1. Department of Corrections Virginia Criminal Sentencing Commission “Prison Bound Offenders” Appropriations Act Item 387 D September 8, 2008

2. 2 2008 Appropriations Act Item 387D “The Dept of Corrections shall report on the potential costs and benefits of steps which would be required to divert up to 50% of prison-bound, nonviolent offenders who have scored no more than 38 points on the risk assessment instrument…..”

3. 3 Definition of Non-Violent Risk Offenders Nonviolent Risk Assessment applies to Fraud, Larceny and Drug Guidelines cases except for the following cases: Recommended for Probation/No Incarceration on Section B OR Sale, distribution or possession with intent, etc. of cocaine of a combined quantity of 28.35 grams (1 ounce) or more Any prior violent offenses (category I/II) Any current violent offenses (category I/II) Offenses that require a mandatory minimum sentence Note: Only 39% of non-violent guidelines cases met NV Risk Assessment criteria in FY2007 (VCSC 2007 Annual Report).

4. 4 How Many DOC Offenders Fit “387D” Definition? Sentencing Guidelines Cases in FY2007 27,118 total guidelines cases  18,880 (69.3%) were Non Violent Cases 7,332 (39% of 18,880) eligible for NV Risk Assessment Incarceration Bound Cases 12,325 of 18,880 guidelines cases were recommended for incarceration of 1 day or more DOC Prison Received Offenders in FY2007 4,938 NV Offenders Entered DOC  1,035 of the 4,938 scored below 38 points and were eligible for risk assessment and recommended for an alternative sanction Note: 1,035 DOC prison received offenders fit Item 387D

5. 5 Profile of 1,035 NV risk offenders Gender  Female40.3%  Male59.7% Current Offense  Drug Schedule I/II 67.2%  Fraud 17.9%  Larceny 11.4%  Drug Other 3.5% Prior History of Drug Abuse79.7% Prior Felony Conviction/Adj.62.0% Prior Adult Incarcerations 65.6%  1 - 2 Prior Adult Incarcerations 35.7%  3 - 4 Prior Adult Incarcerations 12.1%  5 or more Prior Adult Incarcerations 17.8%

6. 6 Ideas Under Consideration Intensify programs & services for DOC’s NV risk offenders (4,938) who need Substance Abuse treatment  Revise Detention & Diversion mission to target 1,035 and other “lower risk” offenders and enhance SA treatment services  Develop prison-based SA program to target “higher risk” NV risk offenders entering DOC – Therapeutic Incarceration  Place Day Reporting in high volume Districts and enhance Substance Abuse services  Ensure that SA treatment providers use EBP techniques  Support increased availability of substance abuse services

7. 7 Ideas Under Consideration Support Drug Treatment Court Programs which target ‘prison bound’ offenders and violators Consult on steps to increase compliance with sentencing recommendations with Judiciary Note: 58% of cases with recommendations for alternative sanctions were not followed (FY2007) Continue reviews to safely raise Incarceration Scores Consider developing Risk Assessments for other non- violent offenses

8. 8 Ideas Under Consideration Allow Judges to ‘deem’ offenders as nonviolent Follow up SJR 77 Subcommittee Recommendations Continue discussions with Stakeholders Frame public policy issues around reduction of victimization and recidivism at lowest criminal justice costs

9. 9 State of the Commonwealth FY 2007Substance Abuse Services Council Report FY 2007 Drug Screening, Assessment, and Treatment Report 2008JLARC Study on “Mitigating the Costs of Substance Abuse in Virginia” 2008 Report of the SJR 77 Joint Subcommittee (Pending) 2008Pre-Release and Return-To-Custody Facilities – Item 387E

10. 10 Residential Costs Jail / Prison Capital Cost Per Bed -$100,000 Jail / Prison Per Diem - $60 - $62 Treatment Services,e.g., Per Diem - $7 Private, Non Secure Capital Cost $100/$125 SF (Est) Private Treatment Per Diem - $70 - $107 Support Infrastructure – 19.2% Annual Increase – Consumer Price Index

11. 11 Non - Residential Costs Probation & Parole Officer - $60,000 (Salary/Fringe Benefits/ Non Personal Services) Community Supervision Per Diem - $4 Intensive Supervision Per Diem - $7 Day Reporting Programs - $10 plus DCE GPS (Passive/Active) Per Diem - $5 - $12 Voice Recognition (RoboCuff) Monthly - $6 Support Infrastructure – 19.2 % Annual Increase – Consumer Price Index

12. 12 Benefits Public safety is not jeopardized Incarceration reserved for most serious offenders Services and Sanctions are more targeted Public monies are used more effectively Communities are less disrupted