NC Sentencing and Policy Advisory Commission

RECIDIVISM OF 16 AND 17 YEAR OLD

AND JUVENILE OFFENDERS: FINDINGS FROM TWO STUDIES

Presented to Youth Accountability Planning Task

ForcePrograms and Benefits Work Group

January 19, 2010

NC Sentencing and Policy Advisory Commission Created by the General Assembly in 1990

30 member, non-partisan body of experts from all areas of the criminal justice system

Broad mandate which allows the review or monitoring of the criminal justice and juvenile justice systems

Highlights from two reports: Adult Recidivism Study (2006) Juvenile Recidivism Study (2009).

2006 Correctional Program Evaluation(Adult Recidivism Study)

Legislatively mandated, biennial report

Sample 57,973 adult offenders released from prison or

placed on probation in FY 2001/02

Follow up period: Three years

Outcome measure: Rearrest

Focus Area: Youthful Offenders Offenders were designated youthful if

they were under the age of 21 at the time of their offense.

3,970 offenders were 16 or 17 year olds, or 7% of the sample.

3,475 were probationers 495 were prison releases

Prior Arrests and Current Conviction:

Youthful and Adult ProbationersA Comparison of Youthful and

Adult OffendersN

% Any Arrest

Current Conviction

% A-E Felony

%F-I Felony

% Misdemeanor

% Other (FSA)

Probation Entries

13-15 22 31.8 0.0 40.9 59.1 0.0

16-17 3,475 52.1 0.9 21.5 76.1 1.5

18-21 6,709 70.3 1.9 33.1 64.3 0.7

Youthful Subtotal 10,206 64.0 1.5 29.2 68.3 1.0

21 and older 30,649 78.1 1.5 35.1 63.1 0.4

PROBATION SUBTOTAL 40,855 74.6 1.5 33.6 64.4 0.6

SOURCE: NC Sentencing and Policy Advisory Commission, FY 2001/02 Correctional Program Evaluation

Prior Arrests and Current Conviction:

Youthful and Adult PrisonersA Comparison of Youthful and

Adult OffendersN

% Any Arrest

Current Conviction

% A-E Felony

%F-I Felony

% Misdemeanor

% Other (FSA)

Prison Entries

13-15 15 73.3 86.7 13.3 0.0 0.0

16-17 495 91.9 29.5 59.9 11.1 0.4

18-21 2,322 95.6 17.3 69.4 13.2 0.2

Youthful Subtotal 2,832 94.8 19.8 67.3 12.8 0.2

21 and older 14,286 96.6 8.6 68.0 23.1 0.4

PROBATION SUBTOTAL 17,118 96.3 10.4 67.9 21.4 0.4

SOURCE: NC Sentencing and Policy Advisory Commission, FY 2001/02 Correctional Program Evaluation

Rearrest Rates Using a 3-Year Follow-Up Period for Offenders Placed on Probation or

Released from Prison in FY 01/02

Age at Admission to

DOCN

All(%)

Prisoners(%)

Probationers(%)

16-17 Years 3,970 46.2 67.7 43.2

18-21 Years 9,031 44.9 60.2 39.5

All Youthful Offenders

13,038 45.3 61.5 40.8

All Offenders 57,973 38.2 49.8 33.3

SOURCE: Report on the Study of Youthful Offenders, page 29

Summary of Findings

16-17 year old probationers and prisoners had higher rearrest rates than adult probationers and prisoners in the sample.

16-17 year old prisoners returned to the criminal justice system in a shorter time than any other age group.

Differences between youthful and adult offenders create unique challenges for the Department of Correction.

2009 Juvenile Recidivism Study

Legislatively mandated, biennial report

Sample: 20,236 juveniles with at least one delinquent complaint during FY 2004/05

Follow-up period: Three years

Outcome measure: Any subsequent juvenile complaint and/or adult arrest

Description of Four Sample Groups

Closed: Complaint was closed at intake by a court counselor, with no further action required.

Diverted: Complaint was diverted from court by a court counselor who developed a plan or contract for the juvenile to comply with certain conditions. Non-compliance with the plan or contract could later result in the filing of the complaint as a petition in juvenile court.

Description of Four Sample Groups (Cont’d)

Dismissed: Complaint was filed as a petition and dismissed by the court during the pre-adjudicatory or adjudicatory hearing.

Adjudicated: Complaint was filed as a petition and the juvenile was adjudicated delinquent by the court. The adjudication may or may not have had a disposition entered in the time frame of the study.

Juvenile Recidivism Sample

FY 2004/05 Juvenile Sample

(N=20,236)

Adjudicated(n=7,012)

35%

Dismissed(n=2,409)

12%

Diverted(n=5,100)

25%

Closed(n=5,715)

28%

SOURCE: NC Sentencing and Policy Advisory Commission, FY 2004/05 Juvenile Recidivism Sample

Juvenile Recidivism Sample Profiles

Sample

Profiles

Level of Involvement

All

N=20,236

Adjudicated

n=7,012

Dismissed

n=2,409

Diverted

n=5,100

Closed

n=5,715

Demographic Profile

Age at Offense 13.8 13.6 13.5 13.5 13.6

% Male 77.4 70.8 66.1 65.6 70.4

% Black 53.8 56.5 46.6 50.9 51.5

Sample Offense Profile

Offense Type

% Felony 22.4 19.2 3.2 2.1 11.4

% Misdemeanor 77.6 80.8 96.8 97.9 88.6

Offense Classification

% Violent 2.7 3.7 0.0 0.0 1.4

% Serious 29.1 25.3 8.2 6.9 17.1

% Minor 68.2 71.0 91.8 93.1 81.5

SOURCE: NC Sentencing and Policy Advisory Commission, FY 2004/05 Juvenile Recidivism Sample

Juvenile Recidivism Rates

Level ofInvolvement

SubsequentComplaints

AdultArrests

OverallRecidivism

Time toFailure

% % % In months

Adjudicated 45.7 28.1 55.7 10.8

Dismissed 40.8 25.5 48.0 11.3

Diverted 31.9 15.3 38.7 12.8

Closed 29.0 15.9 35.5 12.2

TOTAL 36.7 21.4 44.8 11.6

SOURCE: NC Sentencing and Policy Advisory Commission, FY 2004/05 Juvenile Recidivism Sample

Summary of Findings A relationship was found between the juveniles’

level of involvement with the juvenile justice system and the likelihood of recidivating.

A relationship was observed between the type of sample offense and the recidivistic events in the three-year follow-up period.

A complex relationship was noted between age and recidivism for juveniles in the sample.

NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION

Web site: http://www.nccourts.org/Courts/CRS/

Councils/spac

Phone: (919) 890-1470