Agenda Introduction (Chairs) Our Charge (Chairs) Timeline & - - PDF document

1 ALABAMA JUVENILE JUSTICE TASK FORCE

Agenda

• Introduction (Chairs)
• Our Charge (Chairs)
• Timeline & Process (Chairs)
• Juvenile Justice Purpose & Goals (Chief Justice)
• System Assessment & Drivers Part 1 (Pew)
• Next Steps (Chairs)

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Our Charge

“The task force is hereby authorized and directed to study, evaluate, and analyze, a comprehensive review of the state's juvenile justice system and, using a data-driven approach, develop evidence-based policy recommendations for legislative consideration that will accomplish the following:

• Protect public safety;
• Hold juvenile offenders accountable;
• Contain costs;
• Improve outcomes for youth, families, and communities

in Alabama.”

Timeline and Process

Stakeholder Engagement

June- August

• Data Analysis
• System Assessment

September

• Research Review
• Data Follow-Up
• Policy Development
• Subgroups

October

• Subgroups
• Policy Development
• Policy Consensus

November

• Policy Consensus
• Final Report

3

Stakeholder Roundtables

Completed Roundtables

 Detention directors June 15  Juvenile judges July 10  Diversion program providers July 12  County commissioners July 17

Scheduled Roundtables

 Youth in facilities July 21, 27  Probation

• fficers

July 25, 27  Defense counsel July 25  DYS contracted providers July 26  Law enforcement August 23

Anticipated Roundtables

 Prosecutors  Educators  Crime victims, survivors and advocates  Youth and families  Others as requested by Task Force

Juvenile Justice Act Purpose

The purpose of this chapter is to facilitate the care, protection, and discipline of children who come under the jurisdiction of the juvenile court, while acknowledging the responsibility of the juvenile court to preserve the public peace and security.

§ 12-15-101. Purpose of the Alabama Juvenile Justice Act; short title; goals for the juvenile court.

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Juvenile Justice Goals

Abridged from §12-15-101 (see handout for full text)

1) Preserve and strengthen the family 2) Remove a child from parents only for the safety of the public 3) Reunite a child with parents as quickly and as safely as possible 4) Provide the necessary treatment, care, guidance, and discipline to assist in becoming a productive member of society 5) Promote a continuum of services for children and their families, especially diversion and early intervention 6) Promote the use of community-based alternatives 7) Hold a child accountable for his or her actions, including restitution 8) Achieve these goals in the least restrictive setting necessary, with a preference for parental participation and accountability

Juvenile Justice Drivers Analysis and System Assessment, Part 1

Alabama Juvenile Justice Task Force July 20, 2017

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Presentation Sources (Part 1)

Interviews and Questionnaires

Interviews  Department of Youth Services (DYS)  Department of Human Resources (DHR)  Department of Mental Health (DMH)  Administrative Office of Courts (AOC)  Judges, Prosecutors, Defense Attorneys  Chief Probation Officers, Juvenile Probation Officers, and Intake Officers  Department of Education Questionnaires  182 Juvenile Probation Officer Respondents

• Response Rate: 59%
• 82% of counties represented

Documents Reviewed

 State Statutes  Alabama Administrative Code  Court Rules  DYS Policies  AOC Policies  Local Probation Policies  State Board of Education Policies  School District Policies

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Presentation Sources (Part 1)

Data and Methodology

Data Reviewed:  AOC data on complaints from 2006-2016  Licensed detention facilities monthly reports to DYS from 2012-2016  Includes all detention admissions (pre- and post-adjudication)  Aggregate data otherwise cited:

• Alabama Law Enforcement Agency data on juvenile arrests from 2006-2015
• OJJDP data on Alabama youth population from 2015 - Puzzanchera, C., Sladky,
• A. and Kang, W. (2016)

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Complaint Intake Adjudication Disposition Probation Detention DYS Custody Aftercare DHR Custody Other

Presentation Scope (Parts 1 and 2)

Complaint to Adjudication Presentation 1 Disposition, Supervision and Custody Presentation 2 Pre-Disposition Custody

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Complaint Intake Adjudication Disposition Probation Detention DYS Custody Aftercare DHR Custody Other

Presentation Scope (Parts 1 and 2)

DYS & County DYS Funded DHR Funded AOC & County Funded Complaint to Adjudication Presentation 1 Disposition, Supervision and Custody Presentation 2 Pre-Disposition Custody

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13

Approximately 100 judges preside over 67 juvenile courts

67 Juvenile Courts

• Circuit Court Judges
• District Court Judges
• Referees

≈ 100 Judges 12 Referees

• Intake
• Probation

≈ 310 Juvenile Probation Officers (JPO)

14

In addition to juvenile matters, juvenile courts preside over civil and criminal matters related to both children and adults

Task Force’s primary jurisdictional focus

Criminal

Contributing to the delinquency of a minor Violations of mandatory school attendance law (parents)

Juvenile

CHINS Delinquent acts Financial obligations Adult transfer Interstate compact School attendance

Civil

Dependency (including abuse, neglect) Emancipation Termination of parental rights Custody, marriage, spousal support

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15

Complaint

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A broad array of youth behavior committed before age 18 may lead to court involvement

*Delinquent acts committed by a child 16 or 17 years of age who is subject to the jurisdiction of the criminal court under §12-15-102(6) not included No minimum age of prosecution

Delinquent Acts

(committed before age 18)*

• Delinquent status offenses
• Minor in possession of alcohol
• Infractions
• Misdemeanors
• Felonies

CHINS

(committed before age 18)

• Truancy
• Beyond parental control
• Runaway
• Other status offenses
• Municipal ordinance violations

(that apply only to children)

• Valid court order violations

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Instead of lodging a formal complaint, certain behaviors may be addressed informally

Formal Complaint? Yes No Alternate Referral School-based services Early Warning Counseling Local Mental Health Counseling Local DHR Family Preservation Parental Response Private pay services Parental discipline Other programs

• r services

No Referral

Mandatory under certain circumstances Any person may make a formal complaint

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For certain school-based behaviors, state law mandates formal reporting and may penalize failure to report

SCHOOL-BASED COMPLAINTS Behavior Statutory Reporting Requirement Penalty for Failure to Report Truancy

• The superintendent of education…shall

report suspected violations to the district attorney within 10 days.

• Class C

Misdemeanor Drug or alcohol use

• The principal shall notify appropriate

law enforcement officials when any person violates local board of education policies concerning drugs or alcohol.

• N/A

Weapons

• [T]he school principal shall notify the

appropriate law enforcement authority.

• N/A

Violent disruptive incidents

• Principal shall file a report…and [it]

shall be furnished [to] the county sheriff.

• Class C

Misdemeanor

Code of Ala. § 16-1-12, 16-1-24, 16-1-24.1, 16-1-24.3

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For truancy, state law requires schools to file a complaint against the parent, but practice varies

7 unexcused absences? School reports truancy to superintendent Superintendent reports to DA Parent prosecuted by DA If parent signs affidavit, complaint may be filed against child

Code of Ala. § 16-28-12, § 16-28-13, § 16-28-14 State rule permits local policy to be more restrictive DA MUST vigorously enforce truancy law Parent may avoid prosecution by signing affidavit or making specific defenses

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Complaints

Data

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Statewide, complaints have decreased 50% over the past decade

56,028 27,977 10,000 20,000 30,000 40,000 50,000 60,000 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

Total Complaints

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Arrests have decreased with complaints, down 56% since 2006

56,028 27,977 13,089 5,719 2,500 5,000 7,500 10,000 12,500 15,000 17,500 20,000 10,000 20,000 30,000 40,000 50,000 60,000 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Total Arrests Total Complaints

Total Complaints vs. Total Arrests

Complaints Arrests Arrest Data Source: Alabama Law Enforcement Agency

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Felony offenses have remained stable, but CHINS offenses have risen from 31% to 39% of complaints

Felony 20% Misdemeanor 39% Traffic 1% CHINS 31% Technical Violation 9%

Complaints by Offense Level, 2006 (N=52,516)

Felony 20% Misdemeanor 32% Traffic 0.4% CHINS 39% Technical Violation 9%

Complaints by Offense Level, 2016 (N=25,956)

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8 of top 10 offenses at complaint are status offenses or misdemeanors; truancy complaints’ proportion nearly doubled

Offense Count % Total

1 CHINS / Truancy

8,793 17%

2 CHINS / Beyond Control

4,128 8%

3 Disorderly Conduct

4,032 8%

4 Violation of Probation /

Delinquent 3,322 6%

5 Harassment

3,162 6%

6 Theft of Property - 3rd

2,846 5%

7 Miscellaneous / Other

2,027 4%

8 Domestic Violence - 3rd

2,000 4%

9 Unlawful Possession of

Marijuana - 2nd 1,976 4%

10 Assault - 3rd

1,865 4% Statewide Total 52,516 Offense Count % Total

1 CHINS / Truancy

7,783 30%

2 Violation of Probation /

Delinquent 1,768 7%

3 Theft of Property - 3rd

1,468 6%

4 Harassment

1,398 5%

5 Disorderly Conduct

1,223 5%

6 Domestic Violence - 3rd

1,134 4%

7 Unlawful Possession of

Marijuana - 2nd 1,116 4%

8 Unauthorized Use of a Vehicle

860 3%

9 CHINS / Beyond Control

840 3%

10 CHINS / Runaway

720 3% Statewide Total 25,956 Top 10 Offenses at Complaint, 2006 Top 10 Offenses at Complaint, 2016

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31% of complaints come from schools, up from 20% in 2006

45% 47% 46% 20% 29% 31% 6% 5% 8% 8% 8% 7% 8% 7% 7% 11% 4% 1% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 2006 (N=56,028) 2011 (N=41,649) 2016 (N=27,977)

Complaints by Referral Source

Law Enforcement School Probation Officer Parents, Guardian, Relative Victim Other

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Age at complaint has remained close to 15 years old since 2006

14.8 15.0 12 13 14 15 16 17 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Years

Mean Age at Complaint

14

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Age at complaint also stable within each offense level

14.0 14.0 15.1 15.1 14.8 15.4 15.4 15.5 15.6 15.8 12 13 14 15 16 17 2006 2011 2016 Age in Years

Mean Age at Complaint by Offense Level

CHINS Traffic Misdemeanor Felony Technical Violation

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Twice as many complaints are filed against boys as girls

51% 68% 49% 32% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Youth Population, 2015 (N=504,235) Total Complaints, 2016 (N=27,977)

Complaints by Gender

Male Female Youth Population Data Source: Puzzanchera, C., Sladky, A. and Kang, W. (2016)

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Larger proportion of Black youth in complaints compared to

• verall youth population

3% 2% 6% 1% 31% 48% 61% 49% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Youth Population, 2015 (N=504,235) Total Complaints, 2016 (N=27,723)

Complaints by Race

White Black Latino/Hispanic Asian, American Indian, Other Youth Population Data Source: Puzzanchera, C., Sladky, A. and Kang, W. (2016)

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Several counties issue higher proportion of complaints compared to their proportion of the youth population

County % Youth Population (2015) % All Complaints (2016)

1 Mobile

9% 9%

2 Jefferson

13% 8%

3 Madison

7% 6%

4 Montgomery

5% 6%

5 Baldwin

4% 5%

6 Morgan

3% 4%

7 Cullman

2% 4%

8 Talladega

2% 3%

9 Houston

2% 3%

10 Tuscaloosa

4% 3% Statewide Total 504,235 27,925 Top 10 Counties for Complaints, 2016

Youth Population Data Source: Puzzanchera, C., Sladky, A. and Kang, W. (2016)

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Racial disparities exist within counties, not just statewide

Top 10 Counties for Complaints % Black Youth (in county, 2015) % Black Complaints (in county, 2016) % Difference (in county)

1 Mobile

42% 70% +28%

2 Jefferson

50% 72% +22%

3 Madison

27% 62% +35%

4 Montgomery

65% 93% +28%

5 Baldwin

12% 27% +15%

6 Morgan

16% 40% +25%

7 Cullman

2% 1%

• 1%

8 Talladega

38% 55% +17%

9 Houston

34% 63% +29%

10 Tuscaloosa

39% 69% +30% Percentages of Black Youth and Black Complaints in Top 10 Counties, 2016

Youth Population Data Source: Puzzanchera, C., Sladky, A. and Kang, W. (2016)

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County variation in proportion of school complaints compared to youth population

County % Youth Population (2015) % Total School Complaints (2016)

1 Jefferson

13% 11%

2 Cullman

2% 9%

3 Morgan

3% 9%

4 Talladega

2% 7%

5 Coffee

1% 6%

6 Montgomery

5% 5%

7 Marshall

2% 5%

8 Bibb

<1% 3%

9 Mobile

9% 3%

10 Calhoun

2% 3% Statewide Total 504,235 8,540 Top 10 Counties for School Complaints, 2016

Youth Population Data Source: Puzzanchera, C., Sladky, A. and Kang, W. (2016)

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In three counties, approximately 3 out of 4 complaints are from schools

77% 73% 71% 65% 65% 65% 61% 60% 58% 55% 0% 20% 40% 60% 80% 100% Cullman Cherokee Bibb Talladega Morgan Coffee Crenshaw DeKalb Winston Marshall % School (of All Complaints)

Top 10 Counties for School Complaints as Percentage of All Complaints, 2016

Statewide (31%)

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Small gender disparities in school complaints

Youth Population Data Source: Puzzanchera, C., Sladky, A. and Kang, W. (2016) 51% 54% 49% 45% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Youth Population, 2015 (N=504,235) Total Complaints, School (N=8,475)

School Complaints by Gender

Male Female

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Black youth are overrepresented in school complaints

Youth Population Data Source: Puzzanchera, C., Sladky, A. and Kang, W. (2016) 3% 2% 6% 3% 31% 38% 61% 57% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Youth Population, 2015 (N=504,235) Total Complaints, School, 2016 (N=8,399)

School Complaints by Race

White Black Latino/Hispanic Asian, American Indian, Other

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Complaint Key Takeaways

• Decision Making

– A broad range of youth behavior can lead to a complaint – A complaint may be filed against youth for behavior committed at any age before 18 – Rather than make a complaint, alternatives to court referral may be used to divert youth from deeper system involvement, but availability varies – For certain school-based behaviors, alternatives may not be utilized because state law mandates reporting and penalizes failure to report – State law mandates prosecution of parents for truancy in certain situations, and youth in other situations – Local interpretations of statutory complaint criteria for truancy lead to disparate responses to similar behavior statewide

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Complaint Key Takeaways

• Youth Flow

– Low-level offenses make up vast majority of complaints

• Truancy is the top offense for complaints coming into the system,

and its share has nearly doubled

• Misdemeanor and status offenses account for 71% of all complaints

– Schools account for a larger share of complaints in 2016 than they did in 2006, driven primarily by truancy – Some counties account for a larger share of complaints than they do of the state’s youth population

• In some counties, more than 3/4 of complaints come from schools

– Boys and Black youth have a higher representation among complaints than they do in the state’s youth population

• These disparities persist even within counties and have remained

steady since 2006

• Other?

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Intake

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Intake preliminary inquiry* Probable Cause and Best Interests Analyses Petition? No Dismissal Informal Adjustment Other Referral Yes Detention determination Best interest is not defined

Once a complaint is alleged, intake officers have broad discretion to make custody and charging determinations

No standard eligibility criteria

Code of Ala. § 12-15-125, 12-15-127, 12-15-128

*Preliminary inquiry conducted by JPO (JPO = Intake Officer) Secure Detention Shelter Release

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Law enforcement custody decision Intake preliminary custody inquiry Is detention required? If required, petition must be filed and hearing held within 72 hours (cannot be informally adjusted)

If an intake officer determines that detention is required, a petition must be filed and a hearing held within 72 hours

Code of Ala.§ 12-15-127 It is required if child alleged delinquent for possession of certain firearms Release presumed unless detention “appears required” It may be required if:

• FTA history
• Threat to others/property
• Threat to child
• No suitable person

supervise & care for child Release presumed unless detention “is required”

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Detention decision is largely discretionary

Code of Ala.§ 12-15-127

Detention assessment used in a few jurisdictions to guide decision No statewide detention risk assessment tool

Factors Used to Determine Whether Detention is Required*

Statutory Criteria Choice to detain discretionary? Statutory considerations

• pen to interpretation

No suitable person able to supervise & care for child Yes

• Who is a “suitable” person?
• What is “appropriate”

supervision/care? Serious threat of substantial harm to the child Yes

• What type of threat is “serious”

enough to warrant detention?

• What is “substantial?”

Alleged delinquent + clear and substantial threat of harm to

• thers or their property

Yes

• When is a threat “clear” and

“substantial”?

• What information is used to

decide? History of failure to appear Yes

• What constitutes sufficient

“history”? Alleged delinquent for pistol, short-barreled rifle or shotgun possession No

• N/A

No statewide funding stream for in-home alternatives to detention to allow youth additional ways to be supervised pre-adjudication

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Detention

Data

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Admissions to detention centers are down 21% since 2012, failing to keep pace with decreasing complaints (down 27%)

6,612 5,236 38,517 27,977 10,000 20,000 30,000 40,000 50,000 2,000 4,000 6,000 8,000 10,000 2012 2013 2014 2015 2016 Total Complaints Total Detention Admissions

Detention Center Admissions vs. Complaints

Total Detention Admissions Total Complaints

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Number of youth in detention largely unchanged since 2012

278 305 313 311 289 100 200 300 400 2012 2013 2014 2015 2016

Total Detention Population on July 1

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Black youth have larger overrepresentation in detention admissions than in complaints

8% 3% 4% 31% 48% 57% 61% 49% 38% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Youth Population, 2015 (N=504,235) Total Complaints, 2016 (N=27,723) Total Detention Admissions, 2016 (N=5,236)

Detention Admissions by Race

White Black Other Youth Population Data Source: Puzzanchera, C., Sladky, A. and Kang, W. (2016)

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Boys account for almost four times as many detention admissions as girls

Youth Population Data Source: Puzzanchera, C., Sladky, A. and Kang, W. (2016) 51% 68% 79% 49% 32% 21% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Youth Population, 2015 (N=504,235) Total Complaints, 2016 (N=27,977) Total Detention Admissions, 2016 (N=5,236)

Detention Admissions by Gender

Male Female

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Some detention facilities are overrepresented in admissions, given the proportion of the youth population they serve

6% 16% 3% 13% 8% 9% 7% 7% 6% 9% 12% 5% 8% 13% 5% 11% 5% 5% 4% 10% 8% 19% 7% 5% 0% 5% 10% 15% 20% Baldwin Co (Regional) Coosa Valley (Regional) Dallas Co (Regional) Jefferson Co Lee Co (Regional) Montgomery Co (Regional) Madison Co SE Alabama Youth Services (Regional) Shelby Co (Regional) Mobile Co Tennessee Valley (Regional) Tuscaloosa Co (Regional)

Detention Admissions by Licensed Facility, 2016 (N=5,236)

% Youth Population % Detention Admissions

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Some detention facilities are overrepresented in admissions, given the proportion of the youth population they serve

6% 3% 7% 6% 9% 8% 5% 10% 8% 19% 0% 5% 10% 15% 20% Baldwin Co (Regional) Coosa Valley (Regional) Dallas Co (Regional) Jefferson Co Lee Co (Regional) Montgomery Co (Regional) Madison Co SE Alabama Youth Services (Regional) Shelby Co (Regional) Mobile Co Tennessee Valley (Regional) Tuscaloosa Co (Regional)

Detention Admissions by Licensed Facility, 2016 (N=5,236)

% Youth Population % Detention Admissions

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Different detention facilities experienced more admissions in 2016 compared to 2012

500 1,000 1,500 Baldwin Co (Regional) Coosa Valley (Regional) Dallas Co (Regional) Jefferson Co Lee Co (Regional) Montgomery Co (Regional) Madison Co SE Alabama Youth Services (Regional) Shelby Co (Regional) Mobile Co Tennessee Valley (Regional) Tuscaloosa Co (Regional)

Detention Admissions by Facility

2012 2016

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Different detention facilities experienced more admissions in 2016 compared to 2012

500 1,000 1,500 Baldwin Co (Regional) Coosa Valley (Regional) Dallas Co (Regional) Jefferson Co Lee Co (Regional) Montgomery Co (Regional) Madison Co SE Alabama Youth Services (Regional) Shelby Co (Regional) Mobile Co Tennessee Valley (Regional) Tuscaloosa Co (Regional)

Detention Admissions by Facility

2012 2016 Up 7%

Up 8%

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Informal Adjustment and Petitions

52

Eligibility criteria and conditions for informal adjustment not standard statewide

• Ala. R. Juv. P. Rule 15

INFORMAL ADJUSTMENT CRITERIA State Mandates State Permits Eligibility Consent of child and parent; Advised of right to counsel Any Length 6 months Shorter duration Conditions No mandate Any Custody No mandates Any voluntary Fees No mandate; no authorization Any

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Lack of statewide informal adjustment standards leads to disparate practices

Pickens County

Regular supervision Fee for supervision Random drug screenings ($25 each)

Montgomery County

No supervision/ “lecture & release” No fee No conditions

Jefferson County

Weekly phone calls with intake officer No fee No formal conditions Informal adjustment practices vary from county to county

54

Variation in JPO reports for types of offenses in which informal adjustment is used

JPO Questionnaire: Offense Type for Informal Adjustment (N=165) CHINS 84% Class B misdemeanor offenses and below 64% Class A misdemeanor offenses 51% Traffic offenses 50% Marijuana offenses 42% Other drug possession and/or drug related offenses 29% All offense types 18% Other infractions 18% Felony offenses 8% Totals do not add to 100% because categories are not mutually exclusive

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JPO respondents reported varied length of informal adjustment across the state

91 to 180 days 48% 61-90 days 27% 31-60 days 17% 0-30 days 6% More than 180 days 2%

JPO Questionnaire: Reported Length of Informal Adjustment (N=165)

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Before a petition is filed, “best interests” finding is required, but that standard is undefined and inconsistent

Intake Preliminary Inquiry Probable Cause Analysis Best Interests Analysis Dismissal Informal Adjustment Petition Delinquent CHINS Criminal Other Referral Code of Ala. § 12-15-120 A petition… shall not be filed by a juvenile court intake officer unless the juvenile court intake officer has determined…that the filing

• f the petition is in the best interests of the

public AND the child.

• Ala. R. Juv. P. Rule 12

Deliver a petition…to the clerk for filing if the juvenile court intake officer finds that the best interests of the child OR of the public requires judicial action.

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Child is 16 or older at time

• f offense & charged with:

Capital offense Felony – Class A Felony + deadly weapon use Felony + death or serious physical injury Felony + dangerous instrument used on law enforcement, correctional officer, probation or parole officer, district attorney, judge, court officer, grand juror or witness, teacher or principal. Drug trafficking

Code of Ala.§ 12-15-204

When a petition is filed, statute excludes some youth from juvenile court due to age and offense type

Petition filed Adult criminal court case

• - A petition may be filed to waive any child 14+ to criminal court for any criminal offense
• - All children previously convicted in criminal court must be filed on in adult court

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Informal Adjustments and Petitions

Data

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Petitions down 52%, but 2/3 of complaints still result in petitions (similar to 2006)

38,414 18,494 69% 66% 0% 10% 20% 30% 40% 50% 60% 70% 80% 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 45,000 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Proportion of Complaints Total Petitions

Total Petitions

Number of Petitions % of Complaints that are Petitioned

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Informal adjustments and lecture and releases down 55%, more than 52% decrease in petitions

12,137 5,402 22% 19% 0% 5% 10% 15% 20% 25% 30% 2,000 4,000 6,000 8,000 10,000 12,000 14,000 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Proportion of Complaints Total I.A. and L.R.

Total Informal Adjustments and Lecture & Releases

Number of Informal Adjustments and Lecture and Releases % of Complaints that are Informal Adjustments or Lecture and Releases

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Variation in types of actions for complaints across counties

Top 10 Counties for Complaints, 2016 Petition Informal Adjustment Lecture and Release No Further Action Referral Other Total Mobile 82% 13% 0% 3% 1% 0% 2,499 Jefferson 41% 4% 3% 23% 28% 1% 2,309 Madison 43% 10% 21% 26% 0% 1% 1,608 Montgomery 73% 15% 0% 11% 0% 0% 1,601 Baldwin 78% 19% 0% 1% 1% 2% 1,359 Morgan 58% 0% 28% 13% 0% 0% 1,172 Cullman 18% 82% 0% 0% 0% 0% 990 Talladega 41% 0% 55% 0% 0% 4% 961 Houston 53% 13% 9% 16% 6% 4% 925 Tuscaloosa 56% 15% 6% 6% 13% 4% 879 Statewide 66% 10% 9% 9% 3% 2% 27,925 Actions for Complaints, 2016

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Top 10 Counties for Complaints, 2016 Petition Informal Adjustment Lecture and Release No Further Action Referral Other Total Mobile 82% 13% 0% 3% 1% 0% 2,499 Jefferson 41% 4% 3% 23% 28% 1% 2,309 Madison 43% 10% 21% 26% 0% 1% 1,608 Montgomery 73% 15% 0% 11% 0% 0% 1,601 Baldwin 78% 19% 0% 1% 1% 2% 1,359 Morgan 58% 0% 28% 13% 0% 0% 1,172 Cullman 18% 82% 0% 0% 0% 0% 990 Talladega 41% 0% 55% 0% 0% 4% 961 Houston 53% 13% 9% 16% 6% 4% 925 Tuscaloosa 56% 15% 6% 6% 13% 4% 879 Statewide 66% 10% 9% 9% 3% 2% 27,925 Actions for Complaints, 2016

Variation across counties in proportion of complaints that are petitioned

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63

Higher representation of boys in petitions than in informal adjustments

Female 44% Male 56% Informal Adjustments and Lecture & Releases by Gender, 2016 (N=5,358) Female 26% Male 74% Petitions by Gender, 2016 (N=18,452)

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Higher representation of Black youth in petitions than in informal adjustments

2% 2% 1% 3% 49% 37% 48% 59% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Total Petitions (N=18,374) Total Informal Adjustments and Lecture & Releases (N=5,308)

Petitions and Informal Adjustments and Lecture & Releases by Race, 2016

Asian, American Indian, Other Latino/Hispanic Black/African American White

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65

CHINS offenses have higher representation among informal adjustments than petitions

Felony 26% Misdemean

• r

38% Traffic 1% CHINS 22% Technical Violation 13%

Petitions by Offense Level, 2016 (N=16,706)

Felony 8% Misdemeanor 25% Traffic 0.2% CHINS 67% Technical Violation 0.5%

Informal Adjustments by Offense Level, 2016 (N=5,313)

66

Truancy and misdemeanors account for 7 of top 10 petitioned offenses

Petitions, 2016 Count % Total Felony?

1 CHINS / Truancy

2,363 14%

2 Violation of Probation /

Delinquent 1,710 10%

3 Theft of Property - 3rd

952 6% ✓

4 Harassment

912 5%

5 Domestic Violence - 3rd

876 5%

6 Unlawful Possession of

Marijuana - 2nd 874 5%

7 Unauthorized Use of a Vehicle

809 5% ✓

8 Disorderly Conduct

722 4%

9 Burglary - 3rd

589 4% ✓

10 Criminal Mischief - 3rd

555 3% Statewide Total 16,706 Top 10 Offenses for Petitions

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67

Complaints from schools lead to a larger share of informal adjustments; complaints from law enforcement lead to a larger share of petitions

58% 28% 16% 60% 11% 0% 7% 6% 7% 5% 1% 0% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Total Petitions (N=18,494) Total Informal Adjustments and Lecture & Releases (N=5,402)

Referral Source for Petitions, Informal Adjustments, and Lecture & Releases, 2016

Law Enforcement School Probation Officer Parents, Guardian, Relative Victim Other

68

Approximately 1 in 3 school complaints are petitioned, 30% decline not keeping pace with overall decline in petitions

4,146 2,940 36% 34% 0% 5% 10% 15% 20% 25% 30% 35% 40% 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 4,500 5,000 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Proportion of Complaints Total Petitions

Petitions Referred from Schools

Number of Petitions Referred from Schools % School Complaints that are Petitioned

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69

Counties vary in proportion of school complaints petitioned

Top 10 Counties for School Complaints, 2016 Total School Complaints % School Complaints Petitioned

1 Jefferson

935 4%

2 Cullman

764 0%

3 Morgan

764 40%

4 Talladega

628 18%

5 Coffee

513 2%

6 Montgomery

428 37%

7 Marshall

420 27%

8 Bibb

283 47%

9 Mobile

283 97%

10 Calhoun

275 51% Statewide 8,540 34% Percent of School Complaints Petitioned in Top 10 Counties for School Complaints, 2016

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Median length of informal adjustment/lecture & release up 62% since 2008

26 21 19 27 32 28 34 41 42 5 10 15 20 25 30 35 40 45 2008 2009 2010 2011 2012 2013 2014 2015 2016 Median Length (Days)

Median Length of Informal Adjustment and Lecture & Releases 2008-2016

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58% of informal adjustments/lecture & releases are 1 month

• r shorter; 15% last more than 6 months

0-1 Day 12% 2-30 Days 45% 31-60 Days 11% 61-90 Days 5% 91-180 Days 12% More than 180 Days 15%

Length of Informal Adjustment and Lecture & Releases, 2016 (N=5,401)

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Intake Key Takeaways

• Decision Making

– Few statutory criteria guide whether to file charges, what the appropriate charges are, and what type of petition to file – Statute lays out few criteria to guide detention decision-making; local detention practices vary

• No statewide risk assessment tool informs detention decisions

– There is no statewide funding stream for pre-adjudication detention alternatives that allow youth to remain at home

• Youth Flow

– Declines in detention admissions have not kept pace with complaints

• Nearly 300 youth are in detention on a given day, roughly the same

as it was in 2012, indicating length of stay has increased

• Racial and gender disparities are larger for detention admissions than

for complaints – Some facilities detain more youth than their counties’ proportion of the youth population, and other facilities have experienced an increase in detention admissions from 2012

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73

Intake Key Takeaways

• Decision Making

– Before filing a petition, JPOs must make “best interests” determination, but the standard is undefined and inconsistent – Most types of cases may be filed in criminal court and many are excluded from juvenile court by statute – Eligibility criteria and conditions of informal adjustment vary by jurisdiction, leading to disparate responses to similar youth behavior – Informal adjustment is not mandated for any type of case

• 1/3 of JPOs report it is not used for Class B misdemeanor cases
• Youth Flow

– 2/3 of complaints result in petitions, a stable trend since 2006

• Informal adjustments and lecture & releases have decreased more

than petitions – The proportion of complaints that are petitioned varies by county

• The use of informal adjustments and lecture & releases depends

largely on the jurisdiction in which the youth lives

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Intake Key Takeaways

• Youth Flow

– Boys and Black youth are disproportionately represented among petitions, compared to informal adjustments and lecture & releases – Truancy and misdemeanors account for 7 of the top 10 petitioned

• ffenses
• Roughly 1/3 of school complaints are petitioned in court

– The length of informal adjustment and lecture & releases has increased 61% since 2008

• 15% of these cases last more than 6 months
• Other?

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Adjudication

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Pre-adjudication decisions

Detain or release** Competency Join parents as parties Certify child as adult Appoint counsel

Adjudication

Dismiss Adjudicate Suspend Adjudication*

Disposition

The court has sole discretion to adjudicate or suspend adjudication

Authorize consent decree Defer prosecution * Neither statute nor rule guides court decision to suspend adjudication ** Court has discretion to impose any reasonably necessary conditions of release

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77

Services and supervision for adjudication and consent decree are similar, but long-term consequences may vary

Consent Decree Deferred Prosecution Adjudication Supervision by JPO possible X X X Length capped at 12 months X Out-of-home placement permitted X X X Financial obligations permitted X X X Secure placement permitted X Delinquency/CHINS record created* X  SORNA applies for sex offenses  The adjudication could be used for sentence enhancement in future cases  Immigration status could be impacted (may also be impacted by consent decree)  Effects on motor vehicle or other licensing  Educational notifications  Impact upon future military enlistment  Distribution of fingerprints and photos  Exposure to or impact on any federal charges or other proceedings. *Long-term potential consequences

• f adjudication

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The presence of counsel for each hearing may impact hearing outcomes

Type of Counsel When Appointment Required Role

District Attorney

• May, but need not be present to exercise

authority to prosecute in own or court’s discretion

• Appearance only required on direct appeal

Represents the state Defense Counsel

• Right to counsel throughout
• Must be appointed or retained where placement

that curtails freedom is reasonably likely

• May be appointed in the interests of justice

Advocates for expressed interest of child Guardian Ad Litem

• May be appointed in the interests of justice

Protects best interests of child but not bound by expressed wishes Parental Counsel

• May be appointed in the interests of justice

Advocates for expressed interest of parent

NOTE: JPO always present to make verbal or written recommendations

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79

Most, but not all, JPO respondents report that consent decrees are offered for misdemeanors and CHINS

JPO Questionnaire: Offense Type for Consent Decrees (N=180) Class B misdemeanor offenses and below 85% CHINS 84% Class A misdemeanor offenses 78% Marijuana offenses 74% Traffic offenses 73% Other drug possession and/or drug-related offenses 57% Felony offenses 32% All offense types 29% Other infractions 27% Totals do not add to 100% because categories are not mutually exclusive

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Most JPO respondents report consent decrees last 3-6 months

31-60 days 3% 61-90 days 8% 91 to 180 days 80% More than 180 days 9%

JPO Questionnaire: Reported Length of Consent Decree (N=165)

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81

Nearly two-thirds of JPO respondents report that fees are issued as part of consent decrees

Yes, always 28% Sometimes 36% No 32% Other 4%

JPO Questionnaire: Fees Issued for Consent Decrees (N=180)

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Where fees are assessed, JPO respondents report widely divergent practice on how fee amount is determined

Based on the youth's family's ability to pay 39% Each youth is assessed the same standard amount 48% Other 13%

JPO Questionnaire: How Fees are Assessed on Consent Decrees (N=123)

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Adjudication

Data

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Last year, 55% of petitions led to adjudication; generally consistent over the past decade with exception of 2012

42% 43% 42% 45% 49% 55% 71% 61% 43% 45% 45% 58% 57% 58% 55% 51% 45% 29% 39% 57% 55% 55% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

Adjudication Outcome of Petitions, 2006-2016

Proportion of Petitions that are Adjudicated Proportion of Petitions that are Non-Adjudicated

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85

Boys are overrepresented among adjudications compared to non-adjudicated petitions

Female 30% Male 70% Non-Adjudicated Petitions by Gender, 2016 (N=7,312) Female 23% Male 77% Adjudicated Petitions by Gender, 2016 (N=8,854)

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Black youth are overrepresented in adjudications compared to non-adjudications

2% 2% 1% 0% 46% 51% 51% 47%

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Total Non-Adjudications (N=7,285) Total Adjudications (N=8,815)

Non-Adjudicated and Adjudicated Petitions by Race, 2016

Asian, American Indian, Other Latino/Hispanic Black/African American White

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87

Felony offenses only account for 30% adjudicated petitions

Felony 30% Misdemeanor 35% Traffic 0.3% CHINS 16% Technical Violation 19%

Adjudicated Petitions by Offense Level, 2016 (N=8,863)

Felony 22% Misdemeanor 42% Traffic 1% CHINS 28% Technical Violation 7%

Non-Adjudicated Petitions by Offense Level, 2016 (N=6,605)

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7 lower level offenses account for 10 top adjudicated petitions

Adjudicated Petitions, 2016 Number of Offenses % Total Felony?

1 Violation of Probation / Delinquent

1,239 15%

2 CHINS / Truancy

795 10%

3 Unauthorized Use of a Vehicle

449 6% ✓

4 Theft of Property - 3rd

409 5% ✓

5 Domestic Violence - 3rd

404 5%

6 Unlawful Possession of Marijuana - 2nd

402 5%

7 Burglary - 3rd

370 5% ✓

8 Harassment

342 4%

9 Disorderly Conduct

323 4%

10 CHINS / Beyond Control

239 3% Total 8,022 Top 10 Offenses for Adjudicated Petitions, 2016

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Variation across top 10 counties in proportion of petitions that are adjudicated

Top 10 Counties for Petitions, 2016 Total Petitions % Petitions that are Adjudicated

1 Mobile

1,851 63%

2 Montgomery

1,092 34%

3 Baldwin

1,008 59%

4 Jefferson

813 67%

5 Morgan

642 44%

6 Madison

597 59%

7 St. Clair

547 58%

8 Lee

525 54%

9 Shelby

483 34%

10 Calhoun

466 41% Statewide 16,190 55% Percentage of Petitions Adjudicated, 2016

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Adjudication Key Takeaways

• Decision Making

– Consent decrees and deferred prosecution lead to fewer collateral consequences than adjudication, but no standards guide their use across jurisdictions

• The court has unilateral discretion to authorize their use
• JPOs report divergent eligibility criteria for consent decrees across

jurisdictions – JPOs report variation across the state in whether youth are assessed fees for consent decrees and whether the assessment considers a youth’s family’s ability to pay. – Defense counsel and prosecution are authorized to appear at all proceedings

• The court is only required to appoint defense counsel where a youth’s

removal from the home is likely

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91

Adjudication Key Takeaways

• Youth Flow

– More than half of petitions lead to adjudication, mostly stable since 2006

• There is large variation in this proportion across the counties with the

most petitions – Disparities by race and gender hold for adjudicated and non-adjudicated petitions – Lower-level offenses account for 70% of adjudicated petitions

• Technical violation of probation is the most common offense for

adjudicated petitions

• Truancy is the second most common offense for adjudicated petitions
• Other?

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Overall Key Takeaways

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93

Overall Key Takeaways

• Decision Making

– State law requires court referral for certain school-based behaviors and mandates prosecution of parents in certain circumstances

• Local interpretations of statute may vary and lead to disparate

responses to similar school-based behavior – There is variation across the state in which offenses are eligible for information adjustment and what conditions are applied – Limited statutory criteria and local interpretation allow for inconsistent detention practices

• There is no statewide funding stream for alternatives to detention pre-

adjudication – JPOs report divergent eligibility criteria for consent decrees and inconsistent practices for issuing fees

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Overall Key Takeaways

• Youth Flow

– Lower-level offenses account for most cases in the juvenile justice system

• The proportion of referrals coming from schools has increased,

mostly due to truancy – Racial and gender disparities exist among complaints (in comparison to the general population) and grow as youth get deeper into the juvenile justice system – There is wide variation in whether counties’ share of complaints is consistent with their share of the youth population – Declines in detention have not kept pace with declines in complaints, and in some regions, detention admissions have increased

• Nearly 300 youth are in detention on a given day, roughly the same

as 2012

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95

Overall Key Takeaways

• Youth Flow

– 2/3 of complaints result in petitions, consistent with trends in 2006

• There is variation in how and to what extent counties use informal

adjustment and consent decrees – The proportion of complaints that result in petitions varies by county – The length of informal adjustment/lecture & releases is up 61%; 15% last longer than 6 months

• Other?

Future Meetings

• August 16
• September 6
• October 18
• November 15

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Next Steps

• Data analysis & system assessment: Part 2
• What happens once a youth is placed under

system supervision?

• Are we getting the returns we expect?
• Is our system aligned with our goals?
• Stakeholder outreach and roundtables
• Individual Meetings