Is the Death Penalty Expensive Percentage of Teens on Probation That Commit Crime Again

Proposition 21

Juvenile Crime.

Initiative Statute.

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Overview

This measure makes various changes to laws specifically related to the treatment of juvenile offenders. In addition, it changes laws for juveniles and adults who are gang-related offenders, and those who commit vehement and serious crimes. Specifically, it:

• Requires more juvenile offenders to be tried in adult court.
• Requires that certain juvenile offenders be held in local or state correctional facilities.
• Changes the types of probation bachelor for juvenile felons.
• Reduces confidentiality protections for juvenile offenders.
• Increases penalties for gang-related crimes and requires convicted gang members to register with local law enforcement agencies.
• Increases criminal penalties for certain serious and fierce offenses.

The most pregnant changes and their fiscal effects are discussed beneath.

Prosecution of Juveniles in Developed Court

Background . Currently, a minor fourteen years of historic period or older can exist tried equally an adult for certain offenses. Generally, in guild for this to occur, the prosecutor must file a petition with the juvenile court asking the courtroom to transfer the juvenile to adult court for prosecution. The juvenile court and so holds a hearing to determine whether the pocket-size should exist transferred. However, if an offender is 14 years of age or older, has previously committed a felony, and is accused of committing one of a specified listing of vehement crimes, so that offender must exist prosecuted in adult courtroom.

Proposal. This mensurate changes the procedures under which juveniles are transferred from juvenile court to adult courtroom. Juveniles 14 years of age or older charged with committing certain types of murder or a serious sexual activity offense generally would no longer exist eligible for juvenile courtroom and would have to be tried in adult courtroom. In addition, prosecutors would exist allowed to directly file charges confronting juvenile offenders in adult court under a variety of circumstances without first obtaining permission of the juvenile court.

Fiscal Issue. The fiscal effect of these changes is unknown and would depend primarily on the extent to which prosecutors use their new discretion to increase the number of juveniles transferred from juvenile to adult court. If they elect to transfer only the cases that they currently ask the juvenile court to transfer, so the fiscal impact on counties and the state could likely be some small-scale savings because the courts currently grant most of the requests of the prosecutors. Nevertheless, if prosecutors utilize their new discretion to expand the use of adult courts for juvenile offenders, the combined costs to counties and the land could be significant. Specifically, the annual operating costs to counties to house these offenders before their adult court disposition could be tens of millions of dollars to more $100 meg annually, with one-time construction costs of $200 meg to $300 million.

Juvenile Incarceration and Detention

Groundwork. Nether existing police force, probation departments generally tin decide whether a juvenile arrested for a crime tin can be released or should be detained in juvenile hall pending activity by the courtroom. These determinations generally are based on whether there is space in the juvenile hall and the severity of the offense. The chief exception concerns offenses involving the personal utilize or possession of a firearm, in which case the offender must be detained until he or she can exist brought earlier a estimate. Nigh juveniles detained in juvenile halls for a long fourth dimension are awaiting courtroom activeness for very serious or violent offenses.

If, after a hearing, a court declares a juvenile offender a delinquent (similar to a conviction in adult courtroom), the court in consultation with the probation department, will decide where to place the juvenile. Generally, those options range from probation within the community to placement in a county juvenile detention facility or placement with the California Youth Dominance (CYA).

For juveniles tried every bit adults, the developed criminal court tin generally, depending on the circumstances, commit the juvenile to the jurisdiction of either the CYA or the California Department of Corrections (CDC). In addition, juvenile offenders bedevilled in adult courtroom who were non transferred in that location by the juvenile courtroom can petition the adult court to exist returned to juvenile court for a juvenile courtroom sanction, such as probation or commitment to a local juvenile detention facility.

Because current law prohibits housing juveniles with adult inmates or detainees, whatever juvenile housed in an adult jail or prison house must be kept separate from the adults. Equally a result, about juveniles--fifty-fifty those who accept been tried in adult courtroom or are pending activity by the court--are housed in a juvenile facility such every bit the juvenile hall or the CYA until they reach the age of 18.

Proposal. Under this measure probation departments would no longer have the discretion to determine if juveniles arrested for any i of more than 30 specific serious or violent crimes should exist released or detained until they can be brought before a approximate. Rather, such detention would exist required under this mensurate. In addition, the measure requires the juvenile court to commit certain offenders declared delinquent past the court to a secure facility (such every bit a juvenile hall, ranch or military camp, or CYA). Information technology also requires that whatever juvenile 16 years of age or older who is convicted in developed court must exist sentenced to CDC instead of CYA.

Fiscal Effect. Because this measure out requires that certain juvenile offenders be detained in a secure facility, information technology would consequence in unknown, potentially significant, costs to counties.

Requiring juveniles bedevilled in developed court to be sentenced to CDC would probably result in some net land savings because it is cheaper to house a person in CDC than in CYA.

A number of research studies indicate that juveniles who receive an adult court sanction tend to commit more than crimes and render to prison more often than juveniles who are sent to juvenile facilities. Thus, this provision may result in unknown time to come costs to the land and local criminal justice systems.

Changes in Juvenile Probation

Background. Statewide there are more than 100,000 juvenile offenders annually on probation. Most are on "formal" probation, while the remainder are on "breezy" probation. Nether formal probation, a juvenile has been constitute by a courtroom to exist a runaway, while under breezy probation there has been no such finding. In almost informal probation cases, no courtroom hearing has been held considering the probation department tin can directly impose this blazon of sanction. If the juvenile successfully completes the informal probation, he or she will have no tape of a juvenile crime.

Proposal. This measure by and large prohibits the use of breezy probation for any juvenile offender who commits a felony. Instead, information technology requires that these offenders announced in court, but allows the court to impose a newly created sanction called "deferred entry of judgment." Like informal probation, this sanction would result in the dismissal of charges if an offender successfully completes the term of probation.

Financial Effect. On a statewide basis the fiscal upshot of these changes is not probable to be significant. In those counties where a large portion of the breezy probation caseload is fabricated upwardly of felony offenders, there would be some increased costs for both the state and the county to handle an increased number of courtroom proceedings for these offenders. In add-on, county probation departments would confront some unknown, but probably small-scale, costs to enforce the deferred entry of judgment sanction.

Juvenile Record Confidentiality and Criminal History

Background. Electric current law protects the confidentiality of criminal tape information on juvenile offenders. However, such protections are more than limited for juvenile felons and those juveniles charged with serious felonies.

Proposal. This measure reduces confidentiality protections for juvenile suspects and offenders past:

• Barring the sealing or destruction of a juvenile offense tape for any small-scale fourteen years of age or older who has committed a serious or fierce offense, instead of requiring them to expect six years from when the crime was committed as provided under electric current law.
• Allowing constabulary enforcement agencies the discretion to disclose the name of a juvenile charged with a serious felony at the time of arrest, instead of requiring them to wait until a charge has been filed equally under current law.
• Providing law enforcement agencies with the discretion to release the name of a juvenile suspect alleged to have committed a violent offense whenever release of the information would assist in apprehending the small-scale and protecting public prophylactic, instead of requiring a court social club as under current police.

In improver, this measure requires the California Department of Justice (DOJ) to maintain consummate records of the criminal histories for all juvenile felons, not just those who have committed serious or violent felonies.

Fiscal Effect. These provisions would effect in some savings to counties for not having to seal the records of certain juvenile offenders. At that place would also exist unknown, only probably pocket-sized, costs to country and local governments to report the complete criminal histories for juvenile felons to DOJ, and to the land for DOJ to maintain the new information.

Gang Provisions

Background. Current law generally defines "gangs" as whatever ongoing organization, association, or grouping of 3 or more persons, whether formal or informal, having equally 1 of its master activities the commission of certain crimes. Under current law, anyone bedevilled of a gang-related crime tin receive an extra prison term of one, two, or three years.

Proposal. This measure increases the extra prison terms for gang-related crimes to ii, three, or iv years, unless they are serious or violent crimes in which example the new extra prison terms would be five and ten years, respectively. In improver, this mensurate adds gang-related murder to the list of "special circumstances" that make offenders eligible for the death punishment. It too makes it easier to prosecute crimes related to gang recruitment, expands the law on conspiracy to include gang-related activities, allows wider use of "wiretaps" confronting known or suspected gang members, and requires anyone bedevilled of a gang-related crime to register with local law enforcement agencies.

Fiscal Outcome. The extra prison sentences added by the measure would result in some offenders spending more fourth dimension in state prison, thus increasing costs to the country for operating and constructing prisons. The CDC estimates the measure would result in ongoing annual costs of almost $30 one thousand thousand and one-fourth dimension structure costs totaling about $lxx 1000000 by 2025 to business firm these offenders for longer periods.

Local law enforcement agencies would incur unknown almanac costs to implement and enforce the gang registration provisions.

Serious and Violent Felony Offenses

Background. Nether electric current law, anyone convicted of a serious or violent offense is subject to a longer prison sentence, restrictive bail and probation rules, and sure prohibitions on plea bargaining. The "Three Strikes and Yous're Out" law provides longer prison sentences for new offenses committed by persons previously bedevilled of a vehement or serious crime. In improver, persons convicted of violent offenses must serve at least 85 percent of their sentence before they tin be released (about offenders must serve at to the lowest degree 50 pct of their sentence).

Proposal. This measure revises the lists of specific crimes defined as serious or vehement offenses, thus making most of them subject to the longer sentence provisions of existing law related to serious and fierce offenses. In addition, these crimes would count as "strikes" nether the Three Strikes police force.

Fiscal Effect. This measure's provision adding new serious and violent felonies, combined with placing the new offenses under the Three Strikes law, will effect in some offenders spending longer periods of time in state prison, thereby increasing the costs of operating and amalgam prisons. The CDC estimates that the measure out would result in ongoing almanac state costs of nigh $300 million and one-time construction costs totaling about $675 million in the long term. The measure could also result in unknown, merely potentially significant, costs to local governments to detain these offenders pending trial, and to prosecute them.

These additional costs may be showtime somewhat for the state and local governments past potential savings if these longer sentences effect in fewer crimes being committed.

Summary of Financial Effects

State. We guess that this measure would outcome in ongoing annual costs to the country of more than $330 million and i-time costs totaling well-nigh $750 million in the long term.

Local. We gauge that this measure out could result in ongoing annual costs to local governments of tens of millions of dollars to more than $100 million, and ane-fourth dimension costs of $200 million to $300 million.

A summary of the fiscal furnishings of the measure is shown in Figure 1.

Figure 1
Suggestion 21 Summary of Fiscal Effects of Major Provisions
	Financial Outcome
	Land	Local
Prosecution of Juveniles in Developed Courtroom
Changes procedures for transferring juveniles to adult courtroom, thereby increasing the number of such transfers.	Unknown courtroom costs for additional cases in adult court.	Unknown, potentially ranges from small savings to annual costs of more $100 million and 1-time costs of $200 million to $300 one thousand thousand.
Juvenile Incarceration and Detention
Requires secure detention or placement of certain juvenile offenders, also as commitment to state prison house for juveniles sixteen years of historic period and older convicted in adult court.	Unknown, some net savings for less costly commitments.	Unknown, potentially significant costs.
Changes in Probation
Changes the types of probation bachelor for juvenile felons.	Some courtroom costs to formally handle more than juvenile offenders.	Potential costs in some counties, but not significant on a statewide basis.
Juvenile Tape Confidentiality and Criminal History
Reduces confidentiality protections for juvenile offenders and requires the California Department of Justice to maintain criminal history records on all juvenile felons.	Minor costs to report and compile criminal histories.	Pocket-sized savings due to elimination of procedural requirements.
Gang Provisions
Increases penalties for gang- related crimes and requires gang members to register with local constabulary enforcement agencies.	Annual cost of about $30 1000000 and onetime costs of about $lxx 1000000.	Unknown costs for gang member registry.
Violent and Serious Felony Offenses
Adds crimes to the serious and fierce felony lists, thereby making offenders subject area to longer prison house sentences.	Almanac costs of about $300 million and one-time costs of about $675 million.	Unknown, potentially significant costs to detain additional offenders pending trial and to prosecute them.

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Source: https://lao.ca.gov/ballot/2000/21_03_2000.html

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