Board of State and Community Corrections

State Advisory Committee on Juvenile Justice and Delinquency Prevention: 2017 Compliance Monitoring Annual Report Released August 23, 2018 BOARD OF STATE AND COMMUNITY CORRECTIONS STATE ADVISORY COMMITTEE ON JUVENILE JUSTICE AND DELINQUENCY PREVENTION Executive Steering Committee Rachel Rios……………………………………………………………………………………............... Chair Carol Biondi………………………………………………………………………………………...Vice Chair James Anderson……………….………………..........Program Administrator, Anti-Recidivism Coalition The Honorable Brian Back…...……………………..........….......Ventura County Superior Court Judge Probation Chief Michelle Scray Brown……………… San Bernardino County Probation Department Dr. B.J. Davis……………………………………….. Adjunct Professor at Alliant International University Dr. Carly Bailey Dierkhising…………...Assistant Professor, California State University, Los Angeles Miguel Garcia…………………………………….…………………………Student, University of California Juan Gomez……………………….. Director, Motivating Individual Leadership for Public Advancement Susan Harbert……………………………………..………………Legislative Counsel Loyola Law School Gordon Jackson……………………......Assistant Superintendent, California Department of Education Sharon King………………………………………………………………………………. Manager, Walmart Ramon Leija………………….......... Volunteer Reserve Firefighter, Riverside County Fire Department Police Chief Susan Manheimer……………………..………………………………….. City of San Mateo Kent Mendoza………………………………………………..……………………. Anti-Recidivism Coalition District Attorney Nancy O’Malley…………………………………………………….......Alameda County Winston Peters……………………………………………. Los Angeles County Public Defender’s Office Dr. Mimi Silbert……………………………………………………. President Delancey Street Foundation Dante Williams……………………………………... Youth Advocate Manager Stanford Youth Solutions BSCC Staff Kathleen T. Howard.................................................................................................. Executive Director Tracie Cone................................................................................................... Communications Director Allison Ganter.................................Deputy Director, Facilities Standards & Operations and Research Mary Jolls.................................................... Deputy Director, Corrections Planning & Grant Programs Kimberly Bushard................................Field Representative, Corrections Planning & Grant Programs Ginger Wolfe........................................... Staff Services Manager I, Facilities Standards & Operations BACKGROUND The Board of State and Community Corrections (BSCC) is the State Administering Agency that receives and disburses federal Title II formula grants to support state and local efforts in delinquency prevention and juvenile justice system improvement. To remain eligible for such funds, the BSCC must maintain compliance with the Juvenile Justice and Delinquency Prevention Act (JJDPA) of 2002 (as amended), which is the sponsoring legislation for both the Title II formula grants and the state’s juvenile justice advisory group. California’s state advisory group is the State Advisory Committee on Juvenile Justice and Delinquency Prevention (SACJJDP). The SACJJDP is a governor- appointed group of subject matter experts who serve as an Executive Steering Committee to the BSCC. A requirement for compliance with the JJDPA is submission of an annual report from the state’s juvenile justice advisory group to the Governor and Legislature, with recommendations regarding compliance with the first three of the four JJDPA core requirements (those specifically related to compliance monitoring). The fourth core requirement (Reducing Disproportionate Minority Contact) is addressed separately and is not a part of the annual report to the Governor and Legislature. Pursuant to the JJDPA, 42 U.S.C. 5633 Sec. 223., State plans, Subs. (a)(3)(D)(ii): In order to receive formula grants under this part, a State shall submit a plan for carrying out its purposes applicable to a 3-year period. Such plan shall be amended annually to include new programs, projects, and activities. The State shall submit annual performance reports to the Administrator which shall describe progress in implementing programs contained in the original plan, and shall describe the status of compliance with State plan requirements. In accordance with regulations which the Administrator shall prescribe, such plan shall…provide for an advisory group, that…shall…submit to the chief executive officer and the legislature of the State at least annually recommendations regarding State compliance with the requirements of paragraphs (11), (12), and (13) (referred to as “core requirements.”) The JJDPA’s core requirements relative to compliance monitoring are: 1. Deinstitutionalization of Status Offenders1 (DSO) Prohibits, with specific exceptions, juveniles who are charged with or who have committed an offense that would not be criminal if committed by an adult (status offenders, truants, in-state runaways) from being held in secure detention. 1 42 U.S.C. 5633 Sec. 223., State plans, Subs. (a)(11) 2. Separation2 Prohibits youth who are under the jurisdiction of the juvenile court from having sight and/or sound contact with adult inmates while in secure detention. 3. Jail Removal3 Prohibits the secure detention of youth in a lock-up or jail for longer than six (6) hours. This report will provide the Governor and Legislature with the most recent data submitted to the Office of Juvenile Justice and Delinquency Prevention (OJJDP), as well as the SACJJDP’s recommendations regarding compliance with the core requirements. COMPLIANCE WITH CORE REQUIREMENTS BSCC staff monitor nearly 1,200 law enforcement facilities for compliance with the core requirements. Through data collection and inspection, the BSCC annually determines the number of violations of core requirements at these facilities, and in accordance with the JJDPA, submits an annual report on compliance to the Office of Juvenile Justice and Delinquency Prevention (OJJDP). Attachment A contains the 2017 submission of the BSCC’s annual compliance monitoring report for the federal fiscal year reporting period of October 1, 2016 through September 30, 2017; Attachment B is a summary of violations of the core requirements since 2003. With the exception of the separation core requirement, California is able to maintain compliance with the core requirements so long as the rate of violations does not exceed a “de minimus” number of violations as established in guidance by the Office of Juvenile Justice and Delinquency Prevention (OJJDP). There is no de minimus for the separation core requirement; if there is one violation, the state is out of compliance with that requirement. California remains in de minimus compliance with the DSO and jail removal core requirements. Since 2003, DSO violations have decreased 82%; violations of jail removal have decreased nearly 31%. There have been violations of the separation requirement over the years; however, the BSCC has determined that each of these incidents were isolated and has provided necessary statements of explanation to OJJDP. Since 2003, rates of violation have generally decreased; in some cases exponentially (see Attachment B). It should be noted that even with a significant increase in the number of law enforcement facilities in the compliance monitoring universe, overall rates of violations have continued to decline. 2 42 U.S.C. 5633 Sec. 223., State plans, Subs. (a)(12) 3 42 U.S.C. 5633 Sec. 223., State plans, Subs. (a)(13) BARRIERS TO COMPLIANCE AND STRATEGIES TO OVERCOME THEM • The volume of admissions to juvenile detention facilities, adult jails and lockups makes it difficult for the BSCC to review all appropriate data outside of the biennial inspection cycle. o The BSCC has streamlined its data collection process, making it easier for law enforcement agencies and probation departments to submit information. • The sheer number of facilities in California (nearly 1,200) makes it difficult to verify all appropriate data annually on-site. o The BSCC has developed a compliance monitoring team to concentrate solely on compliance monitoring inspections. • The turnover in local correctional staff creates a gap of knowledge with respect to core requirements in some facilities; constant training is required. o The BSCC provides on-going technical assistance to law enforcement agencies and probation departments, both general and targeted. ▪ If a facility’s data appears inconsistent with previous data, or if there is an increase in violations, specific technical assistance and training will be provided. o The BSCC developed training aids specific to the Jail Removal core requirement. o The BSCC completed a 40-minute training video that outlines federal and state requirements relative to minors in detention. The training video is accompanied by a workbook designed to aid the detention facility staff. o BSCC staff provides pre-inspection briefings to law enforcement agencies and probation departments; all information relevant to the upcoming inspection is provided, including detailed information on core requirements and essential data. SACJJDP RECOMMENDATIONS Based on the pattern of decreasing violations of the JJDPA core requirements, continuous training and technical assistance provided to the field, and the maintenance of de minimus compliance, the SACJJDP recommends that the Governor and Legislature continue to support the BSCC’s approach to compliance monitoring, including strategies to overcome the barriers mentioned above. The SACJJDP also recommends that California’s update to the 3-Year Plan for the application to the OJJDP FY 2018 Title II Formula Grants program highlight the BSCC’s efforts to maintain compliance with the core requirements. ATTACHMENTS: A: OJJDP California Compliance Data Collection B: California Violations of JJDPA Since 2003 Compliance Monitoring Report Technical Assistance Tool This form requests the minimum information required to demonstrate the extent of compliance with Sections 223(a)(11),(12),(13) and (14) of the JJDP Act of 2002. Many of these reporting requirements may be found in 28 C.F.R. 31.303(f)(5): Reporting Requirement. This form is a technical assistance tool and its use is optional. For questions regarding this technical assistance tool, please contact your assigned OJJDP Compliance Analyst. This version is dated January 2018. A. General Information: 1. Federal Fiscal Year of Monitoring Report: 2017 2. Name and Address of State Planning Agency: Name of State Agency: Board of State and Community Corrections Address Line 1: 2590 Venture Oaks Way Address Line 2: Suite 200 City: Sacramento State: California Zip: 95833 3. Contact person information: Contact Person's Name: Eloisa Tuitama / Ginger Wolfe Contact Phone Number: 916-445-5073 4. During the State's monitoring effort, was the Federal definition or State definition for Criminal Type Offender, Status Offender, or Non-Offender used? Federal Definitions were used in this monitoring report. 5. Total juvenile population of the State under age 18 according to the most recent available U.S. Bureau of Census data or population estimates: Population of California Under 18 (Population Data for Reporting Year: 9,092,863 Estimate) : 6. Upper age of original juvenile court jurisdiction (Upper age at which a 17 person is still classified as a juvenile by the state): Total juvenile population of the State at and under age 17 according to the most recent available U.S. Bureau of Census data or population estimates: 9,092,863 General Information 1 7. Enter the reporting period dates for this Compliance Monitoring Report. Please ensure that all reporting periods are consistent. Reporting Reporting Period Total Months Facility Classification Period Begins Ends Reporting Secure Juvenile Detention Facilities 10/1/2016 9/30/2017 12 Secure Juvenile Correctional Facilities 10/1/2016 9/30/2017 12 Adult Jails 10/1/2016 9/30/2017 12 Adult Lockups 10/1/2016 9/30/2017 12 8. Enter the total number of public and private secure facilities, the total number of facilities reporting data, and the number of facilities that received an on-site inspection during the past twelve months. Please attach a master list of your State's monitoring universe. Total Number of Facilities Reporting Facilities On-Site Facility Classification Facilities Data Inspected Secure Juvenile Detention Facilities 57 57 4 Secure Juvenile Correctional Facilities 54 54 1 Adult Jails 120 120 14 Adult Lockups 847 847 277 Collocated Facility (Approved) 5 5 4 Collocated Facility (Non-approved) 0 0 0 Percentage Percentage Facility Classification Reporting Data Inspected Secure Juvenile Detention Facilities 100.00% 7.02% Secure Juvenile Correctional Facilities 100.00% 1.85% Adult Jails 100.00% 11.67% Adult Lockups 100.00% 32.70% Collocated Facility (Approved) 100.00% 80.00% Collocated Facility (Non-approved) #N/A #N/A Attach a list of all approved collocated facilities. Approved collocated facilities are Secure Juvenile Facilities located within the same building or on the same grounds as an adult jail or lockup and meet the regulatory criteria. 9. Enter the number of adult jails and lockups that held juveniles during the past twelve months. If your State has received approval from OJJDP to use the Rural Exception, also indicate the number of facilities located outside a Metropolitan Statistical Area which meet this exception. Total Number of Facilities Total Number of Holding Facilities Meeting Facility Classification Juveniles the Rural Exception Adult Jails 0 0 Adult Lockups 623 0 General Information 2 B. Section 223(a)(11): Removal of status offenders and non-offenders from secure detention and correctional facilities. 1. E n t e r the total number of accused and adjudicated status offenders and nonoffenders, including status offender Valid Court Order violators and out-of-state runaways, securely detained for any length of time in the following public and private facilities: (Do not include juveniles held in violation of the Youth Handgun Safety Act or similar State law.) Accused Adjudicated Number Number Total Violations After Adjusting for Non- Facility Classification Reported Reported Reporting Facilities Adult Jails 0 0 0.00 Adult Lockups 27 0 27.00 2. Enter the total number of accused status offenders securely detained for longer than 24 hours (not including weekends or holidays) in the following public and private facilities: (Do not include juveniles who have violated a Valid Court Order; juveniles held in violation of the Youth Handgun Safety Act or a similar State law or juveniles held pursuant to the Interstate Compact on Juveniles.): Number Total Violations After Adjusting for Non- Facility Classification Reported Reporting Facilities Secure Juvenile Detention Facilities 11 11.00 Secure Juvenile Correctional Facilities 0 0.00 3. Enter the total number of adjudicated status offenders, including nonoffenders (both adjudicated and accused), securely detained for any length of time in the following public and private facilities: (Do not include juveniles who have violated a Valid Court Order; juveniles held in violation of the Youth Handgun Safety Act or a similar State law or juveniles held pursuant to the Interstate Compact on Juveniles.): Number Total Violations After Adjusting for Non- Facility Classification Reported Reporting Facilities Secure Juvenile Detention Facilities 5 5.00 Secure Juvenile Correctional Facilities 0 0.00 Section 223(a)(11): Total Number of Violations 43.00 Section 223(a)(11): Rate of status offender and nonoffender detention and correctional institutionalization per 100,000 0.47 population under 18: Section 223(a)(11) - DSO 3 4. Enter the total number of status offenders securely detained in the following public and private facilities pursuant to a judicial determination that the juvenile has violated a Valid Court Order: Number of VCOs Total VCOs After Adjusting for Non-Reporting Facility Classification Reported Facilities Secure Juvenile Detention Facilities 0 0.00 Secure Juvenile Correctional Facilities 0 0.00 5. Enter the total number of juveniles held pursuant to Title 18 U.S.C., Section 922(x) (The Youth Handgun Safety Act), securely detained for any length of time in the following public and private facilities: Number of 922(x) Total 922(x) Juveniles After Adjusting for Non- Facility Classification Juveniles Reported Reporting Facilities Secure Juvenile Detention Facilities 0 0.00 Secure Juvenile Correctional Facilities 0 0.00 Adult Jails 0 0.00 Adult Lockups 0 0.00 6. Enter the total number of out-of-State runaways (not held pursuant to the Interstate Compact for Juveniles) securely held beyond 24 hours in secure juvenile detention or correctional facilities: Out-of-State Runaways After Adjusting for Non-Reporting Facility Classification Runaways Facilities Secure Juvenile Detention Facilities 5 5.00 Secure Juvenile Correctional Facilities 0 0.00 Section 223(a)(11) - DSO 4 C. Section 223(a)(12): Separation of Juveniles and Adults. 1. Enter the number of public and private facilities used for secure detention and confinement of both juvenile offenders and adult inmates which did not provide sight and sound separation: Number of Facilities That Did Not Provide Sight and Sound Facility Classification Separation of Juveniles Secure Juvenile Detention Facilities 0 Secure Juvenile Correctional Facilities 0 Adult Jails 0 Adult Lockups 0 Court Holding Facilities 0 Prisons 0 2. Enter the number of juvenile offenders and nonoffenders not sight and sound separated from adult inmates: Number Total Violations After Adjusting for Non- Facility Classification Reported Reporting Facilities Secure Juvenile Detention Facilities 0 0.00 Secure Juvenile Correctional Facilities 0 0.00 Adult Jails 0 0.00 Adult Lockups 0 0.00 Court Holding Facilities 0 0.00 Prisons 0 0.00 Section 223(a)(12): Total Number of Violations: 0.00 Total juvenile population of the State at and under the upper age of original juvenile court jurisdiction, according to the most recent available U.S. Bureau 9,092,863 of Census data or census estimate. (This was previously reported in the "General Info" section.) Section 223(a)(12): Separation rate per 100,000 juveniles at 0.00 and under the upper age of original juvenile court jurisdiction: 223(a)(12) - Separation 5 D. Section 223(a)(13): Removal of juveniles from adult jails and lockups. 1. Enter the total number of accused juvenile criminal-type offenders held securely in adult jails, lockups, and non-approved collocated facilities in excess of six (6) hours: (Include juveniles held longer than six hours pursuant to the rural, travel conditions, or safety exceptions.) Number Total Violations After Adjusting Reported for Non-Reporting Facilities Adult Jails 0 0.00 Adult Lockups 73 73.00 2. Enter the total number of accused juvenile criminal-type offenders held securely in adult jails, lockups, and non-approved collocated facilities for less than six (6) hours for purposes other than identification, investigation, processing, release to parent(s), transfer to court, or transfer to a juvenile facility following initial custody: Number Total Violations After Adjusting Reported for Non-Reporting Facilities Adult Jails 0 0.00 Adult Lockups 0 0.00 3. Enter the total number of adjudicated juvenile criminal-type offenders held securely in adult jails and lockups for any length of time: Number Total Violations After Adjusting Reported for Non-Reporting Facilities Adult Jails 0 0.00 Adult Lockups 0 0.00 4. If your State has received approval from OJJDP to use the Rural Exception, enter the total number of juveniles accused of a criminal-type offense who were held in excess of six hours but less than forty-eight hours awaiting an initial court appearance in areas meeting the Rural Exception, provided there was no contact with adult inmates. Number Total After Adjusting for Non- Reported Reporting Facilities Adult Jails 0 0.00 Adult Lockups 0 0.00 Section 223(a)(13) - Jail Removal Page 6 5. Enter the total number of juveniles accused of a criminal-type offense who were held in excess of forty-eight hours but less than an additional forty-eight hours awaiting an initial court appearance due to conditions of distance or lack of ground transportation, provided there was no contact with adult inmates. Number Total After Adjusting for Non- Reported Reporting Facilities Adult Jails 0 0.00 Adult Lockups 0 0.00 6. Enter the total number of juveniles accused of a criminal-type offense who were held in excess of twenty-four hours but not more than an additional twenty-four hours after the time such safety conditions as adverse weather allow for reasonably safe travel, provided there was no contact with adult inmates. Number Total After Adjusting for Non- Reported Reporting Facilities Adult Jails 0 0.00 Adult Lockups 0 0.00 Section 223(a)(13): Jail Removal Violations: Total Jail removal violations listed above in numbers 1-3 73.00 Subtract total Jail Removal Exceptions reported above in numbers 0.00 4-6 Add accused and adjudicated status offenders held securely in 27.00 adult jails and lockups reported in DSO worksheet TOTAL NUMBER OF JAIL REMOVAL VIOLATIONS: 100.00 Total juvenile population of the State at and under the upper age of original juvenile court jurisdiction, according to the most recent 9,092,863 available U.S. Bureau of Census data or census estimate. (This was previously reported in the "General Info" section.) Section 223(a)(13): Rate of jail removal violations per 100,000 population at and under the upper age of 1.10 original juvenile court jurisdiction: Section 223(a)(13) - Jail Removal Page 7 California Compliance Monitoring Report Federal Fiscal Year Compliance Monitoring Report Checklist Please include the following information with the State's Compliance Monitoring Report: A copy of this Compliance Monitoring Report, this checklist, and the OJJDP Worksheet page. Not applicable. A master list of your State's monitoring universe. This Master List should include: each facility identified that might hold juveniles pursuant to public authority; each facility classified according to OJJDP regulation; the date of last inspection; and relevant information on data collection/data verification. A list of all approved Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. State Summary 8 Please print and submit this Monitoring Report Data Worksheet with your Annual Compliance Monitoring Report. It is used by OJJDP to track States' compliance. DO NOT MAKE ANY CHANGES TO THIS WORKSHEET. Monitoring Report Data Worksheet State: California FY: 2017 Sup: Reviewer: Juvenile Population: # Under 18: 9092863 State Age of Majority: 18 # by State Def: 9092863 Section 223(a)(11) DSO Current Dates (Start/End) Accused Adjudicated Total 10/01/16 09/30/17 Totals Number of VCOs: 0 Secure Juvenile Detention Facilities 11 5 16 Secure Juvenile Correctional Facilities 0 0 0 Adult Jails 0 0 0 Adult Lockups 27 0 27 ONA 0 0 0 Out of State Runaways: 0 Section 223(a)(12) Separation Current Dates (Start/End) # Facilities # of 10/01/16 09/30/17 w/o Sep Juveniles Current Jails + Other 0 0 Lockups 0 0 Section 223(a)(13) Removal Current Dates (Start/End) 10/01/16 09/30/17 Facilities Criminal Type Offenders # # # Accused # Adjudicated # SO # # # Exceptions Jails Holding Lockups Holding # Exceptions in Jail in LU In Jail in LU in Jail In LU Total # Held Held 120 0 847 623 0 0 73 0 0 0 27 100 0 OJJDP Summary 9 California Violations of JJDPA Since 2003 2017 % change 2016 % change 2015 % change 2014 % change 2013 % change 2012 % change % change % Change 2009 % Change 2008 % Change 2007 % Change 2006 % Change 2005 % Change 2004 % Change 2003 2011 2010 DSO JH 16 7% 15 -6% 16 -60% 40 -7% 43 13% 38 -22% 49 -39% 80 -20% 75 11% 90 70% 53 -47% 100.6 -63% 270 28% 211 -11% 237 DSO LOCKUPS 27 -27% 37 0% 37 -31% 54 20% 45 -48% 87 43% 61 177% 22 -12% 25 -38% 40 -13% 46 n/a DSO TOTAL (JH + LU) 43 -17% 52 -2% 53 -44% 94 7% 88 -30% 125 14% 110 8% 102.00 2% 100 -23% 130 31% 99.37 -1% 100.6 -63% 270 28% 211 -11% 237 DSO TOTAL RATE 0.47 -34% 0.71 0% 0.71 -30% 1.01 6% 0.95 -29% 1.34 14% 1.18 8% 1.09 2% 1.07 -23% 1.39 36% 1.02 -2% 1.04 -64% 2.86 28% 2.23 -11% 2.51 Separation 0 0% 0 0% 0 -100% 1 100% 0 -100% 2 200% 0 0% 0 -100% 1 0% 1 0% 1 -97% 33 -25% 44 100% 0 0% 0 Jail Removal Total (6 hr Rule) 73 -4% 76 15% 66 -7% 71 25% 57 -17% 69 6% 65 -13% 75 -17% 90 18% 76.21 -29% 107 -52% 225 185% 79 0% 79 -25% 106 Jail Removal Rate 0 -100% 2.33 177% 0.84 0% 0.84 -25% 1.12 Jail Removal (total with SO) 100 -12% 113 10% 103 -18% 125 23% 102 -35% 156 24% 126 30% 97.12 -16% 115 -1% 116 -25% 154.22 Jail Removal Rate 1.1 -11% 1.24 12% 1.11 -17% 1.34 22% 1.1 -35% 1.68 24% 1.36 32% 1.03 -16% 1.23 -1% 1.24 -22% 1.59 In 2006, we increased our lockup universe and also began to clean up status offender reporting methods and training. In 2007, we began reporting status offenders held in lockups, therefore increasing the DSO TOTAL and the JAIL REMOVAL TOTAL numbers. In 2016 the reporting period changed from a 12-month calendar year to a 12-month federal fiscal year beginning October 1st and ending September 31st.