Arizona’s Juvenile Court Counts Statewide Statistical Information FY2011 JULY 1, 2010 - JUNE 30, 2011 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 David P. Redpath, Research Manager Margarita Aguilera, Business Analyst Elizabeth Simpson, Research Specialist Kathy Gillmore, Administrative Assistant Special thanks to the JOLTS Coordinators, Directors, and staff for their diligence in ensuring quality data for this report. ARIZONA’S JUVENILE COURT COUNTS, FY11 CONTENTS Introduction and Trends .................................................................................. 1 Referral Counts ................................................................................................ 7 Juveniles Referred ................................................................................... 7 Juveniles Detained ................................................................................ 12 Juveniles Diverted ................................................................................. 16 Petition Counts............................................................................................... 20 Juveniles with Petitions Filed .................................................................. 20 Juveniles with Dispositions of Dismissed.................................................. 24 Juveniles with Dispositions of Penalty Only .............................................. 28 Juveniles with Dispositions to Standard Probation .................................... 32 Juveniles with Dispositions to JIPS .......................................................... 36 Selected Topics .............................................................................................. 40 ADJC ................................................................................................... 40 ADJC & AOC Comparison ....................................................................... 44 Direct Filed and Transferred ................................................................... 46 Direct Filed in Adult Court ...................................................................... 47 Transferred to Adult Court .................................................................... 51 Sex ...................................................................................................... 55 Notes & Glossary of Juvenile Justice Terms ................................................. 58 i ARIZONA’S JUVENILE COURT COUNTS, FY11 LIST OF TABLES & GRAPHS Introduction & Trends Juvenile Justice Flowchart ............................................................................................ 3 Arizona Juvenile Court Activity FY11 .............................................................................. 4 Arizona Juvenile Population Estimates and Projections: Ages 8 – 17, 2006-2021 ............. 4 The Number of Juveniles Dispositioned to Probation, Intensive Probation, ADJC and Adult Court: Fiscal Years 2004 - 2011 ........................................................... 5 Referrals, Petitions Filed, Juveniles Referred and Petitioned, FY 2004 - 2011 ................... 5 Pathways for Juveniles Transferred and/or Direct Filed in Adult Court: FY 2004 - 2011..... 6 Juveniles Referred 1.1 County................................................................................................................... 7 1.2 Sex........................................................................................................................ 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 1.11 Sex by County .................................................................................................... 10 1.12 Age by County.................................................................................................... 10 1.13 Race by County .................................................................................................. 11 1.14 Delinquency Risk Level…………….………………………………………………………………………11 Juveniles Detained 2.1 County................................................................................................................. 12 2.2 Sex...................................................................................................................... 12 2.3 Age ..................................................................................................................... 13 2.4 Ethnicity .............................................................................................................. 13 2.5 Education Status .................................................................................................. 13 2.6 Number of Prior Referrals ..................................................................................... 13 2.7 Severity of Most Serious Offense ........................................................................... 13 2.8 Offense Class of Most Serious Offense ................................................................... 13 Graph: Five Year Trend .............................................................................................. 13 2.9 Sex by County ...................................................................................................... 14 2.10 Age by County.................................................................................................... 14 2.11 Race by County .................................................................................................. 15 2.12 Delinquency Risk Level ....................................................................................... 15 Juveniles Diverted 3.1 County................................................................................................................. 16 3.2 Sex...................................................................................................................... 16 3.3 Age ..................................................................................................................... 16 3.4 Ethnicity .............................................................................................................. 17 3.5 Education Status .................................................................................................. 17 3.6 Number of Prior Referrals ..................................................................................... 17 3.7 Severity of Most Serious Offense ........................................................................... 17 3.8 Offense Class of Most Serious Offense ................................................................... 17 Graph: Five Year Trend .............................................................................................. 17 3.9 Sex by County ...................................................................................................... 18 3.10 Age by County.................................................................................................... 18 3.11 Race by County .................................................................................................. 19 3.12 Delinquency Risk Level…………….………………………………………………………………………19 ii Juveniles with Petitions Filed 4.1 County................................................................................................................. 20 4.2 Sex...................................................................................................................... 20 4.3 Age ..................................................................................................................... 20 4.4 Ethnicity .............................................................................................................. 21 4.5 Education Status .................................................................................................. 21 4.6 Number of Prior Referrals ..................................................................................... 21 4.7 Severity of Most Serious Offense ........................................................................... 21 4.8 Offense Class of Most Serious Offense ................................................................... 21 Graph: Five Year Trend .............................................................................................. 21 4.9 Sex by County ...................................................................................................... 22 4.10 Age by County.................................................................................................... 22 4.11 Race by County .................................................................................................. 23 4.12 Delinquency Risk Level…………….………………………………………………………………………23 Juveniles with Disposition of Dismissed 5.1 County................................................................................................................. 24 5.2 Sex...................................................................................................................... 24 5.3 Age ..................................................................................................................... 24 5.4 Ethnicity .............................................................................................................. 25 5.5 Education Status .................................................................................................. 25 5.6 Number of Prior Referrals ..................................................................................... 25 5.7 Severity of Most Serious Offense ........................................................................... 25 5.8 Offense Class of Most Serious Offense ................................................................... 25 Graph: Five Year Trend .............................................................................................. 25 5.9 Sex by County ...................................................................................................... 26 5.10 Age by County.................................................................................................... 26 5.11 Race by County .................................................................................................. 27 5.12 Delinquency Risk Level…………….………………………………………………………………………27 Juveniles with Dispositions of Penalty Only 6.1 County................................................................................................................. 28 6.2 Sex...................................................................................................................... 28 6.3 Age ..................................................................................................................... 28 6.4 Ethnicity .............................................................................................................. 29 6.5 Education Status .................................................................................................. 29 6.6 Number of Prior Referrals ..................................................................................... 29 6.7 Severity of Most Serious Offense ........................................................................... 29 6.8 Offense Class of Most Serious Offense ................................................................... 29 Graph: Five Year Trend .............................................................................................. 29 6.9 Sex by County ...................................................................................................... 30 6.10 Age by County.................................................................................................... 30 6.11 Race by County .................................................................................................. 31 6.12 Delinquency Risk Level…………….………………………………………………………………………31 Juveniles with Dispositions to Standard Probation 7.1 County................................................................................................................. 32 7.2 Sex...................................................................................................................... 32 7.3 Age ..................................................................................................................... 32 7.4 Ethnicity .............................................................................................................. 33 7.5 Education Status .................................................................................................. 33 7.6 Number of Prior Referrals ..................................................................................... 33 7.7 Severity of Most Serious Offense ........................................................................... 33 7.8 Offense Class of Most Serious Offense ................................................................... 33 Graph: Five Year Trend .............................................................................................. 33 7.9 Sex by County ...................................................................................................... 34 7.10 Age by County.................................................................................................... 34 7.11 Race by County .................................................................................................. 35 7.12 Delinquency Risk Level…………….………………………………………………………………………35 iii Juveniles with Dispositions to JIPS 8.1 County................................................................................................................. 36 8.2 Sex...................................................................................................................... 36 8.3 Age ..................................................................................................................... 36 8.4 Ethnicity .............................................................................................................. 37 8.5 Education Status .................................................................................................. 37 8.6 Number of Prior Referrals ..................................................................................... 37 8.7 Severity of Most Serious Offense ........................................................................... 37 8.8 Offense Class of Most Serious Offense ................................................................... 37 Graph: Five Year Trend .............................................................................................. 37 8.9 Sex by County ...................................................................................................... 38 8.10 Age by County.................................................................................................... 38 8.11 Race by County .................................................................................................. 39 8.12 Delinquency Risk Level…………….………………………………………………………………………39 Juveniles with Dispositions to ADJC 9.1 County................................................................................................................. 40 9.2 Sex...................................................................................................................... 40 9.3 Age ..................................................................................................................... 41 9.4 Ethnicity .............................................................................................................. 41 9.5 Education Status .................................................................................................. 41 9.6 Number of Prior Referrals ..................................................................................... 41 9.7 Severity of Most Serious Offense ........................................................................... 41 9.8 Offense Class of Most Serious Offense ................................................................... 41 Graph: Five Year Trend .............................................................................................. 41 9.9 Sex by County ...................................................................................................... 42 9.10 Age by County.................................................................................................... 42 9.11 Race by County .................................................................................................. 43 9.12 Delinquency Risk Level…………….………………………………………………………………………43 ADJC & AOC Comparison Graph: Juveniles Originally Committed, FY 2009 – FY 2011 .......................................... 44 10.1 Commitments FY11 ............................................................................................ 44 10.2 Commitments FY10 ............................................................................................ 45 10.3 Commitments FY09 ............................................................................................ 45 Juveniles Direct Filed in and Transferred to Adult Court 11.1 Pathways for Juveniles Filed in Adult Court .......................................................... 46 11.2 County: Direct Filed in and Transferred to Adult Court ......................................... 46 Juveniles Direct Filed in Adult Court 11.3 County ............................................................................................................... 47 11.4 Sex .................................................................................................................... 47 11.5 Age ................................................................................................................... 47 11.6 Ethnicity ............................................................................................................ 48 11.7 Education Status ................................................................................................ 48 11.8 Number of Prior Referrals ................................................................................... 48 11.9 Severity of Most Serious Offense ......................................................................... 48 11.10 Offense Class of Most Serious Offense ............................................................... 48 Graph: Five Year Trend .............................................................................................. 48 11.11 Sex by County .................................................................................................. 49 11.12 Age by County .................................................................................................. 49 11.13 Race by County ................................................................................................ 50 11.14 Delinquency Risk Level...................................................................................... 50 Juveniles Transferred to Adult Court 11.15 County ............................................................................................................. 51 11.16 Sex .................................................................................................................. 51 11.17 Age.................................................................................................................. 51 11.18 Ethnicity ........................................................................................................... 52 11.19 Education Status............................................................................................... 52 iv 11.20 Number of Prior Referrals ................................................................................. .52 11.21 Severity of Most Serious Offense ....................................................................... 52 11.22 Offense Class of Most Serious Offense ............................................................... 52 Graph: Five Year Trend .............................................................................................. 52 11.23 Sex by County .................................................................................................. 53 11.24 Age by County .................................................................................................. 53 11.25 Race by County ................................................................................................ 54 11.26 Delinquency Risk Level...................................................................................... 54 Sex 12.1 Percentage of Each Sex at Stages in the Juvenile Justice System ........................... 55 12.2 Average Age at First Referral............................................................................... 55 12.3 Severity of the Most Serious Referral Offense ....................................................... 56 12.4 Offense Type of Most Serious Referral Offense ..................................................... 56 12.5 Juveniles Referred Who Received Treatment ........................................................ 57 12.6 Treatment Expenditures ...................................................................................... 57 Graph: Referrals by Sex.............................................................................................. 57 v Introduction & Trends for Arizona’s Juvenile Court Counts FY04-FY11 Introduction & Trends FY 2011 ARIZONA’S JUVENILE COURT COUNTS IN FY11 INTRODUCTION & TRENDS 21 0B This is the first publication of Arizona’s Juvenile Court Counts. However the methodology for calculating information is identical to the data book published by the Juvenile Justice Services Division (JJSD) of the Administrative Office of the Courts (AOC) for the previous seventeen years; Juveniles Processed in the Arizona Court System. The data for this report are extracted each year from the Juvenile On-Line Tracking Systems (JOLTS) and Integrated Court Information System (ICIS). JOLTS is the automated juvenile court information management system which has been operational and used by fourteen counties statewide for more than seventeen years. After using JOLTS for more than 25 years Maricopa County upgraded to their new ICIS system July 1st 2008. Data from both JOLTS and iCIS was extracted on August 28th 2011. 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 2011 (FY11), July 1, 2010 - June 30, 2011. Selected breakdowns of unduplicated juvenile counts1 are presented at the following stages: ƒ ƒ ƒ ƒ ƒ ƒ ƒ Referral Detention Diversion Petition Dismissed Penalty Only Standard Probation ƒ ƒ ƒ ƒ 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 Sex 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 sex, race, 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 New data reported this year include key demographic breakouts of sex, age and race at the county level for each chapter as well as statewide percentage of youth at each risk level at each stage. 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 FY11. 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 FY11 are included in the reporting. The number of juveniles progressing through 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 2011, 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 increases in juvenile population. The population of juveniles between the ages of eight to seventeen has increased over 10% from FY06 through FY11. Juveniles referred and petitioned along with overall numbers of referrals and petitions are down in each category over the same time frame. 1 ARIZONA’S JUVENILE COURT COUNTS FY11 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 FY11 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 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 FY00 through FY10 and are all available on the Arizona Supreme Court, Juvenile Justice Services Division (JJSD) website at http://www.azcourts.gov/jjsd. U 2 U ARIZONA’S JUVENILE COURT COUNTS IN FY11 3 ARIZONA’S JUVENILE COURT COUNTS FY11 Arizona Juvenile Court Activity FY11 Intake: Received by Probation Department 54,610 Referrals 36,639 Juveniles Diversion 18,863 Referrals 17,109 Juveniles Dismissed 7,023 Referrals 5,802 Juveniles Referrals (Physical ) 10,077 Referrals 7,629 Juveniles Referrals (Paper) 44,533 Referrals 32,680 Juveniles Petitions Filed 21,897 Petition 12,805 Juveniles Transfer to Adult Court 25 Referrals 24 Juveniles Penalty Only 373 Referrals 344 Juveniles Standard Probation 10,917 Referrals 7,793 Juveniles Direct Filed in Adult Court 374 Referrals 393 Juveniles JIPS 2,724 Referrals 1,449 Juveniles ADJC 1,004 Referrals 703 Juveniles Data Source: Arizona Supreme Court, Administrative Office of the Courts, Juvenile Justice Services Division; JOLTS/ICIS Research Extract FY2011 U Az Juvenile Population Estimates & Projections: Ages 8-17 2006-2021 1,300,000 1,197,057 1,175,401 1,153,348 1,131,034 1,105,756 1,079,060 1,024,536 999,146 975,022 951,610 930,595 910,758 500,000 892,696 700,000 879,398 900,000 1,051,255 1,100,000 863,587 U 300,000 100,000 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2006-2021 Population Estimates: Arizona Department of Economic Security, Research Administration, Population Statistics Unit. 4 ARIZONA’S JUVENILE COURT COUNTS FY11 The Number of Juveniles Dispositioned to Probation, Intensive Probation, ADJC and Adult Court - Fiscal Years 2004 - 2011 12,000 10,524 10,043 10,000 10,157 10,066 10,211 9,821 9,351 7,793 8,000 6,000 4,000 2,193 2,265 2,000 863 884 0 555 518 FY04 FY05 2,069 2,023 1,967 1,869 1,568 833 926 924 848 751 588 605 625 FY06 FY07 Standard Probation FY08 Intensive Probation 611 FY09 ADJC 1,449 703 364 427 FY10 FY11 Adult Court Referrals, Petitions Filed and Juveniles Referred and Petitioned Fiscal Years 2004 - 2011 90,000 75,000 76,051 73,116 86,617 72,347 69,976 68,902 60,822 60,000 49,878 54,610 48,436 48,677 48,395 45,000 30,000 15,000 46,749 45,955 41,040 31,008 18,799 30,066 18,329 30,547 30,425 17,958 18,055 30,555 17,974 28,336 16,945 24,074 14,307 36,639 21,897 12,805 0 FY04 FY05 Referrals FY06 FY07 Juveniles Referred 5 FY08 Petitions FY09 FY10 FY11 Juveniles Petitioned ARIZONA’S JUVENILE COURT COUNTS FY11 Pathways for Juveniles Transferred and/or Direct Filed in Adult Court Fiscal Years 2004 - 20111 300 263 246 250 200 200 245 224 179 185 150 238 187 181 142 188 153 152 106 99 93 100 81 78 61 63 63 50 72 64 39 0 28 FY04 Transfer 153 14 FY05 55 38 27 FY06 FY07 Mandatory FY08 Mandatory-Prior 6 72 45 25 FY09 Chronic 57 34 31 FY10 72 24 26 FY11 Discretionary FY 2011 Juveniles Referred Juveniles Detained Juveniles Diverted Referral Counts Referral Counts for Juveniles in the Arizona Court System JUVENILES REFERRED IN THE ARIZONA COURT SYSTEM IN FY11 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 shows the distribution of youth across counties in Arizona. Demographic and offense specific information are presented in subsequent tables. 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 FY11. 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 2011, there were approximately 951,610 juveniles ages eight to seventeen in Arizona. From July 1, 2010 to June 31, 2011, 3.9% of these juveniles (36,639) were referred at least once to Arizona’s juvenile courts. This represents about 1 in every 26 juveniles. These 36,639 juveniles generated 54,610 referrals, an average of 1.5 referrals per juvenile. Table 1.1 County: Juveniles Referred FY11 Apache 158 0.43% Cochise 977 2.67% Coconino 953 2.60% 20B Gila 535 Graham 338 0.92% Greenlee 88 0.24% La Paz Maricopa Mohave Navajo 97 0.26% 19,080 52.08% 1,656 4.52% 724 1.98% Pima 6,591 17.99% Pinal 1,741 4.75% Santa Cruz 441 1.20% Yavapai 1,341 3.66% Yuma 1,919 5.24% TOTAL 36,639 100.00% Table 1.2 Sex: Juveniles Referred FY11 Male 24,270 66.24% Female 12,369 33.76% 2 0% 36,639 100.00% Unknown TOTAL Table 1.3 Age: Juveniles Referred FY11 8 131 0.36% 9 211 0.58% 10 335 0.91% 11 732 2.00% 12 1,511 4.12% 13 2,939 8.02% 14 4,949 13.51% 15 7,031 19.19% 16 8,324 22.72% 17 10,221 27.90% 255 0.70% 36,639 100.00% Unknown TOTAL 7 1.46% JUVENILES REFERRED IN THE ARIZONA COURT SYSTEM IN FY11 Table 1.4 Race: Juveniles Referred FY11 Hispanic African American 14,158 38.64% 3,297 9.00% 16,101 43.94% 2,023 5.52% Other 123 0.34% Unknown 653 1.78% Asian/Pacific Islander 284 0.78% Anglo Native American TOTAL 36,639 100.00% Table 1.7 Severity of Most Serious Offense: Juveniles Referred FY11 Felonies Against Person 1,894 5.17% Felonies Against Property 2,702 7.37% Obstruction of Justice: Felony & Misdemeanor 3,245 Misdemeanors Against Person 3,554 9.70% Drugs: Felony & Misdemeanor 5,212 14.23% Public Peace: Felony & Misdemeanor 9,167 25.02% Misdemeanors Against Property 5,984 16.33% Status Offenses 4,584 12.51% 297 0.81% 36,639 100.00% Administrative Table 1.5 Education Status: Juveniles Referred FY11 Enrolled 20,643 56.34% Not Enrolled 1,451 3.96% Expelled 113 0.31% Suspended 128 0.35% Withdrawn 211 0.58% Graduated 151 0.41% GED Program 18 0.05% Unknown 13,924 38.00% TOTAL 36,639 100.00% Table 1.6 Number of Prior Referrals: Juveniles Referred FY11 0 18,541 50.60% 1 6,604 18.02% 2 3,453 9.42% 3 2,071 5.65% 4 1,414 3.86% 5 979 2.67% 6 760 2.07% 7 608 1.66% 2,209 6.03% 36,639 100.00% 8 or more TOTAL TOTAL 8.86% Table 1.8 Offense Class of Most Serious Offense: Juveniles Referred FY11 Felony 11,268 30.75% Misdemeanor 19,040 51.97% Violations of Probation & Ordinances 1,454 3.97% Status 4,580 12.50% Other 297 0.81% TOTAL 36,639 100.00% Juveniles Referred 60,000 46,749 50,000 48,677 45,955 40,000 41,040 36,639 30,000 FY07 FY08 FY09 FY10 For FY04 through FY11 data, refer to the graphs on page 5. 8 FY11 JUVENILES REFERRED IN THE ARIZONA COURT SYSTEM IN FY11 Table 1.9 Top Ten Referral Categories FY11 Shoplifting - Misdemeanor Probation Violation Alcohol Disorderly Conduct Runaway Marijuana Possession Truancy Drug Paraphernalia Curfew Assault – Simple 5,686 5,575 4,302 3,440 3,304 2,745 2,554 2,453 2,425 2,014 10.41% 10.21% 7.88% 6.30% 6.05% 5.03% 4.68% 4.49% 4.44% 3.69% TOTAL TOP TEN REFERRALS 34,498 63.17% TOTAL ALL REFERRALS 54,610 100.00% Table 1.10 Top Ten Referral Categories for Previous Fiscal Years FY2007 Probation Violation 7,055 Truancy 5,505 Shoplifting – Misd 5,136 Curfew 4,206 Runaway FY2008 Probation Violation FY2009 Shoplifting - Misd FY2010 Shoplifting - Misd 6,628 Shoplifting - Misd 7,308 Probation Violation 6,734 Probation Violation 6,323 Truancy 6,362 Runaway 4,394 Runaway 4,556 Curfew 4,318 Runaway 4,242 Curfew 6,118 Alcohol 4,131 3,702 Alcohol Curfew Alcohol 3,980 Marijuana Possession 3,557 Disorderly Conduct Alcohol 3,259 Marijuana Possession Truancy 3,366 Assault -Simple 2,403 3,108 Drug Paraphernalia 2,492 3,275 Drug Paraphernalia 2,362 Disorderly Conduct Disorderly Conduct Disorderly Conduct 4,136 Marijuana Possession 3,746 2,243 Assault – Domestic Violence 1,792 3,881 3,296 2,373 Assault-Simple 3,053 Marijuana Possession 2,985 Truancy 3,275 Drug Paraphernalia 2,326 Assault-Simple 2,064 2,100 Cells indicate the number of referrals for each offense. 9 2,282 Assault-Simple 1,947 In FY11, 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 JUVENILES REFERRED IN THE ARIZONA COURT SYSTEM IN FY11 In Tables 1.11-1.13 county specific breakouts of the key demographic variables of sex, age and race are presented. Table 1.14 gives a percentage of youth by delinquency risk level. That is youth who were identified as having a low, medium, or high risk level to reoffend on their first referral to the juvenile court in the fiscal year based on the delinquency risk assessment. Table 1.11 Sex by County: Juveniles Referred FY11 Male Female Total % of Total Apache 104 54 158 0.43% Cochise 656 321 977 2.67% Coconino 653 300 953 2.60% Gila 378 157 535 1.46% Graham 217 121 338 0.92% Greenlee 62 26 88 0.24% La Paz 70 27 97 0.26% 12,636 6,444 19,080 52.08% 1,093 563 1,656 4.52% 456 268 724 1.98% Pima 4,336 2,255 6,591 17.99% Pinal 1,206 535 1,741 4.75% Santa Cruz 290 151 441 1.20% Yavapai 865 476 1,341 3.66% 1,249 670 1,919 5.24% 36,639 100.00% Maricopa Mohave Navajo Yuma TOTAL 24,271 12,368 Table 1.12 Age by County: Juveniles Referred FY11 8 9 10 11 12 13 14 15 16 17 Unknown Total % of Total Apache 3 0 2 5 6 13 30 26 37 34 2 158 0.43% Cochise 1 4 14 24 50 86 122 188 231 255 2 977 2.67% Coconino 2 7 7 21 35 86 141 167 218 262 7 953 2.60% Gila 6 2 9 8 22 29 68 98 113 172 8 535 1.46% Graham 3 2 5 9 16 24 57 66 60 94 2 338 0.92% Greenlee 0 0 0 1 5 7 15 18 20 22 0 88 0.24% La Paz 0 0 1 2 6 3 8 22 21 30 4 97 0.26% Maricopa 27 65 133 329 710 1,420 2,596 3,785 4,462 5,457 96 19,080 52.08% Mohave 10 10 16 31 89 166 237 290 357 436 14 1,656 4.52% Navajo 2 5 5 11 22 48 95 140 175 214 7 724 1.98% Pima 17 39 64 139 335 614 875 1,218 1,481 1,755 54 6,591 17.99% Pinal 7 12 20 41 73 141 247 317 394 461 28 1,741 4.75% Santa Cruz 0 2 3 7 11 25 44 64 115 162 8 441 1.20% Yavapai 5 8 12 34 55 98 173 292 286 370 8 1,341 3.66% Yuma 48 55 44 70 76 179 241 340 354 497 15 1,919 5.24% TOTAL 131 211 335 732 1,511 2,939 4,949 7,031 8,324 10,221 255 36,639 100.00% 10 JUVENILES REFERRED IN THE ARIZONA COURT SYSTEM IN FY11 Table 1.13 Race by County: Juveniles Referred FY11 African Hispanic Anglo American Native American Asian/PI Other Unknown Total % of Total Apache 25 0 93 35 0 1 4 158 0.43% Cochise 384 82 477 17 8 0 9 977 2.67% Coconino 156 32 353 407 4 1 0 953 2.60% Gila 106 5 354 63 3 0 4 535 1.46% Graham 83 8 223 21 0 1 2 338 0.92% Greenlee 16 3 64 3 0 0 2 88 0.24% La Paz 25 2 65 3 1 0 1 97 0.26% 7,119 2,312 8,252 645 180 69 503 19,080 52.08% Mohave 217 32 1368 29 2 1 7 1656 4.52% Navajo 72 21 355 251 2 2 21 724 1.98% Pima 3,223 505 2,375 309 56 40 83 6591 17.99% Pinal 633 214 736 136 9 7 6 1741 4.75% Santa Cruz 428 1 12 0 0 0 0 441 1.20% Yavapai 216 27 1029 48 11 0 10 1341 3.66% Yuma 1,455 53 345 56 8 1 1 1919 5.24% TOTAL 14,158 3,297 16,101 2,023 284 123 653 36,639 100.00% Maricopa Table 1.14 Delinquency Risk Level: Juveniles Referred FY11 Low Medium High TOTAL 45.0% 26.2% 28.8% 100.00% 11 This page intentionally left blank. JUVENILES DETAINED IN THE ARIZONA COURT SYSTEM IN FY11 JUVENILES DETAINED 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. 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 FY11 Apache 82 0.98% Cochise 232 2.78% 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. 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 well as in the data of the county 12 Coconino 184 2.21% Gila 141 1.69% Graham 124 1.49% Greenlee 28 0.34% La Paz 6 0.07% 4,028 48.30% Mohave 349 4.18% Navajo 171 2.05% Pima 951 11.40% Pinal 743 8.91% Santa Cruz 127 1.52% Yavapai 449 5.38% Yuma 725 8.69% TOTAL 8,340 100.00% Maricopa In FY11, 8,340 juveniles were detained at least once. Only 5,341 (64.0%) 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 5,341 juveniles that were detained on a referral (physical referral) represent 14.6% of the juveniles referred to the juvenile court in FY11. Over the past few years, juveniles detained have decreased from a high of 12,107 in FY07 to the low of 8,340 this year in spite of increased populations. Table 2.2 Sex: Juveniles Detained FY11 Male 6,432 Female 1,908 22.88% TOTAL 8,340 100.0% 77.12% JUVENILES DETAINED IN THE ARIZONA COURT SYSTEM IN FY11 Table 2.3 Age: Juveniles Detained FY11 8 5 0.06% 9 5 0.06% 10 20 0.24% 11 70 0.84% 12 144 1.73% 13 407 4.88% 14 948 11.37% 15 1,565 18.76% 16 2,178 26.12% 17 2,965 35.55% 33 0.40% 8,340 100.00% Unknown TOTAL African American Anglo Native American 3,711 44.50% 933 11.19% 3,058 36.67% 554 18.84% 1,121 20.99% Misdemeanors Against Person 675 12.64% Drugs: Felony & Misdemeanor 589 11.03% Public Peace: Felony & Misdemeanor 697 13.05% Misdemeanors Against Property 255 4.77% Status Offenses 47 0.88% Administrative 64 1.20% 5,341 100.00% TOTAL Felony 2,812 52.65% Misdemeanor 1,689 31.62% 753 14.10% Violations of Probation & Ordinances Status 47 0.88% Other 40 0.75% TOTAL 5,341 100.00% 49 0.59% Other 17 0.20% Unknown 18 0.22% 8,340 1,006 Obstruction of Justice: Felony & Misdemeanor 6.64% Asian/Pacific Islander TOTAL Felonies Against Property Table 2.8 Offense Class of Most Serious Offense: Juveniles Detained FY11 Table 2.4 Race: Juveniles Detained FY11 Hispanic Table 2.7 Severity of Most Serious Offense: Juveniles Detained FY11 Felonies Against Person 887 16.61% 100.0 Table 2.5 Education Status: Juveniles Detained FY11 Enrolled 2,959 35.48% Not Enrolled 497 5.96% Expelled 54 0.65% Suspended 65 0.78% Withdrawn 86 1.03% Graduated 42 0.50% GED Program 13 0.16% Unknown 4,624 55.44% TOTAL 8,340 100.00% Table 2.6 Number of Prior Referrals: Juveniles Detained FY11 0 1,212 22.69% 1 760 14.23% 2 531 9.94% 3 516 9.66% 4 371 6.95% 5 326 6.10% 6 293 5.49% 7 239 4.47% 8 or more 1,093 20.46% TOTAL 5,341 100.00% 13 JUVENILES DETAINED IN THE ARIZONA COURT SYSTEM IN FY11 4B In Tables 2.9-2.11 county specific breakouts of the key demographic variables of sex, age and race are presented. Table 2.12 gives a percentage of youth by delinquency risk level. That is youth who were identified as having a low, medium, or high risk level to reoffend on their first referral to detention on a complaint in the fiscal year based on the delinquency risk assessment. Table 2.9 Sex by County: Juveniles Detained FY11 Male Female Total % of Total Apache 58 24 82 0.98% Cochise 168 64 232 2.78% Coconino 147 37 184 2.21% Gila 109 32 141 1.69% Graham 84 40 124 1.49% Greenlee 22 6 28 0.34% 6 0 6 0.07% 3172 856 4028 48.30% Mohave 250 99 349 4.18% Navajo 128 43 171 2.05% Pima 776 175 951 11.40% Pinal 566 177 743 8.91% 95 32 127 1.52% 314 135 449 5.38% La Paz Maricopa Santa Cruz Yavapai Yuma 537 188 725 8.69% TOTAL 6432 1908 8340 100.00% Table 2.10 Age by County: Juveniles Detained FY11 8 9 10 11 12 13 14 15 16 17 Unknown Total % of Total Apache 0 0 0 2 0 5 13 19 20 23 0 82 0.98% Cochise 0 0 0 2 4 10 25 50 62 77 2 232 2.78% Coconino 0 0 0 0 4 4 20 37 56 63 0 184 2.21% Gila 0 0 0 1 3 3 15 25 38 55 1 141 1.69% Graham 1 0 0 4 1 5 15 27 20 48 3 124 1.49% Greenlee 0 0 0 0 1 0 2 7 10 8 0 28 0.34% La Paz 0 0 0 0 0 0 0 0 1 5 0 6 0.07% Maricopa 3 3 12 34 61 177 443 747 1,081 1,450 17 4,028 48.30% Mohave 0 0 1 1 3 18 48 55 100 123 0 349 4.18% Navajo 1 0 0 1 5 4 25 25 42 68 0 171 2.05% Pima 0 0 0 6 19 49 91 168 252 362 4 951 11.40% Pinal 0 2 4 9 17 58 94 143 185 229 2 743 8.91% Santa Cruz 0 0 1 0 4 1 10 18 32 60 1 127 1.52% Yavapai 0 0 0 5 11 28 56 97 99 152 1 449 5.38% Yuma 0 0 2 5 11 45 91 147 180 242 2 725 8.69% TOTAL 5 5 20 70 144 407 948 1,565 2,178 2,965 33 8,340 100.00% 14 JUVENILES DETAINED IN THE ARIZONA COURT SYSTEM IN FY11 Table 2.11 Race by County: Juveniles Detained FY11 Hispanic African American Native American Anglo Asian/PI Other Unknown Total % of Total Apache 14 0 48 19 0 0 1 82 0.98% Cochise 116 17 96 2 0 0 1 232 2.78% Coconino 35 11 56 81 1 0 0 184 2.21% Gila 41 1 72 26 0 0 1 141 1.69% Graham 38 5 72 7 0 1 1 124 1.49% Greenlee 6 3 17 2 0 0 0 28 0.34% La Paz 2 0 4 0 0 0 0 6 0.07% 1,793 685 1,315 188 32 11 4 4,028 48.30% Mohave 58 11 277 3 0 0 0 349 4.18% Navajo 25 9 81 53 0 2 1 171 2.05% Pima 540 76 267 59 5 3 1 951 11.40% Pinal 332 81 264 58 5 0 3 743 8.91% Santa Cruz 125 0 1 1 0 0 0 127 1.52% 69 10 341 22 2 0 5 449 5.38% Yuma 517 24 147 33 4 0 0 725 8.69% TOTAL 3,711 933 3,058 554 49 17 18 8,340 100.00% Maricopa Yavapai Table 2.12 Delinquency Risk Level: Juveniles Detained FY11 Low 11.3% Medium 20.8% High 67.9% TOTAL 100.00% 15 JUVENILES DIVERTED IN THE ARIZONA COURT SYSTEM IN FY11 JUVENILES DIVERTED 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 FY11 Apache 36 0.21% Cochise 581 3.40% 2B Coconino 479 2.80% Gila 183 1.07% Graham 109 0.64% Greenlee 22 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 Diversion allows 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. Maricopa 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 FY11, there were 17,109 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. The trend line of juveniles referred over the last five years is visually displayed at the bottom of page 13. It is expected diverted juveniles would have less serious offenses and little or no prior referrals. Of the juveniles diverted in FY11: • • 67.05% had no prior referrals. 65.42% had a misdemeanor as the most serious offense. 0.20% 52.21% Mohave 737 4.31% Navajo 79 0.46% Pima 3,722 21.75% Pinal 506 2.96% Santa Cruz 138 0.81% Yavapai 821 4.80% Yuma 729 4.26% TOTAL 17,109 100.00% 35B Table 3.2 Sex: Juveniles Diverted FY11 Male 10,320 60.32% Female 39.68% TOTAL 6,789 17,109 100.0% Table 3.3 Age: Juveniles Diverted FY11 8 74 0.43% 9 125 0.73% 10 199 1.16% 11 434 2.54% 12 900 5.26% 13 1,696 9.91% 14 2,826 16.52% 15 3,596 21.02% 16 3,851 22.51% 17 3,406 19.91% 2 0.01% 17,109 100.0% Unknown TOTAL 16 34 8,933 JUVENILES DIVERTED IN THE ARIZONA COURT SYSTEM IN FY11 Table 3.4 Race: Juveniles Diverted FY11 Hispanic 6,634 38.77% African American 1,324 7.74% Anglo 7,822 45.72% Native American 776 Asian/Pacific Islander 173 Other Unknown TOTAL Table 3.7 of Most Serious Offense: Juveniles Diverted FY11 Felonies Against Person 120 277 1.62% 4.54% Obstruction of Justice: Felony & Misdemeanor 120 0.70% 1.01% Misdemeanors Against Person 1,820 10.64% Drugs: Felony & Misdemeanor 2,482 14.51% Public Peace: Felony & Misdemeanor 4,863 28.42% Misdemeanors Against Property 4,596 26.86% Status Offenses 2,810 16.42% 21 0.12% 17,109 100.0% 52 0.30% 328 1.92% 17,109 100.0% Table 3.5 Education Status: Juveniles Diverted FY11 Not Enrolled 11,215 65.55% 298 1.74% Expelled 38 0.22% Suspended 35 0.20% Withdrawn 45 0.26% Graduated 34 0.20% 2 0.01% 5,442 31.81% 17,109 100.0% GED Program Unknown TOTAL TOTAL Table 3.8 Offense Class of Most Serious Offense: Juveniles Diverted FY11 Felony Misdemeanor Violations of Probation & Ordinances Status Table 3.6 Number of Prior Referrals: Juveniles Diverted FY11 0 11,471 67.05% 1 3,529 20.63% 2 1,088 6.36% 3 431 2.52% 4 205 1.20% 5 104 0.61% 6 74 0.43% 7 8 or more TOTAL 0.70% Felonies Against Property Administrative Enrolled Severity 47 0.27% 160 0.94% 17,109 100.0% Other 3,006 17.57% 11,192 65.42% 80 0.47% 2,810 16.42% 19 0.11% 2 0.01% 18,779 100.0% Invalid Complaint TOTAL Juveniles Diverted 22,000 18,000 20,664 21,359 19,222 18,779 17,109 14,000 10,000 FY07 17 FY08 FY09 FY10 FY11 JUVENILES DIVERTED IN THE ARIZONA COURT SYSTEM IN FY11 Table 3.9 Sex by County: Juveniles Diverted FY11 Male Female Total Apache 17 19 36 0.21% Cochise 376 205 581 3.40% Coconino 297 182 479 2.80% Gila 118 65 183 1.07% Graham 59 50 109 0.64% Greenlee 12 10 22 0.13% La Paz 22 12 34 0.20% 5,295 3,638 8,933 52.21% Mohave 443 294 737 4.31% Navajo 44 35 79 0.46% Pima 2,358 1,364 3,722 21.75% Pinal 291 215 506 2.96% 86 52 138 0.81% Yavapai 497 324 821 4.80% Yuma 405 324 729 4.26% TOTAL 10,320 6,789 17,109 100.00% Maricopa Santa Cruz In Tables 3.9-3.11 county specific breakouts of the key demographic variables of sex, age and race are presented. Table 3.12 gives a percentage of youth by delinquency risk level. That is youth who were identified as having a low, medium, or high risk level to reoffend, within 12 months, on their first referral diverted in the fiscal year based on the delinquency risk assessment. % of Total Table 3.10 Age by County: Juveniles Diverted FY11 8 9 10 11 12 13 14 15 16 17 Unknown Total % of Total Apache 0 0 2 3 4 4 8 7 8 0 0 36 0.21% Cochise 1 4 9 18 33 58 80 108 132 138 0 581 3.40% Coconino 0 5 2 15 24 59 92 84 100 98 0 479 2.80% Gila 2 1 5 3 7 16 33 39 36 41 0 183 1.07% Graham 2 1 3 4 6 11 27 22 20 12 1 109 0.64% Greenlee 0 0 0 0 0 3 5 5 3 6 0 22 0.13% La Paz 0 0 1 0 1 0 4 7 8 13 0 34 0.20% 11 31 82 174 421 822 1,511 1,973 2,124 1,784 0 8,933 52.21% Mohave 6 8 11 16 60 89 131 136 152 128 0 737 4.31% Navajo 0 2 0 2 2 11 11 14 21 16 0 79 0.46% Pima 11 29 33 96 221 404 604 743 816 765 0 3,722 21.75% Pinal 4 2 7 20 30 49 80 109 115 90 0 506 2.96% Santa Cruz 0 0 0 4 2 18 17 34 36 27 0 138 0.81% Yavapai 4 5 10 26 37 66 111 189 183 190 0 821 4.80% Yuma 33 37 34 53 52 86 112 126 97 98 1 729 4.26% TOTAL 74 125 199 434 900 1,696 2,826 3,596 3,851 3,406 2 17,109 100.00% Maricopa 18 JUVENILES DIVERTED IN THE ARIZONA COURT SYSTEM IN FY11 Table 3.11 Race by County: Juveniles Diverted FY11 African Native Hispanic American Anglo American Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL Other Unknown Total 5 0 26 3 0 0 2 36 211 52 293 14 5 0 6 581 78 15 180 203 2 1 0 479 37 1 128 13 3 0 1 183 25 0 74 10 0 0 0 109 6 0 15 1 0 0 0 22 5 0 27 2 0 0 0 34 3338 909 4018 259 106 28 275 8,933 94 22 601 16 1 0 3 737 12 2 41 24 0 0 0 79 1810 231 1421 167 42 21 30 3,722 170 58 241 29 2 2 4 506 138 0 0 0 0 0 0 138 125 16 642 24 8 0 6 821 580 18 115 11 4 0 1 729 6,634 1,324 7,822 776 173 52 328 17,109 Table 3.12 Delinquency Risk Level: Juveniles Diverted FY11 Low 59.2% Medium 28.4% High 12.4% TOTAL Asian/PI 100.00% 19 % of Total 0.21% 3.40% 2.80% 1.07% 0.64% 0.13% 0.20% 52.21% 4.31% 0.46% 21.75% 2.96% 0.81% 4.80% 4.26% 100.00% FY 2011 Juvenile Court Counts Petitions in the Arizona Court System Petition Counts Juveniles with Petitions Filed Juveniles with Dispositions of Dismissed Juveniles with Dispositions of Penalty Only Juveniles with Dispositions to Standard Probation Juveniles with Dispositions to Juvenile Intensive Probation Supervision (JIPS) JUVENILES WITH PETITIONS FILED IN THE ARIZONA COURT SYSTEM IN FY11 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 or incorrigible 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. Arizona’s Juvenile Court Counts 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 12,805 juveniles with a petition filed during FY11. The relative rate of petitions is rather stable hovering around 35% of the juveniles referred. Although, the average age of juveniles receiving a petition is 15.36, 3 of 4 (75.0%) are between 15 and 17 years of age. Table 4.1 County: Petitions Filed FY11 Apache 86 0.67% Cochise 339 2.65% Coconino 379 2.96% Gila 261 2.04% Graham 193 1.51% Greenlee 59 0.46% La Paz 26 0.20% 6,008 46.92% Mohave 501 3.91% Navajo 372 2.91% Pima 1,905 14.88% Pinal 802 6.26% Santa Cruz 259 2.02% Yavapai 580 4.53% Maricopa Yuma 1035 8.08% TOTAL 12,805 100.0% Table 4.2 Sex: Petitions Filed FY11 Male 9,561 Female TOTAL 25.33% 12,805 100.0% Table 4.3 Age: Petitions Filed FY11 8 10 0.08% 9 25 0.20% 10 59 0.46% 11 184 1.44% 12 364 2.84% 13 869 6.79% 14 1,730 13.51% 15 2,575 20.11% 16 3,398 26.54% 17 3,583 27.98% Unknown TOTAL 20 74.67% 3,244 8 0.06% 12,805 100.0% JUVENILES WITH PETITIONS FILED IN THE ARIZONA COURT SYSTEM IN FY11 Table 4.4 Race: Petitions Filed FY11 Hispanic 5,423 42.35% African American 1,362 10.64% Anglo 4944 38.61% 909 7.10% 69 0.54% Native American Asian/Pacific Islander Other Unknown TOTAL 31 67 12,805 0.24% 0.52% 100.0 Table 4.5 Education Status: Petitions Filed FY11 Enrolled 7,204 56.26% Not Enrolled 986 7.70% Expelled 79 0.62% Suspended 106 0.83% Withdrawn 172 1.34% Graduated 83 0.65% GED Program 16 0.12% 4,159 32.48% Unknown TOTAL 12,805 100.0 Table 4.6 Number of Prior Referrals: Petitions Filed FY11 0 3,284 25.65% 1 2,123 16.58% 2 1,707 13.33% 3 1,335 10.43% 4 940 7.34% 5 718 5.61% 6 580 4.53% 7 455 3.55% 1,663 12.99% 8 or more TOTAL 12,805 Table 4.7 Severity of Most Serious Offense: Petitions Filed FY11 Felonies Against Person 1,165 9.10% Felonies Against Property 1,879 14.68% Obstruction of Justice: Felony & Misdemeanor 3,170 24.76% Misdemeanors Against Person 1,433 11.19% Drugs: Felony & Misdemeanor 1,904 14.87% Public Peace: Felony & Misdemeanor 1,512 11.81% Misdemeanors Against Property 1,562 12.20% Status Offenses 148 1.16% Administrative 31 0.24% TOTAL 12,805 100.0 Table 4.8 Offense Class of Most Serious Offense: Petitions Filed FY11 Felony 5,784 45.17% Misdemeanor 5,214 40.72% Violations of Probation & Ordinances 1,627 12.71% Status 148 1.16% Other 31 0.24% TOTAL 12,805 100.0 Juveniles Petitioned 25,000 20,000 100.0 17,958 16,945 17,974 15,000 12,805 14,307 10,000 FY07 FY08 FY09 FY10 For FY04 through FY11 data, refer to the graphs on page 5. 21 FY11 JUVENILES WITH PETITIONS FILED IN THE ARIZONA COURT SYSTEM IN FY11 6 Table 4.9 Sex by County: Juveniles Petitioned FY11 Male Female Total Apache 58 28 86 0.67% Cochise 245 94 339 2.65% Coconino 286 93 379 2.96% Gila 185 76 261 2.04% Graham 130 63 193 1.51% Greenlee 46 13 59 0.46% La Paz 24 2 26 0.20% 4,602 1,406 6,008 46.92% Mohave 372 129 501 3.91% Navajo 250 122 372 2.91% Pima 1,445 460 1,905 14.88% Pinal 584 218 802 6.26% Santa Cruz 193 66 259 2.02% Yavapai 408 172 580 4.53% Yuma 733 302 1,035 8.08% TOTAL 9,561 3,244 12,805 100.00% Maricopa In Tables 4.9-4.11 county specific breakouts of the key demographic variables of sex, age and race are presented. Table 4.12 gives a percentage of youth by delinquency risk level. That is youth who were identified as having a low, medium, or high risk level to reoffend, within 12 months, on the complaints associated with the first petition in the fiscal year based on the delinquency risk assessment. % of Total Table 4.10 Age by County: Juveniles Petitioned FY11 8 9 10 11 12 13 14 15 16 17 Unknown Total % of Total Apache 2 0 0 3 3 7 17 22 20 12 0 86 0.67% Cochise 0 1 1 6 10 30 50 78 91 71 1 339 2.65% Coconino 0 1 3 6 7 24 45 84 108 101 0 379 2.96% Gila 2 3 3 4 10 14 38 52 69 66 0 261 2.04% Graham 3 1 4 6 8 11 24 37 37 61 1 193 1.51% Greenlee 0 0 0 1 4 4 11 13 14 12 0 59 0.46% La Paz 0 0 0 0 2 2 1 7 7 7 0 26 0.20% Maricopa 0 4 16 82 162 372 755 1,220 1,652 1,742 3 6,008 46.92% Mohave 0 1 5 9 16 47 96 96 129 102 0 501 3.91% Navajo 1 1 4 4 9 24 51 79 96 102 1 372 2.91% Pima 1 6 11 23 63 138 247 356 508 552 0 1905 14.88% Pinal 0 3 6 16 19 65 140 163 208 182 0 802 6.26% Santa Cruz 0 0 2 3 3 6 28 37 63 115 2 259 2.02% Yavapai 0 2 0 9 20 35 90 122 141 161 0 580 4.53% Yuma 1 2 4 12 28 90 137 209 255 297 0 1,035 8.08% TOTAL 10 25 59 184 364 869 1,730 2575 3,398 3,583 8 12,805 100.0% 22 JUVENILES WITH PETITIONS FILED IN THE ARIZONA COURT SYSTEM IN FY11 Table 4.11 Race by County: Juveniles Petitioned FY11 Hispanic African American Native American Anglo Asian/PI Other Unknown Total % of Total Apache 15 0 48 22 0 0 1 86 0.67% Cochise 143 27 167 0 0 0 2 339 2.65% Coconino 66 17 125 169 2 0 0 379 2.96% Gila 54 3 166 36 0 0 2 261 2.04% Graham 56 6 118 11 0 1 1 193 1.51% Greenlee 11 3 41 2 0 0 2 59 0.46% La Paz 10 0 16 0 0 0 0 26 0.20% 2,561 963 2,100 282 48 16 38 6,008 46.92% Mohave 83 7 403 7 0 0 1 501 3.91% Navajo 36 16 191 123 0 2 4 372 2.91% Pima 958 175 634 113 8 8 9 1,905 14.88% Pinal 325 99 294 76 3 3 2 802 6.26% Santa Cruz 249 1 8 0 0 0 1 259 2.02% Yavapai 103 11 434 24 4 0 4 580 4.53% Yuma 753 34 199 44 4 1 0 1,035 8.08% TOTAL 5,423 1,362 4,944 909 69 31 67 12,805 100.0% Maricopa Table 4.12 Delinquency Risk Level: Juveniles Petitioned FY11 Low 21.2% Medium 24.4% High 54.4% TOTAL 100.00% 23 JUVENILES DISMISSED IN THE ARIZONA COURT SYSTEM IN FY11 JUVENILES DISMISSED B 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. 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 FY11 Apache 36 0.62% Cochise 92 1.59% 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. Other ways cases can be dismissed is when a case is transferred to another jurisdiction prior to adjudication or the County Attorney can file a motion to dismiss if a victim does not want further prosecution of a charge or witnesses are unavailable. Coconino 129 2.22% Gila 60 1.03% Graham 71 1.22% Greenlee 8 0.14% La Paz 17 0.29% 3,317 57.17% Mohave 203 3.50% Navajo 133 2.29% Pima 832 14.34% Pinal 340 5.86% Santa Cruz 133 2.29% Yavapai 149 2.57% Yuma 282 4.86% TOTAL 5,802 Maricopa 36B 100.0 Table 5.2 Sex: Disposition of Dismissed FY11 Male 4,083 70.36% Female 1,719 29.63% TOTAL 5,802 100.0 Table 5.3 Age: Disposition of Dismissed FY11 8 4 0.07% 9 19 0.33% 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. 10 40 0.69% 11 88 1.52% 12 154 2.65% 13 340 5.86% 14 667 11.50% 15 1,054 18.17% In FY11 we see 15.8% of all juveniles referred had a complaint dismissed. Over the 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. 16 1,321 22.77% 17 1,785 30.77% 330 5.69% 24 Unknown TOTAL 5,802 100.0 JUVENILES DISMISSED IN THE ARIZONA COURT SYSTEM IN FY11 Table 5.4 Race: Disposition of Dismissed FY11 Hispanic 2,240 38.61% African American 664 11.44% Anglo Native American Asian/Pacific Islander Other Unknown TOTAL Table 5.5 Education Status: Disposition of Dismissed FY11 Enrolled Not Enrolled 281 4.84% Felonies Against Property 350 6.03% 1,083 18.67% 587 10.12% 41.00% 372 6.41% 43 0.74% Obstruction of Justice: Felony & Misdemeanor 21 0.36% Misdemeanors Against Person 83 1.43% Drugs: Felony & Misdemeanor 526 9.07% 1,607 27.70% Misdemeanors Against Property 921 15.87% Status Offenses 435 7.50% Administrative 12 0.21% 5,802 Public Peace: Felony & Misdemeanor 100.0 TOTAL 2,877 49.59% 423 7.29% 39 0.67% Suspended 49 0.84% Withdrawn 87 1.50% Graduated 33 0.57% GED Program 11 0.19% Unknown 2,283 39.35% TOTAL 5,802 100.0 Table 5.6 Number of Prior Referrals: Disposition of Dismissed FY11 0 1,929 1,018 17.55% 2 747 12.87% 3 493 8.50% 4 373 6.43% 5 252 4.34% 6 215 3.71% 7 162 2.79% 613 5,802 5,802 100.0 Table 5.8 Offense Class of Most Serious Offense: Disposition of Dismissed FY11 Felony 1,341 23.11% Misdemeanor 3,145 54.21% Violations of Probation & Ordinances 872 15.03% Status 435 7.50% Other 9 0.16% TOTAL 5,802 100.0 33.25% 1 TOTAL Felonies Against Person 2,379 Expelled 8 or more Table 5.7 Severity of Most Serious Offense: Disposition of Dismissed FY11 Dismissed 8,000 6,931 7,000 6,874 6,687 6,383 10.57% 5,802 6,000 100.0 5,000 FY07 25 FY08 FY09 FY10 FY11 JUVENILES DISMISSED IN THE ARIZONA COURT SYSTEM IN FY11 7 In Tables 5.9-5.11 county specific breakouts of the key demographic variables of sex, age and race are presented. Table 5.12 gives a percentage of youth by delinquency risk level. That is youth who were identified as having a low, medium, or high risk level to reoffend, within 12 months, on their first referral dismissed in the fiscal year based on the delinquency risk assessment. Table 5.9 Sex by County: Juveniles Dismissed FY11 Male Female Total % of Total Apache 26 10 36 0.62% Cochise 66 26 92 1.59% 101 28 129 2.22% Gila 41 19 60 1.03% Graham 45 26 71 1.22% Greenlee 7 1 8 0.14% 10 7 17 0.29% 2,306 1,011 3,317 57.17% Mohave 140 63 203 3.50% Navajo 88 45 133 2.29% Pima 624 208 832 14.34% Pinal 236 104 340 5.86% Santa Cruz 93 40 133 2.29% Yavapai 98 51 149 2.57% Yuma 202 80 282 4.86% TOTAL 4,082 1,719 5,802 100.00% Coconino La Paz Maricopa Table 5.10 Age by County: Juveniles Dismissed FY11 8 9 10 11 12 13 14 15 16 17 Unknown Total % of Total Apache 1 0 0 2 1 1 9 6 8 7 1 36 0.62% Cochise 0 1 1 2 7 7 18 10 22 22 2 92 1.59% Coconino 0 1 1 4 5 6 15 26 33 23 15 129 2.22% Gila 1 2 0 1 1 4 9 10 14 16 2 60 1.03% Graham 0 2 2 3 2 3 6 15 18 19 1 71 1.22% Greenlee 0 0 0 0 0 0 2 2 1 2 1 8 0.14% La Paz 0 0 0 0 0 1 1 2 0 9 4 17 0.29% Maricopa 0 2 17 47 81 174 351 641 797 1090 117 3317 57.17% Mohave 0 3 6 4 11 16 29 31 39 43 21 203 3.50% Navajo 0 2 2 2 3 10 15 15 27 44 13 133 2.29% Pima 0 2 5 12 27 72 98 148 192 226 50 832 14.34% Pinal 0 1 1 3 8 12 38 59 72 97 49 340 5.86% Santa Cruz 0 0 1 2 2 3 13 17 19 58 18 133 2.29% Yavapai 0 2 2 2 8 24 16 24 47 24 149 2.57% Yuma 2 1 2 4 6 23 39 56 55 82 12 282 4.86% TOTAL 4 19 40 88 154 340 667 1054 1321 1785 330 5802 100.00% 26 JUVENILES DISMISSED IN THE ARIZONA COURT SYSTEM IN FY11 Table 5.11 Race by County: Juveniles Dismissed FY11 African Native Hispanic American Anglo American Asian/PI Other Unknown Total % of Total Apache 6 0 19 9 0 1 1 36 0.62% Cochise 28 4 57 1 0 0 2 92 1.59% Coconino 24 7 54 42 2 0 0 129 2.22% Gila 15 1 34 9 0 0 1 60 1.03% Graham 28 4 33 4 0 1 1 71 1.22% Greenlee 2 1 4 1 0 0 0 8 0.14% La Paz 7 0 8 2 0 0 0 17 0.29% 1,191 484 1,377 154 34 11 66 3,317 57.17% Mohave 28 4 167 3 0 1 0 203 3.50% Navajo 11 2 76 40 0 2 2 133 2.29% Pima 414 88 281 36 3 5 5 832 14.34% Pinal 127 54 114 41 2 0 2 340 5.86% Santa Cruz 127 0 5 0 0 0 1 133 2.29% 34 3 94 15 1 0 2 149 2.57% Yuma 198 12 56 15 1 0 0 282 4.86% TOTAL 2,240 664 2,379 372 43 21 83 5,802 100.00% Maricopa Yavapai Table 5.12 Delinquency Risk Level: Juveniles Dismissed FY11 Low 22.1% Medium 23.1% High 54.9% TOTAL 100.00% 27 JUVENILES WITH DISPOSITION OF PENALTY ONLY IN THE ARIZONA COURT SYSTEM IN FY11 PENALTY ONLY B 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: Disposition of Penalty Only FY11 24B Apache 4 1.16% Cochise 28 8.14% Coconino Table 6.1 shows the distribution of youth across counties in Arizona. Demographic and offense specific information are presented in subsequent tables. 15 4.36% Gila 8 2.33% Graham 0 0.00% Greenlee 0 0.00% Adjudicated juveniles may receive a disposition of penalty only. Penalties may include but are not limited to fines, community restitution, 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. Maricopa In previous years, dispositions of penalty only have remained stable (approximately 400). However, in FY11, only 344 youth received a penalty only disposition. La Paz 4 1.16% 183 53.20% Mohave 1 0.29% Navajo 16 4.65% Pima 17 4.94% Pinal 19 5.52% Santa Cruz 14 4.07% 4 1.16% Yuma 31 9.01% TOTAL 344 Yavapai 37B 100.0 Table 6.2 Sex: Disposition of Penalty Only FY11 Male Female TOTAL 258 75.00% 86 25.00% 344 100.0 Table 6.3 Age: Disposition of Penalty Only FY11 0 8 0.00% 0 9 0.00% 10 0 0.00% 11 1 0.29% 12 2 0.58% 13 8 2.33% 14 17 4.94% 15 25 7.27% 16 50 14.53% 17 224 65.12% 17 4.94% Unknown TOTAL 28 344 100.0 JUVENILES WITH DISPOSITION OF PENALTY ONLY IN THE ARIZONA COURT SYSTEM IN FY11 Table 6.4 Race: Disposition of Penalty Only FY11 Hispanic 157 45.64% African American 27 7.85% 140 40.70% 17 4.94% Asian/Pacific Islander 2 Other 0 Anglo Native American Unknown 1 TOTAL 344 Table 6.7 Severity of Most Serious Offense: Disposition of Penalty Only FY11 Felonies Against Person 10 2.91% Felonies Against Property 16 4.65% 0.58% Obstruction of Justice: Felony & Misdemeanor 86 25.00% 0.00% Misdemeanors Against Person 21 6.10% Drugs: Felony & Misdemeanor 30 8.72% 125 36.34% Misdemeanors Against Property 37 10.76% Status Offenses 18 5.23% Administrative 1 0.29% 344 100.0 0.29% Public Peace: Felony & Misdemeanor 100.0 Table 6.5 Education Status: Disposition of Penalty Only FY11 Enrolled 132 38.37% Not Enrolled 25 7.27% Expelled 1 0.29% Suspended 0 0.00% Withdrawn 4 1.16% Graduated 8 2.33% GED Program 4 1.16% Unknown 170 49.42% TOTAL 344 100.0 TOTAL Table 6.8 Offense Class of Most Serious Offense: Disposition of Penalty Only FY11 Felony Misdemeanor Table 6.6 Number of Prior Referrals: Disposition of Penalty Only FY11 0 69 20.06% 1 35 10.17% 2 40 11.63% 3 35 10.17% 4 34 9.88% 5 30 8.72% 6 16 4.65% 7 15 4.36% 8 or more 70 20.35% TOTAL 344 100.0 29 64 184 Violations of Probation & Ordinances 77 Status 18 Other 1 TOTAL 344 18.60% 53.49% 22.38% 5.23% 0.29% 100.0 JUVENILES WITH DISPOSITION OF PENALTY ONLY IN THE ARIZONA COURT SYSTEM IN FY11 8B In Tables 6.9-6.11 county specific breakouts of the key demographic variables of sex, age and race are presented. Table 6.12 gives a percentage of youth by delinquency risk level. That is youth who were identified as having a low, medium, or high risk level to reoffend, within 12 months, on their first referral receiving a disposition of ‘Penalty Only’ in the fiscal year based on the delinquency risk assessment. Table 6.9 Sex by County: Disposition of Penalty Only FY11 Male Female Total % of Total Apache 3 1 4 1.16% Cochise 18 10 28 8.14% Coconino 9 6 15 4.36% Gila 5 3 8 2.33% Graham 3 1 4 1.16% Greenlee 0 0 0 0.00% La Paz 0 0 0 0.00% 149 34 183 53.20% Mohave 1 0 1 0.29% Navajo 12 4 16 4.65% Pima 15 2 17 4.94% Pinal 11 8 19 5.52% Santa Cruz 8 6 14 4.07% Yavapai 3 1 4 1.16% Yuma 21 10 31 9.01% TOTAL 258 86 344 100.00% Maricopa Table 6.10 Age by County: Disposition of Penalty Only FY11 8 9 10 11 12 13 14 15 16 17 Unknown Total % of Total Apache 0 0 0 0 0 0 0 1 1 2 0 4 1.16% Cochise 0 0 0 1 0 2 1 0 4 20 0 28 8.14% Coconino 0 0 0 0 0 1 2 2 3 6 1 15 4.36% Gila 0 0 0 0 1 1 1 2 1 2 0 8 2.33% Graham 0 0 0 0 0 0 0 0 0 4 0 4 1.16% Greenlee 0 0 0 0 0 0 0 0 0 0 0 0 0.00% La Paz 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Maricopa 0 0 0 0 0 0 5 13 23 129 13 183 53.20% Mohave 0 0 0 0 0 0 0 0 0 1 0 1 0.29% Navajo 0 0 0 0 1 1 0 2 1 11 0 16 4.65% Pima 0 0 0 0 0 3 4 1 4 5 0 17 4.94% Pinal 0 0 0 0 0 0 3 1 3 11 1 19 5.52% Santa Cruz 0 0 0 0 0 0 0 1 2 11 0 14 4.07% Yavapai 0 0 0 0 0 0 1 0 1 2 0 4 1.16% Yuma 0 0 0 0 0 0 0 2 7 20 2 31 9.01% TOTAL 0 0 0 1 2 8 17 25 50 224 17 344 100.00% 30 JUVENILES WITH DISPOSITION OF PENALTY ONLY IN THE ARIZONA COURT SYSTEM IN FY11 Table 6.11 Race by County: Disposition of Penalty Only FY11 African American Hispanic Native American Anglo Asian/PI Other Unknown Total % of Total Apache 0 0 4 0 0 0 0 4 1.16% Cochise 8 3 16 0 1 0 0 28 8.14% Coconino 2 0 6 7 0 0 0 15 4.36% Gila 3 0 4 1 0 0 0 8 2.33% Graham 1 0 3 0 0 0 0 4 1.16% Greenlee 0 0 0 0 0 0 0 0 0.00% La Paz 0 0 0 0 0 0 0 0 0.00% 91 23 64 3 1 0 1 183 53.20% Mohave 0 0 1 0 0 0 0 1 0.29% Navajo 3 0 8 5 0 0 0 16 4.65% Pima 9 0 8 0 0 0 0 17 4.94% Pinal 9 1 8 1 0 0 0 19 5.52% 13 0 1 0 0 0 0 14 4.07% 0 0 4 0 0 0 0 4 1.16% Yuma 18 0 13 0 0 0 0 31 9.01% TOTAL 157 27 140 17 2 0 1 344 100.00% Maricopa Santa Cruz Yavapai Table 6.12 Delinquency Risk Level: Disposition of Penalty Only FY11 Low 14.3% Medium 21.8% High 63.9% TOTAL 100.00% 31 JUVENILES WITH DISPOSITION OF STANDARD PROBATION IN THE ARIZONA COURT SYSTEM IN FY11 STANDARD PROBATION 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 FY11 Apache 50 26B Cochise 2.57% Coconino 207 2.66% Gila 172 2.21% Graham 133 1.71% Greenlee 42 0.54% La Paz 11 0.14% 4,189 53.75% Mohave 283 3.63% Navajo 166 2.13% Pima 967 12.41% Pinal 474 6.08% Santa Cruz 125 1.60% Yavapai 274 3.52% Yuma 500 Table 7.1 shows the distribution of youth across counties in Arizona. Demographic and offense specific information are presented in subsequent tables. Probation is defined as conditional freedom granted by the juvenile court to an adjudicated juvenile on the condition of continued good behavior and regular reporting to a probation officer. The core tenets of juvenile probation are: protection of the community, the belief that youth can make positive changes in their behavior, fostering law-abiding behavior, restitution to victims and society for the wrongs committed against them, preservation of the best interest of the child, and stability of the family unit. Juveniles placed on probation must comply with specific terms and conditions. Although every probation treatment plan is customized to address the needs of each individual juvenile, some standard terms and conditions apply to all cases. The standard terms and conditions include 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 may refer the juvenile back to court. The court may choose (continued on next page) 32 0.64% 200 Maricopa TOTAL 38B 7,793 6.42% 100.0% Table 7.2 Sex: Disposition of Standard Probation FY11 Male 5,888 75.55% Female 1,905 TOTAL 7,793 24.45% 100.0% Table 7.3 Age: Disposition of Standard Probation FY11 0 8 0.00% 9 1 0.01% 10 8 0.10% 11 35 0.45% 12 161 2.07% 13 444 5.70% 14 900 11.55% 15 1,591 20.42% 16 2,075 26.63% 17 2,567 32.94% 0.14% Unknown TOTAL 11 7,793 100.0% JUVENILES WITH DISPOSITION OF STANDARD PROBATION IN THE ARIZONA COURT SYSTEM IN FY11 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 FY11 In FY11, 7,793 juveniles were given a disposition of standard probation. Table 7.4 Race: Disposition of Standard Probation FY11 Hispanic 3,247 41.67% African American Anglo Native American Asian/Pacific Islander Other Unknown TOTAL 732 9.39% 3,169 40.66% 547 7.02% 52 0.67% 20 0.26% 26 0.33% 7,793 100.0% Felonies Against Person 718 9.21% Felonies Against Property 1,261 16.18% Obstruction of Justice: Felony & Misdemeanor 1,574 20.20% Misdemeanors Against Person 662 8.49% Drugs: Felony & Misdemeanor 1,377 17.67% Public Peace: Felony & Misdemeanor 1,266 16.25% Misdemeanors Against Property 764 9.80% Status Offenses 48 0.62% Administrative 123 1.58% TOTAL 7,793 Table 7.8 Offense Class of Most Serious Offense: Disposition of Standard Probation FY11 Felony 3,875 Table 7.5 Education Status: Disposition of Standard Probation FY11 Enrolled 4,148 53.23% Misdemeanor 2,977 Not Enrolled Violations of Probation & Ordinances 695 8.92% Expelled 49 0.63% Suspended 73 0.94% Withdrawn 73 0.94% Graduated 76 0.98% 4 0.05% Unknown 2,675 34.33% TOTAL 7,793 100.0 GED Program 100.0 49.72% 38.20% 9.88% 770 Status 48 Other 123 TOTAL 7,793 0.62% 1.58% 100.0 Standard Probation 12,000 Table 7.6 Number of Prior Referrals: Disposition of Standard Probation FY11 10,211 0 1,812 23.25% 1 1,439 18.47% 2 1,285 16.49% 3 1,005 12.90% 4 669 8.58% 5 449 5.76% 6 331 4.25% 7 215 2.76% 8 or more 588 7.55% TOTAL 7,793 9,351 10,000 10,157 9,821 8,000 7,793 6,000 FY07 FY08 FY09 FY10 For FY04 through FY11 data, refer to the graphs on page 5. 100.0 33 FY11 JUVENILES WITH DISPOSITION OF STANDARD PROBATION IN THE ARIZONA COURT SYSTEM IN FY11 9B In Tables 7.9-7.11 county specific breakouts of the key demographic variables of sex, age and race are presented. Table 7.12 gives a percentage of youth by delinquency risk level. That is youth who were identified as having a low, medium, or high risk level to reoffend, within 12 months, on their first referral disposed to ‘Standard Probation’ in the fiscal year based on the delinquency risk assessment. Table 7.9 Sex by County: Disposition of Standard Probation FY11 Male Female Total % of Total Apache 39 11 50 0.64% Cochise 138 62 200 2.57% Coconino 160 47 207 2.66% Gila 113 59 172 2.21% Graham 83 50 133 1.71% Greenlee 35 7 42 0.54% La Paz 11 0 11 0.14% 3223 966 4189 53.75% Mohave 217 66 283 3.63% Navajo 122 44 166 2.13% Pima 759 208 967 12.41% Pinal 338 136 474 6.08% 90 35 125 1.60% Yavapai 196 78 274 3.52% Yuma 364 136 500 6.42% TOTAL 5888 1905 7793 100.00% Maricopa Santa Cruz Table 7.10 Age by County: Disposition of Standard Probation FY11 8 9 10 11 12 13 14 15 16 17 Unknown Total % of Total Apache 0 0 0 0 1 4 10 14 9 12 0 50 0.64% Cochise 0 0 0 1 3 17 37 48 58 36 0 200 2.57% Coconino 0 0 0 0 3 12 23 62 46 59 2 207 2.66% Gila 0 1 1 4 7 12 22 34 53 38 0 172 2.21% Graham 0 0 3 6 6 9 18 26 20 45 0 133 1.71% Greenlee 0 0 0 0 4 3 3 12 11 9 0 42 0.54% La Paz 0 0 0 0 1 1 2 3 2 2 0 11 0.14% Maricopa 0 0 2 7 58 198 433 821 1,134 1,532 4 4189 53.75% Mohave 0 0 0 3 11 16 42 64 59 86 2 283 3.63% Navajo 0 0 0 0 3 12 19 38 43 51 0 166 2.13% Pima 0 0 1 5 22 59 99 181 292 306 2 967 12.41% Pinal 0 0 1 6 11 35 74 92 139 116 0 474 6.08% Santa Cruz 0 0 0 0 1 3 10 19 35 57 0 125 1.60% Yavapai 0 0 0 0 9 17 34 67 70 76 1 274 3.52% Yuma 0 0 0 3 21 46 74 110 104 142 0 500 6.42% 0 1 8 35 161 444 900 1,591 2,075 2,567 11 7793 100.00% TOTAL 34 JUVENILES WITH DISPOSITION OF STANDARD PROBATION IN THE ARIZONA COURT SYSTEM IN FY11 Table 7.11 Race by County: Disposition of Standard Probation FY11 Hispanic Apache Cochise Coconino Gila Graham Greenlee La Paz Maricopa Mohave Navajo Pima Pinal Santa Cruz Yavapai Yuma TOTAL African American Native American Anglo Asian/PI Unknown Total 7 0 19 21 1 0 2 50 82 10 105 1 1 0 1 200 39 6 67 94 1 0 0 207 29 4 108 29 0 0 2 172 42 5 78 7 0 0 1 133 7 1 32 2 0 0 0 42 6 0 5 0 0 0 0 11 1,771 539 1,636 182 38 11 12 4,189 51 4 223 5 0 0 0 283 10 4 83 67 0 2 0 166 495 81 324 52 5 6 4 967 195 58 167 52 2 0 0 474 122 0 3 0 0 0 0 125 45 4 211 9 1 0 4 274 346 16 108 26 3 1 0 500 3,247 732 3,169 547 52 20 26 7,793 Table 7.12 Delinquency Risk Level: Disposition of Standard Probation FY11 Low 20.5% Medium 25.1% High 54.4% TOTAL Other 100.00% 35 % of Total 0.64% 2.57% 2.66% 2.21% 1.71% 0.54% 0.14% 53.75% 3.63% 2.13% 12.41% 6.08% 1.60% 3.52% 6.42% 100.00% JUVENILES WITH DISPOSITION TO JIPS IN THE ARIZONA COURT SYSTEM IN FY11 JIPS Information presented in this section characterizes individual youth (unduplicated). For those youth who were placed or continued on Juvenile Intensive Probation Supervision 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 FY11 Apache 6 0.41% Cochise 71 4.90% Coconino 53 3.66% Gila 38 2.62% Graham 22 1.52% Greenlee 8 0.55% La Paz 3 0.21% 518 35.75% Mohave 69 4.76% Navajo 46 3.17% Pima 144 9.94% Pinal 99 6.83% Santa Cruz 26 1.79% Yavapai 94 6.49% Yuma 252 17.39% TOTAL 1,449 25B Table 8.1 shows the distribution of youth across counties in Arizona. Demographic and offense specific information are presented in subsequent tables. 24B Juvenile Intensive Probation Supervision (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. In FY11 the number of juveniles placed on JIPS was 1,449. The rate of juveniles petitioned who end up disposed to JIPS has remained stable at around 11% of the juveniles petitioned. Maricopa 37B Table 8.2 Sex: Disposition to JIPS FY11 Male 1,251 86.34% Female 13.66% TOTAL 198 1,449 Table 8.3 Age: Disposition to JIPS FY11 0 8 0 9 100.0% 0.00% 0.00% 0 0.06% 11 1 0.07% 12 10 0.69% 13 40 2.76% 14 164 11.32% 15 285 19.67% 16 445 30.71% 17 503 34.71% 1 0.07% 10 Unknown TOTAL 36 100.0% 1,449 100.0% JUVENILES WITH DISPOSITION TO JIPS IN THE ARIZONA COURT SYSTEM IN FY11 Table 8.4 Race: Disposition to JIPS FY11 Hispanic 744 51.35% African American 152 10.49% Anglo 462 31.88% 77 5.31% 6 Native American Asian/Pacific Islander Other Unknown TOTAL Felonies Against Person 169 11.66% Felonies Against Property 304 20.98% 0.41% Obstruction of Justice: Felony & Misdemeanor 698 48.17% 6 0.41% Misdemeanors Against Person 44 3.04% 2 0.14% Drugs: Felony & Misdemeanor 107 7.38% Public Peace: Felony & Misdemeanor 80 5.52% Misdemeanors Against Property 35 2.42% 1,449 100.0% Table 8.5 Education Status: Disposition to JIPS FY11 Enrolled 848 58.52% Not Enrolled 180 12.42% Expelled 16 1.10% Suspended 32 2.21% Withdrawn 27 1.86% Graduated 14 0.97% 2 0.14% Unknown 330 22.77% TOTAL 1,449 GED Program 100.0% Table 8.6 Number of Prior Referrals: Disposition to JIPS FY11 0 64 4.42% 1 67 4.62% 2 95 6.56% 3 125 8.63% 4 149 10.28% 5 152 10.49% 6 149 10.28% 7 121 8.35% 8 or more 527 36.37% TOTAL 1,449 Table 8.7 Severity of Most Serious Offense: Disposition to JIPS FY11 Status Offenses 1 0.07% Administrative 11 0.76% TOTAL 1,449 100.0% Table 8.8 Offense Class of Most Serious Offense: Disposition to JIPS FY10 Felony 736 50.79% Misdemeanor 262 18.08% Violations of Probation & Ordinances 439 30.30% Status 1 0.07% Other 11 0.76% TOTAL 1,449 100.0% Juvenile Intensive Probation (JIPS) 3,000 2,500 2,023 1,967 2,000 1,869 1,568 100.0% 1,500 1,449 1,000 FY07 FY08 FY09 FY10 For FY04 through FY11 data, refer to the graph on page 5. 37 FY11 JUVENILES WITH DISPOSITION TO JIPS IN THE ARIZONA COURT SYSTEM IN FY11 10B Table 8.9 Sex by County: Disposition to JIPS FY11 Male Female Total Apache 6 0 6 0.41% Cochise 56 15 71 4.90% Coconino 46 7 53 3.66% Gila 33 5 38 2.62% Graham 19 3 22 1.52% Greenlee 8 0 8 0.55% La Paz 3 0 3 0.21% 479 39 518 35.75% Mohave 56 13 69 4.76% Navajo 34 12 46 3.17% Pima 132 12 144 9.94% Pinal 85 14 99 6.83% Santa Cruz 21 5 26 1.79% Yavapai 76 18 94 6.49% Yuma 197 55 252 17.39% TOTAL 1,251 198 1,449 100.00% Maricopa In Tables 8.9-8.11 county specific breakouts of the key demographic variables of sex, age and race are presented. Table 8.12 gives a percentage of youth by delinquency risk level. That is youth who were identified as having a low, medium, or high risk level to reoffend, within 12 months, on their first referral disposed to JIPS in the fiscal year based on the delinquency risk assessment. % of Total Table 8.10 Age by County: Disposition to JIPS FY11 8 9 10 11 12 13 14 15 16 17 Unknown Total % of Total Apache 0 0 0 0 0 0 1 1 2 2 0 6 0.41% Cochise 0 0 0 0 1 2 9 11 21 27 0 71 4.90% Coconino 0 0 0 0 1 1 3 8 22 18 0 53 3.66% Gila 0 0 0 0 0 1 4 9 7 17 0 38 2.62% Graham 0 0 0 0 2 0 0 4 7 9 0 22 1.52% Greenlee 0 0 0 0 0 0 0 2 2 4 0 8 0.55% La Paz 0 0 0 0 0 0 1 0 0 2 0 3 0.21% Maricopa 0 0 0 0 0 5 42 107 179 185 0 518 35.75% Mohave 0 0 0 0 1 6 10 14 14 24 0 69 4.76% Navajo 0 0 0 0 1 0 5 6 13 21 0 46 3.17% Pima 0 0 0 0 2 8 18 31 52 33 0 144 9.94% Pinal 0 0 0 1 1 4 16 16 29 32 0 99 6.83% Santa Cruz 0 0 0 0 0 0 2 6 5 13 0 26 1.79% Yavapai 0 0 0 0 1 2 12 19 21 39 0 94 6.49% Yuma 0 0 0 0 0 11 41 51 71 77 1 252 17.39% TOTAL 0 0 0 1 10 40 164 285 445 503 1 1449 100.0% 38 JUVENILES WITH DISPOSITION TO JIPS IN THE ARIZONA COURT SYSTEM IN FY11 Table 8.11 Race by County: Disposition to JIPS FY11 African Hispanic American Anglo Native American Asian/PI Other Unknown Total % of Total Apache 1 0 5 0 0 0 0 6 0.41% Cochise 37 9 25 0 0 0 0 71 4.90% Coconino 11 1 15 25 1 0 0 53 3.66% Gila 11 0 25 2 0 0 0 38 2.62% Graham 7 0 14 0 0 1 0 22 1.52% Greenlee 2 2 4 0 0 0 0 8 0.55% La Paz 1 0 2 0 0 0 0 3 0.21% 282 95 115 19 2 3 2 518 35.75% Mohave 10 2 57 0 0 0 0 69 4.76% Navajo 9 2 14 19 0 2 0 46 3.17% Pima 80 13 48 2 1 0 0 144 9.94% Pinal 44 19 33 3 0 0 0 99 6.83% Santa Cruz 26 0 0 0 0 0 0 26 1.79% Yavapai 20 2 67 4 1 0 0 94 6.49% Yuma 203 7 38 3 1 0 0 252 17.39% TOTAL 744 152 462 77 6 6 2 1449 100.00% Maricopa Table 8.12 Delinquency Risk Level: Disposition to JIPS FY11 Low 3.1% Medium 9.5% High TOTAL 87.4% 100.00% 39 FY 2011 Additional Topics Arizona Department of Juvenile Corrections Adult Court Sex Additional Topics JUVENILES WITH DISPOSITIONS TO ADJC IN THE ARIZONA COURT SYSTEM IN FY11 ADJC Information presented in this section characterizes individual youth (unduplicated). For those youth who were committed or awarded to the Arizona Department of Juvenile Corrections (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. In FY11, 703 juveniles received a judicial decision involving commitment to ADJC. This number shows a consistent decline since a historical high of 1,670 in FY98. Over the last five years commitments to ADJC have ranged from a low of 703 (FY11) to a high of 926 (FY07). This year commitments decreased by 6.4% from the previous fiscal year. • 46.37% of the juveniles were committed for Disposition of a juvenile to the ADJC is governed by obstruction of justice offenses such as statute and the Arizona Code of Judicial probation and parole violations, however most Administration. Arizona Revised Statutes §8-342 (A) severe offense is generally not the only provides: “A child under the age of eight years shall consideration in the commitment (i.e., prior not be committed to the department of juvenile offense history, prior placement, risk to the corrections nor shall a dependent or incorrigible community and need for a more secure child be awarded to the department of juvenile placement). corrections.” Arizona Revised Statutes §8-246(C), as amended, mandates: 1) the use of risk and • 57.04% of the juveniles committed to ADJC needs assessment to determine appropriate had eight or more prior referrals, suggesting disposition of juveniles; 2) development of that the majority of commitments are chronic commitment guidelines for use by juvenile court offenders. judges for dispositions of juveniles to ADJC; and 3) development of length of stay guidelines consistent Table 9.1 County: Disposition to ADJC FY11 with treatment and public safety concerns. 28B 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 of 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. 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 Arizona’s Juvenile Court Counts, 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, the actual number of juveniles involved is a smaller number. The table includes all juveniles who were processed through the courts within each County during FY11 within each county. 40 Apache 3 0.43% Cochise 27 3.84% Coconino 15 2.13% Gila 3 0.43% Graham 4 0.57% Greenlee 1 0.14% La Paz 0 0.00% 414 58.89% Maricopa Mohave 33 4.69% Navajo 3 0.43% Pima 66 9.39% Pinal 50 7.11% 6 0.85% Yavapai 16 2.28% Yuma 62 8.82% TOTAL 703 100.00% Santa Cruz Table 9.2 Sex: Disposition to ADJC FY11 Male 613 87.20% Female 12.80% TOTAL 90 703 100.0% JUVENILES WITH DISPOSITIONS TO ADJC IN THE ARIZONA COURT SYSTEM IN FY11 Table 9.3 Age: Disposition to ADJC FY11 8 0 0.00% 9 0 0.00% 10 0 0.00% 11 0 0.00% 12 1 0.14% 13 6 0.85% 14 59 8.39% 15 120 17.07% 16 238 17 279 0 0.00% 703 100.00% Unknown TOTAL 95 13.51% Felonies Against Property 102 14.51% Obstruction of Justice: Felony & Misdemeanor 326 46.37% 34 4.84% Drugs: Felony & Misdemeanor 62 8.78% 33.85% Public Peace: Felony & Misdemeanor 52 7.40% 39.69% Misdemeanors Against Property 32 4.55% 703 100.00% TOTAL Table 9.8 Offense Class of Most Serious Offense: Disposition to ADJC FY11 49.08% African American 112 15.93% Anglo 208 29.59% 35 4.98% Asian/Pacific Islander 1 Other Unknown TOTAL Felonies Against Person Misdemeanors Against Person Table 9.4 Race: Disposition to ADJC FY11 Hispanic 345 Native American Table 9.7 Severity of Most Serious Offense: Disposition to ADJC FY11 Felony 319 45.38% Misdemeanor 139 19.77% 0.14% Violations of Probations & Ordinances 245 34.85% 1 0.14% TOTAL 703 1 0.14% 703 100.00% 100.0% Table 9.5 Education Status: Disposition to ADJC FY11 Enrolled Not Enrolled Expelled 223 31.72% 93 13.23% 8 1.14% Suspended 11 1.56% Withdrawn 9 1.28% Graduated 5 0.71% GED Program 4 0.57% Unknown 350 49.79% TOTAL 703 100.00% For FY04 through FY11 data, refer to the graph on page 5. Table 9.6 Number of Prior Referrals: Disposition to ADJC FY11 0 19 2.70% 1 24 3.41% 2 22 3.13% 3 33 4.69% 4 37 5.26% 5 54 7.68% 6 54 7.68% 7 59 8.39% 8 or more 401 57.04% TOTAL 703 100.00% 41 JUVENILES WITH DISPOSITIONS TO ADJC IN THE ARIZONA COURT SYSTEM IN FY11 Table 9.9 Sex by County: Disposition to ADJC FY11 Male Female Total % of Total Apache 3 0 3 0.43% Cochise 26 1 27 3.84% Coconino 11 4 15 2.13% Gila 3 0 3 0.43% Graham 3 1 4 0.57% Greenlee 1 0 1 0.14% La Paz 0 0 0 0.00% 362 52 414 58.89% Mohave 26 7 33 4.69% Navajo 3 0 3 0.43% Pima 58 8 66 9.39% Pinal 46 4 50 7.11% Maricopa Santa Cruz In Tables 9.9-9.11 county specific breakouts of the key demographic variables of sex, age and race are presented. Table 9.12 gives a percentage of youth by delinquency risk level. That is youth who were identified as having a low, medium, or high risk level to reoffend, within 12 months, on their first referral committed to ADJC in the fiscal year based on the delinquency risk assessment. 5 1 6 0.85% Yavapai 13 3 16 2.28% Yuma 53 9 62 8.82% TOTAL 613 90 703 100.00% Table 9.10 Age by County: Disposition to ADJC FY11 8 9 10 11 12 13 14 15 16 17 Unknown Total % of Total Apache 0 0 0 0 0 0 0 1 1 1 0 3 0.43% Cochise 0 0 0 0 0 0 2 8 7 10 0 27 3.84% Coconino 0 0 0 0 0 0 0 3 4 8 0 15 2.13% Gila 0 0 0 0 0 0 2 0 1 0 0 3 0.43% Graham 0 0 0 0 0 0 0 1 0 3 0 4 0.57% Greenlee 0 0 0 0 0 0 0 0 0 1 0 1 0.14% La Paz 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Maricopa 0 0 0 0 1 6 29 65 143 170 0 414 58.89% Mohave 0 0 0 0 0 0 4 7 10 12 0 33 4.69% Navajo 0 0 0 0 0 0 0 0 3 0 0 3 0.43% Pima 0 0 0 0 0 0 6 7 21 32 0 66 9.39% Pinal 0 0 0 0 0 0 5 9 20 16 0 50 7.11% Santa Cruz 0 0 0 0 0 0 0 3 0 3 0 6 0.85% Yavapai 0 0 0 0 0 0 1 4 5 6 0 16 2.28% Yuma 0 0 0 0 0 0 10 12 22 18 0 62 8.82% TOTAL 0 0 0 0 1 6 59 120 237 280 0 703 100.00% 42 JUVENILES WITH DISPOSITIONS TO ADJC IN THE ARIZONA COURT SYSTEM IN FY11 Table 9.11 Race by County: Disposition to ADJC FY11 Hispanic African American Native American Anglo Asian/PI Other Unknown Total % of Total Apache 2 0 1 0 0 0 0 3 0.43% Cochise 19 3 5 0 0 0 0 27 3.84% Coconino 2 0 5 8 0 0 0 15 2.13% Gila 1 0 2 0 0 0 0 3 0.43% Graham 1 1 2 0 0 0 0 4 0.57% Greenlee 1 0 0 0 0 0 0 1 0.14% La Paz 0 0 0 0 0 0 0 0 0.00% 197 88 111 17 0 1 1 415 58.89% Mohave 7 2 24 0 0 0 0 33 4.69% Navajo 0 0 3 0 0 0 0 3 0.43% Pima 36 7 18 4 1 0 0 66 9.39% Pinal 19 8 19 4 0 0 0 50 7.11% Santa Cruz 6 0 0 0 0 0 0 6 0.85% Yavapai 4 1 10 1 0 0 0 16 2.28% Yuma 50 2 8 1 0 0 0 61 8.82% TOTAL 345 112 208 35 1 1 1 703 100.00% Maricopa Table 9.12 Delinquency Risk Level: Disposition to ADJC FY11 Low 1.5% Medium 4.0% High TOTAL 94.5% 100.00% 43 ADJC & AOC COMPARISON ADJC & AOC COMPARISON Original Commitments on a Statewide Basis The previous section regarding ADJC is the traditional reporting method used in Arizona’s Juvenile Court Counts, 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 FY11 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 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 FY11. The last column, (Never Arrived at ADJC), are juveniles who received an Table 10.1 Commitments FY11, 7/1/2010 – 6/30/2011 Never Original Subsequent Arrived Commitment Commitment At ADJC TOTAL Apache 3 0 0 3 Cochise 24 3 0 27 Coconino 14 1 0 15 Gila 3 0 0 3 Graham 1 3 0 4 Greenlee 1 0 0 1 La Paz 0 0 0 0 Maricopa 311 94 9 414 Mohave 31 2 0 33 Navajo 3 0 0 3 Pima 47 16 3 66 Pinal 40 9 1 50 6 0 0 6 Yavapai 14 2 0 16 Yuma 53 9 0 62 TOTAL 551 139 16 703 Santa Cruz (continued on next page) 44 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 FY11 the number of original commitments is 551, which is higher than the previous year (544). That represents a 1.3% increase from the previous fiscal year. Charts for fiscal years 2009 through 2011 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 FY10, 7/1/2009– 6/30/2010 Original Commitment Subsequent Commitment Never Arrived At ADJC TOTAL Apache 4 0 0 4 Cochise 16 1 0 17 Coconino 11 8 0 19 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 Maricopa Santa Cruz 4 1 0 5 Yavapai 11 4 0 15 Yuma 72 9 0 81 TOTAL 544 191 16 751 Table 10.3 Commitments FY09, 7/1/2008 – 6/30/2009 Never Original Subsequent Arrived Commitment Commitment At ADJC TOTAL Apache 5 0 0 5 Cochise 15 2 0 17 Coconino 11 1 0 12 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 61 647 183 18 848 TOTAL 45 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY11 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: 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. Direct Filed in Adult Court Transferred to Adult Court Table 11.1 Pathways for Juveniles Filed in Adult Court FY11 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 Mandatory 27.20% 26 7.14% 62 17.03% 153 42.03% Chronic 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 99 Mandatory Prior Conviction Pathways to Adult Court • Number of Juveniles 24 6.59% *364 100.0% Table 11.2 County: Direct Filed in and Transferred to Adult Court FY11 0 Apache 29B • • • • Mandatory Prior: A juvenile previously convicted in adult court must be returned to adult court for any subsequent crimes or violations of probation. 4.12% Coconino 0 0.00% Gila 1 0.27% Graham 2 0.55% Greenlee 0 0.00% Chronic: A juvenile aged fifteen, sixteen, or seventeen who have two prior felony adjudications in juvenile court and must go to adult court for a subsequent felony. Discretion: The county attorney may file in adult court, any juvenile who is fourteen years old and a chronic offender or fourteen or older and has committed one of a list of specified offenses in Arizona Revised Statutes §13-501 B. Transfer: Juveniles who do not meet the above criteria may still be transferred by the juvenile court depending on a number of factors, such 46 0.00% 15 Cochise 0 0.00% 231 63.46% Mohave 0 0.00% Navajo 1 0.27% Pima 50 13.74% Pinal 12 3.30% 6 1.65% La Paz Maricopa Santa Cruz 2 0.55% Yuma 44 12.09% TOTAL *364 100.00% 41B Yavapai *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 FY11 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 FY11, there was a 13.5% decline in the number of juveniles direct filed from the previous year. The trend continued from FY10, where a sharp decline of 30% occurred from the prior year. (See trend line bottom of page 30). Table 11.3 County: Juveniles Direct Filed in Adult Court FY11 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 12 3.53% Coconino 0 0.00% Gila 1 0.29% Graham 2 0.59% Greenlee 0 0.00% La Paz 0 0.00% 219 64.41% Mohave 0 0.00% Navajo 0 0.00% Pima 47 13.82% Pinal Maricopa 12 3.53% Santa Cruz 6 1.76% Yavapai 0 0.00% Yuma 41 12.06% TOTAL 340 100.00% Table 11.4 Sex: Juveniles Direct Filed FY11 Male 326 95.88% Female 14 4.12% 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 shall 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. 100.0% Table 11.5 Age: Juveniles Direct Filed FY11 8 0 0.00% 9 0 0.00% 10 0 0.00% 11 0 0.00% 12 0 0.00% 13 14 0 8 2.35% 15 39 11.47% 16 87 25.59% 17 202 59.41% 4 1.18% 340 100.00% Unknown TOTAL 47 340 0.00% JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY11 Table 11.6 Race: Juveniles Direct Filed FY11 Hispanic 211 African American 48 62.06% Anglo 68 20.00% 8 2.35% 1 Native American Asian/Pacific Islander Other Unknown TOTAL Table 11.9 Severity of Most Serious Offense: Juveniles Direct Filed FY11 14.12% Felonies Against Person Felonies Against Property 175 51.47% 92 27.06% 0.29% Obstruction of Justice: Felony & Misdemeanor 0 0.00% 3 0.88% Misdemeanors Against Person 2 0.59% 1 0.29% Drugs: Felony & Misdemeanor 52 15.29% Public Peace: Felony & Misdemeanor 16 4.71% 340 100.00% Misdemeanors Against Property TOTAL Table 11.7 Education Status: Juveniles Direct Filed FY11 Enrolled 85 25.00% Not Enrolled 50 14.71% Expelled 2 0.59% Table 11.10 Offense Class of Most Serious Offense: Juveniles Direct Filed FY11 Suspended 0 0.00% Withdrawn Felony 9 2.65% Graduated 1 0.29% Misdemeanor GED Program TOTAL 1 0.29% Unknown 192 56.47% TOTAL 340 100.00% 3 340 329 96.76% 11 3.24% 393 Table 11.8 Number of Prior Referrals: Juveniles Direct Filed FY11 0 72 1 41 12.06% 2 18 5.29% 3 29 8.53% 4 22 6.47% 5 19 5.59% 6 24 7.06% 7 21 6.18% 8 or more 94 27.65% 340 100.00% TOTAL 21.18% For FY03 through FY10 data, refer to the graph on page 6. 48 0.88% 100.0% 100.0% JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY11 14B In Tables 11.11-11.13 county specific breakouts of the key demographic variables of sex, age and race are presented. Table 11.14 gives a percentage of youth by delinquency risk level. That is youth who were identified as having a low, medium, or high risk level to reoffend, within 12 months, on their first referral direct filed in the fiscal year based on the delinquency risk assessment. Table 11.11 Sex by County: Juveniles Direct Filed FY11 Male Female Total % of Total Apache 0 0 0 0.00% Cochise 12 0 12 3.53% Coconino 0 0 0 0.00% Gila 1 0 1 0.29% Graham 2 0 2 0.59% Greenlee 0 0 0 0.00% La Paz 0 0 0 0.00% 208 11 219 64.41% Mohave 0 0 0 0.00% Navajo 0 0 0 0.00% Pima 46 1 47 13.82% Pinal 12 0 12 3.53% Santa Cruz 6 0 6 1.76% Yavapai 0 0 0 0.00% Yuma 39 2 41 12.06% TOTAL 326 14 340 100.00% Maricopa Table 11.12 Age by County: Juveniles Direct Filed FY11 8 9 10 11 12 13 14 15 16 17 Unknown Total % of Total Apache 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Cochise 0 0 0 0 0 0 0 2 4 6 0 12 3.53% Coconino 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Gila 0 0 0 0 0 0 0 0 1 0 0 1 0.29% Graham 0 0 0 0 0 0 0 0 0 2 0 2 0.59% Greenlee 0 0 0 0 0 0 0 0 0 0 0 0 0.00% La Paz 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Maricopa 0 0 0 0 0 0 5 24 62 126 2 219 64.41% Mohave 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Navajo 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Pima 0 0 0 0 0 0 1 2 8 36 0 47 13.82% Pinal 0 0 0 0 0 0 0 6 2 4 0 12 3.53% Santa Cruz 0 0 0 0 0 0 0 0 0 4 2 6 1.76% Yavapai 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Yuma 0 0 0 0 0 0 2 5 10 24 0 41 12.06% TOTAL 0 0 0 0 0 0 8 39 87 202 4 340 100.00% 49 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY11 Table 11.13 Race by County: Juveniles Direct Filed FY11 African Native Hispanic American Anglo American Asian/PI Other Unknown Total % of Total Apache 0 0 0 0 0 0 0 0 0.00% Cochise 7 1 4 0 0 0 0 12 3.53% Coconino 0 0 0 0 0 0 0 0 0.00% Gila 0 0 1 0 0 0 0 1 0.29% Graham 0 0 2 0 0 0 0 2 0.59% Greenlee 0 0 0 0 0 0 0 0 0.00% La Paz 0 0 0 0 0 0 0 0 0.00% 125 42 44 3 1 3 1 219 64.41% Mohave 0 0 0 0 0 0 0 0 0.00% Navajo 0 0 0 0 0 0 0 0 0.00% Pima 32 2 10 3 0 0 0 47 13.82% Pinal 6 2 2 2 0 0 0 12 3.53% Santa Cruz 6 0 0 0 0 0 0 6 1.76% Yavapai 0 0 0 0 0 0 0 0 0.00% Yuma 35 1 5 0 0 0 0 41 12.06% TOTAL 211 48 68 8 1 3 1 340 100.00% Maricopa Table 11.14 Delinquency Risk Level: Juveniles Direct Filed FY11 Low 7.8% Medium 8.5% High TOTAL 83.7% 100.00% 50 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY11 TRANSFERRED TO ADULT COURT Prior to FY97 and the passage of Proposition 102, the sole pathway to adult court for juveniles was through the judicial transfer process. The implementation of Senate Bill (SB) 1446 initiated the shift from judicial transfers to direct filing in adult court by the county attorney as the primary pathway to adult court. SB 1446 also changed A.R.S. §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. 51 Table 11.15 County: Juveniles Transferred to Adult Court FY11 Apache 0 0.00% Cochise 3 12.50% 31B Coconino 0 0.00% Gila 0 0.00% Graham 0 0.00% Greenlee 0 0.00% La Paz 0 0.00% 12 50.00% Mohave 0 0.00% Navajo 1 4.17% Pima 3 12.50% Pinal 0 0.00% Santa Cruz 0 0.00% Yavapai 2 8.33% Yuma 3 12.50% TOTAL 24 100.00% Maricopa In FY11 transfers declined from FY10, 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 11.16 Sex: Juveniles Transferred FY11 Male 24 100.0% Female 0 0.0% TOTAL 24 100.0% Table 11.17 Age: Juveniles Transferred FY11 8 0 0.00% 9 0 0.00% 10 0 0.00% 11 0 0.00% 12 0 0.00% 13 0.00% 14 0 1 15 0 0.00% 16 3 12.50% 17 16 66.67% 4 16.67% 24 100.00% Unknown TOTAL 4.17% JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY11 Table 11.18 Race: Juveniles Transferred FY11 Hispanic 12 50.00% Table 11.21 Severity of Most Serious Offense: Juveniles Transferred FY11 African American 4 16.67% Felonies Against Person Anglo 6 25.00% Felonies Against Property Native American 2 8.33% Asian/Pacific Islander Other Unknown TOTAL 0 0.00% 0 0.00% 0 0.00% 24 100.00% 1 4.17% Misdemeanors Against Person 3 12.50% Drugs: Felony & Misdemeanor 3 12.50% Public Peace: Felony & Misdemeanor 0 0.00% Misdemeanors Against Property 0 0.00% Status Offenses 0 0.00% Citations/Administrative 0 0.00% 24 100.00% 23 95.83% Misdemeanor 1 4.17% Administrative 0 0.00% Expelled 0 0.00% Suspended Table 11.22 Offense Class of Most Serious Offense: Juveniles Transferred FY11 0 0.00% Felony Withdrawn 0 0.00% Graduated 1 4.17% GED Program 1 4.17% Unknown 9 37.50% 24 100.00% TOTAL Table 11.20 Number of Prior Referrals: Juveniles Transferred FY11 0 6 2 8.33% 2 3 12.50% 3 1 4.17% 4 2 8.33% 5 3 12.50% 6 1 4.17% 7 1 4.17% 8 or more 5 20.83% 24 100.0 TOTAL TOTAL 25.00% 1 For FY04 through FY11 data, refer to the graph on page 6. 52 29.17% 41.67% Obstruction of Justice: Felony & Misdemeanor TOTAL Table 11.19 Education Status: Juveniles Transferred FY11 Enrolled 10 41.67% Not Enrolled 3 12.50% 7 10 24 100.0 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY11 In Tables 11.19-11.21 county specific breakouts of the key demographic variables of sex, age and race are presented. Table 11.23 gives a percentage of youth by delinquency risk level. That is youth who were identified as having a low, medium, or high risk level to reoffend, within 12 months, on their first referral transferred in the fiscal year based on the delinquency risk assessment. Table 11.23 Sex by County: Juveniles Transferred FY11 Male Female Total % of Total Apache 0 0 0 0.00% Cochise 3 0 3 12.50% Coconino 0 0 0 0.00% Gila 0 0 0 0.00% Graham 0 0 0 0.00% Greenlee 0 0 0 0.00% La Paz 0 0 0 0.00% 12 0 12 50.00% Mohave 0 0 0 0.00% Navajo 1 0 1 4.17% Pima 3 0 3 12.50% Pinal 0 0 0 0.00% Santa Cruz 0 0 0 0.00% Yavapai 2 0 2 8.33% Yuma 3 0 3 12.50% TOTAL 24 0 24 100.00% Maricopa Table 11.24 Age by County: Juveniles Transferred FY11 8 9 10 11 12 13 14 15 16 17 Unknown Total % of Total Apache 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Cochise 0 0 0 0 0 0 0 0 0 1 2 3 12.50% Coconino 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Gila 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Graham 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Greenlee 0 0 0 0 0 0 0 0 0 0 0 0 0.00% La Paz 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Maricopa 0 0 0 0 0 0 0 0 1 9 2 12 50.00% Mohave 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Navajo 0 0 0 0 0 0 0 0 1 0 0 1 4.17% Pima 0 0 0 0 0 0 1 0 0 2 0 3 12.50% Pinal 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Santa Cruz 0 0 0 0 0 0 0 0 0 0 0 0 0.00% Yavapai 0 0 0 0 0 0 0 0 0 2 0 2 8.33% Yuma 0 0 0 0 0 0 0 0 1 2 0 3 12.50% TOTAL 0 0 0 0 0 0 1 0 3 16 4 24 100.00% 53 JUVENILES DIRECT FILED & TRANSFERRED TO ADULT COURT IN FY11 Table 11.25 Race by County: Juveniles Transferred FY11 Hispanic African American Native American Anglo Asian/PI Other Unknown Total % of Total Apache 0 0 0 0 0 0 0 0 0.00% Cochise 0 0 3 0 0 0 0 3 12.50% Coconino 0 0 0 0 0 0 0 0 0.00% Gila 0 0 0 0 0 0 0 0 0.00% Graham 0 0 0 0 0 0 0 0 0.00% Greenlee 0 0 0 0 0 0 0 0 0.00% La Paz 0 0 0 0 0 0 0 0 0.00% Maricopa 6 3 2 1 0 0 0 12 50.00% Mohave 0 0 0 0 0 0 0 0 0.00% Navajo 0 0 0 1 0 0 0 1 4.17% Pima 2 0 1 0 0 0 0 3 12.50% Pinal 0 0 0 0 0 0 0 0 0.00% Santa Cruz 0 0 0 0 0 0 0 0 0.00% Yavapai 1 1 0 0 0 0 0 2 8.33% Yuma 3 0 0 0 0 0 0 3 12.50% TOTAL 12 4 6 2 0 0 0 24 100.00% Table 11.26 Delinquency Risk Level: Juveniles Transferred FY11 Low 14.3% Medium 14.3% High 71.4% TOTAL 100.00% 54 16B This page intentionally left blank. SEX FY11 SEX JUVENILES REFERRED IN FY11 In January, 2005, the Child Welfare League hosted a conference National Girls Table 12.1 Percentage of Each Sex at Stages in the Juvenile Justice System FY11 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 FY11. 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. 55 Female Male Referral 33.76% 66.24% Detention 22.88% 77.12% Diversion 39.68% 60.32% Petitioned 25.33% 74.67% Dismissed 29.63% 70.37% Penalty Only 25.00% 75.00% Standard Probation 24.45% 75.55% JIPS 13.66% 86.34% ADJC 13.05% 89.95% Direct Filed 4.12% 95.88% Transferred 0.00% 100.00% SEX FY11 Average Age For the juveniles referred in FY11, the average age of referral for the initial referral in a juveniles lifetime was slightly higher for females (14.34) than males (13.97). 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 (25.8%); status (17.4%); and misdemeanors against property (23.3%). On the other hand, apart from public peace offenses (24.6%), males’ referral offenses are more equally distributed across severity categories. Misdemeanors make up the largest proportion of offenses for both males and females. Since FY07 the proportion of juveniles committing felonies and misdemeanors for both males and females has remained stable. Table 12.2 Average Age at First Referral FY11 Female 14.34 Male 13.97 TOTAL 33.8% 66.2% 100.0% Table 12.3 Severity of Most Serious Referral Offense: Percentage By Sex FY11 Female Male Felonies Against Person 2.5% 6.5% Felonies Against Property 3.1% 9.6% Obstruction of Justice * 6.7% 10.0% Misdemeanors Against Person 11.3% 8.9% 9.1% 16.8% Public Peace* 25.8% 24.6% Misdemeanors Against Property 23.3% 12.8% Status Offenses 17.4% 10.0% Administrative 0.8% 0.8% Drugs:* TOTAL 100.0% 100.0% *Includes both felonies and misdemeanors. Table 12.4 Offense Type of Most Serious Referral Offense: Percentage By Sex FY2007 to FY2011 Female Male Felony 2007 (17.4%) (36.2%) 2008 (15.8%) (37.5%) 2009 (15.6%) (37.1%) 2010 (14.8%) (35.8%) 2011 (16.9%) (37.8%) 2007 (52.0%) (44.9%) 2008 (56.8%) (45.0%) 2009 (59.4%) (46.6%) 2010 (62.6%) (47.9%) 2011 (61.9%) (46.9%) Misdemeanor 56 SEX FY11 Table 12.5 Juveniles Referred in FY11 Who Received Court Funded Treatment (Tx) in FY11 Total Rec’d Court Percentage Referred Funded Tx Female Male 12,368 2,410 19.5% 24,269 6,577 27.1% 36 TOTAL 36,639 24.5% 8,987 % Female % Male Ancillary Services 2.8% 5.0% Behavioral Support Service 0.0% 0.0% Competency Restoration 0.1% 0.6% Delinquency Prevention 9.4% 5.6% Drug Court 1.2% 3.3% Education 0.2% 0.2% Evaluation and Diagnosis 6.5% 9.2% Foster Home 0.0% 0.1% 0.8% 0.9% 63.4% 38.0% Outpatient 6.8% 6.1% R.A.F.T. 0.0% 0.0% Sex Offender 1.1% 25.6% Substance Abuse 7.6% 5.4% 100.0% 100.0% $2,941,146.24 $8,055,955.01 Out-of-Home TOTAL TOTAL EXPENDITURE R e f e r r a l s b y Sex 40,000 35,000 32,075 32,426 30,000 30,906 30,339 27,004 24,271 25,000 20,000 16,320 16,251 15,843 15,616 15,000 14,036 12,368 10,000 2006 2007 Male 2008 2009 2010 Of the 17,147 females referred in FY11, 14.1% received court funded treatment services during the year compared to 17.6% of the males. Juveniles may be ordered to receive treatment that funded from other sources (Title XIX, self pay, tribal funds, etc.). Only court funded treatment are reflected here. On average, $1220.39 was spent on court funded treatment for females and $1,224.87 was spent on males through the Juveniles Probation Services Fund (JPSF). Table 12.6 FY11 Treatment Expenditures by Category Percentage of Total Dollars Spent Functional Family Therapy Court Funded Treatment Received 2011 Female 57 The largest allocation of treatment monies for both males (38.0%) and females (63.4%) 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 (25.6%) and for females it was delinquency prevention (9.4%). 18B This page intentionally left blank. FY 2011 Notes & Glossary Notes & Glossary ARIZONA’S JUVENILE COURT COUNTS FY11 NOTES ARIZONA’S JUVENILE COURT COUNTS FY11 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 FY11” and “County: Direct Filed and Transferred to Adult Court FY11". 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 strive 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 58 ARIZONA’S JUVENILE COURT COUNTS FY11 Administrative - Court hold, courtesy hold, immigration, sovereignty, traffic, warrant. U U 3. 2006-2021 Population Estimates: Arizona Department of Economic Security, Research Administration, Population Statistics Unit. 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 like fighting which may include 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 left their residences homes or without permission Parent/Guardians permission and 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, §281382, §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. 59 ARIZONA’S JUVENILE COURT COUNTS FY11 d. 4. 5. 6. 6. Participation in an education program, approved by the court, which is designed to deal with ancillary problems experienced by the juvenile, such as alcohol or drug abuse. e. Participation in a non-residential program of rehabilitation or supervision offered by the court or offered by the community youth serving agency and approved by the court. f. Payment of restitution to the victim of the delinquent act. g. Payment of a monetary assessment. 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. 37 ARIZONA’S JUVENILE COURT COUNTS FY11 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 Community-Based Alternative Program is to increase citizen involvement in the juvenile justice process. Community Restitution. Unpaid labor or services provided to a not-for-profit or government agency. Community restitution 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. Community restitution can be a consequence for youth adjudicated to diversion or probation. Complaint. By statute, a complaint is a written statement of the essential facts that constitute a public offense. A 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). 61 ARIZONA’S JUVENILE COURT COUNTS FY11 Delinquent Juvenile. A delinquent juvenile is “a child who is adjudicated to have committed a delinquent act”, with the exception of a child under eight years of age who would be alternatively classified as a “dependent child”. A delinquent juvenile is simply a youth 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 determines 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-of-home placements. The statutes require that all juveniles adjudicated for a second felony offense must be placed on JIPS, committed to ADJC, or sent to adult court. Mandatory Offenses. The statutes mandate that certain serious, violent and chronic offenses, when committed by juveniles of a certain age, must be prosecuted in the adult criminal division of Superior Court. These "mandatory offenses" coincide with the crimes now enumerated in the State Constitution, as amended through the provisions of Proposition 102 and approved by Arizona voters at the 1996 general election. Parole. This term refers only to those juveniles who have been committed to ADJC and are then placed on juvenile "parole" upon their release. Juvenile parole is normally considered to be "conditional liberty." Parole is an executive branch function. Petition. The legal document filed in the juvenile court alleging 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, 62 ARIZONA’S JUVENILE COURT COUNTS FY11 who determines what charges to bring against the juvenile, prepares the delinquent or incorrigibility petition. Referrals. A report submitted to the juvenile court that alleges a child is dependent or incorrigible or that a juvenile has committed a delinquent act. Referrals can be made by police, parents, school officials, probation officers, other agencies or interested 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"; an arrest and possible detention 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. Risk Level: Is the categorization of Low, Medium and High risk based on the state approved tool developed to classify delinquents risk to recidivate in the ensuing twelve months among juveniles referred to the juvenile court. 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. 63 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.