graduated 298 0.65% GED Program 47 0.10% Unknown 10,634 23.14% TOTAL 45,955 100.0 Table 1.6 Number of Prior Referrals: Juveniles Referred FY09 0 22,889 49.81% 1 8,542 18.59% 2 4,367 9.50% 3 2,646 5.76% 4 1,843 4.01% 5 1,281 2.79% 6 995 2.17% 7 709 1.54% 8 or more 2,683 5.84% TOTAL 45,955 7.95% TOTAL 45,955 100.0 Table 1.8 Offense Class of Most Serious Offense: Juveniles Referred FY09 Felony 13,702 29.82% Misdemeanor 23,407 50.93% Violations of Probation & Ordinances 1,807 3.93% Status 6,718 14.62% Other 321 0.70% TOTAL 45,955 100.0 100.0 For FY02 through FY09 data, refer to the graphs on page 5. 8 JUVENILES REFERRED IN THE ARIZONA COURT SYSTEM IN FY09 Table 1.9 Top Ten Referral Categories FY09 Shoplifting - Misd 7,308 Probation Violation 6,362 9.23% Runaway 4,556 6.61% Curfew 4,131 6.00% Alcohol 3,980 5.78% Marijuana Possession 3,296 4.78% Truancy 3,275 4.75% Drug Paraphernalia 2,362 3.43% 10.61% Disorderly Conduct 2,326 3.38% Assault – Simple 2,100 3.05% TOTAL TOP TEN REFERRALS 32,388 47.01% TOTAL ALL REFERRALS 68,902 100.0% FY2005 FY2006 FY2007 FY2008 Probation Violation 7,099 Probation Violation 6,169 Probation Violation 7,055 Probation Violation 6,628 Shoplifting – Misd 6,266 Truancy Truancy 5,947 5,505 Shoplifting - Misd 6,323 Truancy Shoplifting – Misd 4,984 Shoplifting – Misd 5,136 Truancy Runaway Curfew Runaway Runaway 4,103 Marijuana Possession 4,556 Curfew 3,656 Curfew 3,539 Alcohol 4,136 Marijuana Possession 3,881 Alcohol 3,704 Alcohol 4,242 Curfew 3,952 Marijuana Possession 4,394 4,206 Runaway 3,746 Alcohol 3,259 Marijuana Possession 3,276 3,348 Assault – Simple 2,635 Assault – Simple 2,550 Assault -Simple Disorderly Conduct 2,459 Assault – Domestic Violence 1,946 3,366 3,108 2,403 Drug Paraphernalia 2,492 Disorderly Conduct 2,504 Disorderly Conduct 2,243 Disorderly Conduct 2,373 Assault – Domestic Violence 2,017 Assault – Domestic Violence 1,792 Assault-Simple Cells indicate the number of Referrals for each offense. 9 Over the past five years, there has been one change in the categories of the top ten offenses, last year and again this year, drug paraphernalia replaces assault – domestic violence in the top ten offenses list. Explanations of the categories can be found in the Notes section.4 Table 1.10 Top Ten Referral Categories for Previous Fiscal Years 5,493 In FY09, shopliftingmisdemeanor was the most common referral, followed closely by probation violation. This suggests that Arizona’s juvenile probation departments are holding juveniles accountable. 2,064 This page intentionally left blank. JUVENILES DETAINED IN THE ARIZONA COURT SYSTEM IN FY09 JUVENILES DETAINED 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. 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 shows the distribution of youth across the counties in Arizona. Demographic and offense specific information are also presented in subsequent tables. Table 2.1 County: Juveniles Detained FY09 Apache 112 1.06% 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/or the safety of the community. Responsibility for maintaining a juvenile detention center that is separate from an adult jail or lockup is vested with the counties. 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. These juveniles appear in their county’s data as 10 263 2.48% Coconino 237 2.24% Gila 230 2.17% Graham 128 1.21% Greenlee 22 0.21% La Paz 8 0.08% 5329 50.33% Mohave 416 3.93% Navajo 237 2.24% Pima 1212 11.45% Pinal 766 7.23% Santa Cruz 206 1.95% Yavapai 574 5.42% Yuma 849 8.02% TOTAL 10,589 Maricopa Juvenile detention provides a range of services which support the juvenile's physical, emotional, educational and social development. Supportive services minimally include: education, recreation, nutrition, medical and health services, 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 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. Cochise 100.0 In FY09, 10,589 juveniles were detained at least once. Only 6,931 (65.4%) 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. • • The 6,931 juveniles that were detained on a referral (physical referral) represent 15.1% of the juveniles referred to the juvenile court in FY09. Over the past few years, juveniles detained have decreased from a high of 13,660 in FY 2002 to 10,589 this year in spite of increased populations. Table 2.2 Gender: Juveniles Detained FY09 Male 8,280 78.19% Female 2,309 21.81% 10,589 100.0 TOTAL JUVENILES DETAINED IN THE ARIZONA COURT SYSTEM IN FY09 Table 2.3 Age: Juveniles Detained FY09 8 4 0.04% 9 14 0.13% 10 28 0.26% 11 84 0.79% 12 219 2.07% 13 527 4.98% 14 1,183 11.17% 15 1,975 18.65% 16 2,724 25.72% 17 3,764 35.55% 67 0.63% Unknown TOTAL 10,589 100.0 Hispanic 4,793 45.26% African American 1,144 10.80% Anglo 3,812 36.00% 677 6.39% Asian/Pacific Islander 67 0.63% Other 28 0.26% Unknown 68 0.64% TOTAL 10,589 Felonies Against Property 1,451 20.93% Obstruction of Justice: Felony & Misdemeanor 1,343 19.38% Misdemeanors Against Person 816 11.77% Drugs: Felony & Misdemeanor 698 10.07% Public Peace: Felony & Misdemeanor 912 13.16% Misdemeanors Against Property 317 4.57% Status Offenses 69 1.00% Administrative 88 1.27% TOTAL 100.0 Expelled 59 0.56% Suspended 74 0.70% Withdrawn 98 0.93% Graduated 38 0.36% GED Program 26 0.25% 5,831 55.07% TOTAL 10,589 3,874 55.89% Misdemeanor 2,028 29.26% 907 13.09% Status 67 0.97% Other 55 0.79% TOTAL 6,931 Violations of Probation & Ordinances 100.0 Table 2.6 Number of Prior Referrals: Juveniles Detained FY09 0 1,604 23.14% 1 1,008 14.54% 2 811 11.70% 3 642 9.26% 4 507 7.31% 5 424 6.12% 6 364 5.25% 7 309 4.46% 1,262 18.21% 8 or more TOTAL 6,931 100.0 Felony Table 2.5 Education Status: Juveniles Detained FY09 Enrolled 3,654 34.51% Not Enrolled 809 7.64% Unknown 6,931 Table 2.8 Offense Class of Most Serious Offense: Juveniles Detained FY09 Table 2.4 Ethnicity: Juveniles Detained FY09 Native American Table 2.7 Severity of Most Serious Offense: Juveniles Detained FY09 Felonies Against Person 1,237 17.85% 100.0 11 100.0 JUVENILES DIVERTED IN THE ARIZONA COURT SYSTEM IN FY09 JUVENILES DIVERTED 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 on subsequent tables. Table 3.1 County: Juveniles Diverted FY09 Apache 63 0.29% Cochise 775 3.63% Coconino 571 2.67% Gila 291 1.36% Graham 127 0.59% Greenlee 11 0.05% 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 youth. 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 FY09, there were 21,359 juveniles diverted in Arizona’s juvenile justice system. Over that last five years, the number of juveniles having referrals diverted has remained fairly stable, however the number of juveniles referred has declined so percentage of the actual juveniles referred who are diverted has increased from a low of 39.5% in FY 07 to a high of 46.4% in FY 09. This trend line of actual juveniles referred over the last five years is visually displayed at the bottom right of the next page (page 13). We would expect diverted juveniles to have less serious offenses and little or no prior referrals. Of the juveniles diverted in FY09: • • 66.2% had no prior referrals. 64.5% had a misdemeanor as the most serious offense. 12 46 0.22% 11,192 52.40% Mohave 885 4.14% Navajo 120 0.56% Pima 4,554 21.32% Pinal 663 3.10% Santa Cruz 195 0.91% Yavapai 933 4.37% Yuma 933 4.37% TOTAL 21,359 Maricopa 100.0 Table 3.2 Gender: Juveniles Diverted FY09 Male 12,768 59.78% Female 8,591 40.22% TOTAL 21,359 100.0 Table 3.3 Age: Juveniles Diverted FY09 8 81 0.38% 9 144 0.67% 10 268 1.25% 11 496 2.32% 12 1,091 5.11% 13 2,151 10.07% 14 3,462 16.21% 15 4,548 21.29% 16 4,768 22.32% 17 4,325 20.25% 25 0.12% Unknown TOTAL 21,359 100.0 JUVENILES DIVERTED IN THE ARIZONA COURT SYSTEM IN FY09 Table 3.4 Ethnicity: Juveniles Diverted FY09 Hispanic 8,628 40.40% African American 1,619 7.58% Anglo 9,670 45.27% Native American 883 4.13% Asian/Pacific Islander 198 0.93% Other Unknown TOTAL 57 0.27% 304 1.42% 21,359 100.0 Table 3.7 Severity of Most Serious Offense: Juveniles Diverted FY09 Felonies Against Person 190 0.89% Felonies Against Property Obstruction of Justice: Felony & Misdemeanor Enrolled 15,019 70.32% 512 2.40% Expelled 23 0.11% Suspended 46 0.22% Withdrawn 40 0.19% Graduated 59 0.28% 5 0.02% 5,655 26.48% Not Enrolled GED Program Unknown TOTAL 21,359 100.0 Table 3.6 Number of Prior Referrals: Juveniles Diverted FY09 0 14,155 66.27% 1 4,407 20.63% 2 1,469 6.88% 3 530 2.48% 4 268 1.25% 5 165 0.77% 6 92 0.43% 60 0.28% 213 1.00% 7 8 or more TOTAL 21,359 3.29% 126 0.59% Misdemeanors Against Person 2,086 9.77% Drugs: Felony & Misdemeanor 2,357 11.04% Public Peace: Felony & Misdemeanor 5,948 27.85% Misdemeanors Against Property 5,932 27.77% Status Offenses 3,976 18.62% 41 0.19% Administrative Table 3.5 Education Status: Juveniles Diverted FY09 703 TOTAL 21,359 100.0 Table 3.8 Offense Class of Most Serious Offense: Juveniles Diverted FY09 Felony 3,442 16.11% 13,768 64.46% 132 0.62% Status 3,976 18.62% Other 36 0.17% 5 0.02% Misdemeanor Violations of Probation & Ordinances Invalid Complaint TOTAL 100.0 13 21,359 100.0 JUVENILES WITH PETITIONS FILED IN THE ARIZONA COURT SYSTEM IN FY09 PETITIONS FILED 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 in the subsequent tables. A petition is a legal document filed in the juvenile court alleging that a referred juvenile is delinquent, incorrigible, or dependent and requests 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, runaway 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 16,945 juveniles with a petition filed during FY09. This is a slight decrease from FY08. 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 5 years, the percentage of actual juveniles referred who are petitioned, ranges from 36.1% to 39.0%, with the low of 36.1% occurring in both FY 07 and again this year, FY 09. Thus, the relative rate or petition is rather stable. 14 Although, the average age of juveniles receiving a petition is 15.3, almost 3 out of 4 (75.1%) are between 15 and 17 years of age. Table 4.1 County: Petitions Filed FY09 Apache 101 0.60% Cochise 329 1.94% Coconino 516 3.05% Gila 231 1.36% Graham 239 1.41% Greenlee 38 0.22% La Paz 31 0.18% 8,673 51.18% Mohave 630 3.72% Navajo 492 2.90% Pima 2,435 14.37% Pinal 1,070 6.31% Santa Cruz 331 1.95% Yavapai 734 4.33% Yuma 1,095 6.46% TOTAL 16,945 Maricopa 100.0 Table 4.2 Gender: Petitions Filed FY09 Male 12,857 75.88% Female 24.12% TOTAL 4,088 16,945 Table 4.3 Age: Petitions Filed FY09 8 15 100.0 0.09% 9 43 0.25% 10 129 0.76% 11 238 1.40% 12 544 3.21% 13 1,114 6.57% 14 2,111 12.46% 15 3,311 19.54% 16 4,330 25.55% 17 5,084 30.00% 26 0.15% Unknown TOTAL 16,945 100.0 JUVENILES WITH PETITIONS FILED IN THE ARIZONA COURT SYSTEM IN FY09 Table 4.4 Ethnicity: Petitions Filed FY09 Hispanic 7,235 42.70% African American 1,713 10.11% Anglo 6,689 39.47% Native American 1,041 6.14% 101 0.60% Asian/Pacific Islander Other Unknown TOTAL 52 114 16,945 0.31% 0.67% 100.0 Table 4.5 Education Status: Petitions Filed FY09 Enrolled 9,115 53.79% Not Enrolled 1,573 9.28% Expelled 91 0.54% Suspended 137 0.81% Withdrawn 209 1.23% Graduated 107 0.63% 31 0.18% 5,682 GED Program Unknown TOTAL 16,945 8.66% 2,876 16.97% Obstruction of Justice: Felony & Misdemeanor 3,611 21.31% Misdemeanors Against Person 1,738 10.26% Drugs: Felony & Misdemeanor 2,210 13.04% Public Peace: Felony & Misdemeanor 2,744 16.19% Misdemeanors Against Property 1,871 11.04% Status Offenses 399 2.35% Administrative 28 0.17% TOTAL 16,945 100.0 Table 4.8 Offense Class of Most Serious Offense: Petitions Filed FY09 44.44% 33.53% Misdemeanor 7,075 41.75% 100.0 Violations of Probation & Ordinances 1,913 11.29% Status 399 2.35% Other 28 0.17% 25.80% 2,861 17.31% 2 2,316 13.84% 3 1,765 10.25% 4 1,302 7.81% 5 907 6.00% 6 782 4.12% 7 547 3.36% 1,986 11.51% 16,945 1,468 Felonies Against Property 7,530 1 TOTAL Felonies Against Person Felony Table 4.6 Number of Prior Referrals: Petitions Filed FY09 0 4,479 8 or more Table 4.7 Severity of Most Serious Offense: Petitions Filed FY09 TOTAL 16,945 100.0 100.0 For FY02 through FY09 data, refer to the graphs on page 5. 15 JUVENILES WITH DISPOSITIONS OF DISMISSED IN THE ARIZONA COURT SYSTEM IN FY09 JUVENILES DISMISSED 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 shows the distribution of youth across the counties in Arizona. Demographic and offense specific information are also presented in subsequent tables. Referrals and petitions against juveniles can be dismissed. Dismissal means that further consideration or hearings regarding the charge are discontinued or discharged, and no formal action is 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 another 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 unavailable. 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. last 5 years the total number dismissed has decreased slightly as has the number of juveniles referred, thus the percentage of juveniles referred receiving a disposition of dismissed has remained stable. Table 5.1 County: Disposition of Dismissed FY09 Apache 60 0.87% Cochise 101 1.47% Coconino 206 3.00% Gila 57 0.83% Graham 62 0.90% Greenlee 13 0.19% La Paz 16 0.23% 3,663 53.29% Maricopa Mohave 233 3.39% Navajo 180 2.62% Pima 1,177 17.12% Pinal 448 6.52% Santa Cruz 136 1.98% Yavapai 182 2.65% Yuma 340 4.95% TOTAL 6,874 Table 5.2 Gender: Disposition of Dismissed FY09 Male 4,932 71.75% Female 1,942 28.25% TOTAL 6,874 100.0 Table 5.3 Age: Disposition of Dismissed FY09 8 4 0.06% 9 23 0.33% 10 70 1.02% 11 107 1.56% 12 198 2.88% 13 435 6.33% 14 737 10.72% 15 1,226 17.84% 16 1,537 22.36% 17 2,083 30.30% 454 6.60% Unknown TOTAL In FY09 we see 14.9% of all juveniles referred had a complaint dismissed. Over the 16 100.0 6,874 100.0 JUVENILES DISMISSED IN THE ARIZONA COURT SYSTEM IN FY09 Table 5.7 Severity of Most Serious Offense: Disposition of Dismissed FY09 Table 5.4 Ethnicity: Disposition of Dismissed FY09 Hispanic 2,562 37.27% African American 704 10.24% Anglo Native American Asian/Pacific Islander Other Unknown TOTAL Table 5.5 Education Status: Disposition of Dismissed FY09 Enrolled 6.08% Obstruction of Justice: Felony & Misdemeanor 1,122 16.32% 0.60% Misdemeanors Against Person 733 10.66% Drugs: Felony & Misdemeanor 586 8.52% 1,933 28.12% Misdemeanors Against Property 933 13.57% Status Offenses 650 9.46% Administrative 14 0.20% 41 20 0.29% 74 1.08% 6,874 Public Peace: Felony & Misdemeanor 100.0 TOTAL 9.06% Expelled 33 0.48% Suspended 40 0.58% Withdrawn 69 1.00% Graduated 42 0.61% GED Program 14 0.20% 2,531 36.82% 6,874 100.0 Table 5.6 Number of Prior Referrals: Disposition of Dismissed FY09 0 2,134 31.04% 1 1,257 18.29% 2 913 13.28% 3 615 8.95% 4 461 6.71% 5 319 4.64% 6 254 3.70% 7 212 3.08% 8 or more 709 10.31% TOTAL 8.79% 44.44% 51.24% TOTAL 4.35% 604 418 623 Unknown 299 Felonies Against Property 3,055 3,522 Not Enrolled Felonies Against Person 6,874 6,874 100.0 Table 5.8 Offense Class of Most Serious Offense: Disposition of Dismissed FY09 Felony Misdemeanor Violations of Probation & Ordinances 17 3,593 941 24.47% 52.27% 13.69% 650 9.46% Other 8 0.12% TOTAL 6,874 Status 100.0 1,682 100.0 JUVENILES WITH DISPOSITION OF PENALTY ONLY IN THE ARIZONA COURT SYSTEM IN FY09 PENALTY ONLY 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 in subsequent tables. Adjudicated juveniles may receive a disposition of penalty only. Penalties may include but are not limited to fines, community service work, and/or participation in various treatment programs. Juveniles with dispositions of penalty only are not assigned to a diversion program, nor are they placed on Standard Probation, JIPS, or committed to the ADJC. Dispositions of penalty only have increased over the past year by 10.8%. Over the last five years dispositions of penalty only have remained fairly stable. Table 6.1 County: Disposition of Penalty Only FY09 Apache 3 0.75% Cochise 6.73% 27 Coconino 28 6.98% Gila 13 3.24% Graham 8 2.00% Greenlee 0 0.00% La Paz 0 0.00% 186 46.38% Mohave 0 0.00% Navajo 25 6.23% Pima 12 2.99% Pinal 42 10.47% Santa Cruz 22 5.49% Maricopa Yavapai 3 0.75% Yuma 32 7.98% TOTAL 401 100.0 Table 6.2 Gender: Disposition of Penalty Only FY09 Male 294 73.32% Female 107 26.68% TOTAL 401 100.0 Table 6.3 Age: Disposition of Penalty Only FY09 1 8 0.25% 0 9 0.00% 10 1 0.25% 11 0 0.00% 12 5 1.25% 13 8 2.00% 14 25 6.23% 15 41 10.22% 16 68 16.96% 17 227 56.61% 25 6.23% Unknown TOTAL 18 401 100.0 JUVENILES WITH DISPOSITION OF PENALTY ONLY IN THE ARIZONA COURT SYSTEM IN FY09 Table 6.4 Ethnicity: Disposition of Penalty Only FY09 Hispanic 188 46.88% African American Anglo Native American Asian/Pacific Islander Other Unknown TOTAL Table 6.7 Severity of Most Serious Offense: Disposition of Penalty Only FY09 Felonies Against Person 9 2.24% Felonies Against Property 29 7.23% 6.98% Obstruction of Justice: Felony & Misdemeanor 2 0.50% 90 22.44% Misdemeanors Against Person 23 5.74% 2 0.50% Drugs: Felony & Misdemeanor 25 6.23% 151 37.66% Misdemeanors Against Property 39 9.73% Status Offenses 34 8.48% Administrative 1 0.25% 32 7.98% 149 37.16% 28 0 401 Public Peace: Felony & Misdemeanor 0.00% 100.0 Table 6.5 Education Status: Disposition of Penalty Only FY09 Enrolled 166 41.40% Not Enrolled 33 8.23% Expelled 3 0.75% Suspended 1 0.25% Withdrawn 2 0.50% Graduated 9 2.24% GED Program Unknown TOTAL 4 1.00% 183 45.64% 401 TOTAL 26.43% 1 56 13.97% 2 45 11.22% 3 44 10.97% 4 30 7.48% 5 24 5.99% 6 19 4.74% 7 19 4.74% 8 or more 58 14.46% TOTAL 401 100.0 Table 6.8 Offense Class of Most Serious Offense: Disposition of Penalty Only FY09 Felony 77 19.20% 206 51.37% Violations of Probation & Ordinances 83 20.70% Status 34 8.48% Other 1 0.25% TOTAL 401 Misdemeanor 100.0 Table 6.6 Number of Prior Referrals: Disposition of Penalty Only FY09 0 106 401 100.0 19 100.0 JUVENILES WITH DISPOSITION OF STANDARD PROBATION IN THE ARIZONA COURT SYSTEM IN FY09 STANDARD PROBATION The information presented in this section characterizes individual youth (unduplicated). For those youth who were placed or continued on standard 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 in subsequent tables. 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, participation in 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 (continued on next page) 20 Table 7.1 County: Disposition of Standard Probation FY09 Apache 62 0.63% Cochise 133 1.35% Coconino 315 3.21% Gila 125 Graham 168 1.71% Greenlee 30 0.31% La Paz 1.27% 20 0.20% 5,647 57.50% Mohave 252 2.57% Navajo 277 2.82% Pima 1,350 13.75% Pinal 429 4.37% Santa Cruz 146 1.49% Yavapai 356 3.62% Yuma 511 5.20% TOTAL 9,821 Maricopa 100.0 Table 7.2 Gender: Disposition of Standard Probation FY09 Male 7,506 76.43% Female 2,315 23.57% TOTAL 9,821 100.0 Table 7.3 Age: Disposition of Standard Probation FY09 1 8 0.01% 9 3 0.03% 10 13 0.13% 11 51 0.52% 12 205 2.09% 13 580 5.91% 14 1,172 11.93% 15 1,963 19.99% 16 2,593 26.40% 17 3,228 32.87% 12 0.12% Unknown TOTAL 9,821 100.0 JUVENILES WITH DISPOSITION OF STANDARD PROBATION IN THE ARIZONA COURT SYSTEM IN FY09 the juvenile back to the court. The court may choose to impose more severe liberty restrictions, including detention, placement in the JIPS program or commitment to the ADJC. In FY09, 9,821 juveniles were given a disposition of standard probation. Dispositions to standard probation have decreased by 9.6% since FY02. Over the last five years dispositions of standard probation have been fairly stable. Table 7.4 Ethnicity: Disposition of Standard Probation FY09 Hispanic 4,108 41.83% African American 954 9.71% Anglo Native American Asian/Pacific Islander Other Unknown TOTAL 3,992 40.65% 605 6.16% 58 0.59% 31 0.32% 73 0.74% 9,821 100.0 Table 7.5 Education Status: Disposition of Standard Probation FY09 Enrolled 5,222 53.17% Not Enrolled 1,006 10.24% Expelled 47 0.48% Suspended 94 0.96% Withdrawn 140 1.43% Graduated 80 0.81% 9 0.09% Unknown 3,223 32.82% TOTAL 9,821 100.0 GED Program Table 7.6 Number of Prior Referrals: Disposition of Standard Probation FY09 0 2,401 24.45% 1 1,915 19.50% 2 1,619 16.49% 3 1,200 12.22% 4 826 8.41% 5 520 5.29% 6 378 3.85% 7 261 2.66% 8 or more 701 7.14% TOTAL 9,821 Table 7.7 Severity of Most Serious Offense: Disposition of Standard Probation FY09 Felonies Against Person 822 8.37% Felonies Against Property 1,889 19.23% Obstruction of Justice: Felony & Misdemeanor 1,746 17.78% Misdemeanors Against Person 800 8.15% Drugs: Felony & Misdemeanor 1,573 16.02% Public Peace: Felony & Misdemeanor 1,590 16.19% Misdemeanors Against Property 1,061 10.80% Status Offenses 197 2.01% Administrative 143 1.46% TOTAL 9,821 100.0 Table 7.8 Offense Class of Most Serious Offense: Disposition of Standard Probation FY09 Felony 4,863 49.52% Misdemeanor 3,633 36.99% Violations of Probation & Ordinances 988 10.06% Status 196 2.00% Other 141 1.44% TOTAL 9,821 For FY02 through FY09 data, refer to the graphs on page 5. 100.0 21 100.0 JUVENILES WITH DISPOSITION TO JIPS IN THE ARIZONA COURT SYSTEM IN FY09 JIPS The information presented in this section characterizes individual youth (unduplicated). For those youth who were placed or continued on Intensive Probation more than once during the fiscal year, information from the first instance during the time frame is reported. Table 8.1 County: Disposition to JIPS FY09 Apache 6 0.32% Cochise 90 4.82% Coconino 67 3.58% Gila Table 8.1 shows the distribution of youth across the counties in Arizona. Demographic and offense specific information are also presented in subsequent tables. 31 1.66% Graham 14 0.75% Greenlee 13 0.70% 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 structured programing. 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 at ADJC. Financial considerations weighed heavily in the formation of the program, as JIPS is a less costly alternative than ADJC. 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, random drug testing, 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. Since FY 05, the number of juveniles placed on JIPS has decreased by 14.1%. This decrease compares with a decrease in the number petitions of 5.8% over the same time period. 22 La Paz 4 0.21% 737 39.43% Mohave 96 5.14% Navajo 51 2.73% Pima 198 10.59% Pinal 137 7.33% 33 1.77% Maricopa Santa Cruz Yavapai 119 6.37% Yuma 273 14.61% TOTAL 1,869 100.0 Table 8.2 Gender: Disposition to JIPS FY09 Male 1,622 86.78% Female 247 13.22% TOTAL 1,869 100.0 Table 8.3 Age: Disposition to JIPS FY09 0 8 0.00% 0 9 0.00% 0 10 0.00% 11 6 0.32% 12 19 1.02% 13 73 3.91% 14 182 9.74% 15 349 18.67% 16 576 30.82% 17 660 35.31% 4 0.21% Unknown TOTAL 1,869 100.0 JUVENILES WITH DISPOSITION TO JIPS IN THE ARIZONA COURT SYSTEM IN FY09 Table 8.4 Ethnicity: Disposition to JIPS FY09 Hispanic 936 50.08% African American 187 10.01% Anglo 642 34.35% 87 4.65% 15 Native American Asian/Pacific Islander Other Unknown TOTAL Felonies Against Person 183 9.79% Felonies Against Property 425 22.74% 0.80% Obstruction of Justice: Felony & Misdemeanor 849 45.43% 1 0.05% Misdemeanors Against Person 56 3.00% 1 0.05% Drugs: Felony & Misdemeanor 150 8.03% Public Peace: Felony & Misdemeanor 131 7.01% 53 2.84% 1,869 100.0 Table 8.5 Education Status: Disposition to JIPS FY09 Enrolled 999 53.45% Not Enrolled 317 16.96% Expelled 21 1.12% Suspended 33 1.77% Withdrawn 39 2.09% Graduated 15 0.80% GED Program 11 0.59% 434 Unknown TOTAL 1,869 Misdemeanors Against Property Status Offenses 4 0.21% Administrative 18 0.96% TOTAL 1,869 100.0 Table 8.8 Offense Class of Most Serious Offense: Disposition to JIPS FY09 Felony 956 51.15% Misdemeanor 319 17.07% 23.22% Violations of Probation & Ordinances 573 30.66% 100.0 Status 4 0.21% Other 17 0.91% TOTAL 1,869 Table 8.6 Number of Prior Referrals: Disposition to JIPS FY09 0 78 4.17% 1 103 5.51% 2 155 8.29% 3 192 10.27% 4 224 11.99% 5 202 10.81% 6 173 9.26% 7 156 8.35% 8 or more 586 31.35% 1,869 100.0 TOTAL Table 8.7 Severity of Most Serious Offense: Disposition to JIPS FY09 For FY02 through FY09 data, refer to the graphs on page 5. 23 100.0 JUVENILES WITH DISPOSITIONS TO ADJC IN THE ARIZONA COURT SYSTEM IN FY09 ADJC 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 offense specific information are also presented in subsequent tables. Disposition of a juvenile to the ADJC is governed by statute and the Arizona Code of Judicial Administration. Arizona Revised Statutes §8-342 (A) provides: “A child under the age of 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.6 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 FY09 within each county. In FY09, 848 juveniles received a judicial decision involving commitment to ADJC. This number has shown a consistent decline since a historical high of 1,670 in FY98. Over the last five years commitments to ADJC have ranged from a low of 833 (FY06) to a high of 926 (FY07). Over the last year commitments decreased by 8.2% • 45.2% 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). • 47.3% 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 FY09 Apache 5 0.59% Cochise 17 2.00% Coconino 12 1.42% Gila 7 0.83% Graham 8 0.94% Greenlee 0 0.00% La Paz 1 0.12% 562 66.27% Mohave 35 4.13% Navajo 3 0.35% Pima 80 9.43% Pinal 31 3.66% 5 0.59% Maricopa Santa Cruz Yavapai 21 2.48% Yuma 61 7.19% TOTAL 848 Table 9.2 Age: Disposition to ADJC FY09 8 0 0.00% 9 0 0.00% 10 0 0.00% 11 0 0.00% 12 0 0.00% 13 10 1.18% 14 73 8.61% 15 155 18.28% 16 275 32.43% 17 334 39.39% 1 0.12% Unknown TOTAL 24 100.0 848 100.0 JUVENILES WITH DISPOSITIONS TO ADJC IN THE ARIZONA COURT SYSTEM IN FY09 Table 9.3 Gender: Disposition to ADJC FY09 Male 762 89.86% Female 86 10.14% TOTAL 848 100.0 Table 9.4 Ethnicity: Disposition to ADJC FY09 Hispanic 454 53.54% African American 105 12.38% Anglo 252 29.72% 32 3.77% Asian/Pacific Islander 3 0.35% Other 2 0.24% Unknown 0 0.00% Native American TOTAL 848 100.0 Table 9.5 Education Status: Disposition to ADJC FY09 Enrolled 240 28.30% Not Enrolled 133 15.68% 12 1.42% Suspended 8 0.94% Withdrawn 16 1.89% Graduated 5 0.59% Expelled GED Program 3 0.35% Unknown 431 50.83% TOTAL 848 100.0 Table 9.6 Number of Prior Referrals: Disposition to ADJC FY09 0 35 1 33 Table 9.7 Severity of Most Serious Offense: Disposition to ADJC FY09 Felonies Against Person 129 15.21% Felonies Against Property 140 16.51% Obstruction of Justice: Felony & Misdemeanor 383 45.17% Misdemeanors Against Person 34 4.01% Drugs: Felony & Misdemeanor 62 7.31% Public Peace: Felony & Misdemeanor 73 8.61% Misdemeanors Against Property 27 3.18% TOTAL 848 Table 9.8 Offense Class of Most Serious Offense: Disposition to ADJC FY09 Felony 418 49.29% Misdemeanor 138 16.27% Violations of Probations & Ordinances 292 34.43% TOTAL 848 4.13% 3.89% 2 28 3.30% 3 53 6.25% 4 68 8.02% 5 80 9.43% 6 86 10.14% 7 64 7.55% 8 or more 401 47.29% TOTAL 848 100.0 For FY02 through FY09 data, refer to the graphs on page 5. 100.0 25 100.0 ADJC & AOC COMPARISON ADJC & AOC COMPARISON 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 FY09 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 tables illustrate 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 FY09, 7/1/2008 – 6/30/2009 Never Original Subsequent Arrived Commitment Commitment At ADJC TOTAL Apache 5 0 0 5 Cochise 15 2 0 17 Coconino 11 1 0 12 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 7 0 0 7 Graham 7 1 0 8 Greenlee 0 0 0 0 La Paz 1 0 0 1 412 135 15 562 Mohave 28 7 0 35 Navajo 2 1 0 3 Pima 56 22 2 80 Pinal 27 4 0 31 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 is petitioned in Maricopa County that results in a commitment. The juvenile is Santa Cruz 5 0 0 5 Yavapai 17 4 0 21 Yuma 54 6 1 61 TOTAL 647 183 18 848 Maricopa (continued on next page) 26 ADJC & AOC COMPARISON counted as a new commitment from the second county due to the JOLTS system recording data on a county basis. 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 FY09. 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). 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 FY09 the number of original commitments is 647. That is 99 fewer original juveniles being committed to ADJC than FY08 representing a 13.3% decrease from the previous fiscal year. Charts for fiscal years 2007 through 2009 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. Table 10.2 Commitments FY08, 7/1/2007– 6/30/2008 Original Commitment Subsequent Commitment Never Arrived At ADJC Apache 7 1 0 8 Cochise 9 4 0 13 15 4 0 19 9 0 0 9 Graham 10 4 0 14 Greenlee 0 1 0 1 Coconino Gila La Paz TOTAL 1 0 0 1 422 124 5 551 Mohave 42 3 0 45 Navajo 3 1 0 4 Pima 83 19 2 104 Pinal 40 3 0 43 8 0 0 8 Yavapai 24 3 0 27 Yuma 73 4 0 77 TOTAL 746 171 7 924 Maricopa Santa Cruz Table 10.3 Commitments FY07, 7/1/2006 – 6/30/2007 Never Original Subsequent Arrived Commitment Commitment At ADJC TOTAL Apache 5 0 0 5 Cochise 17 2 0 19 Coconino 12 4 0 16 5 1 0 6 Graham 16 0 0 16 Greenlee 0 0 0 0 La Paz 2 0 0 2 562 Gila Maricopa 444 114 4 Mohave 55 1 0 56 Navajo 11 0 0 11 Pima 103 25 0 128 Pinal 27 4 0 31 8 0 0 8 Yavapai 25 4 0 29 Yuma 35 2 0 37 TOTAL 765 157 4 926 Santa Cruz 27 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY09 DIRECT FILED & TRANSFERRED 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 FY09 Pathways Number of Juveniles Mandatory 245 Mandatory Prior Conviction 25 Chronic 72 11.78% 224 36.66% 45 7.36% 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 40.10% 4.09% *611 100.0 Table 11.2 County: Direct Filed in and Transferred to Adult Court FY09 Apache 0 0.00% Cochise 1 Coconino 5 0.82% Gila 1 0.16% Graham 0 0.00% Greenlee 1 0.16% La Paz 1 0.16% 415 67.92% Mohave 6 0.98% Navajo 0 0.00% Pima 114 18.66% Pinal 18 2.95% Maricopa Santa Cruz Yavapai Yuma TOTAL 0.16% 4 0.65% 12 1.96% 33 *611 5.40% 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 FY09 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 FY99 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 in subsequent tables. 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 14 year old juveniles accused of the offenses enumerated above. Criminal prosecution may also be brought against juveniles 14 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 FY04. A gradual increase has taken place over the last 5 years. Table 11.3 County: Juveniles Direct Filed in Adult Court FY09 Apache 0 0.00% Cochise 0 0.00% Coconino 5 0.88% Gila 1 0.18% Graham 0 0.00% Greenlee 0 0.00% La Paz 0 0.00% 393 69.43% Mohave 4 0.71% Navajo 0 0.00% Pima 112 19.79% Pinal Maricopa 18 3.18% Santa Cruz 4 0.71% Yavapai 0 0.00% Yuma 29 5.12% TOTAL 566 100.0 Table 11.4 Gender: Juveniles Direct Filed FY09 Male 525 92.76% Female 41 7.24% TOTAL 566 100.0 Table 11.5 Age: Juveniles Direct Filed FY09 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 14 2.47% 15 59 10.42% 16 157 27.74% 17 328 57.95% 8 1.41% Unknown TOTAL 566 100.0 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY09 Table 11.6 Ethnicity: Juveniles Direct Filed FY09 Hispanic 334 59.01% African American 100 17.67% Anglo 102 18.02% 17 3.00% 3 Native American Asian/Pacific Islander Other Unknown TOTAL Table 11.9 Severity of Most Serious Offense: Juveniles Direct Filed FY09 Felonies Against Person 368 65.02% Felonies Against Property 123 21.73% 0.53% Obstruction of Justice: Felony & Misdemeanor 1 0.18% 1 0.18% Misdemeanors Against Person 3 0.53% 9 1.59% Drugs: Felony & Misdemeanor 38 6.71% Public Peace: Felony & Misdemeanor 28 4.95% 5 0.88% 566 Misdemeanors Against Property 100.0 TOTAL Table 11.7 Education Status: Juveniles Direct Filed FY09 Enrolled 140 24.73% Not Enrolled 84 14.84% Expelled 3 0.53% Suspended 3 0.53% Withdrawn 7 1.24% Graduated 3 0.53% GED Program 2 0.35% Unknown 324 57.24% TOTAL 566 Table 11.8 Number of Prior Referrals: Juveniles Direct Filed FY09 0 91 12.19% 2 57 10.07% 3 55 9.72% 4 46 8.13% 5 42 7.42% 6 39 6.89% 7 23 4.06% 144 25.44% 566 554 97.88% 12 2.12% Table 11.10 Offense Class of Most Serious Offense: Juveniles Direct Filed FY09 Felony Misdemeanor TOTAL 566 16.08% 69 TOTAL 100.0 100.0 1 8 or more 566 100.0 For FY02 through FY09 data, refer to the graphs on page 5. 30 100.0 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY09 TRANSFERRED TO ADULT COURT Prior to FY97 and the passage of Proposition 102, the sole pathway to adult court for juveniles was through the judicial transfer process. The implementation of Senate Bill 1446 initiated the shift from judicial transfers to direct filing in adult court by the county attorney as the primary pathway to adult court. SB 1446 also changed A.R.S. §8-327 which details the process for transferring juveniles to adult court. These provisions were effective July 21, 1997, shortly after the beginning of FY98. An order to transfer a juvenile is based on findings of a preponderance of evidence of probable cause that: the offense was committed, the juvenile committed the offense, and a transfer would best serve public safety. The determination of whether public safety would be served is based on the following factors as stated in A.R.S. §8-327 D: 1. The seriousness of the offense involved; 2. The record and previous history of the juvenile, including previous contacts with the courts and law enforcement, previous periods of any court ordered probation and the results of that probation; 3. Any previous commitments of the juvenile to juvenile residential placements and secure institutions; 4. If the juvenile was previously committed to the Department of Juvenile Corrections for a felony offense; 5. If the juvenile committed another felony offense while the juvenile was a ward of the department of juvenile corrections; 6. If the juvenile committed the alleged offense while participating in, assisting, promoting or furthering the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise; 7. The views of the victim of the offense; 8. If the degree of the juvenile’s participation in the offense was relatively minor but not so minor as to constitute a defense to prosecution; 9. The juvenile’s mental and emotional condition; 10. The likelihood of the juvenile’s reasonable rehabilitation through the use of services and facilities that are currently available to the juvenile court. 31 Table 11.11 County: Juveniles Transferred to Adult Court FY09 Apache 0 0.00% Cochise 1 2.22% Coconino 0 0.00% Gila 0 0.00% Graham 0 0.00% Greenlee 1 2.22% La Paz 1 2.22% 22 48.89% Mohave 2 4.44% Navajo 0 0.00% Pima 2 4.44% Pinal 0 0.00% Maricopa Santa Cruz 0 0.00% 12 26.67% Yuma 4 8.89% TOTAL 45 Yavapai 100.0 In FY09 transfers have declined 18.2% from FY08 which is a consistent trend over the last 5 years. Overall, the direct filing process accounts for approximately 9.2 out of every 10 juveniles being prosecuted in adult court. Table 11.12 Age: Juveniles Transferred FY09 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 1 2.22% 15 1 2.22% 16 2 4.44% 17 40 88.89% 1 2.22% Unknown TOTAL 45 100.0 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY09 Table 11.13 Gender: Juveniles Transferred FY09 Male 42 93.33% Table 11.17 Severity of Most Serious Offense: Juveniles Transferred FY09 Female Felonies Against Person 14 31.11% Felonies Against Property 16 35.56% TOTAL 3 45 6.67% 100.0 Obstruction of Justice: Felony & Misdemeanor 2 4.44% Misdemeanors Against Person Table 11.14 Ethnicity: Juveniles Transferred FY09 Hispanic 21 46.67% 0 0.00% Drugs: Felony & Misdemeanor 3 6.67% African American Public Peace: Felony & Misdemeanor 9 20.00% Anglo Native American Asian/Pacific Islander Other Unknown TOTAL 6 13.33% Misdemeanors Against Property 16 35.56% 1 2.22% Status Offenses 2 4.44% 0 0.00% Citations/Administrative 0 0.00% 0 0.00% 0 0.00% 0 0.00% 45 Table 11.15 Education Status: Juveniles Transferred FY09 Enrolled 12 Not Enrolled 5 Felony 26.67% 11.11% 1 2.22% Suspended 1 2.22% Withdrawn 0 0.00% Graduated 0 0.00% 2 4.44% Unknown 24 53.33% TOTAL 45 100.0 Table 11.16 Number of Prior Referrals: Juveniles Transferred FY09 0 7 15.56% 1 3 6.67% 2 2 4.44% 3 2 4.44% 4 5 11.11% 5 2 4.44% 6 2 4.44% 7 6 13.33% 16 35.56% 8 or more TOTAL 45 45 100.0 Table 11.18 Offense Class of Most Serious Offense: Juveniles Transferred FY09 100.0 Expelled GED Program TOTAL 43 95.56% Misdemeanor 2 4.44% Administrative 0 0.00% TOTAL 45 For FY02 through FY09 data, refer to the graphs on page 5. 100.0 32 100.0 This page intentionally left blank. GENDER FY09 GENDER JUVENILES REFERRED IN FY09 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 FY09 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 males and females in Arizona’s juvenile justice system. Information is provided on referrals, age at first referral, offense severity, and proportions of males and females at each stage in the juvenile justice system, and treatment received in FY09. 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), females’ arrests have been increasing in most categories faster than males’ arrests. In Arizona, the proportions have held fairly constant over the last 5 years. Traditionally, males have been seen as committing more delinquent and serious offenses than females. The proportions of males and females in the Arizona juvenile justice system confirm this view. The following charts indicate that males continue to account for a large proportion of offenses. 33 Female Male Referral 33.98% 66.01% Detention 21.81% 78.19% Diversion 40.22% 59.77% Petitioned 24.12% 75.87% Dismissed 28.25% 71.75% Penalty Only 26.68% 73.32% Standard Probation 23.57% 76.42% JIPS 13.22% 86.78% ADJC 10.18% 89.82% Direct Filed 7.24% 92.76% Transferred 6.67% 93.33% GENDER FY09 Average Age For the juveniles referred in FY09, females entered the juvenile justice system for the first time at the same age as males (average age of 14.3 for females compared to 14 for males). This is consistent for several years. Table 12.2 Average Age at First Referral FY09 Age # Female 14.34 15,616 Male 14.02 30,339 TOTAL Offense Severity and Type Females and males differ in the distribution of their referral offenses. Three offense categories make up more than two-thirds of female referrals: public peace (24.7%); status (21.6%); and misdemeanors against property (24.3%). On the other hand, apart from public peace offenses (25.7%), males’ referral offenses are more equally distributed across severity categories. Misdemeanors make up the largest proportion of offenses for both males and females. Over the last five years, however, felonies have consistently made up a greater percentage of the total referral offenses for males than for females. Since FY05 the proportion of both gender’s felonies have remained fairly stable. The female proportions have a range from 15.6% in FY09 to 18.1% in FY05, while male proportions have a range from 35.1% in FY05 to 37.5% in FY08. 45,955 Table 12.3 Severity of Most Serious Referral Offense: Percentage By Gender FY09 Female Male Felonies Against Person 2.2% 6.7% Felonies Against Property 3.9% 11.9% Obstruction of Justice: Fel. & Misd. 5.6% 9.1% Misdemeanors Against Person 9.6% 8.6% Drugs: Fel. & Misd. 7.4% 14.0% Public Peace: Fel. & Misd. 24.7% 25.3% Misdemeanors Against Property 24.3% 12.7% Status Offenses 21.6% 11.0% Administrative 0.7% 0.7% TOTAL 100.0 100.0 Table 12.4 Offense Type of Most Serious Referral Offense: Percentage By Gender FY2005 to FY2009 Female Male Felony 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%) 2009 2,436 (15.6%) 11,279 (37.1%) 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%) 2009 9290 (59.4%) 14,177 (46.6%) Misdemeanor 34 GENDER FY09 Treatment Received Table 12.5 Juveniles Referred in FY09 Who Received Treatment (Tx) in FY09 Total Rec’d Tx Referred Female Male TOTAL % 15,616 3,514 22.5% 30,339 8,670 28.5% 45,955 12,184 26.5% Table 12.6 FY09 Treatment Expenditures by Category Percentage of Total Dollars Spent % Female % Male Ancillary Services 3.5% 5.3% Behavioral Support Service 0.5% 0.8% Competency Restoration 0.9% 1.2% Delinquency Prevention 11.4% 5.0% Evaluation and Diagnosis 7.8% 9.3% Foster Home 0.3% 0.0% Functional Family Therapy 0.8% 0.5% Out-of-Home 57.7% 39.9% Outpatient 7.5% 7.7% R.A.F.T. 0.1% 0.1% Sex Offender 3.1% 22.8% Substance Abuse 6.4% 7.6% 100.0% 100.0% $2,576,794.16 $9,271,598.10 TOTAL TOTAL EXPENDITURE 35 Of the 15,616 females referred in FY09, 22.5% received treatment services during the year compared to 28.5% of the males. On average, $733.29 was spent on treatment for females and $1,069.38 was spent on males through the Juveniles Probation Services Fund (JPSF). The largest allocation of treatment monies for both males (39.9%) and females (57.7%) was for “out of home” services (residential, group homes, detention alternatives, etc.). The second largest amount of money spent on males was for sex offender treatment (22.8%) and for females it was delinquency prevention (11.4%). This page intentionally left blank. JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY09 NOTES JUVENILES PROCESSED FY09 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 FY09” and “County: Direct Filed and Transferred to Adult Court FY09". 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. 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 FY09 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 juveniles who have been charged with possession of drug paraphernalia. f. Marijuana Possession offenses involve felony and misdemeanor possession and attempted possession of marijuana. g. Probation Violations refer to acts by a probationer (i.e., curfew violations, failure to attend school) contrary to his or her conditions or terms of probation. A petition to revoke or modify probation may be filed as a result. In some cases, a petition to revoke or modify probation is filed in conjunction with a new offense. The probation violation becomes the most serious offense when the new offense is dismissed by the county attorney or judicial officer. h. Runaway offenses involve juveniles who have either runaway from home or attempted to runaway. i. Shoplift-Misdemeanor offenses involve attempted, facilitated, and solicited shoplifting of any amount and shoplifting of less than $250. j. Truancy offenses occur when a school files a referral based on unexcused absences. 5. Statutory requirements for diversion based on A.R.S. §8-321: 1. 2. 3. The county attorney decides which juveniles accused of committing an incorrigible or delinquent act to divert to a community based alternative program operated by the county attorney or to a diversion program administered by the Juvenile Court. A juvenile identified as a chronic or violent offender, or who is alleged to have violated A.R.S. §28-1281, §28-1382, §28-1383 (DUI) or violated Title 13, Chapter 34 (Purchase, possession, or consumption of alcohol/drugs) and the juvenile has previously participated in a community based alternative program or a diversion program or a diversion program administered by the juvenile court at least two times within twenty four months is not eligible for diversion. 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 FY09 4. 5. 6. 6. f. Payment of restitution to the victim of the delinquent act. g. 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. 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 FY09 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 FY09 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 FY09 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.