Rockwall County, Texas Criminal Justice System Assessment and Forecast Commissioner’s final report SEPTEMBER 2018 Rockwall County, Texas Criminal Justice System Assessment and Forecast Karen L. Chinn | Chinn Planning, Inc.

Criminal Justice System Trends

Demographic Trends Historic and Projected Population Total County population increased by 206% from 1990 to 2010 (a total increase of 52,733 persons). Total County population is projected to increase by 70.5% from 2010 to 2035 (a total increase of 55,242 persons). Projected population growth uses the One-Half 2000 to 2010 Migration Scenario projection completed in 2014 by the Texas Demographic Center. The One-Half 2000 to 2010 Migration is the recommended scenario for conducting long-term planning. May require more than one slide Source: US Bureau of the Census & Texas Demographic Center. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Demographic Trends Rockwall County Population Profile Population had slightly more females, with a Caucasian majority (83.6%). African-Americans were the largest defined minority population at 5.8%. The poverty level of 5.2% was significantly lower than the State of Texas average of 15.6%. Rockwall County's Median Household Income was $42,575 (78%) higher than the State of Texas. May require more than one slide Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Law Enforcement Trends Crime and Arrest Trends May require more than one slide The Rockwall County Crime Rate decreased by 34.2% overall during the 7-year period from 2010 to 2016. The Crime Rate peaked at 19.5 per 1,000 population in 2011. The Arrest Rate decreased by 16.9% overall during the 7-year period from 2010 to 2016. The Arrest Rate peaked at 27.2 per 1,000 population in 2010. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Law Enforcement Trends Crime and Arrest Rates Trends May require more than one slide Source: Texas Department of Public Safety. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Law Enforcement Trends Adult Arrest Profile 2016 May require more than one slide Source: Texas Department of Public Safety. Arrests for Drug/Narcotic Violations, Drunkenness and DUI make up 50% of total arrests in Rockwall County. The City of Rockwall makes roughly 50% of the arrests in the County, followed by Rockwall County Sheriff’s Office and City of Royce. In 2016, Other Offenses represented the highest percentage (29%) of arrests. The Other Offenses category includes Disorderly Conduct, Liquor Laws, Vandalism, All Other Offenses, etc. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Court Trends Overview of Courts May require more than one slide Figure 4 Overview of Courts May require more than one slide Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Court Trends Justice of the Peace Courts The total percentage decrease in Justice of the Peace Criminal Case Filings during the 11-year period was 54%; actual number decrease was 6,706. The total percentage decrease in Justice of the Peace Criminal Case Dispositions during the 11-year period was 59%; actual number decrease was 7,803. The Disposition Rate varied from a low of 79.9% in FY2012 to a high of 136.3% in FY2016. May require more than one slide Source: Texas Judicial Branch. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Court Trends County Court at Law Filings and Dispositions The total percentage decrease in County Court Filings during the 11- year period was 9%; actual number decrease was 270. The total percentage decrease in County Court Dispositions during the 11-year period was 29%; actual number decrease was 920. The Disposition Rate varied from a low of 82.5% in 2017 to a high of 116.4% in 2013. In 2017, 45% of cases were disposed in under 90 days. May require more than one slide Source: Texas Judicial Branch. Rockwall County, Texas Criminal Justice System Assessment and Forecast

Court Trends County Court at Law Case Filing by Type May require more than one slide Source: Texas Judicial Branch. In 2017, Drug Possession of Marijuana (24%) and Other Offenses (24%) represented almost half of new cases filed. Driving while drivers license is suspended/invalid (DWLS/DWLI) comprised 21% of cases filed in the County Court of Law in 2017. The Other Offenses category (24% of cases filings) includes DWI 2nd, Theft by Check, Assault - Other, Traffic and All Other Misdemeanor Cases. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Court Trends County Court at Law Fines and Costs May require more than one slide Court Costs and fees collected monthly represents 27% of court costs assessed monthly. Court fines collected monthly represents 7% of court costs assessed monthly. Jail time served credit is the amount the Judge will allow (in certain situations) a defendant to spend in jail in lieu of paying court costs or fines. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Court Trends District Court Filings and Dispositions The total percentage increase in District Court Filings during the 11-year period was 4%; actual number increase was 40. The total percentage decrease in District Court Dispositions during the 11-year period was 1.8%; actual number decrease was 18. The Disposition Rate varied from a low of 90% in 2015 to a high of 109.7% in 2011. May require more than one slide Source: Office of Court Administration, Rockwall County District Court. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Court Trends District Court Case Filing by Type May require more than one slide Source: Office of Court Administration, Rockwall County District Court. In 2017, Drug Possession represented the highest percentage (34%) of new cases filed. The Other Offenses category includes Sexual Assault Adult (3), Indecency/Sexual Assault of a Child (14), Robbery (11). All Misdemeanor (1), and Other Felonies (which represented 208 of the 237 Cases in this category but the specific offenses are not listed). Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Court Trends District Court Age of Cases Disposed Rockwall County District Court disposed of the highest percentage of cases in less than 90-days (64%). May require more than one slide Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Court Trends District Court Sentences Imposed May require more than one slide Source: Office of Court Administration, Rockwall County District Court. In 2017, Drug Possession represented the highest percentage (43%) of motions to revoke. The Other Offenses category includes Murder/Homicide (2), Indecency/Sexual Assault of a Child (3), Drug Sale/Manufacture (3), All Misdemeanor (1) and Other Felonies (which represented 46 of the 55 Motions to revoke in this category). Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

District Attorney Trends Case Filings and Dispositions The total percentage increase in Criminal Case Filings during the 10-year period was 50%, with the largest increase occurring in 2017. Misdemeanor cases comprise 72% of all criminal cases filed in the District Attorney’s office. In 2017 47% of felony intakes and 36% of misdemeanor intakes were for drug offenses. Another 16% of misdemeanor filings were for DWI offenses, and 23% were for DWLS/DWLI offenses. The Rockwall County District Attorney’s office staffs a Veteran’s Court (multi-county) and to a very limited extent provides some forms of diversion for very low level offenders. May require more than one slide Source: Office of Court Administration, Rockwall County District Court. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Public Defender Trends Public Defender Adult Cases The total percentage increase in Public Defender Cases during the 5-year period was 86%; actual number increase was 724. Total Public Defender Cases peaked at 1,566 in FY2017. In 2017, 62% of cases handled by the Public Defender were misdemeanor cases. Felony Cases increased by 34.4%, while Misdemeanor cases increased significantly by 144% during the 5-year period. May require more than one slide Source: Texas Indigent Defense Commission. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Community Supervision and Corrections Department Trends Rockwall County and Statewide CSCD Direct Supervision Population The total percentage increase in cases placed on Probation in Rockwall County during the 5-year period was 8%; actual number increase was 70. Misdemeanor cases placed on probation/community supervisions decreased by 3% between 2013 and 2017. The total percentage decrease in cases placed on Probation Statewide during the 5-year period was 8.2%; actual number decrease was 21,085. Terms of probation vary from 6 months to 10 years. Probationers are charged $60 monthly for the duration of probation. Based on a one day snapshot in the jail (6-28-18), 10% of the population (26 inmates) were in for technical violation of probation without new charges. May require more than one slide Source: Texas Department of Criminal Justice, Rockwall County CSCD FY2018-2021 Strategic Plan. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Community Supervision and Corrections Department Trends Rockwall County and Statewide Felony and Misdemeanor Revocation Rates Source: Texas Department of Criminal Justice, Rockwall County CSCD FY2018-2021 Strategic Plan. May require more than one slide Rockwall County's Felony Revocation rate was slightly higher than the Texas average, while the Misdemeanor Revocation Rate was lower than the Texas average. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Community Supervision and Corrections Department Trends Rockwall County and Statewide CSCD Revocation for Technical Violations May require more than one slide Source: Texas Department of Criminal Justice, Rockwall County CSCD FY2018-2021 Strategic Plan. Rockwall County's Felony Revocation rate for Technical Violations matched the Texas average, while the Rockwall County Misdemeanor Revocation Rate for technical violations was higher than the Texas average. The FY2018-2021 Strategic Plan noted that Rockwall CSCD's revocation rates have risen significantly due to improper reporting of case closures. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Community Supervision and Corrections Department Trends Rockwall County and Statewide CSCD Program Success Rates May require more than one slide Source: Texas Department of Criminal Justice, Rockwall County CSCD FY2018-2021 Strategic Plan. Rockwall County has a higher success rate than the state of Texas for COM and VCT. COM-Contracted Outpatient Mental Health Programs COP-Contracted Outpatient Alcohol and Drug Programs SAT-Substance Abuse Treatment (Evaluations) VCT-Veterans Court Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Jail Trends Average Daily Jail Population The total percentage increase in Average Daily Population (ADP) during the 12-year period was 18.6%; actual number increase was 39. Average Daily Population peaked at a monthly average of 249 (Jan to June) in 2018. Between 2008 and 2016 the average daily jail population remained constant at 170 to 190 inmates. May require more than one slide Source: Rockwall County, Texas Sheriff’s Office. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Jail Trends Average Daily Population Housed in Out of County Jails May require more than one slide NOTE: October and November high due to closure of one 48 bed housing unit at Rockwall County Jail. Source: Rockwall County, Texas Sheriff’s Office. The eight month average daily population for inmates housed out of county is 37.5. If October and November are dropped out (due to high number placed during renovation of 48 bed housing unit) the average daily population housed out of county is 31 inmates. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Jail Trends Total Jail Admissions May require more than one slide The total percentage decrease in Admissions during the 12-year period was 7%; actual number decrease was 27. Admissions peaked at a monthly average of 386 in 2007. May require more than one slide Source: Rockwall County, Texas Sheriff’s Office. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Jail Trends Total Jail Admissions - Male The total percentage decrease in Admissions during the 7-year period was 11%; actual number decrease was 32. Male Admissions peaked at a monthly average of 292 in 2012. May require more than one slide Source: Rockwall County, Texas Sheriff’s Office. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Jail Trends Total Jail Admissions - Female The total percentage increase in Admissions during the 7-year period was 12.5%; actual number increase was 11. Female Admissions peaked at a monthly average of 99 in 2018. May require more than one slide Source: Rockwall County, Texas Sheriff’s Office. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Jail Trends Average Length of Stay May require more than one slide The total percentage increase in Average Length of Stay (ALOS) during the 12-year period was 23.5%; actual number increase was 4-days. ALOS was very stable for the 10-year period from 2007 to 2016 averaging 17 days. ALOS has been increasing for the past 2-years, peaking at a monthly average of 21-days through June of 2018. May require more than one slide Source: Rockwall County, Texas Sheriff’s Office. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Jail Population Profile Jail Population Profile - Sex, Race and Length of Stay Approximately 77% of the population was Male. Approximately 77% of the population was White; only one detainee was listed as Hispanic. Detainees with lengths of stay of 100 or more days represented 24.4% of the population; 12 of the 61 had been detained over 200 days. Based on a July 31, 2018 snapshot of the jail population, only 52 of 235 detainees (22%) were Rockwall County residents, with 180 (77%) non- Rockwall County residents and 3 (1%) listed as homeless. Based on the same snapshot, the percentage breakdown for employment for the 235 detainees was: Employed - 48.9%; Unemployed - 46.4%; On August 1, 2018, 104 of 231 detainees (45%) had been previously incarcerated. Based on a February 15, 2017 snapshot of the jail population: 15% of the population in jail were receiving psychotropic medications. Inmates declared incompetent to stand trial (46B) had an average wait time of 7 months for a secure bed. May require more than one slide Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Jail Population Profile Jail Population - Offense Profile 34% (83) of the inmates were detained on drug possession-related charges. All Other Offenses includes all other charges with 3 or less inmates. Based on June 1, 2018 jail profile, 73.3% of the population was detained in a pretrial status, with 47% of inmates in a felony pretrial status. May require more than one slide Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Jail Population Profile Jail Population - Bond Profile A total of 43.4% of the jail population had a bond. The range of $25,000 to $49,999 was the most frequent bond amount at 10.7%. Slightly more than 15% of the jail population had a bond set in excess of $50,000. May require more than one slide Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Jail Budget Jail Budget May require more than one slide The 2017 expenditure for the jail was roughly $6.6 million, which results in a $78 per diem cost. The amount spent on housing inmates in out of county jail facilities was $512,225 in 2017. This high cost was due, in part, to the closure of a 48 bed pod in the Rockwall County Jail for repair and renovation. May require more than one slide Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Jail Budget Out of County Jail Costs May require more than one slide The 2019 budget for the jail is $7.5 million, an increase of 14% over 2017. The budgeted amount for housing inmates in out of county facilities is $300,000. Based on inmate counts to date (average 37.5 inmates a day held out of county) total expenditures, excluding medical and transport costs, will reach $479,065. May require more than one slide Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Jail Budget Transportation Costs-Housing Inmates in Out of County Jails May require more than one slide In 2017, the Sheriff's Office spent roughly $25,000 transporting inmates to Out-of-County jail facilities. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Comparative Data Detention Center Comparison Rockwall County's Detention Center capacity is 47% lower than the Group Average of 457. Rockwall County's Incarceration Rate is similar to the Group Average; and lower than 9 of the 17 comparison counties. Rockwall County's Incarceration Rate is 32.6% higher than the statewide average of 2.21. May require more than one slide Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Jail Population Forecast

Jail Population Forecast Inmate Population Forecast Base ADP for Forecasts #1, #2, #3, #7, and #8 is 2018 average of 249. Base ADP for Forecasts #4, #5, and #6 is 2017 average of 230. High Growth Forecast Models: These models use 2007 to 2018 growth patterns, high incarceration rate (2018), and high 2018 average daily population of 249 inmates as the base. Moderate Growth Forecast Models: These models use 2008 to 2016 moderate growth patterns, lower incarceration rate (2016),  and lower 2016 average daily population of 193 inmates as base for forecast. The State of Texas average incarceration rate (Model 7) also shows a more moderate growth. System Change Forecast Models: These models use the higher growth trends of 2007 to 2018 and high current 249 ADP as the base for forecasting, but assume 10% or 25% reduction in average daily population in the jail due to implementation of criminal justice system changes and alternatives to incarceration. Average of High Growth Models 2035 – 390 capacity. Average of Moderate Growth Models 2035 – 330 capacity. Average of System Change Forecast Models 2035- 305 capacity. May require more than one slide Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Jail Population Forecast Inmate Population Forecast May require more than one slide Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Bedspace Allocation Inmate Housing Bed Space Allocation May require more than one slide Based on the System Change Forecast models and housing units of 48 (or 24) capacity, the 2035 bed space allocation by custody classification totals 312 capacity. Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Summary of System Assessment

Summary of System Assessment Rockwall County population grew by 206% between 1990 and 2010. Projected County population growth over the next 25 years is 75%, or roughly one third of the rate it grew in the previous 20 years. Most of the measures that would typically impact on jail population (crime, arrest, and court filings) have decreased over the past ten years. The vast majority (over 50%) of arrests and court filings are for misdemeanor offenses, which includes many drug abuse/narcotic violations, drunkenness, DUI and liquor law offenses, driving without valid or suspended license, and other relatively minor offenses such as disorderly conduct, minor vandalism, traffic offenses, and minor property offenses. In 2017 24% of all new County Court of Law case filings were for possession of marijuana, 21% were for DWLS/DWLI, and 11% were for first offense DWI. In the District Court 34% of case filings were for drug possession, and of the motions to revoke in 2017 in the District Court 43% were for drug possession. Probation supervision caseloads for felony offenders increased in Rockwall County in the past four years, but it has decreased for misdemeanor offenders. Terms of probation can vary from 6 months to 10 years. Probationers pay $60 monthly during the period of probation. In 2017 of the 13% of misdemeanor probations that were revoked, 67% were for technical violations (no new charges). There are very few alternatives to incarceration in Rockwall County. There are no formal pre-charging or pre-trial diversion programs, and the court supervised treatment program currently in use (multi-county Veteran’s Court) occurs at the “back end” (post- adjudication) rather than at the “front end” (pre-adjudication). It also has very limited capacity, averaging 7 to 12 participants. The average daily jail population was very steady at 170 to 190 inmates between 2008 and 2016. Between January 2017 and June of 2018 the average daily jail population grew to 250 inmates. Due to the increase in population the average daily count of inmates held in other counties has averaged 31 inmates over the past year. The most recent growth in daily jail population is driven by both increased admissions and longer lengths of stay, going from 17 days in 2016 to 21 days by mid 2018. The jail population profile shows that 77% of the population is male; 77% of the population is white; 73% are in pretrial status; 43% had a bond set (15% with bond set in excess of $50,000), with one fourth having an average length of stay in excess of 100 days; one third (34%) are detained for drug possession and 6% are detained for DWI; 77% of the jail population are non-Rockwall County residents; 45% have been previously detained; and 49% are employed at the time of admission to the jail. May require more than one slide Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Summary of System Assessment The criminal justice system is driven by drug and alcohol addiction; low level property offenses to support addiction; marginalized populations (loitering, no ID, homeless, mental health, driving with suspended/invalid license); lack of affordable and accessible community based treatment and addiction programs; and high fines, court costs, and bond amounts that result in low level offenders being held for long periods of time in jail due to inability to pay. Nationally, diversion programs are being implemented at all stages of the criminal justice process to reduce populations in custody and improve public safety by connecting defendants to treatment and other programs to reduce criminal activity, and to divert low level offenders from long stays in the jail. Future jail capacity forecasts show high, moderate and low growth rate scenarios. Fewer jail beds will be required if criminal justice system changes are developed and supported, and alternative community based treatment and supervision programs targeting addiction are developed. May require more than one slide Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018

Conclusion and Next Steps

Conclusion and Next Steps The system assessment provided insight into the factors driving the criminal justice system in Rockwall County, with a particular focus on the factors that impact on the jail population. Based on the system assessment several jail forecast models were developed. These forecasts were categorized into three scenarios for future jail capacity—high, medium and low growth scenarios. The high growth scenario assumes no change in current practice and operation within the criminal justice system and calls for 400 beds by 2035. A lower growth scenario calling for 300 beds by 2035 assumes changes in the criminal justice system, which could result in a lower future jail capacity requirement. Based on the jail population profile in Rockwall County and national efforts to reduce jail populations, the consulting team believes that with a concentrated effort the County, along with criminal justice stakeholders, can adopt changes to the criminal justice system to reduce admissions and length of stay in the jail for low level offenders. While the County Commission accepted that action could be taken to reduce future jail population, they have selected the high growth rate scenario, which calls for 400 beds by 2035. Since the County is not sure of system reform impacts and when they might occur, they are moving forward with the capacity requirements and a plan for the future based on current practices, resulting in a need for 400 beds. This is supported by three of the nine jail forecast models showing jail capacity forecasts of 400 (or higher) by 2035 if practices do not change and alternatives to incarceration are not implemented or are not as effective as anticipated. The County also accepts that the West Wing of the jail, built in 1997 with a capacity of 48 beds can be used in the future and therefore it offsets the total number of new beds required. If system changes are adopted (such as alternatives to court fines and fees, reduced bonds, creation of pre-trail diversion and alternative programs, implementation of work release, enhanced community supervision, cite and release options for low level drug possession, etc.) the County can monitor the impact on the jail population. An alternate scenario for full build out would allow for one housing unit to be constructed only if jail population management efforts do not result in reduced jail population. The jail site should be master planned for full build out, which would allow construction to move forward of the full 400 beds if no changes are made to the current criminal justice system in Rockwall County. Regardless of the final capacity adopted for initial construction, it is strongly recommended that the Commissioners and justice system stakeholders form a Jail Population Management Task Force and move forward with alternatives to incarceration, as the capital costs of this decision are minor over the life-cycle of the building compared to operating at full capacity. Moreover, adoption of a data driven, jail population management strategy will reduce the likelihood that capacity built for future need (2035) is filled in a much shorter time frame. May require more than one slide Rockwall County, Texas Criminal Justice System Assessment and Forecast September 2018