Criminal Justice Policy Development and Resource Reinvestment Len Engel, Esq. December 10, 2010 What Works Conference Portland, OR Crime and Justice Institute at CRJ

Agenda National trends National trends Recent state-level responses Recent state-level responses Two states – systemic policy development Two states – systemic policy development The Kansas lesson The Kansas lesson Crime and Justice Institute at CRJ Boston, MA

Crime and Justice Institute at CRJ Boston, MA

Crime and Justice Institute at CRJ Boston, MA

Crime and Justice Institute at CRJ Boston, MA

Crime and Justice Institute at CRJ Boston, MA

Crime and Justice Institute at CRJ Boston, MA

Crime and Justice Institute at CRJ Boston, MA

Crime and Justice Institute at CRJ Boston, MA

Crime and Justice Institute at CRJ Boston, MA

Crime and Justice Institute at CRJ Boston, MA

Crime and Justice Institute at CRJ Boston, MA Kansas Takes a New Approach

Crime and Justice Institute at CRJ Boston, MA Problem 22% prison growth by 2016 $500 million in additional costs Analysis FY06: 65% of admissions were P&P violators, costing $53 million/year Solution Grant program to local community corrections to reduce revocations by 20% 60 day credit for risk-reduction programs Restore earned time for non-violent inmates Outcome Parole revocations down 46%; parole reconvictions down 26% Probation revocations down 28% Avert $80 million in costs over 5 years Kansas continued

Crime and Justice Institute at CRJ Boston, MA Texas Prison Population Texas Charts a New Direction

Texas continued Crime and Justice Institute at CRJ Boston, MA Problem Added 100,000 beds in past 20 years but still faced 14-17,000 bed shortfall by 2012 $523 million in additional costs for FY09 Analysis High recidivism rate, low parole grant rate Technical violators a primary driver Solutions Expand network of residential, community diversion/ treatment facilities ($241M) Comply with state parole rate statute Outcomes Probation revocations down 26% Parole revocations down 4% Actual savings of $512M in FY08/09. Est. savings much higher through FY Legislature continued $120M annual reinvestment in community corrections

Policy Development: stages of technical assistance Stage 1: Create vehicle Agree on goals, process, timeline, etc. Agree on goals, process, timeline, etc. Public announcement: Frame the issue Public announcement: Frame the issue Stage 2: Analysis Identify drivers of prison population growth Identify drivers of prison population growth Audit state correctional policy Audit state correctional policy Stage 3: Policy Development Develop policy options and model effects Develop policy options and model effects Stage 4: Consensus Building Draft report findings and recommendations and draft legislation Draft report findings and recommendations and draft legislation Stage 5: Passing legislation Education lawmakers, public and press Education lawmakers, public and press Crime and Justice Institute at CRJ Boston, MA

South Carolina Prison population increased from 9,000 to 25,000 inmates, 1983 to Prison population increased from 9,000 to 25,000 inmates, 1983 to Prison costs increased from $63.7 million to $394 million in the same period. Prison costs increased from $63.7 million to $394 million in the same period. High rate of recidivism and violent crime. High rate of recidivism and violent crime. Prison population projected to grow by 3200 inmates by Prison population projected to grow by 3200 inmates by Growth = 2 new prisons Growth = 2 new prisons No money and no political appetite for redirecting state funds to construct more prisons. No money and no political appetite for redirecting state funds to construct more prisons. Crime and Justice Institute at CRJ Boston, MA

South Carolina moves to change The Sentencing Reform Commission was established to: The Sentencing Reform Commission was established to: Analyze the state’s sentencing and corrections data, Identify the drivers of population and cost growth, Generate policy options to reduce recidivism and victimization, hold offenders accountable, and maximize limited financial resources in the state. Crime and Justice Institute at CRJ Boston, MA

South Carolina: how it got here Data analysis indicated: Data analysis indicated: Sentencing: Sentencing: Broad violent crime list (prohibited probation and parole) Broad violent crime list (prohibited probation and parole) Restrictive drug sentence options Restrictive drug sentence options High prison admission rate for low-level, non-violent felonies High prison admission rate for low-level, non-violent felonies Supervision: Supervision: Most inmates max-out Most inmates max-out Low parole approval rate (11%) Low parole approval rate (11%) Limited supervision and programmatic options Limited supervision and programmatic options System coordination System coordination Limited data collection and information sharing Limited data collection and information sharing Isolated corrections agencies Isolated corrections agencies Crime and Justice Institute at CRJ Boston, MA

5-Year Projected Prison Population Total Inmate Pop Projected Inmate Pop ,000 20,000 25,000 30,000 24,612 27,903

South Carolina’s policy development process 1 year spent building knowledge of Commission and collecting and analyzing data 1 year spent building knowledge of Commission and collecting and analyzing data Extensive stakeholder involvement – testimony from more than 20 different organizations, agencies and criminal justice experts, multiple presentations to state and local groups and ongoing engagement of stakeholders. Extensive stakeholder involvement – testimony from more than 20 different organizations, agencies and criminal justice experts, multiple presentations to state and local groups and ongoing engagement of stakeholders. 3 work groups set up within Commission to examine specific areas and develop recommendations. Recommendations were adopted by the Commission. 3 work groups set up within Commission to examine specific areas and develop recommendations. Recommendations were adopted by the Commission. Omnibus legislation filed in support of the recommendations with a 4 month committee hearing process. Omnibus legislation filed in support of the recommendations with a 4 month committee hearing process. Legislation passed unanimously in Senate and in the House with only 4 dissenting votes. Legislation passed unanimously in Senate and in the House with only 4 dissenting votes. Signed into law by Governor Sanford in June, Signed into law by Governor Sanford in June, Crime and Justice Institute at CRJ Boston, MA

South Carolina’s new law Redrafted drug and low-level felony offenses restricting the use of mandatory minimum sentences and enabling greater use of alternatives Redrafted drug and low-level felony offenses restricting the use of mandatory minimum sentences and enabling greater use of alternatives Requires supervision of all offenders returning to the community and allows work release for offenders serving serious felony sentences. Requires supervision of all offenders returning to the community and allows work release for offenders serving serious felony sentences. Requires the use of a validated risk-needs assessment in parole release decisions and supervision decisions. Requires the use of a validated risk-needs assessment in parole release decisions and supervision decisions. Reinvests savings in drug courts and community-based programs and eventually performance-incentive program. Reinvests savings in drug courts and community-based programs and eventually performance-incentive program. Increased knowledge and expertise in parole board and staff. Increased knowledge and expertise in parole board and staff. Requires Fiscal Impact Statements to relevant bills. Requires Fiscal Impact Statements to relevant bills. Established oversight committee to ensure follow-through. Established oversight committee to ensure follow-through. Crime and Justice Institute at CRJ Boston, MA

Arkansas “ the leaders of our State know that we must develop and implement policies that will safely and effectively manage the growth of our prison population.” Crime and Justice Institute at CRJ Boston, MA Bi-partisan, inter-branch Work Group established to:  Analyze sentencing laws and corrections policies  Develop tailored policy recommendations that will generate savings for the state  Suggest ways that the state can reinvest a portion of its savings to strengthen community corrections

Data Analysis What’s driving Arkansas's prison population Sentencing Trends Sentencing Trends o Sentencing guidelines o Offense definitions and classifications o Use of alternatives to incarceration Length of Stay Length of Stay o Parole eligibility and grant rates o “Good Time” credits o Correctional programming Community Supervision (Probation & Parole) Community Supervision (Probation & Parole) o Revocation policy o Earned discharge o Evidence-based practice Crime and Justice Institute at CRJ Boston, MA

Crime and Justice Institute at CRJ Boston, MA

Arkansas: the drivers High prison admissions rates and very low probation rates. High prison admissions rates and very low probation rates. Low-level felons with minimal criminal histories account for more than 30% of admissions. Low-level felons with minimal criminal histories account for more than 30% of admissions. 2,000 inmates held beyond their parole eligibility date. 2,000 inmates held beyond their parole eligibility date. 35% of parolees do not complete supervision 35% of parolees do not complete supervision Crime and Justice Institute at CRJ Boston, MA

Arkansas The Work Group is crafting consensus recommendations. The Work Group is crafting consensus recommendations. Recommendations will include legislative and administrative reforms. Recommendations will include legislative and administrative reforms. Significant public education effort will be deployed. Significant public education effort will be deployed. Legislation will be filed in anticipation of passage before the session ends this spring. Legislation will be filed in anticipation of passage before the session ends this spring. Crime and Justice Institute at CRJ Boston, MA

Caution from Kansas Recent data indicates: Prison population is climbing again. Prison population is climbing again. Probation revocations to prison have increased. Probation revocations to prison have increased.Why? Corrections spending decreased 8% or $23 million in FY Corrections spending decreased 8% or $23 million in FY % of the performance-based grant fund was cut and the remaining amount was wrapped into the base budget for community corrections. 25% of the performance-based grant fund was cut and the remaining amount was wrapped into the base budget for community corrections. The legislature continued to pass laws increasing penalties which increased admissions to prison and longer periods of imprisonment. The legislature continued to pass laws increasing penalties which increased admissions to prison and longer periods of imprisonment. Crime and Justice Institute at CRJ Boston, MA