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) 1
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 • Data Analysis June- August • System Assessment • Research Review • Data Follow-Up September • Policy Development Stakeholder • Subgroups Engagement • Subgroups October • Policy Development • Policy Consensus • Policy Consensus November • Final Report 2
Stakeholder Roundtables Anticipated Scheduled Completed Roundtables Roundtables Roundtables Youth in July 21, Prosecutors Detention June facilities 27 directors 15 Probation July 25, Educators officers 27 Juvenile July judges 10 Crime victims, Defense July 25 survivors and counsel Diversion advocates July program 12 DYS providers Youth and contracted July 26 families providers County July Others as August Law commissioners 17 requested by Task enforcement 23 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. 3
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 4
Presentation Sources (Part 1) Documents Reviewed Interviews and Questionnaires State Statutes Interviews Alabama Administrative Code Department of Youth Services (DYS) Court Rules Department of Human Resources (DHR) DYS Policies Department of Mental Health (DMH) AOC Policies Administrative Office of Courts (AOC) Local Probation Policies Judges, Prosecutors, Defense Attorneys State Board of Education Policies Chief Probation Officers, Juvenile Probation Officers, and Intake Officers School District Policies Department of Education Questionnaires 182 Juvenile Probation Officer Respondents • Response Rate: 59% • 82% of counties represented 9 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) 10 5
Presentation Scope (Parts 1 and 2) Probation Pre-Disposition Custody Detention Complaint Intake Adjudication Disposition DYS Custody Aftercare DHR Custody Other Complaint to Adjudication Presentation 1 Disposition, Supervision and Custody Presentation 2 11 Presentation Scope (Parts 1 and 2) Probation Pre-Disposition Custody Detention Complaint Intake Adjudication Disposition DYS Custody Aftercare DHR Custody Other Complaint to Adjudication Presentation 1 Disposition, Supervision and Custody Presentation 2 AOC & County Funded DYS & County DYS Funded DHR Funded 12 6
Approximately 100 judges preside over 67 juvenile courts 67 Juvenile Courts • Circuit Court Judges ≈ 100 Judges • District Court Judges 12 Referees • Referees ≈ 310 Juvenile • Intake • Probation Probation Officers (JPO) 13 In addition to juvenile matters, juvenile courts preside over civil and criminal matters related to both children and adults Criminal Juvenile Civil CHINS Dependency (including abuse, Contributing to the neglect) delinquency of a Delinquent acts minor Financial obligations Emancipation Adult transfer Termination of Violations of parental rights mandatory school Interstate compact attendance law Custody, marriage, (parents) School attendance spousal support Task Force’s primary jurisdictional focus 14 7
Complaint 15 A broad array of youth behavior committed before age 18 may lead to court involvement Delinquent Acts CHINS (committed before age 18)* (committed before age 18) • Delinquent status offenses • Truancy • Minor in possession of alcohol • Beyond parental control • Infractions • Runaway • Misdemeanors • Other status offenses • Felonies • Municipal ordinance violations (that apply only to children) • Valid court order violations No minimum age of prosecution *Delinquent acts committed by a child 16 or 17 years of age who is subject to 16 the jurisdiction of the criminal court under § 12-15-102(6) not included 8
Instead of lodging a formal complaint, certain behaviors may be addressed informally Early Warning School-based Mandatory services under certain Counseling circumstances Formal Complaint? Local Mental Counseling Health Yes Alternate Family Local DHR Referral Preservation No Private pay No Referral services Parental Response Parental discipline Other programs or services Any person may make a formal complaint 17 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 • The superintendent of education… shall • Class C Truancy report suspected violations to the Misdemeanor district attorney within 10 days. • • Drug or The principal shall notify appropriate N/A law enforcement officials when any alcohol use person violates local board of education policies concerning drugs or alcohol. • • Weapons [T]he school principal shall notify the N/A appropriate law enforcement authority. • Principal shall file a report…and [it] • Violent Class C disruptive shall be furnished [to] the county Misdemeanor incidents sheriff. Code of Ala. § 16-1-12, 16-1-24, 16-1-24.1, 16-1-24.3 18 9
For truancy, state law requires schools to file a complaint against the parent, but practice varies State rule 7 unexcused permits local absences? policy to be more School reports truancy to superintendent restrictive DA MUST Superintendent reports vigorously to DA enforce Parent prosecuted truancy law by DA Parent may avoid prosecution by signing affidavit or making specific defenses If parent signs affidavit, complaint may be filed against child Code of Ala. § 16-28-12, § 16-28-13, § 16-28-14 19 Complaints Data 20 10
Statewide, complaints have decreased 50% over the past decade Total Complaints 60,000 56,028 50,000 40,000 27,977 30,000 20,000 10,000 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 21 Arrests have decreased with complaints, down 56% since 2006 Total Complaints vs. Total Arrests Complaints Arrests 60,000 20,000 56,028 17,500 50,000 15,000 40,000 Total Complaints 12,500 Total Arrests 13,089 27,977 30,000 10,000 7,500 20,000 5,000 5,719 10,000 2,500 0 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Arrest Data Source: Alabama Law Enforcement Agency 22 11
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