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ARIZONA STATE LEGISLATURE
Forty-ninth Legislature – Second Regular Session
SENATE PUBLIC SAFETY AND HUMAN SERVICES AND
HOUSE JUDICIARY COMMITTEE OF REFERENCE
FOR THE SUNSET REVIEW OF
THE ARIZONA DEPARTMENT OF JUVENILE CORRECTIONS
Minutes of Interim Meeting
House Hearing Room 3 -- 10:00 a.m.
Co-Chairman Ash called the meeting to order at 10:05 a.m. and the secretary called the roll.
Senator David Braswell Representative Adam Driggs
Senator Rebecca Rios Representative Cecil Ash, Co-Chairman
Senator Linda Gray, Co-Chairman
Senator Leah Landrum Taylor Representative Ben Miranda
Representative Steve Montenegro
PRESENTATION:
Michael Branham, Director, Arizona Department of Juvenile Corrections (ADJC), presented an overview of the Department (Attachment 1). He advised that ADJC was formed in 1990 when it was split from the Arizona Department of Corrections, separating juveniles from the adult population. There are currently 960 youth in the system: 384 in secure care, 409 on parole and 167 on interstate compact. The national average cost per day per youth in secure care is $240. Arizona’s FY2010 average cost was $316.26 and the Department is projecting a FY2011 average cost of $288.90. The average age of the population is 16-17 years of age. By statute, the Department can take offenders as young as eight years old. He provided statistics of the juvenile population, citing prior referrals and adjudications, offenses, the committing county, and length of stay. Reference was made to the March 2009 Auditor General’s report citing recommendations (Attachment 2). He noted that the Department received a one-year extension last year and the agency is here today requesting a five to ten-year extension.
Senator Braswell asked the average daily cost of students who violate parole. Mr. Branham answered that the cost is $288 if the juvenile goes back behind the fence. The cost is $38 a day for paroled juveniles in the community.
In response to Senator Braswell’s queries, Mr. Branham advised that six percent of juveniles who are 16 or 17 years old ultimately end up in the adult prison population. Most of the cost for students placed in the juvenile corrections program is borne by the state and comes from the General Fund; a small amount of federal funds provides for education and treatment. He noted that most of the juveniles adjudicated to the agency have multiple problems. Some communities, such as Pima County, have found additional resources within their communities to keep from sending juveniles into the system and that is why their numbers are lower.
In reply to Co-Chairman Gray, Mr. Branham reiterated that $2.9 million comes from federal funds while $77 million comes from the state General Fund.
Co-Chairman Gray brought up violations. Mr. Branham replied that the Department has not been out of compliance since its last review and has continued to make great progress.
Senator Melvin stated that he is in favor of continuing the agency. In response to his question about ankle bracelets, Mr. Branham related that the Department uses ankle bracelets in conjunction with good supervision, accountability, education and treatment. Senator Melvin commented that a number of young men and women released from the system have joined the military, attended college, become firefighters, etc. Mr. Branham stated that it is important to have programs that make kids want to succeed. He said that all programs are geared toward giving back to the community. Through the many programs provided by the agency, juveniles learn new skills, giving them self-confidence to achieve, while helping communities. He noted that chores help them to succeed.
Representative Driggs asked whether adjudication standards are similar in each county for juvenile offenders. Mr. Branham answered that standards are similar; however, he explained that it depends upon the community and its needs, the wishes of the judges and the ability to find alternative placements as well as other options.
Senator Melvin asked what factors determine where a juvenile is sent. Mr. Branham explained that juveniles sent to the juvenile justice system are more amenable to treatment and education than if they are sent to the adult justice system. Sending kids to the adult system does not help them reshape their lives; it generally makes them criminals.
Co-Chairman Ash referenced the
March 2009 Auditor General’s report (Attachment 2). The report noted that
treatment programs as designed have not been implemented. Also, staff working
in the sex offender units have not received specialized sex offender training.
Mr. Burnham related that those deficiencies have been corrected.
Mr. Branham answered a number of questions posed by Co-Chairman Ash:
-- Office pay scale is similar to other agencies.
-- The judge may adjudicate the child for a specific time. In addition, the agency conducts a 30-day assessment to help place the juvenile; they will not be released back into the community until they are ready to go.
-- There is family involvement where practical. In addition, video conferencing is available for those where direct family involvement is not practical.
-- Many kids in the system have jobs. Some, such as kitchen help, earn $1 per hour, while some do not get paid at all. The agency also ensures that they have jobs when they go back into the community.
-- Both state employees and private sources are used for counseling services.
-- The current ratio of parolees and supervisors depends on the geographic area.
Senator Gray asked whether some of the juveniles go into the military. Mr. Branham answered in the affirmative. He stated that the Department has worked hard so course credits transfer to the military as well as to the local high school districts, community college and university systems.
Senator Braswell raised several education questions. He queried the average pupil/teacher ratio, the percentage of the Department’s budget that is earmarked for education, and the percentage earmarked for certified staff and contracted staff. Mr. Branham related that ADJC tries to have one teacher for every 12 students. He said he will have to get back to the Committee on the other questions asked.
Discussion ensued on the average national cost of housing juveniles. Mr. Branham reiterated that the national average cost is $240; the cost for offenders behind the fence in Arizona is $288 per day, while the cost for juveniles on parole status out on the street is $38 a day for direct services. The cost varies state by state depending on services provided.
Co-Chairman Ash brought up digital learning opportunities. Mr. Branham advised that students are allowed to go on-line at the parole centers while awaiting enrollment back into a regular school district. He said that digital opportunities will continue to be expanded in the future.
PUBLIC TESTIMONY:
Names of those who signed up in support of the continuation of the Arizona Department of Juvenile Corrections but did not speak:
Mary Marshall, PIO/Legislative Liaison, Arizona Criminal Justice Commission
Luis Ebratt, President, Arizona Peace Officers Association and Arizona Conference of Police & Sheriffs
Kathleen Mayer, Deputy Pima County Attorney, Pima County Attorney's Office
Beth Rosenberg, Director,
Children’s Action Alliance, testified in support of the extension of the
Department. Children’s Action Alliance believes that this Committee should
recommend the continuation of ADJC for at least a minimum of five years. She
spoke about the need to consider reforms that are taking place all across the
country that will lead to better outcomes and provide for better public safety,
such as what is happening in Pima County. In 2004,
18 percent of the juveniles sent to ADJC were from Pima County; today they
represent six percent of the population. The number has been reduced through the
County’s juvenile detention alternative program and by working hard with
community stakeholders to provide incentives to keep kids in the community
rather than sending them to ADJC. While reform of the entire system is
needed, there is still a need for secure beds for some juvenile offenders
because there will always exist a small group of delinquent youth whose
behavior requires correctional supervision. In addition to extending the
agency, she asked the Legislature to maintain a budget supporting the
programming required to ensure that the Department meets the Constitutional
standards for safety, health and rehabilitation for the youth in its care.
In reply to Co-Chairman Ash, Ms. Rosenberg related that Maricopa County is looking at what Pima County did to reduce the number of offenders adjudicated to ADJC. She said it is important to recognize that what Pima County did is unique to that community, its resources and its programming.
Co-Chairman Ash raised the suicide issue at the agency. Mr. Branham answered that because of possible litigation, he has to be cautious about what he says. He noted that the Department is looking at everything it does. Nothing is more important than the safety of the kids and the staff.
Co-Chairman Gray read an e-mail from Elizabeth Rice, mother of a daughter who was killed by Jose, a 14-year old repeat offender who was driving a stolen car (Attachment 3). She commended the healing programs offered by ADJC that have helped offenders like Jose turn their lives around and become contributors to society. She recommended that the agency be continued.
Senator Braswell expressed concern about whether juveniles are being helped as cost-effectively as possible with the money that is being spent on rehabilitation. His concern is that these kinds of expenditures are being blindly approved without more accountability in place for the outcomes that are being seen.
Co-Chairman Gray commented that funding needs to be at the national average. She advised Mr. Branham to continue to work on a budget that meets that standard.
In response to Senator Melvin’s query about the number of full-time Department employees and the percentage of the total budget they account for, Mr. Branham answered that the overall percentage is about 89 percent; the Department currently employs about 730 employees. He stated that he is committed to continuing to work for ways to reduce costs.
Co-Chairman Gray moved that the Committee of Reference recommend to the full Legislature that the Arizona Department of Juvenile Corrections be continued for five years. The motion carried by a voice vote of six ayes and one nay.
Without objection, the meeting adjourned at 11:15 a.m.
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Joanne Bell, Committee Secretary
December 15, 2010
(Original minutes, attachments and audio on file in the Chief Clerk’s Office; video archives available at http://www.azleg.gov)
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COR – SENATE PSHS AND
HOUSE JUD
December 6, 2010
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