MISSION The Arizona Juvenile Justice Commission provides leadership to the state and local communities to develop and maintain a coordinated, best practice approach to juvenile justice prevention, intervention, and public safety. ARIZONA JUVENILE JUSTICE COMMISSION Cecil B. Patterson, Jr. AJJCCHAIR Derrick Johnson AJJC VICE CHAIR April 2008 Dear Governor Napolitano, Members of the Arizona State Legislature, and Arizonans: On behalf of the Arizona Juvenile Justice Commission, I am pleased to present to you the 2007 Annual Report. During 2007, the Commission continued to emphasize the importance of upholding the core requirements of the Juvenile Justice and Delinquency Prevention (JJDP) Act of 2002 and we are pleased to report a finding of full compliance with the requirements of the Act by the Office of Juvenile Justice and Delinquency Prevention. The commission continued its efforts to support child welfare and juvenile justice integration efforts in all fifteen counties as well as at the state level. By the end of 2007, six counties had been identified for funding specific to these local integration efforts. Throughout 2007, the Commission awarded over $658,720 in Juvenile Accountability Block Grant funds to thirteen Arizona communities, including eight counties, three cities and two tribes. Additionally, over $1.1 million in delinquency prevention funding was awarded to fourteen new programs. Three of the new funded programs serve as alternatives to detention for status and low risk offenders allowing for decreased numbers of juveniles placed in detention. Approximately $400,000 was awarded to renew ten additional delinquency prevention programs. The most significant activity in 2007, however, was the signing ofthe new Executive Order 2007-26 providing needed enhancements to the function and responsibility of this Commission. With this change brought new membership, adding to the expertise and passion of our group. During the last year we have observed an increase in the number of juvenile status offenders being held securely in both detention centers and adult jailor lock ups. We will be monitoring this trend closely and will be working to develop new policies and strategies to address this change to ensure the safety of juveniles across the state and to prevent the potential loss of funding. This next year marks the development of our new three-year plan that will include a focus on the aforementioned issue, further system integration between child welfare and juvenile justice and institutionalization of policies that prevent juvenile delinquency while treating and rehabilitating youth. Sincerely, Cecil B. Patterson Jr., Chair Arizona Juvenile Justice Commission Arizona Juvenile Justice Commission The Honorable Cecil B. Patterson, Jr., Chair Ret. Arizona Court of Appeals (Maricopa County) Michael Branham Director, Arizona Department of Juvenile Corrections (Statewide) The Honorable Robert Brutinel Presiding Juvenile Court Judge Yavapai County Courthouse (Yavapai County) Paul Cunningham Safe Schools Officer Juvenile Probation (Pima County) Derrick Johnson, Vice Chair Phoenix Fire Department (Maricopa County) Alma Laris Youth Member (Maricopa County) Cynthia Lindstrom Youth Member (Maricopa County) Robert Lubitz Administrative Offices of the Courts, Juvenile Justice Services Division (Statewide) Representative David Lujan Arizona House of Representatives (Maricopa County) The Honorable John Foreman Ret. Maricopa County Juvenile Court (Statewide) Margarita Marquez Youth Member (Pinal County) Arjelia "Argie" Gomez President, PROMESA Inc. (Maricopa County) James Molina Case Assistant, Casey Family Foundation (Maricopa County) Luis Ibarra President, Friendly House (Maricopa County) Sanjay Kumar Youth Member (Maricopa County) Michael Owelicio Youth Member (Maricopa County) The Honorable Patricia Orozco Arizona County Court of Appeals Division 1 (Maricopa County) 3 Vada Jo Phelps Executive Director, Cochise Private Industry Council, Inc. (Cochise County) Dennis Pickering BEHCON, Inc. (Maricopa County) Angie Rodgers Policy Advisor, Governor Janet Napolitano (Statewide) Beth Rosenberg Children's Action Alliance (Maricopa County) Dr. Robert Thomas Chief U.S. Probation Officer, Ret. (Maricopa County) Hon. Garye Vasquez State of Arizona, Court of Appeals, 2nd Division (Pinal County) Myrtle Young Director, Cochise County Juvenile Court Services (Cochise County) Helen Gandara Zavala Director, City of Scottsdale Police Department (Maricopa County) Commission Responsibilities The Arizona Juvenile Justice Commission is authorized under Executive Order 2007-26 to receive and allocate federal funds under the Juvenile Justice and Delinquency Prevention Act of 2002 (JJDP). In compliance with the JJDP Act, the Commission consists of 25 members appointed by the Governor. The members have training, experience and special knowledge concerning the prevention and treatment of juvenile delinquency and the administration of juvenile justice. The Commission includes representation from juvenile justice agencies, public agencies, private nonprofit organizations, locallyelected officials, as well as volunteers and youth. Arizona has also designated the Commission to serve as its Juvenile Accountability Block Grant State Advisory Board (JABG SAG), as required under the Omnibus Crime Control and Safe Streets Act of 2002 (42 U.S.C. 3796ee). The JABG SAG is responsible for establishing a coordinated plan for reducing juvenile crime through accountability-based programs. The Commission's roles and responsibilities include: • Advocating for full implementation of the JJDP Act and its core protections for the funding of juvenile justice and delinquency prevention programs; the core protections (commonly referred to as the core requirements) are aimed to protect juveniles in the juvenile justice system from inappropriate placements and from the harm-both physical and psychological-that can occur as a result of exposure to adult inmates; • Establishing priorities for the statewide implementation of the Juvenile Accountability Block Grant (JABG) program; • Establishing a Three-Year Comprehensive plan to reduce and prevent juvenile delinquency; • Addressing the linkage between child maltreatment and juvenile justice; • Obtaining input from juveniles currently under the jurisdiction of the juvenile justice system; • Advising the Governor and the Arizona State Legislature on matters related to the improvement of the juvenile justice system and its services to children, youth and families; and, • Providing leadership to the state and its local communities in developing and maintaining a coordinated, best practice approach to juvenile justice prevention, intervention, and public safety. 4 Authorization for and Duties of the Commission Arizona Juvenile Justice Commission 5 Juvenile Justice and Delinquency Prevention Act (JJDPAct) The Four Core Requirements The JJDP Act requires Arizona to demonstrate compliance with the four core protections defined in the JJDP Act in order to receive formula grant funding from the Office of Juvenile Justice and Delinquency Prevention. The Commission maintains a focus on these core protections in both their policy recommendations and funding priorities: Deinstitutionalization of Status Offenders (DSO) Juveniles who are charged with or who have committed offenses, which would not be criminal if committed by an adult (i.e. status offenders) and non-offenders, shall not be placed in secure detention or secure correctional facilities. The following are considered status offenses: truancy, runaway, violations of curfew, underage possession and/or consumption of tobacco products, and underage possession and/or consumption of alcohol products. Sight and Sound Separation (Separation) Juveniles alleged to be, or found to be delinquent, as well as status offenders and non-offenders, cannot be detained or confined in any institution in which they have sight or sound contact with adult offenders. Adult Jail and Lock-up Removal (Jail Removal) Juveniles who are accused of delinquent acts may not be held in a secure area of an adult jailor lockup for longer than six hours, and must remain separated by sight and sound from adult offenders. Disproportionate Minority Contact (DMC) States are required to address juvenile delinquency prevention efforts and system improvement efforts designed to reduce the disproportionate number of minority youth who come in contact with the juvenile justice system. 6 2007 Accomplishments During 2007, Commissioners: • • • • Received a finding of full compliance with the mandates of the JJDP Act. Held a strategic planning session to review its 2006-2007 strategic initiatives. Sponsored a statewide roundtable on teen pregnancy prevention. Awarded approximately $2.1 million in funding to local agencies. The Commission, with the support and partnership of the Governor's Division for Children: 1. Continued to maintain a finding of compliance with all requirements of the OJJDP Act including areas of Deinstitutionalization of Status Offenders (DSO), Jail Removal, Site and Sound protection, and Disproportionate Minority Contact (DMC). Our compliance with these mandates allows us to continue to participate and receive delinquency prevention funding. This funding is used to support delinquency prevention and alternatives to detention programs statewide. This would not be achieved without the voluntary participation of juvenile detention centers and adult jail and lock up facilities statewide who comply with the mandates of the JJDP Act and allow the Governor's Division for Children to monitor their facilities. 2. Awarded over $1.1 million in delinquency prevention funding fourteen (14) new Title II programs. Three of the new funded programs serve as alternatives to detention for status and low risk offenders. In addition, approximately $400,000 funded the renewal often (10) additional delinquency prevention programs. These programs are based on elements of research that show opportunities for reducing risks associated with delinquent behaviors. Due to the increase in violations related to the secure holding of status offenders and extended hold of delinquent juveniles in adult jail and lock ups, the State of Arizona is at risk of losing 20 percent of this funding with 50 percent of the remaining funds being diverted to address this growing issue. The would equate to a loss of over $200,000 with only $450,000 of the remaining funds available for delinquency prevention. 3. Awarded $658,720 in 2007 Juvenile Accountability Block Grant (JABG) funds to 13 Arizona communities, including eight counties, three cities and two tribes. Throughout Arizona, JABG funds support a variety of successful programs, including community service and restitution programming and safe schools programs, as well as technology enhancements to facilitate more effective and efficient information sharing among juvenile justice stakeholders. 7 2007 Accomplishments Cont'd 4. Sponsored and participated in a statewide roundtable with Dr. Douglas Kirby, a nationally recognized expert on teen pregnancy prevention. Programs and strategies proven most effective for high-risk populations were discussed. Attendees included Presiding Juvenile Judges and Chief Probation Officers for all fifteen counties in Arizona. 5. Gathered together key juvenile justice stakeholders from around the state to participate in the Commission's annual strategic planning and stakeholders retreat. Participants from around the state came together to discuss emerging issues facing state and local communities and the over-arching issues facing child serving agencies. Discussion and planning efforts took place on a variety of topics including the JJDP Act and the four core requirements, system integration and coordination, data collection, disproportionate minority contact, and increased coordination of federal, state and local funding sources. 6. Supported the completion of Arizona's 2007 Compliance Monitoring report. This report documents and analyzes data in regard to Arizona's compliance with the four core protections of the JJDP Act. The report was submitted to OJJDP in December 2007. 7. Updated Arizona's Comprehensive Three Year Plan (2006-2008) and formula grant application to the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention. The plan addresses a number of issues including the major elements of sound policy that preserve public safety, establish effective juvenile justice and delinquency prevention programs and seeks to identify and address disproportionate minority contact along all points of the juvenile justice system. 8. Developed Arizona's Juvenile Accountability Block Grant State Plan for administration of JABG funding. This plan identifies the statewide needs of Arizona's juvenile justice system. Since 1998, the Juvenile Accountability Block Grant program has been instrumental in furthering accountability-based programming and significant improvements in the operation of Arizona's juvenile justice system. 9. Arizona Department of Juvenile Corrections (ADJC) in partnership with the Arizona Juvenile Justice Commission successfully concluded the CRIPA lawsuit. Following the conclusion of the three year suit, the ADJC Advisory Board was formed through Executive Order 2007-22 to ensure the continued safety and rehabilitation of Arizona youth through a transparent and cooperative partnership with service agencies and the community. Members of the Commission participated in the original CRIPA board and are now active members of the new Advisory Board. 8 Progress Toward Strategic Objectives Compliance With the Core Requirements of the Juvenile Justice and Delinquency Prevention Act. Arizona's compliance status not only has direct implications for grant eligibility, but also is reflective of the realities of policy and practice in the field with regard to how juveniles are treated within law enforcement facilities and detention centers. The Commission is committed to working to identify opportunities for the provision of training and technical assistance to Arizona's communities, collaborating with communities and supporting effective alternatives to detention, and identifying existing local resources to avoid compliance violations. The following activities have taken place to meet the Strategic Objectives set for this goal: • Monthly and quarterly collection and analysis of jurisdiction-specific compliance violations • Supported local community stakeholder forums, in Pima and Maricopa Counties, to facilitate a collaborative approach to detention alternatives • Conducted the annual AZPOST training for over 60 local law enforcement officers and held on-site trainings for over 245 detention center personnel • Developed and published the Field Operation Guide on the JJDP Act Compliance Mandates and other training materials for local law enforcement and detention center personnel • Continuously collaborated with granting body of AJJC to increase coordination among funding sources to fully address gaps such as limited alternatives to detention through the funding of the JAG and Mayfield centers • Identified strategies to reduce violations or factors contributing to violations of the core requirements: 1) Addition of a transportation component to alternatives to detention centers 2) Increase in training opportunities for the juvenile court bench 3) Shared compliance responsibility across multiple staff positions 4) Enhancement of compliance committee membership 9 Progress Toward Strategic Objectives Disproportionate Minority Contact. As dictated by the core protections of the JJDP Act, the Commission is committed to developing effective strategies and programs to address minority youth who come in contact with the juvenile justice system. Essential to this effort is the establishment of an integrated and comprehensive approach to identifying opportunities for community-level change with respect to policing, developing culturally competent assessments and services, and identifying existing model programs and available resources. The Commission will continue to support statewide efforts currently underway to address the disproportionate minority contact and confinement. The following activities have taken place to meet the Strategic Objectives set for this goal: • Institutionalization of the Statewide Report Card on Over-Representation of Minority Youth within the Juvenile Justice System and the publication of this report every other year in partnership with the Arizona Supreme Court's Commission on Minorities • Participation in and partial funding of Arizona's Building Blocks Initiative and Maricopa and Pima County's Disproportionate Minority Contact reduction activities • Expansion of the Disproportionate Minority Contact Committee to increase coordination among funding sources to fully address gaps • Assistance with the replication and implementation of the Juvenile Detention Alternative's Initiative model currently used in Pima to Maricopa County Prevention, Early Intervention, and Family Involvement. The Commission recognizes that rehabilitation of children who come in contact with the juvenile justice system is dependent on an approach that emphasizes effective treatment, services and prevention. Earlier identification of youth at risk, implementation of Best Practices that focus on balanced and restorative justice, and promotion of alternative approaches that will make consequences more meaningful to juveniles, are ideas that should be explored and expanded. Moreover, employing a remedial model to deal with children in the juvenile justice system would be more responsive to those children who are also in the child welfare system. The following activities have taken place to meet the Strategic Objectives set for this goal: • Prioritization of funding that ensures a connection with the four core requirements, juvenile delinquency prevention and intervention that ensures statewide compliance with the JJDP Act • Continued support of the development of coordinated efforts between Arizona's primary juvenile justice agencies: AOC and ADJC through joint funding projects and involvement in cross-system initiatives • Promoted the use of Juvenile Accountability Block Grant dollars to support alternative approaches that will make consequences more meaningful to juveniles and support accountability-based programming • Participation of members of the AJJC and specific committees in grant development, release and review to ensure that funding decisions are based on coordinated and promising practice strategies 10 Progress Toward Strategic Objectives System Integration and Coordination. The Commission is committed to supporting current state and local efforts under way to identify at-risk youth and families in order to provide multiple systems involvement earlier, provide more comprehensive and effective services, and cultivate improved outcomes for children and youth who are at-risk for, or who have experienced maltreatment. The following activities have taken place to meet the Strategic Objectives set for this goal: • Formation of the following subcommittees under the Child Welfare/Juvenile Justice Integration Executive Committee (specific accomplishments for each subcommittee is included): 1) Sharing of Information Subcommittee A) Inventory and analysis of all Arizona statutes related to information sharing B) Information Officer positions classified in each County Probation and Department of Health Services Office 2) Children in Out of Home Care Subcommittee A) Mapping of key decision points and intersects between various systems B) Addition of family representatives to develop a blueprint for integration C) Development of standards for the utilization and requirement of outcome data 3) Data Subcommittee A) Recognition of shared identification numbers allowing for exchange of information B) Selection of data elements to be collected across systems 4) Training Subcommittee A) Identification of training needs to institutionalize information sharing guidelines Identification of six counties for funding to host "mini summits" focused on localized integration efforts including; Maricopa, Navajo, Yavapai, Mohave, Cochise and Yuma Counties • Public Education. The Commission has identified public education as a key component in their strategic plan. The Commission is interested in communicating accurate information about the juvenile justice system to a variety of audiences in Arizona. Other elements of a public education strategy include providing information to communities regarding available resources and tools such as JOLTS, the Arizona Youth Survey, and other data that facilitate the development and improvement of local programs. The following activities have taken place to meet this goal: • Continued support of data collection, analysis and distribution from the Arizona Youth Survey • Presentations of data collected and analyzed in the Statewide Report Card in partnership with the Administrative Office of the Courts and the Commission on Minorities • Information exchange roundtable with Golden Gate Community Center staff and youth • Annual training of law enforcement and on-site training of detention staff 11 Recommendations to the Governor and the Arizona State Legislature The Commission has adopted the following recommendations and submits them to the Governor and the Legislature for consideration: • Advocate for continued adherence with all requirements and mandates of the Juvenile Justice and Delinquency Prevention Act throughout Arizona. • Focus on legislation and policies to reduce the over-representation of minority youth throughout the juvenile justice system. • To ensure stable federal funding, work to change state laws that conflict with federal law, including the examination of current Arizona Statute 4-244 Section 40 that classifies a minor in possession of alcohol as a criminal offense. • Implement the recommendations ofthe Child Welfare/Juvenile Justice Integration Executive Committee to ensure immediate identification and improved services for youth who are dually involved or at risk of dual involvement in the child welfare and juvenile justice systems. • Introduction of legislation, policies and resources that ensure the safety and appropriate treatment and rehabilitation of juvenile within the juvenile justice system. • Improve the availability and access of prevention services to reduce the number of youth entering the juvenile justice system. • Examine mental health and Medicaid modification efforts nationally to improve access to all behavioral health services. 12 Appendix A. Juvenile Justice and Delinquency Prevention (JJDP) Grant 1. 2. 3. Four Core Requirements of the JJDP Act JJDP Fund Description JJDP Priority Areas B. Juvenile Accountability Block Grant (JABG) 1. JABG Fund Description 2. JABG Priority Areas 13 Juvenile Justice and Delinquency Prevention (JJDP) JJDP Fund Description The Title IT Formula Grant supports a wide range of programs for prevention of, or early intervention in, juvenile delinquency. The Title V Incentive Grant focuses exclusively on preventing delinquency of at-risk youth by reducing risk factors for juvenile delinquency, enhancing protective factors to prevent youth at risk of becoming delinquent from entering the juvenile justice system, and to intervene with ftrst-time and nonserious offenders to keep them out of the juvenile justice system. JJDP Priority Program Areas • Delinquency Prevention: Programs, research or other initiatives designed to reduce the incidence of delinquent acts and directed to the general youth population thought to be "at risk" of becoming delinquent. • Alternatives to Detention: Services provided to a juvenile offender in the community as an alternative to incarceration. This priority area also will encompass the program area descriptions within: Deinstitutionalization of Status Offenders, Disproportionate Minority Contact, Jail Removal, and Juvenile Justice System Improvement. • Native American Programs: Programs to address juvenile justice and delinquency prevention issues for American Indians and Alaska Natives. • Compliance Monitoring: Programs, research, staff support, or other activities designed primarily to enhance or maintain a state's ability to adequately monitor jails, detention facilities, and other facilities to assure compliance with the JJDP Act of 2002. 14 Juvenile Accountability Block Grant (JABG) JABG Fund Description JABG is an entitlement grant and allocations are available to eligible units of government. JABG provides states and local units of government with funds to encourage the development ofjuvenile justice policies, procedures, and programs that promote juvenile accountability. The stated goals of the program include: • • • Reduction of juvenile delinquency Improvement of the juvenile justice system Increased accountability for juvenile offenders JABG Priority Program Areas • Quality in Confinement and Training Building, expanding, renovating or operating temporary or permanent juvenile correction or detention facilities; Establishing and maintaining training and programs for such personnel to improve facility practices and programming. • Risk and Needs Assessment Establishing and maintaining programs to conduct risk and needs assessments of juvenile offenders that facilitate the effective early intervention and the provision of comprehensive services, including mental health screening and treatment and substance abuse testing and treatment, to such offenders. • Information Sharing Establishing and maintaining interagency information-sharing programs that enable the juvenile and criminal justice systems, schools, and social services agencies to make more informed decisions regarding the early identification, control, supervision, and treatment of juveniles who repeatedly commit serious delinquent or criminal acts. • Accountability-Based Programs Establishing accountability based programs designed to reduce recidivism among juveniles who are referred by law enforcement personnel or agencies. 15 For additional information about the Arizona Juvenile Justice Commission, please contact the Governor's Divisionfor Children at (602) 542-3486. Visit the Commission's website at: www.gocyf.az.gov Report prepared and distributed by: The Governor's Office for Children, Youth and Families Division for Children 1700 West Washington,Suite 101 Phoenix, AZ 85007 Telephone: 602-542-3486 Fax: 602-542-4644 http://www.gocyf.az.gov