 State leadership created the bipartisan, inter-branch, inter- governmental Missouri Working Group on Sentencing and Corrections.  The Working Group was charged with issuing recommendations for the 2012 legislative session.  The Working Group learned about best practices from other states, identified the drivers of Missouri’s prison population, audited current agency policy, and developed policy recommendations.  The group also solicited input and feedback from a task force of local officials that included victim advocates, prosecutors, sheriffs, public defenders, judges, police, and other county officials. Working Group on Sentencing and Corrections

Legislative Members Sen. Jack Goodman (co-chair) Sen. Jolie Justus Sen. Mike Parson Rep. Chris Kelly (co-chair) Rep. Gary Fuhr Rep. Penny Hubbard Working Group Members Judicial and Executive Branch Members Judge W. Ray Price Judge David Dolan Jason Lamb, MOPS Cat Kelly, Public Defender System Page Bellamy, AG’s Office Gail Vasterling, Governor’s Office DOC Director George Lombardi Parole Chairman Ellis McSwain

Missouri’s Prison Population July 31, , % % %

Missouri’s Supervision Caseload FY , Source: Missouri Department of Corrections

Missouri’s Spending on Corrections Up 39% since : 5.8% of General Fund Expenditures 2009: 7% of General Fund Expenditures 1 in 6.4 Full-Time State Employees Works in Corrections DOC reported budget of $660 Million in FY 2011

Source: Pew Center on the States, “Prison Count 2010” report Return on Investment Between 1999 and 2009, Missouri’s crime rate did not fall as much as other states, while it’s imprisonment rate increased. While the state’s recidivism rate has improved in recent years, nearly 4 in 10 inmates released from prison will return within two years.

Who Is Being Admitted To Prison? Nearly ¾ of admissions are revocations for violations of probation and parole supervision. More than 7,800 (43%) admissions are for technical violations of supervision. 83% of probationers revoked to prison are non-violent. 63% of all prison admissions are non- violent. Most revocations occur in the first year of supervision and the vast majority (90%) occur before the end of the second year.

Basis of Recommendations Based on goals and findings, the Working Group focused on strengthening community supervision and addressing revocations to prison. The Working Group based its recommendations on five key principles of Evidence-Based Practice: Target risk and need factors Frontload resources Administer swift, certain and proportional sanctions for violations Incorporate rewards and incentives Balance surveillance with treatment

Working Group Policy Response Earned discharge: Offers an incentive for compliance, targets high-risk offenders, and frontloads supervision resources. Administrative jail sanctions: Deters violations and addresses them, when they do happen, with swift, certain and proportional sanctions. Mandatory placement in 120-day program for first technical revocation: Concentrates prison space on most serious offenders.

Recommendation: Strengthen Supervision and Reduce Revocations to Prison Allow offenders to earn their way off supervision if they are following the rules: Probationers and parolees will receive 30 days off of their supervision term for every 30 days of compliance. Offers an incentive for good behavior, targets high-risk offenders, and frontloads supervision resources. Administer swift and certain sanctions to those who violate the rules: Probation and parole officers will now be able to send offenders to jail for violations of supervision. The first jail sanction will be 48 hours. Counties will be reimbursed $30/day for housing these offenders. Deters violations and more effectively punishes those who are most likely to commit new crimes.

Recommendation: Strengthen Supervision and Reduce Revocations to Prison (cont.) Cap revocation time at 120 days for probationers who commit technical violations of supervision on their first revocation to prison: Probationers revoked for a technical violation must be placed in one of the Department of Corrections’ 120-day shock incarceration or drug treatment programs. This requirement only applies to nonviolent offenders and excludes anyone who has committed a new crime or whose violations include absconding, weapons violations, or violations of domestic violence stay-away orders. Ensures that sanctions are proportional to the violation and prison space is used for violent, chronic, and career criminals.

Recommendation: Ongoing Oversight and Improvement Create an oversight group to monitor implementation of the reforms and evaluate outcomes: Establish a bipartisan, inter-branch, inter-governmental body to monitor progress, ensure deadlines are met, certify annual savings, and recommend reinvestment into evidence- based practices. Require agencies to collect data, measure performance and report results.

What is the Projected Impact on the Prison Population and DOC Budget? The Justice Reinvestment Act is estimated to reduce the prison population by 200 inmates and the supervision population by nearly 1,500 offenders. This package is estimated to save the state nearly $5 million by $4 million of those savings will be reinvested at the local level as part of the swift and certain jail sanctions program.