Juveniles Processed in the Arizona Court System FY 2010 JULY 1, 2009 - JUNE 30, 2010 ADMINISTRATIVE OFFICE OF THE COURTS JUVENILE JUSTICE SERVICES DIVISION Research & Information Unit | Suite 337 | 602.452.3443 This Report Produced and Published By Administrative Office of the Courts Juvenile Justice Services Division Chad Campbell, Director Amy Stuart, Program Manager David P. Redpath, Researcher Jeanne K. Brandner, SPEP Specialist Margarita Aguilera, Business Analyst Naila Deskins, 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, FY10 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, FY10 LIST OF TABLES & GRAPHS Introduction & Trends Juvenile Justice Flow Chart ........................................................................................... 3 Arizona Juvenile Court Activity FY10 .............................................................................. 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 2003 - 2010 ........................................................... 5 Referrals, Petitions Filed, Juveniles Referred and Petitioned, FY 2003 - 2010 ................... 5 Pathways for Juveniles Transferred and/or Direct Filed in Adult Court: FY 2003 - 2010..... 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 2008 – FY 2010 .......................................... 26 10.1 Commitments FY10 ............................................................................................ 26 10.2 Commitments FY09 ............................................................................................ 27 10.3 Commitments FY08 ............................................................................................ 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 FY10 INTRODUCTION & TRENDS 0B This is the seventeenth publication of Juveniles Processed in the Arizona Court System. The data for this report are extracted each year from fourteen juvenile courts’ Juvenile On-Line Tracking Systems (JOLTS). JOLTS is the automated juvenile court information management system which has been operational statewide for more than seventeen years. After using JOLTS for more than 25 years, July 1, 2008, Maricopa County upgraded to their new Integrated Court Information System (iCIS). Data from both JOLTS and iCIS were extracted on August 28th 2010. 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 2010 (FY10), July 1, 2009 - June 30, 2010. 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 using 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 Be aware that juveniles may have entered the system in a previous fiscal year but did not experience processing at a particular stage until this fiscal year. Data are not following the same juveniles through each stage; rather they are describing the juveniles who experienced a particular stage during FY10. 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 FY10 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 juvenile’s age eight to seventeen years old in Arizona’s population. Throughout 2010, the juvenile population continues 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 decrease in juvenile offense activity in spite of a very large increase in juvenile population. The population of juveniles between the ages of eight to seventeen has increased over 23% from FY03 through FY10. 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 FY10 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 chart demonstrates the amount of workload generated by these juveniles at each stage. Graphs included in the Introduction and Trends section illustrate trends since FY03. The first series of graphs shows data on referrals, juveniles referred, petitions filed and juveniles with petitions 1 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY10 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; however, 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 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 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 FY10 and are all available on the Arizona Supreme Court, Juvenile Justice Services Division (JJSD) website at http://www.azcourts.gov/jjsd. U U 2 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY10 3 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY10 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, 2009 to June 30, 2010 U U 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 FY10 The Number of Juveniles Dispositioned to Probation, Intensive Probation, ADJC and Adult Court - Fiscal Years 2003 - 2010 12,000 10,244 10,524 10,043 10,000 10,066 10,157 10,211 9,821 9,351 8,000 6,000 4,000 2,432 2,265 2,193 2,069 2,023 1,967 1,869 863 833 926 924 848 625 588 2,000 926 0 568 FY03 884 518 FY04 Standard Probation 555 FY05 FY06 Intensive Probation FY07 ADJC 605 FY08 611 FY09 1,568 751 427 FY10 Adult Court Referrals, Petitions Filed and Juveniles Referred and Petitioned Fiscal Years 2003- 2010 90,000 75,027 76,051 75,000 86,617 72,771 72,347 69,976 68,902 60,822 60,000 49,588 49,878 48,436 48,395 48,677 46,749 45,955 45,000 41,040 29,537 31,008 30,066 30,547 30,425 30,555 30,000 15,000 28,336 24,074 17,903 18,799 18,329 18,055 17,958 17,974 FY07 FY08 16,945 14,307 0 FY03 FY04 Referrals FY05 FY06 Juveniles Referred 5 Petitions FY09 Juveniles Petitio ned FY10 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY10 Pathways for Juveniles Transferred and/or Direct Filed in Adult Court Fiscal Years 2002 - 20101 300 263 246 250 200 197 200 245 238 224 179 188 185 187 181 142 150 188 153 152 98 106 100 93 81 78 61 63 50 72 63 40 14 45 28 64 39 27 0 FY03 Transfer FY04 FY05 Mandatory FY06 FY07 Mandatory-Prior 6 72 72 45 55 34 38 FY08 Chronic 25 31 FY09 FY10 Discretionary JUVENILES REFERRED IN THE ARIZONA COURT SYSTEM IN FY10 JUVENILES REFERRED 1B Information presented in this section characterizes individual youth (unduplicated). For those youth who were referred more than once during the fiscal year, information from the first instance in the time frame is reported. Table 1.1 County: Juveniles Referred FY10 Apache 163 0.40% Cochise 1,141 2.78% Coconino 1,000 2.44% 20B Gila 532 1.30% Graham 313 0.76% Greenlee 82 0.20% 154 0.38% 21,546 52.50% 1,638 3.99% Table 1.1 shows the distribution of youth across counties in Arizona. Demographic and offense specific information are presented in subsequent tables. La Paz Maricopa This section on juveniles referred to the Arizona Superior Court system reflects the characteristics of those juveniles, ages eight through seventeen, who came in contact with the system in FY10. The juveniles counted are those who had a report 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 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 2010, there were approximately 1,029,751 juveniles ages eight to seventeen in Arizona. From July 1, 2009 to June 31, 2010, 4.6% of these juveniles (41,040) were referred at least once to Arizona’s juvenile courts. This represents about 1 in every 25.6 juveniles. These 41,040 juveniles generated 60,822 referrals, an average of 1.5 referrals per juvenile. Mohave Navajo 789 1.92% Pima 7,686 18.73% Pinal 1,851 4.51% Santa Cruz 607 1.48% Yavapai 1,595 3.89% Yuma 1,943 4.73% TOTAL 41,040 100.0 3B Table 1.2 Gender: Juveniles Referred FY10 Male 27,004 65.80% Female 14,036 34.20% TOTAL 100.0 Table 1.3 Age: Juveniles Referred FY10 8 111 0.27% 9 222 0.54% 10 373 0.91% 11 758 1.85% 12 1,590 3.87% 13 3,199 7.79% 14 5,414 13.19% 15 7,890 19.23% 16 9,427 22.97% 17 11,743 28.61% 313 0.76% Unknown TOTAL 7 41,040 41,040 100.0 JUVENILES REFERRED IN THE ARIZONA COURT SYSTEM IN FY10 Table 1.4 Ethnicity: Juveniles Referred FY10 Hispanic African American 16,373 39.90% 3,622 8.83% 17,816 43.40% 2,139 5.21% Asian/Pacific Islander 316 0.77% Other 121 0.29% Unknown 653 1.60% Anglo Native American TOTAL 41,040 100.0 Table 1.7 Severity of Most Serious Offense: Juveniles Referred FY10 Felonies Against Person 1,913 4.66% Felonies Against Property 3,140 7.65% Obstruction of Justice: Felony & Misdemeanor 3,564 Misdemeanors Against Person 3,821 9.31% Drugs: Felony & Misdemeanor 5,167 12.59% Public Peace: Felony & Misdemeanor 10,346 25.21% Misdemeanors Against Property 7,173 17.48% Status Offenses 5,584 13.61% 332 0.81% Administrative Table 1.5 Education Status: Juveniles Referred FY10 Enrolled 23,456 57.15% Not Enrolled 1,727 4.21% Expelled 97 0.24% Suspended 138 0.34% Withdrawn 237 0.58% Graduated 217 0.53% GED Program 29 0.07% Unknown 15,139 36.89% TOTAL 41,040 100.0 Table 1.6 Number of Prior Referrals: Juveniles Referred FY10 0 20,572 50.13% 1 7,442 18.13% 2 3,828 9.33% 3 2,369 5.77% 4 1,559 3.80% 5 1,180 2.88% 6 896 2.18% 7 641 1.56% 8 or more 2,553 6.22% TOTAL 41,040 100.0 8.68% TOTAL 41,040 100.0 Table 1.8 Offense Class of Most Serious Offense: Juveniles Referred FY10 Felony 11,748 28.63% Misdemeanor 21,713 52.91% Violations of Probation & Ordinances 1,663 4.05% Status 5,584 13.61% Other 332 0.81% TOTAL 41,040 100.0 Juveniles Referred 60,000 48,677 50,000 48,395 45,955 46,749 40,000 41,040 30,000 FY06 FY07 FY08 FY09 For FY03 through FY10 data, refer to the graphs on page 5. 8 FY10 JUVENILES REFERRED IN THE ARIZONA COURT SYSTEM IN FY10 Table 1.9 Top Ten Referral Categories FY10 Shoplifting - Misd Probation Violation Alcohol Runaway Curfew Disorderly Conduct Marijuana Possession Truancy Drug Paraphernalia Assault – Simple 6,734 6,118 4,318 3,702 3,557 3,053 2,985 2,588 2,282 1,947 11.07% 10.06% 7.10% 6.09% 5.85% 5.02% 4.91% 4.26% 3.75% 3.20% TOTAL TOP TEN REFERRALS 37,284 61.30% TOTAL ALL REFERRALS 60,822 100.0% Table 1.10 Top Ten Referral Categories for Previous Fiscal Years FY2006 FY2007 FY2008 FY2009 Probation Violation 6,169 Probation Violation 7,055 Probation Violation 6,628 Shoplifting - Misd 7,308 Truancy Truancy Shoplifting - Misd 6,323 Probation Violation 6,362 Runaway 5,947 5,505 Shoplifting – Misd 4,984 Shoplifting – Misd 5,136 Truancy Runaway Curfew Runaway 4,556 Curfew Runaway 3,704 Alcohol 4,242 Curfew 3,881 Alcohol 3,348 3,980 Marijuana Possession 3,746 Alcohol 4,131 Alcohol 4,136 Marijuana Possession 4,556 Curfew 4,206 3,952 Marijuana Possession 4,394 3,259 Marijuana Possession 3,296 Truancy 3,366 3,108 3,275 Assault – Simple 2,550 Assault -Simple 2,403 Drug Paraphernalia 2,492 Drug Paraphernalia 2,362 Disorderly Conduct 2,504 Disorderly Conduct 2,243 Disorderly Conduct 2,373 Disorderly Conduct 2,326 Assault – Domestic Violence 2,017 Assault – Domestic Violence 1,792 Assault-Simple Assault-Simple 2,064 Cells indicate the number of referrals for each offense. 9 2,100 In FY10, shopliftingmisdemeanor was the most common referral, followed closely by probation violation. This suggests Arizona’s juvenile probation departments are holding juveniles accountable. Over the past five years, there is little change in the categories of the top ten offenses. Explanations of the categories can be found in the Notes section.4 This page intentionally left blank. 2B JUVENILES DETAINED IN THE ARIZONA COURT SYSTEM IN FY10 JUVENILES DETAINED 3B Information presented in this section characterizes individual youth (unduplicated). For youth who were detained more than once during the fiscal year, information from their first instance in the time frame is reported. well as in the data of the county where 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 presented in subsequent tables. Table 2.1 County: Juveniles Detained FY10 Apache 86 0.90% Cochise 209 2.20% 21B Juvenile detention is the temporary and secure custody of juveniles under the jurisdiction of the juvenile court requiring a restricted environment for their own protection and/or the safety of the community. Responsibility for maintaining a juvenile detention center separate from an adult jail or lockup is vested with the counties. Coconino 210 2.21% Gila 138 1.45% Graham 113 1.19% Greenlee 16 0.17% 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. Probable cause to believe the juvenile committed acts alleged in the petition, and reasonable cause to believe: a. The juvenile would not be present at any hearing; b. Juvenile is likely to commit an offense injurious to himself or others; c. Juvenile must be held for another jurisdiction; d. Juvenile interests or the public require custodial protection. 2. As a condition of probation. Thirteen of the fifteen counties in Arizona maintain juvenile secure care facilities. Juveniles from two counties are transported to other jurisdictions when the need for secure custody is determined. These juveniles appear in the originating county’s data as 10 La Paz 12 0.13% 4,809 50.52% Mohave 402 4.22% Navajo 204 2.14% Pima 1,080 11.35% Pinal 800 8.40% Santa Cruz 173 1.82% Yavapai 534 5.61% Yuma 733 7.70% TOTAL 9,519 Maricopa 34B 100.0 In FY10, 9,519 juveniles were detained at least once. Only 6,243 (65.5%) 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 6,243 juveniles that were detained on a referral (physical referral) represent 15.2% of the juveniles referred to the juvenile court in FY10. Over the past few years, juveniles detained have decreased from a high of 13,660 in FY03 to the low of 9,519 this year in spite of increased populations. Table 2.2 Gender: Juveniles Detained FY10 Male 7,372 77.45% Female 2,147 22.55% TOTAL 9,519 100.0 JUVENILES DETAINED IN THE ARIZONA COURT SYSTEM IN FY10 Table 2.3 Age: Juveniles Detained FY10 8 1 0.01% 9 9 0.09% 10 28 0.29% 11 73 0.77% 12 194 2.04% 13 484 5.08% 14 1,006 10.57% 15 1,796 18.87% 16 2,483 26.08% 17 3,395 35.67% 50 0.53% Unknown TOTAL 9,519 100.0 Hispanic 4,224 45.57% African American 1,091 10.37% Anglo 3,434 35.57% 644 6.68% Asian/Pacific Islander 49 0.48% Other 28 0.33% Unknown 49 0.99% TOTAL 9,519 Felonies Against Property 1,249 20.01% Obstruction of Justice: Felony & Misdemeanor 1,301 20.84% Misdemeanors Against Person 759 12.16% Drugs: Felony & Misdemeanor 699 11.20% Public Peace: Felony & Misdemeanor 790 12.65% Misdemeanors Against Property 343 5.49% Status Offenses 51 0.82% Administrative 73 1.17% TOTAL 100.0 Expelled 31 0.33% Suspended 57 0.60% Withdrawn 102 1.07% Graduated 52 0.55% GED Program 18 0.19% Unknown 5,347 56.17% TOTAL 9,519 100.0 Table 2.6 Number of Prior Referrals: Juveniles Detained FY10 0 1,411 22.60% 1 862 13.81% 2 655 10.49% 3 551 8.83% 4 477 7.64% 5 401 6.42% 6 341 5.46% 7 286 4.58% 1,259 20.17% TOTAL 6,243 100.0 Felony 3,317 53.13% Misdemeanor 1,981 31.73% 857 13.73% Status 50 0.80% Other 38 0.61% TOTAL 6,243 Violations of Probation & Ordinances Table 2.5 Education Status: Juveniles Detained FY10 Enrolled 3,259 34.24% Not Enrolled 653 6.86% 8 or more 6,243 Table 2.8 Offense Class of Most Serious Offense: Juveniles Detained FY10 Table 2.4 Ethnicity: Juveniles Detained FY10 Native American Table 2.7 Severity of Most Serious Offense: Juveniles Detained FY10 Felonies Against Person 978 15.67% 100.0 11 100.0 JUVENILES DIVERTED IN THE ARIZONA COURT SYSTEM IN FY10 JUVENILES DIVERTED 4B Information presented in this section characterizes individual youth (unduplicated). For 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 County: Juveniles Diverted FY10 Apache 37 0.20% Cochise 745 3.97% 2B Coconino 412 2.19% Gila 260 1.38% Graham 110 0.59% Greenlee 25 0.13% Table 3.1 shows the distribution of youth across counties in Arizona. Demographic and offense specific information are presented on subsequent tables. La Paz 45 0.24% 9,383 49.97% Mohave 745 3.97% Navajo 116 0.62% Pima 4,333 23.07% Pinal 588 3.13% Santa Cruz 213 1.13% Yavapai 989 5.27% Yuma 778 4.14% TOTAL 18,779 Diversion is a process allowing a juvenile to avoid formal court processing and have the referral alleging an offense adjusted if the juvenile completes one or more conditions. If a referral is adjusted, a petition is not filed. Conditions to be completed are the consequences assigned based on 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 are briefly summarized in the Notes section at the end of the document.5 In FY10, there were 18,779 juveniles diverted in Arizona’s juvenile justice system. Over the last five years, the number of juveniles having referrals diverted has remained fairly stable, however the number of juveniles referred has declined. As a result the percentage of juveniles referred who are diverted has increased from a low of 39.5% in FY07 to a high of 46.4% in FY09. In FY10 45.8% of the juveniles referred were diverted. The trend line of juveniles referred over the last five years is visually displayed at the bottom right of page 13. It is expected diverted juveniles would have less serious offenses and little or no prior referrals. Of the juveniles diverted in FY10: Maricopa 35B Table 3.2 Gender: Juveniles Diverted FY10 Male 11,409 60.75% Female 7,370 39.25% TOTAL 65.7% had no prior referrals. 63.8% had a misdemeanor as the most serious offense. 12 18,779 100.0 Table 3.3 Age: Juveniles Diverted FY10 8 62 0.33% 9 121 0.64% 10 220 1.17% 11 430 2.29% 12 945 5.03% 13 1,840 9.80% 14 3,031 16.14% 15 4,072 21.68% 16 4,097 21.82% 17 3,959 21.08% 2 0.01% Unknown • • 100.0 TOTAL 18,779 100.0 JUVENILES DIVERTED IN THE ARIZONA COURT SYSTEM IN FY10 Table 3.4 Ethnicity: Juveniles Diverted FY10 Hispanic 7,581 40.37% African American 1,414 7.53% Anglo 8,450 45.00% Native American 788 4.20% Asian/Pacific Islander 172 0.92% Other Unknown TOTAL 55 0.29% 319 1.70% 18,779 100.0 Table 3.7 Severity of Most Serious Offense: Juveniles Diverted FY10 Felonies Against Person 167 0.89% Felonies Against Property 409 Obstruction of Justice: Felony & Misdemeanor 118 0.63% Misdemeanors Against Person 1,966 10.47% Drugs: Felony & Misdemeanor 2,420 12.89% Public Peace: Felony & Misdemeanor 5,527 29.43% Misdemeanors Against Property 4,634 24.68% Status Offenses 3,475 18.50% 63 0.34% Administrative Table 3.5 Education Status: Juveniles Diverted FY10 Enrolled 12,594 67.06% 384 2.04% Expelled 25 0.13% Suspended 39 0.21% Withdrawn 44 0.23% Graduated 72 0.38% 8 0.04% 5,613 29.89% Not Enrolled 2.18% TOTAL 18,779 100.0 Table 3.8 Offense Class of Most Serious Offense: Juveniles Diverted FY10 Felony 3,140 16.72% 11,982 63.81% 119 0.63% Status 3,475 18.50% Table 3.6 Number of Prior Referrals: Juveniles Diverted FY10 0 12,336 65.69% 1 3,878 20.65% Other 50 0.27% Invalid Complaint 13 0.07% 2 1,295 6.90% TOTAL 3 555 2.96% 4 257 1.37% 5 151 0.80% 6 81 0.43% GED Program Unknown TOTAL 7 8 or more TOTAL 18,779 100.0 52 0.28% 174 0.93% 18,779 100.0 Misdemeanor Violations of Probation & Ordinances 18,779 100.0 Juveniles Diverted 22,000 18,000 20,081 19,222 20,664 21,359 18,779 14,000 10,000 FY06 13 FY07 FY08 FY09 FY10 JUVENILES WITH PETITIONS FILED IN THE ARIZONA COURT SYSTEM IN FY10 PETITIONS FILED 5B Information presented in this section characterizes individual youth (unduplicated). For youth who were petitioned more than once during the fiscal year, information from their 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 presented in the subsequent tables. A petition is a legal document filed in the juvenile court alleging a referred juvenile is delinquent, incorrigible, or dependent and requests the court to assume jurisdiction over the youth. A 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 eighteen, commits a delinquent act if that same act committed by an adult would be a criminal offense. An incorrigible youth 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 14,307 juveniles with a petition filed during FY10. This is a 15.6% decrease from FY09. Although, it appears juveniles who received a petition have declined over the last few years, the number of juveniles entering the system has also declined. Over the past five years, the percentage of juveniles referred who are petitioned, ranges from 34.9% to 37.3%, with the low of 34.9% occurring in FY10. Thus, the relative rate of petitions is rather stable. Although, the average age of juveniles receiving 14 a petition is 15.4, almost 3 out of 4 (75.4%) are between 15 and 17 years of age. Table 4.1 County: Petitions Filed FY10 Apache 78 0.55% Cochise 325 2.27% Coconino 392 2.74% Gila 183 1.28% Graham 198 1.38% Greenlee 53 0.37% La Paz 37 0.26% 7,000 48.93% Mohave 552 3.86% Navajo 408 2.85% Pima 2,125 14.85% Pinal 957 6.69% Santa Cruz 344 2.40% Yavapai 672 4.70% Yuma 983 6.87% TOTAL 14,307 Maricopa 100.0 Table 4.2 Gender: Petitions Filed FY10 Male 10,716 74.90% Female 25.10% TOTAL 3,591 14,307 100.0 Table 4.3 Age: Petitions Filed FY10 8 5 0.03% 9 29 0.20% 10 70 0.49% 11 205 1.43% 12 436 3.05% 13 952 6.65% 14 1,803 12. 60% 15 2,838 19.84% 16 3,860 26.98% 17 4,092 28.60% 17 0.12% Unknown TOTAL 14,307 100.0 JUVENILES WITH PETITIONS FILED IN THE ARIZONA COURT SYSTEM IN FY10 Table 4.4 Ethnicity: Petitions Filed FY10 Hispanic 6,060 42.36% African American 1,530 10.69% Anglo 5,562 38.88% 971 6.79% 82 0.57% Native American Asian/Pacific Islander Other Unknown TOTAL 35 67 14,307 0.24% 0.47% 100.0 Table 4.5 Education Status: Petitions Filed FY10 Enrolled 7,920 55.36% Not Enrolled 1,221 8.53% Expelled 62 0.43% Suspended 103 0.72% Withdrawn 193 1.35% Graduated 99 0.69% GED Program 17 0.12% 4,692 32.80% Unknown TOTAL 14,307 100.0 Table 4.6 Number of Prior Referrals: Petitions Filed FY10 0 3,650 25.51% 1 2,410 16.84% 2 1,934 13.52% 3 1,405 9.82% 4 1,055 7.37% 5 811 5.67% 6 669 4.68% 7 472 3.30% 1,901 13.29% 8 or more TOTAL 14,307 Table 4.7 Severity of Most Serious Offense: Petitions Filed FY10 Felonies Against Person 1,259 8.80% Felonies Against Property 2,170 15.17% Obstruction of Justice: Felony & Misdemeanor 3,497 24.44% Misdemeanors Against Person 1,570 10.97% Drugs: Felony & Misdemeanor 1,974 13.80% Public Peace: Felony & Misdemeanor 1,738 12.15% Misdemeanors Against Property 1,820 12.72% Status Offenses 245 1.71% Administrative 34 0.24% TOTAL 14,307 100.0 Table 4.8 Offense Class of Most Serious Offense: Petitions Filed FY10 Felony 6,390 44.66% Misdemeanor 5,831 40.76% Violations of Probation & Ordinances 1,807 12.63% Status 245 1.71% Other 34 0.24% TOTAL 14,307 100.0 Juveniles Petitioned 25,000 20,000 18,055 17,974 100.0 17,958 15,000 16,945 14,307 10,000 FY06 FY07 FY08 FY09 For FY03 through FY10 data, refer to the graphs on page 5. 15 FY10 JUVENILES WITH DISPOSITIONS OF DISMISSED IN THE ARIZONA COURT SYSTEM IN FY10 JUVENILES DISMISSED 6B 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 their first instance in the time frame is reported. last five years the total number dismissed 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 shows the distribution of youth across counties in Arizona. Demographic and offense specific information are also presented in subsequent tables. Table 5.1 County: Disposition of Dismissed FY10 Apache 46 0.72% Cochise 78 1.22% 23B Referrals and petitions against juveniles can be dismissed. Dismissal means 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 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 reasons such 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, when 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. Coconino 162 2.54% Gila 56 0.88% Graham 41 0.64% Greenlee 10 0.16% La Paz 25 0.39% 3,532 55.33% Mohave 251 3.93% Navajo 176 2.76% Pima 975 15.27% Pinal 472 7.39% Santa Cruz 161 2.52% Yavapai 130 2.04% Yuma 268 4.20% TOTAL 6,383 Maricopa 36B Table 5.2 Gender: Disposition of Dismissed FY10 Male 4,477 70.14% Female 1,906 29.86% TOTAL 6,383 100.0 Table 5.3 Age: Disposition of Dismissed FY10 8 0 0.00% 9 15 0.23% 10 43 0.67% 11 97 1.52% 12 166 2.60% 13 381 5.97% 14 692 10.84% 15 1,152 18.05% 16 1,531 23.99% 17 1,913 29.97% 393 6.16% Unknown TOTAL In FY10 we see 15.5% of all juveniles referred had a complaint dismissed. Over the 16 100.0 6,383 100.0 JUVENILES DISMISSED IN THE ARIZONA COURT SYSTEM IN FY10 Table 5.7 Severity of Most Serious Offense: Disposition of Dismissed FY10 Table 5.4 Ethnicity: Disposition of Dismissed FY10 Hispanic 2,367 37.08% African American Anglo Native American Asian/Pacific Islander Other Unknown TOTAL Table 5.5 Education Status: Disposition of Dismissed FY10 Enrolled 628 9.84% Obstruction of Justice: Felony & Misdemeanor 0.53% Misdemeanors Against Person Drugs: Felony & Misdemeanor 561 8.79% 1,867 29.25% Misdemeanors Against Property 782 12.25% Status Offenses 726 11.37% Administrative 17 0.27% 34 22 0.34% 83 1.30% 6,383 Public Peace: Felony & Misdemeanor 100.0 TOTAL 22 0.34% Suspended 38 0.60% Withdrawn 67 1.05% Graduated 45 0.70% 8 0.13% 2,622 41.08% 6,383 35.01% 1 1,095 17.15% 2 774 12.13% 3 511 8.01% 4 381 5.97% 5 259 4.06% 6 245 3.84% 7 183 2.87% 700 6,383 6,383 100.0 Table 5.8 Offense Class of Most Serious Offense: Disposition of Dismissed FY10 100.0 Table 5.6 Number of Prior Referrals: Disposition of Dismissed FY10 0 2,235 TOTAL 16.97% 5.64% Expelled 8 or more 1,083 44.16% 7.49% TOTAL 7.28% 360 48.61% Unknown 3.98% 465 2,819 478 GED Program 254 Felonies Against Property 10.94% 3,103 Not Enrolled Felonies Against Person 698 Felony 1,470 23.03% Misdemeanor 3,309 51.84% Violations of Probation & Ordinances 863 13.52% Status 725 11.36% Other 16 0.25% TOTAL 6,383 100.0 Dismissed 9,000 8,000 7,570 6,687 7,000 10.97% 6,931 6,874 6,383 100.0 6,000 FY06 17 FY07 FY08 FY09 FY10 JUVENILES WITH DISPOSITION OF PENALTY ONLY IN THE ARIZONA COURT SYSTEM IN FY10 PENALTY ONLY 7B 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 their first instance during the time frame is reported. Table 6.1 County: 24B Disposition of Penalty Only FY10 Apache 18 4.50% Cochise 23 5.75% Coconino 6 1.50% Gila 7 1.75% Graham 1 0.25% Greenlee 0 0.00% La Paz 0 0.00% Table 6.1 shows the distribution of youth across counties in Arizona. Demographic and offense specific information are presented in subsequent tables. 25B 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 ADJC. Dispositions of penalty only have remained fairly stable with the same number disposed to penalty only this year as was in FY06 (400). Maricopa 228 57.00% Mohave 0 0.00% Navajo 11 2.75% Pima 6 1.50% Pinal 36 9.00% Santa Cruz 33 8.25% Yavapai 5 1.25% Yuma 26 6.50% TOTAL 400 37B 100.0 Table 6.2 Gender: Disposition of Penalty Only FY10 Male 295 73.75% Female 105 26.25% TOTAL 400 100.0 Table 6.3 Age: Disposition of Penalty Only FY10 0 8 0.00% 0 9 0.00% 10 0 0.00% 11 0 0.00% 12 4 1.00% 13 7 1.75% 14 17 4.25% 15 31 7.75% 16 59 14.75% 17 262 65.50% 20 5.00% Unknown TOTAL 18 400 100.0 JUVENILES WITH DISPOSITION OF PENALTY ONLY IN THE ARIZONA COURT SYSTEM IN FY10 Table 6.4 Ethnicity: Disposition of Penalty Only FY10 Hispanic 183 45.75% African American Anglo Native American Asian/Pacific Islander Other Unknown TOTAL Table 6.7 Severity of Most Serious Offense: Disposition of Penalty Only FY10 Felonies Against Person 9 2.25% Felonies Against Property 14 3.50% 5.25% Obstruction of Justice: Felony & Misdemeanor 0 0.00% 91 22.75% Misdemeanors Against Person 22 5.50% 2 0.50% Drugs: Felony & Misdemeanor 25 6.25% 160 40.00% Misdemeanors Against Property 43 10.75% Status Offenses 36 9.00% Administrative 0 0.00% 40 10.00% 152 38.00% 21 2 400 Public Peace: Felony & Misdemeanor 0.50% 100.0 Table 6.5 Education Status: Disposition of Penalty Only FY10 Enrolled 144 36.00% Not Enrolled 26 6.50% Expelled 0 0.00% Suspended 2 0.50% Withdrawn 5 1.25% 10 2.50% 1 0.25% 212 53.00% Graduated GED Program Unknown TOTAL 400 16.50% 2 64 16.00% 3 31 7.75% 4 32 8.00% 5 23 5.75% 6 14 3.50% 7 16 4.00% 8 or more 63 15.75% 400 400 100.0 Table 6.8 Offense Class of Most Serious Offense: Disposition of Penalty Only FY10 Felony 59 14.75% 220 55.00% Violations of Probation & Ordinances 85 21.25% Status 36 9.00% Other 0 0.00% TOTAL 400 Misdemeanor 100.0 Table 6.6 Number of Prior Referrals: Disposition of Penalty Only FY10 0 91 1 66 TOTAL TOTAL 22.75% 100.0 19 100.0 JUVENILES WITH DISPOSITION OF STANDARD PROBATION IN THE ARIZONA COURT SYSTEM IN FY10 STANDARD PROBATION 8B 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 their first instance during the time frame is reported. Table 7.1 County: Disposition of Standard Probation FY10 Apache 49 0.52% Cochise 165 1.76% Coconino 219 2.34% Table 7.1 shows the distribution of youth across counties in Arizona. Demographic and offense specific information are presented in subsequent tables. 26B Gila 125 Graham 131 1.40% Greenlee 32 0.34% La Paz 9 0.10% 5,370 57.43% Mohave 317 3.39% Navajo 239 2.56% 1,151 12.31% 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. Maricopa Pima Pinal 575 6.15% Santa Cruz 159 1.70% Yavapai 330 3.53% Yuma 480 5.13% TOTAL 9,351 38B 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 minimum scheduled contacts with a probation officer, maintaining law abiding behavior, and paying restitution to the victim. Additional terms may 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 associates. Once a juvenile is 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. The court can impose multiple restrictions and provide resources to help the juvenile. If the youth does not choose to comply or continues violating the law, the probation officer will refer the juvenile back to court. The court may choose (continued on next page) 20 1.34% 100.0 Table 7.2 Gender: Disposition of Standard Probation FY10 Male 7,180 76.78% Female 2,171 23.22% TOTAL 9,351 100.0 Table 7.3 Age: Disposition of Standard Probation FY10 0 8 0.00% 9 4 0.04% 10 9 0.10% 11 58 0.62% 12 172 1.84% 13 535 5.72% 14 1,088 11.64% 15 1,804 19.29% 16 2,515 26.90% 17 3,157 33.76% 9 0.10% Unknown TOTAL 9,351 100.0 JUVENILES WITH DISPOSITION OF STANDARD PROBATION IN THE ARIZONA COURT SYSTEM IN FY10 to impose more severe liberty restrictions, including detention, placement in the JIPS program or commitment to the ADJC. Table 7.7 Severity of Most Serious Offense: Disposition of Standard Probation FY10 In FY10, 9,351 juveniles were given a disposition of standard probation. Dispositions to standard probation have decreased by 8.4% since FY08. Over the last five years dispositions of standard probation have declined slightly. Felonies Against Person 836 8.94% Felonies Against Property 1,617 17.29% Obstruction of Justice: Felony & Misdemeanor 1,939 20.74% Misdemeanors Against Person 800 8.56% Drugs: Felony & Misdemeanor 1,497 16.01% Public Peace: Felony & Misdemeanor 1,549 16.57% Misdemeanors Against Property Table 7.4 Ethnicity: Disposition of Standard Probation FY10 Hispanic 3,954 42.28% African American 982 10.50% Anglo Native American Asian/Pacific Islander Other Unknown TOTAL 3,705 39.62% 579 6.19% 51 0.55% 32 0.34% 48 0.51% 9,351 100.0 Table 7.5 Education Status: Disposition of Standard Probation FY10 Enrolled 4,787 51.19% Not Enrolled 946 10.12% Expelled 56 0.60% Suspended 71 0.76% Withdrawn 177 1.89% 103 1.10% Graduated GED Program 8 0.09% Unknown 3,203 34.25% TOTAL 9,351 100.0 905 9.68% Status Offenses 88 0.94% Administrative 120 1.28% TOTAL 9,351 Table 7.8 Offense Class of Most Serious Offense: Disposition of Standard Probation FY10 Felony 4,596 49.15% Misdemeanor 3,561 38.08% 986 10.54% Status 88 0.94% Other 120 1.28% TOTAL 9,351 Violations of Probation & Ordinances 12,000 10,157 9,821 21.79% 1,653 17.68% 2 1,520 16.25% 3 1,139 12.18% 4 809 8.65% 5 595 6.36% 6 422 4.51% 7 316 3.38% 8 or more 859 9.19% TOTAL 9,351 10,211 10,066 1 100.0 Standard Probation 10,000 Table 7.6 Number of Prior Referrals: Disposition of Standard Probation FY10 0 2,038 100.0 9,351 8,000 6,000 FY06 FY07 FY08 FY09 For FY03 through FY10 data, refer to the graphs on page 5. 100.0 21 FY10 JUVENILES WITH DISPOSITION TO JIPS IN THE ARIZONA COURT SYSTEM IN FY10 JIPS 9B 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 their first instance during the time frame is reported. Table 8.1 County: Disposition to JIPS FY10 Apache 9 0.57% Cochise 53 3.38% 27B Coconino 58 3.70% Gila Table 8.1 shows the distribution of youth across counties in Arizona. Demographic and offense specific information are presented in subsequent tables. 25 1.59% Graham 21 1.34% Greenlee 6 0.38% JIPS is a sentencing consequence used by the juvenile court judges for those youth in need of higher level of supervision and more structured programming. The program was enacted into law in 1987. The intent of this legislation was to create a program to 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 to 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 slightly from those reported in Juveniles Processed because the JIPS Annual Report includes all juveniles whose cases were active during the fiscal year; whereas this report includes only juveniles dispositioned to JIPS during the fiscal year. Table 8.2 Gender: Disposition to JIPS FY10 Male 1,368 87.24% Female 200 12.76% Since FY09, the number of juveniles placed on JIPS has decreased by 16.1%. This decrease compares with a decrease in the number petitions of 15% over the same time period. Accordingly, the percentage of juveniles petitioned who end up disposed to JIPS has remained stable. 22 La Paz 4 0.26% 585 37.31% Mohave 90 5.74% Navajo 42 2.68% Pima 176 11.22% Pinal 115 7.33% 26 1.66% Maricopa Santa Cruz Yavapai 123 7.84% Yuma 235 14.99% TOTAL 1,568 100.0 39B TOTAL 1,568 100.0 Table 8.3 Age: Disposition to JIPS FY10 0 8 0.00% 0 9 0.00% 1 10 0.06% 11 4 0.26% 12 9 0.57% 13 57 3.64% 14 174 11.10% 15 329 20.98% 16 438 27.93% 17 552 35.20% 4 0.26% Unknown TOTAL 1,568 100.0 JUVENILES WITH DISPOSITION TO JIPS IN THE ARIZONA COURT SYSTEM IN FY10 Table 8.4 Ethnicity: Disposition to JIPS FY10 Hispanic 790 50.38% African American 169 10.78% Anglo 524 33.42% 77 4.91% 3 Native American Asian/Pacific Islander Other Unknown TOTAL Felonies Against Person 171 10.91% Felonies Against Property 333 21.24% 0.19% Obstruction of Justice: Felony & Misdemeanor 735 46.88% 1 0.06% Misdemeanors Against Person 45 2.87% 4 0.26% Drugs: Felony & Misdemeanor 118 7.53% Public Peace: Felony & Misdemeanor 107 6.82% 1,568 100.0 Table 8.5 Education Status: Disposition to JIPS FY10 Enrolled 857 54.66% Not Enrolled 206 13.14% Expelled 17 1.08% Suspended 28 1.79% Withdrawn 44 2.81% Graduated 15 0.96% GED Program 6 0.38% 395 Unknown TOTAL 1,568 40 2.55% Status Offenses 2 0.13% Administrative 17 1.08% TOTAL 1,568 100.0 Table 8.8 Offense Class of Most Serious Offense: Disposition to JIPS FY10 797 50.83% Misdemeanor 283 18.05% 25.19% Violations of Probation & Ordinances 471 30.04% 100.0 Status 1 0.06% Other 16 1.02% TOTAL 1,568 5.29% 2 131 8.35% 3 143 9.12% 4 151 9.63% 5 168 10.71% 6 144 9.18% 7 124 7.91% 8 or more 553 35.27% 1,568 Misdemeanors Against Property Felony Table 8.6 Number of Prior Referrals: Disposition to JIPS FY10 0 71 1 83 TOTAL Table 8.7 Severity of Most Serious Offense: Disposition to JIPS FY10 4.53% 100.0 100.0 Juvenile Intensive Probation (JIPS) 3,000 2,500 2,069 2,023 2,000 1,967 1,869 1,568 1,500 1,000 FY06 FY07 FY08 FY09 For FY03 through FY10 data, refer to the graph on page 5. 23 FY10 JUVENILES WITH DISPOSITIONS TO ADJC IN THE ARIZONA COURT SYSTEM IN FY10 ADJC 10B 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 their first instance during the time frame is reported. Table 9.1 shows the distribution of youth across counties in Arizona. Demographic and offense specific information are 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. in FY98. Over the last five years commitments to ADJC have ranged from a low of 751 (FY10) to a high of 926 (FY07). This year commitments decreased by 11.4% from FY09. • 44.2% 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). • 53.1% of the juveniles committed to ADJC had eight or more prior referrals, suggesting that the majority of commitments are chronic offenders. Table 9.1 County: Disposition to ADJC FY10 Apache 4 0.53% Cochise 17 2.26% 28B Coconino 2.53% 3 0.40% Graham 6 0.80% Greenlee 2 0.27% La Paz 1 0.13% 436 58.06% Mohave 42 5.59% Navajo 6 0.80% Pima 76 10.12% Pinal 38 5.06% 5 0.67% 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 commitment to ADJC should be reserved for juveniles whom the court believes need placement in a secure care facility for the protection of the public. 19 Gila The commitment guidelines, revised and adopted in July, 2001 and documented in the Arizona Code of Judicial Administration Part 6, Chapter 3, Section 6304 can be found in the Notes section at the end of this document.6 The ADJC tables in this section were produced using the traditional reporting method used in Juveniles Processed, 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 FY10 within each county. In FY10, 751 juveniles received a judicial decision involving commitment to ADJC. This number shows a consistent decline since a historical high of 1,670 Maricopa Santa Cruz Yavapai 15 2.00% Yuma 81 10.79% TOTAL 751 40B Table 9.2 Age: Disposition to ADJC FY10 0 8 0 9 0.00% 0.00% 10 0 0.00% 11 0 0.00% 12 0 0.00% 13 13 1.73% 14 51 6.79% 15 147 19.57% 16 237 31.56% 17 303 40.35% 0 0.00% Unknown TOTAL 24 100.0 751 100.0 JUVENILES WITH DISPOSITIONS TO ADJC IN THE ARIZONA COURT SYSTEM IN FY10 Table 9.3 Gender: Disposition to ADJC FY10 Male 663 88.28% Female 88 11.72% TOTAL 751 100.0 Table 9.4 Ethnicity: Disposition to ADJC FY10 Hispanic 387 51.53% African American 108 14.38% Anglo 212 28.23% 40 5.33% Asian/Pacific Islander 3 0.40% Other 1 0.13% Unknown 0 0.00% Native American TOTAL 751 100.0 Table 9.5 Education Status: Disposition to ADJC FY10 Enrolled 237 31.56% Not Enrolled 101 13.45% 3 0.40% Suspended 10 1.33% Withdrawn 15 2.00% Graduated 4 0.53% Expelled GED Program 5 0.67% Unknown 376 50.07% TOTAL 751 100.0 Table 9.6 Number of Prior Referrals: Disposition to ADJC FY10 0 32 1 22 Table 9.7 Severity of Most Serious Offense: Disposition to ADJC FY10 Felonies Against Person 104 13.85% Felonies Against Property 124 16.51% Obstruction of Justice: Felony & Misdemeanor 338 45.01% Misdemeanors Against Person 30 3.99% Drugs: Felony & Misdemeanor 73 9.72% Public Peace: Felony & Misdemeanor 49 6.52% Misdemeanors Against Property 33 4.39% TOTAL 751 Table 9.8 Offense Class of Most Serious Offense: Disposition to ADJC FY10 Felony 370 49.27% Misdemeanor 130 17.31% Violations of Probations & Ordinances 251 33.42% 751 100.0 TOTAL 4.26% 2.93% 2 22 2.93% 3 34 4.53% 4 38 5.06% 5 66 8.79% 6 74 9.85% 7 64 8.52% 8 or more 399 53.13% TOTAL 751 100.0 100.0 For FY03 through FY10 data, refer to the graph on page 5. 25 ADJC & AOC COMPARISON ADJC & AOC COMPARISON 1B Original Commitments on a Statewide Basis The previous section regarding ADJC is the traditional reporting method used in Juveniles Processed, 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 FY10 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 present the number of juveniles involved in the commitment decision. The most important consideration is the original commitment and transfer to ADJC. These are the juveniles who become the responsibility of that department for confinement and rehabilitation purposes. Table 10.1 Commitments FY10, 7/1/2009 – 6/30/2010 Never Original Subsequent Arrived Commitment Commitment At ADJC TOTAL Apache 4 0 0 4 Cochise 16 1 0 17 Coconino 11 8 0 19 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; or that a juvenile was committed in a prior fiscal year and received another disposition of commitment or award to ADJC during FY10. Gila 3 0 0 3 Graham 4 2 0 6 Greenlee 2 0 0 2 La Paz 1 0 0 1 296 128 12 436 Mohave 33 9 0 42 Navajo 3 3 0 6 Pima 53 19 4 76 Pinal 31 7 0 38 4 1 0 5 Yavapai 11 4 0 15 Yuma 72 9 0 81 The last column, (Never Arrived at ADJC), are juveniles who received an TOTAL 544 191 16 751 Maricopa Santa Cruz (continued on next page) 26 ADJC & AOC COMPARISON 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 FY10 the number of original commitments is 544. That is 103 fewer original juveniles being committed to ADJC than FY09 representing a 15.9% decrease from the previous fiscal year. Charts for fiscal years 2008 through 2010 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 FY09, 7/1/2008– 6/30/2009 Original Commitment Subsequent Commitment Never Arrived At ADJC TOTAL Apache 5 0 0 5 Cochise 15 2 0 17 Coconino 11 1 0 12 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 Maricopa Santa Cruz 5 0 0 5 Yavapai 17 4 0 21 Yuma 54 6 1 61 TOTAL 647 183 18 848 Table 10.3 Commitments FY08, 7/1/2007 – 6/30/2008 Never Original Subsequent Arrived Commitment Commitment At ADJC TOTAL 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 La Paz 1 0 0 1 422 124 5 551 42 3 0 45 Coconino Gila Maricopa Mohave 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 Santa Cruz 27 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY10 DIRECT FILED & TRANSFERRED 12B 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 on the subsequent pages: Direct Filed in Adult Court Transferred to Adult Court 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 FY10 29B This section provides an overview of two groups of youth who are sent to adult court via one of the five pathways identified. They are briefly described below. The numbers of youth who were filed in adult court through one of these pathways are presented in table 11.1. Pathways to Adult Court Pathways Number of Juveniles Mandatory 153 Mandatory Prior Conviction Chronic 31 7.26% 57 13.35% 152 35.60% 34 *427 7.96% 100 Discretionary • Mandatory: A juvenile aged fifteen, sixteen, or seventeen who commit a violent crime specified in Arizona Revised Statutes §13-501 A. must be filed in adult court. Transfer TOTAL % of Total 35.83% Table 11.2 County: Direct Filed in and Transferred to Adult Court FY10 Apache 0 0.00% 29B • • • • Mandatory Prior: A juvenile previously convicted in adult court must be returned to adult court for any subsequent crimes or violations of probation. Cochise 4 0.94% Coconino 1 0.23% Gila 2 0.47% Graham 0 0.00% Chronic: A juveniles aged fifteen, sixteen, or seventeen who have two prior felony adjudications in juvenile court and must go to adult court for a subsequent felony. Greenlee 0 0.00% La Paz 1 0.23% Discretion: At the discretion of the county attorney, any juvenile who is fourteen years old and a chronic offender or fourteen or older and commit one of a list of specified offenses in Arizona Revised Statutes §13-501 B. 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 Maricopa 271 63.47% Mohave 3 0.70% Navajo 0 0.00% Pima 81 18.97% Pinal 20 4.68% Santa Cruz 9 2.11% Yavapai 10 2.34% Yuma 25 5.85% TOTAL 41B *427 100.0 *The number of juveniles in these tables may be a duplicate count due to 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 FY10 DIRECT FILED IN ADULT COURT 13B Information presented in this section characterizes individual youth (unduplicated). For youth who were direct filed in adult court more than once during the fiscal year, information from their first instance during the time frame is reported. Table 11.3 presents the distribution of youth across counties in Arizona. Demographic and offense specific information are presented in subsequent tables. A historic high occurred in the direct file process in FY99 when 804 juveniles were sent to adult court in this manner. A general decline took place through FY05. In FY10, there was a sharp decline in the number of juveniles direct filed, 30% since last year (See trend line bottom of page 30). Table 11.3 County: Juveniles Direct Filed in Adult Court FY10 Apache 0 0.00% 30B 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). Cochise 3 Coconino 1 0.25% Gila 0 0.00% Graham 2 0.51% Greenlee 0 0.00% La Paz 0 0.00% 260 66.16% Mohave 2 0.51% Navajo 0 0.00% Pima 75 19.08% Pinal Maricopa 20 5.09% Santa Cruz 9 2.29% Yavapai 3 0.76% Yuma 18 4.58% TOTAL 393 42B 100.0 Table 11.4 Gender: Juveniles Direct Filed FY10 Male 360 91.60% Female 33 8.40% 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. TOTAL A legislative change creating the direct file process became effective in 1997. The result has been a reduction in the transfer decision. 393 100.0 Table 11.5 Age: Juveniles Direct Filed FY10 8 0 0.00% 9 0 0.00% 10 0 0.00% 11 0 0.00% 12 0 0.00% 13 0 0.00% 14 5 1.27% 15 41 10.43% 16 118 30.03% 17 224 57.00% 5 1.27% Unknown TOTAL 29 0.76% 393 100.0 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY10 Table 11.6 Ethnicity: Juveniles Direct Filed FY10 Hispanic 234 59.54% African American 50 12.72% Anglo 82 20.87% Native American 19 4.83% 2 0.51% 1 0.25% 5 1.27% Asian/Pacific Islander Other Unknown TOTAL 393 Table 11.9 Severity of Most Serious Offense: Juveniles Direct Filed FY10 Felonies Against Person 230 58.52% 91 23.16% Obstruction of Justice: Felony & Misdemeanor 2 0.51% Misdemeanors Against Person 1 0.25% Drugs: Felony & Misdemeanor 54 13.74% Public Peace: Felony & Misdemeanor 14 3.56% 1 0.25% Felonies Against Property Misdemeanors Against Property 100.0 TOTAL Table 11.7 Education Status: Juveniles Direct Filed FY10 Enrolled 96 24.43% Not Enrolled 57 14.50% Expelled 1 0.25% Suspended 4 1.02% Withdrawn 9 2.29% Graduated 5 1.27% GED Program 0 0.00% Unknown 221 56.23% TOTAL 393 Table 11.8 Number of Prior Referrals: Juveniles Direct Filed FY10 0 57 10.69% 2 35 8.91% 3 35 8.91% 4 29 7.38% 5 25 6.36% 6 26 6.62% TOTAL 32 8.14% 112 28.50% 393 386 98.22% 7 1.78% Table 11.10 Offense Class of Most Serious Offense: Juveniles Direct Filed FY10 Felony Misdemeanor TOTAL 393 14.50% 42 8 or more 100.0 100.0 1 7 393 100.0 For FY03 through FY10 data, refer to the graph on page 6. 30 100.0 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY10 TRANSFERRED TO ADULT COURT 14B Prior to FY97 and the passage of Proposition 102, the sole pathway to adult court for juveniles was through the judicial transfer process. The implementation of Senate Bill (SB) 1446 initiated the shift from judicial transfers to direct filing in adult court by the county attorney as the primary pathway to adult court. SB 1446 also changed A.R.S. §8327 which details the process for transferring juveniles to adult court. These provisions were effective July 21, 1997. 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 FY10 Apache 0 0.00% Cochise 1 2.94% 31B Coconino 0 0.00% Gila 0 0.00% Graham 0 0.00% Greenlee 0 0.00% La Paz 1 2.94% 11 32.35% Mohave 1 2.94% Navajo 0 0.00% Pima 6 17.65% Pinal 0 0.00% Maricopa Santa Cruz 0 0.00% Yavapai 7 20.59% Yuma 7 20.59% TOTAL 34 43B 100.0 In FY10 transfers have declined 24.4% from FY09 which is consistent with the trend over the last 5 years. Since the direct filing process began, the judicial transfer process being utilized less. Overall, the direct filing process accounts for approximately 9 out of every 10 juveniles prosecuted in adult court. Table 11.12 Age: Juveniles Transferred FY10 8 0 0.00% 32B 9 0 0.00% 10 0 0.00% 11 0 0.00% 12 0 0.00% 13 0 0.00% 14 1 2.94% 15 3 8.82% 16 4 11.76% 17 25 73.53% 1 2.94% 34 100.0 Unknown TOTAL 4B JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY10 Table 11.13 Gender: Juveniles Transferred FY10 Male 33 97.06% Table 11.17 Severity of Most Serious Offense: Juveniles Transferred FY10 Female Felonies Against Person 12 35.29% Felonies Against Property 15 44.12% TOTAL 1 34 2.94% 100.0 Obstruction of Justice: Felony & Misdemeanor 1 2.94% Misdemeanors Against Person Table 11.14 Ethnicity: Juveniles Transferred FY10 Hispanic 17 50.00% 1 2.94% Drugs: Felony & Misdemeanor 3 8.82% African American Public Peace: Felony & Misdemeanor 2 5.88% Misdemeanors Against Property 0 0.00% Status Offenses 0 0.00% Citations/Administrative 0 0.00% Anglo Native American Asian/Pacific Islander Other Unknown TOTAL 2 5.88% 13 38.24% 1 2.94% 0 0.00% 0 0.00% 1 2.94% 34 Table 11.15 Education Status: Juveniles Transferred FY10 Enrolled 13 Not Enrolled 10 38.24% 29.41% 0.00% Suspended 0 0.00% Withdrawn 0 0.00% Graduated 0 0.00% GED Program 2 5.88% Unknown 9 26.47% 32 94.12% Misdemeanor 2 5.88% Administrative 0 0.00% TOTAL 100.0 Table 11.16 Number of Prior Referrals: Juveniles Transferred FY10 0 5 14.71% 1 8.82% 3 100.0 Felony 0 34 34 Table 11.18 Offense Class of Most Serious Offense: Juveniles Transferred FY10 100.0 Expelled TOTAL TOTAL 2 2 5.88% 3 4 11.76% 4 2 5.88% 5 2 5.88% 6 3 8.82% 7 1 2.94% 8 or more 12 35.29% TOTAL 34 100.0 For FY03 through FY10 data, refer to the graph on page 6. 32 34 100.0 This page intentionally left blank. 15B GENDER FY10 GENDER 16B JUVENILES REFERRED IN FY10 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 FY10 45B Initiative: Florence Crittendon Roundtable 2005. This 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 FY10. This was first published in Juveniles Processed FY04 and has been replicated annually since. Over the last two decades, increasing attention has been paid to girls in the juvenile justice system. There was concern, 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 of males and females arrested have been constant Traditionally, males are 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 tables indicate males continue to account for a large proportion of offenses. 33 Female Male Referral 34.20% 65.80% Detention 22.55% 77.45% Diversion 39.25% 60.75% Petitioned 25.10% 74.90% Dismissed 19.86% 70.14% Penalty Only 26.25% 73.75% Standard Probation 23.22% 76.78% JIPS 12.76% 87.24% ADJC 11.72% 89.28% Direct Filed 8.40% 91.60% Transferred 2.94% 97.06% GENDER FY10 Average Age For the juveniles referred in FY10, females entered the juvenile justice system for the first time at the same age as males (average age of 14.4 for females compared to 14.0 for males). This is consistent for several years. 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 (26.3%); status (19.0%); and misdemeanors against property (24.4%). On the other hand, apart from public peace offenses (24.7%), 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 consistently make up a greater percentage of the total referral offenses for males than for females. Since FY05 the proportion of both gender’s felonies remained fairly stable. The female proportions have a range from 14.8% in FY10 to 17.7% in FY06, while male proportions have a range from 35.3% in FY06 to 37.5% in FY08. Table 12.2 Average Age at First Referral FY10 Female 14.39 Male 14.01 65.8% TOTAL 100.0 34.2% Table 12.3 Severity of Most Serious Referral Offense: Percentage By Gender FY10 Female Male Felonies Against Person 2.2% 5.9% Felonies Against Property 2.9% 10.1% 6.3% 9.9% Obstruction of Justice: Fel. & Misd. Misdemeanors Against Person 10.6% 8.7% 7.6% 15.2% Public Peace: Fel. & Misd. 26.3% 24.7% Misdemeanors Against Property 24.4% 13.9% Status Offenses 19.0% 10.8% Administrative 0.8% 0.8% Drugs: Fel. & Misd. TOTAL 100.0 100.0 Table 12.4 Offense Type of Most Serious Referral Offense: Percentage By Gender FY2006 to FY2010 Female Male Felony 2006 (17.7%) (35.3%) 2007 (17.4%) (36.2%) 2008 (15.8%) (37.5%) 2009 (15.6%) (37.1%) 2010 (14.8%) (35.8%) 2006 (50.8%) (45.3%) 2007 (52.0%) (44.9%) 2008 (56.8%) (45.0%) 2009 (59.4%) (46.6%) 2010 (62.6%) (47.9%) Misdemeanor 34 GENDER FY10 Court Funded Treatment Received Table 12.5 Juveniles Referred in FY10 Who Received Court Funded Treatment (Tx) in FY10 Total Rec’d Court Referred Funded Tx Female Male TOTAL % 14,036 2,797 19.9% 27,004 6,582 24.4% 41,040 22.9% 9,379 Table 12.6 FY10 Treatment Expenditures by Category Percentage of Total Dollars Spent % Female % Male Ancillary Services 2.8% 4.7% Behavioral Support Service 0.0% 0.0% Competency Restoration 0.6% 1.3% Delinquency Prevention 10.7% 6.1% Evaluation and Diagnosis 8.3% 8.9% Foster Home 0.5% 0.4% Functional Family Therapy 0.7% 0.7% Out-of-Home 53.6% 41.2% Outpatient 7.2% 6.4% R.A.F.T. 0.0% 0.1% Sex Offender 1.8% 23.0% 13.6% 7.2% 100.0% 100.0% $2,521,224.07 $8,020,769.67 Substance Abuse TOTAL TOTAL EXPENDITURE Referrals by Gender 40,000 35,000 32,075 32,426 30,906 30,000 30,339 27,004 25,000 20,000 16,320 16,251 15,843 15,616 15,000 14,036 10,000 2006 2007 Male 2008 2009 2010 Female 35 Of the 14,036 females referred in FY10, 19.9% received court funded treatment services during the year compared to 24.4% of the males. On average, $901.40 was spent on court funded treatment for females and $1,218.59 was spent on males through the Juveniles Probation Services Fund (JPSF). The largest allocation of treatment monies for both males (41.2%) and females (53.6%) 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 (23.0%) and for females it was substance abuse treatment (13.6%). This page intentionally left blank. 17B JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY10 NOTES 18B JUVENILES PROCESSED FY10 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 FY10” and “County: Direct Filed and Transferred to Adult Court FY10". 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. U U 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. U U 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. U U Misdemeanor against person - Assault, simple assault, domestic violence, endangerment, threatening intimidation, lewd and lascivious acts, unlawful imprisonment. U U 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. U U 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. U U Misdemeanors against property - Criminal damage, issue bad check, shoplifting, and theft. U U Status Offenses - Curfew, incorrigible, liquor possession, runaway, tobacco possession, truancy. U U Administrative - Court hold, courtesy hold, immigration, sovereignty, traffic, warrant. U U 36 JUVENILES PROCESSED IN THE ARIZONA COURT SYSTEM IN FY10 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 $1000. 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 FY10 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 FY10 GLOSSARY 19B 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. U U 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. U U 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/her 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 FY10 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 fourteen 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 fifteen 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 FY10 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 eight and seventeen. Multiple referrals typically signal high risk, even when the referrals are for numerous incorrigible or relatively minor offenses. Standard Probation. A program of 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. 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.azcourts.gov/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.