Board of State and Community Corrections

J J C P A UVENILE USTICE RIME REVENTION CT AND Y O B G OUTHFUL FFENDER LOCK RANT M 2020 ARCH STATE OF CALIFORNIA – EDMUND G. BROWN, GOVERNOR BOARD OF STATE AND COMMUNITY CORRECTIONS Board Members* Chair, Board of State Community Corrections .......................................................................... Linda M. Penner The Chair of the Board is a full-time paid position appointed by the Governor and subject to Senate Confirmation Secretary, CA Dept. of Corrections and Rehabilitation (CDCR) ......................................................... Ralph Diaz Director(A), Adult Parole Operations, CDCR ..................................................................................... Jeff Green Lassen County Sheriff ................................................................................................................ Dean Growdon A sheriff in charge of local detention facility with a BSCC rated capacity of 200 inmates or less appointed by the Governor and subject to Senate confirmation San Diego County Sheriff ............................................................................................................... William Gore A sheriff in charge of local detention facility with a BSCC rated capacity of more than 200 inmates appointed by the Governor and subject to Senate confirmation County Supervisor or CAO ....................................................................................................................... Vacant A county supervisor or county administrative officer appointed by the Governor subject and to Senate confirmation Sacramento County Chief Probation Officer ........................................................................................ Lee Seale A chief probation officer from a county with a population over 200,000 appointed by the Governor and subject to Senate confirmation Nevada County Chief Probation Officer ....................................................................................... Michael Ertola A chief probation officer from a county with a population under 200,000 appointed by the Governor and subject to Senate confirmation Retired Judge, Alameda County .......................................................................................... Gordon S. Baranco A judge appointed by the Judicial Council of California Chief of Police, City of Santa Cruz ................................................................................................. Andrew Mills A chief of police appointed by the Governor and subject to Senate confirmation Founder of the Anti-Recidivism Coalition and Film Producer ....................................................... Scott Budnick A community provider of rehabilitative treatment or services for adult offenders appointed by the Speaker of the Assembly Director, Commonweal Juvenile Justice Program ...................................................................... David Steinhart A community provider or advocate with expertise in effective programs, policies and treatment of at-risk youth and juvenile offenders appointed by the Senate Committee on Rules Women's and Non-Binary Services Manager Anti-Recidivism Coalition (ARC) ............................................................................................... Norma Cumpian A public member appointed by the Governor and subject to Senate confirmation BSCC Staff Executive Director .............................................................................................................. Kathleen T. Howard Communications Director ................................................................................................................ Tracie Cone General Counsel......................................................................................................................... Aaron Maguire Deputy Director Corrections Planning and Grant Programs ................................................. Ricardo Goodridge Legislative Analyst ............................................................................................................................ Adam Lwin * Board member composition is pursuant to Penal Code 6025 Juvenile Justice Crime Prevention Act and Youthful Offender Block Grant Annual Report to the Legislature March 2020 Board of State and Community Corrections 2590 Venture Oaks Way, Suite 200 Sacramento, CA 95833 http://www.bscc.ca.gov Executive Summary This is the third annual report of the combined Juvenile Justice Crime Prevention Act (JJCPA) and the Youthful Offender Block Grant (YOBG) programs, which in FY 2018- 2019 provided $321,000,000 to the counties to help system-involved youth, or those at risk. This report is mandated by Government Code section 30061 and Welfare and Institutions Code (WIC) section 1961, as established by Assembly Bill 1998 (Chapter 880, Stats. 2016). California counties are required to submit to the BSCC annual reports on local spending that provide specific data elements such as juvenile court disposition, new petitions (juveniles not previously supervised), wardship placements and demographic data. The county reports also identify how JJCPA and YOBG funds were spent on programmatic, therapeutic and intervention efforts in the preceding fiscal year. These formula-based funding streams assist California counties in providing youth services, and the reports submitted to the BSCC are designed to show that counties have implemented their own locally relevant programs for youth who are at-risk and/or previously would have been under state custody and oversight. For instance, the 2018- 19 report submitted by Alameda County shows that probation officials target with support services youth who are under the supervision of probation, those at imminent risk of removal from their homes and youth needing more intensive supervision after returning from California Department of Corrections and Rehabilitation, Division of Juvenile Justice.1 The county report shows juvenile arrests declined 12 percent from the previous year. In San Benito County, funds are used to provide transportation to and from school and for tutoring and other services for at-risk youth. In San Bernardino County, probation officers are stationed on various school campuses to identify youth in need of prevention and intervention services. In Los Angeles County, felony arrests are down 13 percent, and youth placed on formal probation decreased 15 percent. Counties also report implementing strategies addressing prevention programs and diversions, substance use counseling, and mental health therapy both in and out of custody. The county reports2 are available here or here: (http://bscchomepageofh6i2avqeocm.usgovarizona.cloudapp.usgovcloudapi.net/wp- content/uploads/Alameda-2019-JJCPA-YOBG-Report.pdf). 1 Effective July 1, 2020, the California Department of Corrections Division of Juvenile Justice becomes the Department of Youth and Community Restoration within the California Health and Human Services Agency. 2 Calaveras, Sierra, Glenn, Santa Clara and Tehama counties did not submit FY 2018-2019 final reports JJCPA-YOBG Legislative Report 2020 1 | Pa ge The county reporting requirements, as modified, and effective 2018, include: Annual Plans • By May 1 of each year counties submit to the BSCC their annual plans for JJCPA and YOBG spending. These plans describe all programs, placements, strategies, services, and system enhancements that will be supported with JJCPA and/or YOBG funds in the upcoming fiscal year. • All annual plans are then posted on the BSCC website, which can be viewed here: http://www.bscc.ca.gov/s_cpgp1920countyjjcpayobgplans. Year-end Expenditure & Outcome Reports • By October 1 of each year counties must submit to the BSCC combined annual year- end reports for JJCPA and YOBG. • Annual year-end reports describe programs, placements, services, strategies and system enhancements that were funded during the preceding fiscal year. Reports include line-item budget detail. • Reports also include countywide figures for specified juvenile justice data elements that are readily available in existing statewide juvenile justice data systems. Reports also include a written summary or analysis of how grant-funded programs have or may have contributed to, or influenced, the countywide data that is reported. These reporting requirements direct counties to report data on their entire juvenile justice population and to describe how their use of JJCPA and YOBG funds has, or may have, impacted the trends seen in that data. (See the heading: Analysis of Countywide Trend Data) • All Year-end Expenditure & Outcome Reports must be posted on the BSCC website, which can be viewed here: http://bscchomepageofh6i2avqeocm.usgovarizona.cloudapp.usgovcloudapi.net/2019- jjcpa-yobg-expenditure-and-data-reports/. Brief History of the Juvenile Justice Crime Prevention Act The JJCPA was created by the Crime Prevention Act of 2000 (Chapter 353) to provide a stable funding source for local juvenile justice programs aimed at curbing crime and delinquency among at-risk youth and juvenile offenders. (See Gov. Code, § 30061, subd. (b)(4).) JJCPA funds are available to address a continuum of responses including prevention, intervention, supervision, and incarceration. State law requires that JJCPA-funded programs be modeled on strategies that have demonstrated effectiveness in curbing juvenile delinquency. Beyond that, counties have broad discretion in how they use JJCPA funds to support and enhance their juvenile justice systems. To encourage coordination and collaboration among the various local agencies serving at-risk youth and young offenders, JJCPA requires a county Juvenile Justice Coordinating Council (JJCC) to develop and modify the county’s juvenile justice plan. The JJCC is chaired by the county’s chief probation officer and its members include representatives JJCPA-YOBG Legislative Report 2020 2 | Pa ge of law enforcement and criminal justice agencies, the Board of Supervisors, social services, education, mental health, and community-based organizations. The JJCC is required to meet at least annually to review and update the county juvenile justice plan. JJCPA relies on a partnership between the state, local agencies and stakeholders. Local officials and stakeholders determine where to direct resources through an interagency planning process. The State Controller’s Office distributes the appropriated JJCPA funds to counties based on population. Local agencies and community-based organizations deliver programs and services. This partnership acknowledges the value the state places on local discretion and multiagency collaboration in addressing the problem of juvenile crime in California’s communities. In Fiscal Year (FY) 2018-19, the statewide base allocation of JJCPA funds was $107,100,000. An additional $52,207,545 was allocated in FY 2018-19 based on revenue growth that occurred in FY 2017-18. Consequently, the total amount of funds available to counties through the JJCPA program in FY 2018-19 was $159.3 million. Brief History of the Youthful Offender Block Grant Program The YOBG Program was established in 2007 by SB 81 (Chapter 175) and was amended in 2009 by SBX4 13 (Chapter 22, Fourth Extraordinary Session). In 2016, further amendments were made by AB 1998. (See Welf. & Inst. Code, §§ 1950 et seq.) The YOBG program, sometimes known as “juvenile realignment,” realigned certain youth in California’s juvenile justice population from state to county control. YOBG provisions prohibit counties from sending certain lower level offenders to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ). Youth who are no longer eligible for DJJ commitment are those who commit an offense that is not listed in Welfare and Institutions Code section 707, subdivision (b) and is not a sex offense as set forth in Penal Code section 290.008, subdivision (c). YOBG supports the concept that public safety is enhanced by keeping juvenile offenders close to their families and communities. As provided by statute, “allocations from the Youthful Offender Block Grant Fund shall be used to enhance the capacity of county probation, mental health, drug and alcohol, and other county departments to provide appropriate rehabilitative and supervision services to youthful offenders subject [to the provisions of SB 81].” Within these general guidelines, counties have flexibility in how they use YOBG funds and counties use this flexibility to tailor YOBG-funded programs that fit local needs and priorities. In recognition of the increased county responsibility for supervising and rehabilitating realigned youthful offenders, the state provides annual funding to counties through the YOBG program. In FY 2018-19, statewide YOBG funding was $153,121,590. An additional $8,834,660 was allocated in FY 2018-19 based on revenue growth that JJCPA-YOBG Legislative Report 2020 3 | Pa ge occurred in FY 2017-18. Consequently, the total amount of funds available to counties through the YOBG program in FY 2018-19 was $162 million. Fiduciary Responsibility for JJCPA-YOBG There is no competitive aspect to JJCPA or YOBG funding; each county receives an annual allocation based on the formulas prescribed in statute. For JJCPA, that formula is based on each county’s population. For YOBG, the formula gives equal weight to a county’s juvenile population and its juvenile felony dispositions. The California Department of Finance (DOF) is responsible for calculating the annual amount of JJCPA and YOBG funding to be allocated to each county. The DOF performs this calculation annually, following enactment of the State budget, using its own demographic information for the juvenile population and California Department of Justice data for juvenile felony dispositions. The State Controller’s Office is then responsible for remitting monthly allocations to each county according to the calculations provided by the DOF. The BSCC has no role or fiduciary oversight in funding. JJCPA and YOBG are both part of the funding structure established in the 2011 Public Safety Realignment legislation that created the Local Revenue Fund of 2011. The Local Revenue Fund has a variety of subaccounts, including the Law Enforcement Services Account, which is the funding source for JJCPA and YOBG. The main revenue source for JJCPA is the Vehicle License Fee Fund. Any shortfall in that revenue source is made up by State Sales Tax revenue. The main revenue source for YOBG is State Sales Tax. Any shortfall in that revenue source is made up by the Vehicle License Fee Fund. Proposition 30, approved by California voters in 2012, constitutionally guaranteed the funding for JJCPA and YOBG. (Cal. Const. art. XIII, § 36, Assembly Bill 118, (Chapter 40, Stats. 2011).) Proposition 30 provided that the 2011 Public Safety Realignment Legislation gave local agencies “maximum flexibility and control over the design, administration, and delivery of Public Safety Services… as determined by the Legislature.” (Cal. Const. art. XIII, § 36.) The combined total funding available to counties through the JJCPA and YOBG programs in FY 2018-19 was $ 321,263,795. The following link provides each county’s description of how they spent those funds: http://bscchomepageofh6i2avqeocm.usgovarizona.cloudapp.usgovcloudapi.net/2019- jjcpa-yobg-expenditure-and-data-reports/. JJCPA-YOBG Legislative Report 2020 4 | Pa ge