1. Criminal Justice Sentencing Reform Chief Justice William Ray Price, Jr.

2.   Since the 1980’s, in Missouri and across the nation, we attempted to incarcerate our way out of crime and illegal drug use.

3.   The problem is, it didn’t work.   We were tough on crime.   Three strikes and your out.   Throw away the key.   The war on drugs   But, we were not smart on crime.

4.   Let’s look at the numbers. United States

5. Our Criminal Sentencing Problem Total Correctional Population Total Pop. Behind Bars 19822,194,0001982612,000 20087,308,20020082,304,000

6. Cost of Increased Incarceration  State correctional spending increased fourfold: 1988$11.7 billion 2008$47.3 billion

7.   “What we are seeing today is a growing recognition that our approach to dealing with convicted criminals is simply too costly. Not only is the price too high, but the benefits are too low. The states spend an estimated $50 billion on corrections annually, and the growth of these outlays over the past 20 years has outpace nearly all other essential government services.” Joan Petersilia, Stanford Law School

8. Incarceration and Crime Rates

9. U.S. Crime Volume 1982-2008  Violent Offenses 19821,322,390 20081,382,012  Property Offenses 198211,652,000 20089,768,000  Drug Offenses 1982676,000 20071,841,200

10. The War on Drugs  Drug Arrests  1980580,900  20071,841,200  As Percentage of All Arrests  19805.5%  200613.14%  Prison Population  1982612,000  20082,304,000 ↓ 1,692,000 more people behind bars

11.   The key measurement of the failure of our incarceration strategy is the recidivism rate.   Too many people, keep coming back.

12. U.S. Recidivism Rates For all offenders (released 1994) :  Rearrest within 3 years: 67.5%  Reconviction within 3 years: 46.9% For drug offenders (released 1983 vs. released 1994) :  Rearrest rate increased 50.4%  66.7%  Reconviction rate increased 35.3%  47%

13.   Missouri Numbers

14. Missouri Correctional Population 19821994 2009 Total DOC Population27,37658,266 103,432 Incarcerated 5,95315,402 30,476 -- Violent2,9968,124 16,311 -- Nonviolent2,9577,278 14,148 From 1982 to 2009: 412% increase in incarcerated offenders 379% increase in nonviolent offenders

15. Missouri Costs Total DOC Budget  1982$55 million  1985$87 million  1994$219.9 million  2005$500.1 million  2010$665 million

16. Missouri Costs At a cost of $16,432 per prisoner, Missouri is spending $233 million per year to incarcerate nonviolent offenders.

17. Missouri Recidivism   Percent of Nonviolent Offenders Reincarcerated within:   2 years44.6%   3 years52.0%   5 years 58.5%

18. Increase in MO Drug Sentences New Felony Sentences Per Year  19859,467  200827,431  Drug Sentences  19851,409  20089,134  548% increase  Non-Drug Sentences  19858,058  200818,297  127% increase

19. Drug Users Fill Missouri’s Prisons Missouri New Prison Admissions (FY2004)  1,23913% Drug Convictions  2,03720% Probation for Drug Offense Revoked  4,04241% Other Crimes But Active ____Substance Abuse 74% of all new admissions are related to illegal drug use 74% of all new admissions are related to illegal drug use

20. Good News about Drug Courts Numerous studies show that:  Drug court participation results in lower recidivism rates  Drug courts result in substantial cost savings

21. Missouri Drug Courts Cost Substantially Less Than Incarceration Costs (per inmate per year) Incarceration$16,832 Drug Court $3,000 - 5,000

22. Drug Courts Provide Savings Over Probation Case Study: St. Louis City Adult Felony Drug Court  Initial cost = cost of probation + cost of treatment  In two years:$2,615 net savings  In four years:$7,707 net savings For every $1 spent  $6.32 of savings

23. MO Recidivism Comparison Recidivism Rates (rearrest within two years)  Prison41.6%  Drug Court Graduates10% (New JIS Tracking:18-month Graduates4.6% 18-month Terminations15.2%)

24.   A real life example of recidivism was the 35 year old St. Joseph man arrested for drunk driving June 16, 2010, just three hours after he was released from prison.

25. Missouri Drug Courts   128 treatment courts: 85 adult felony, 16 juvenile, 13 family,12 DWI, 1 veteran, 3 reintegration courts.   3059 participants   Nearly 10,000 graduates   492 drug free babies

26.   Adult Felony Drug Court   DWI Court   Family Drug Court   Veterans’ Court   Mental Health Court   Reintegration Court   All combine evidence based treatment with intense supervision

27.   “I believe we can take an approach that is both tough and smart…[T]here are thousands of nonviolent offenders in the system whose future we cannot ignore. Let’s focus more resources on rehabilitating those offenders so we can ultimately spend less money locking them up again.” Gov. Rick Perry, Texas

28. The Bottom line   The quality of justice is not measured by the length of sentence.   One size, one strategy, does not fit all offenders.   Breaking the cycle of addiction and crime requires scientific evidence based treatment and the development of job skills and intense supervision, not always prison walls.   Results matter. Cost matters. For a safer Missouri

29.   Another Interesting Problem

30. Disparity in MO Incarceration Incarceration Percentage = Prison Sentences as a % of All Dispositions Circuit Court Incarceration % (2009) Rank__ 18 th (Cooper, Pettis) 48.7% 1 18 th (Cooper, Pettis) 48.7% 1 5 th (Andrew, Buchanan) 45.8% 2 5 th (Andrew, Buchanan) 45.8% 2 13 th (Boone, Callaway) 43.1% 3 13 th (Boone, Callaway) 43.1% 3 --- Statewide Average = 25.6% --- 9 th (Chariton, Linn, 15.2% 43 9 th (Chariton, Linn, 15.2% 43 Sullivan) Sullivan) 28 th (Barton, Cedar, Dade, 15.0% 44 28 th (Barton, Cedar, Dade, 15.0% 44 Vernon) Vernon) 2 nd (Adair, Knox, Lewis) 10.8% 45 2 nd (Adair, Knox, Lewis) 10.8% 45

31. Disparity in MO Sentence Length Circuit CourtAvg. Prison Sentence (2009) Rank 22 nd (St. Louis City) 9.0 years 1 22 nd (St. Louis City) 9.0 years 1 16 th (Jackson) 7.7 years 2 16 th (Jackson) 7.7 years 2 14 th (Howard, Randolph) 7.3 years 3 14 th (Howard, Randolph) 7.3 years 3 --- Statewide Average = 6.6 years --- 39 th (Barry, Lawrence, Stone) 4.5 years 43 39 th (Barry, Lawrence, Stone) 4.5 years 43 37 th (Carter, Howell, Oregon, 4.5 years 44 37 th (Carter, Howell, Oregon, 4.5 years 44 Shannon) Shannon) 30 th (Benton, Dallas, Hickory, 4.5 years 45 30 th (Benton, Dallas, Hickory, 4.5 years 45 Polk, Webster) Polk, Webster)

32. High Incarceration % ≠ Lower Crime Rate Crime Rate = ratio of crimes per 100,000 population Circuit CountyIncarc. %Rank Crime Rate 18 th Cooper48.7%13038 Pettis4850 5 th Andrew45.8%21460 Buchanan5555 13 th Boone43.1%33855 Callaway3293 * * * 28 th Barton15.0%441997 Cedar2559 Dade1009 Vernon5020 2 nd Adair10.8%453321 Knox4281 Lewis1794

33. High Incarceration % ≠ Lower Crime Rate Mixed Urban/Rural Counties Crime Rate Crime Rate County (Population) Incarc. %200120052009 Jasper (117,708) 41 - 41.8%546861725400 Buchanan (83,219) 41.2 - 45.8%548957935555 Cape Girard. (71,763) 27.8 - 32.9%498442604420 Boone (151,013) 43.1 - 46.4%410036563854 Statewide Average Incarceration Percentage = 25.6%

34. High Incarceration % ≠ Lower Crime Rate Rural Counties Crime Rate Crime Rate County (Population) Incarc. %200120052009 Marion (27,934) 28.6 - 30.4%489053715542 Pettis (39,234) 48.7 - 50.7%515753184850 Butler (40,456) 27.8 - 29.9%318148774721 Callaway (41,158) 43.1 - 46.4%222432853292 Statewide Average Incarceration Percentage = 25.6%

35. High Incarceration % ≠ Lower Crime Rate Large Urban Areas Crime Rate Crime Rate County (Population) Incarc. % 2001 2005 2009 St. Louis City (350,298) 23 - 23.8% 15324 1374410629 Jackson (804.066) 20.9 - 22% 87107534 6160 St. Louis (928,117) 20.3 - 23.6% 37983432 3632 Statewide Average Incarceration Percentage = 25.6%

36. High Incarceration Rate ≠ Lower Crime Rate Small Rural Counties Crime Rate Crime Rate County (Population) Incarc. %200120052009 Douglas (13,377) 21.3 – 33.0%73424361846 Macon (13,645) 16.2 - 18.6%224619291922 Wayne (12,294) 18.2 - 18.5%270813581334 Statewide Average Incarceration Percentage = 25.6%

37. Missouri Population 1980-2010 19804,916,686 19905,117,073 (4.8% change) 20005,595,211 (9.3% change) 2009 (estimate) 5,987,580 (7.0% change)