Mid-1970s to mid- 80s, U.S. s incarceration rate doubled. Mid- 80s to mid- 90s, it doubled again. In absolute terms, prison/jail population from 1970

Similar documents
The Cost of Imprisonment

Community-based sanctions

Evidence-Based Sentencing to Reduce Recidivism

Courts and Jails. Evidence-Based Judicial Decision Making

Evidence-Based Policy Options To Reduce Prison Construction, Criminal Justice Costs, and Crime Rates

Evidence-Based Sentencing to Improve Public Safety and Reduce Recidivism. A Model Curriculum for Judges

HEALTHIER LIVES, STRONGER FAMILIES, SAFER COMMUNITIES:

NORTHAMPTON COUNTY DRUG COURT. An Overview

Eighth Judicial District Court. Specialty Courts. Elizabeth Gonzalez. Chief Judge. DeNeese Parker. Specialty Court Administrator

Prison Population Reduction Strategies Through the Use of Offender Assessment: A Path Toward Enhanced Public Safety


Nebraska LB605: This bill is designed to reduce prison overcrowding and allows for alternatives to incarceration like CAM.

Sequential Intercept Model and Problem Solving/Specialty Courts: The Intersection with Brain Injury

MINNESOTA DWI COURTS: A SUMMARY OF EVALUATION FINDINGS IN NINE DWI COURT PROGRAMS

Lessons from the States:

in Indiana Detailed Analysis

Jennifer Valencia Director, Utah Sentencing Commission Utah Sentencing Guidelines Pre v Post JRI Utah Fall Substance Abuse Conference September 21,

Addressing a National Crisis: Too Many Individuals with Mental Illnesses in our Jails

Assessment of the Safe Streets Treatment Options Program (SSTOP)

Policy and interventions for adults with serious mental illness and criminal justice involvement

DRUG POLICY TASK FORCE

Dauphin County MH/ID Mental Health and Forensic Initiatives PRESENTATION TO RCPA SEPTEMBER 29, 2016

A Dose of Evaluation:

Eric L. Sevigny, University of South Carolina Harold A. Pollack, University of Chicago Peter Reuter, University of Maryland

JUSTICE REINVESTMENT: FOUNDATIONAL REQUIREMENTS FOR EFFECTIVE COMMUNITY-CENTERED OFFENDER REHABILITATION. Hon. Frank L. Racek

The New Face of Monroe County Community Supervision

Maximizing the Impact of Interventions for Youth: The Importance of Risk/Needs Assessment

The Promise of DWI Courts November 14, 2013 Judge J. Michael Kavanaugh, (Ret.) Senior Director NCDC Judge Kent Lawrence, (Ret.)

Addressing a National Crisis Too Many People with Mental Illnesses in our Jails

JUDGE INGRID GUSTAFSON

The Right Prescription for the Mentally Ill in the Texas Corrections System

Implications of contemporary research findings on future policy & practice

Grant Duwe, Ph.D. Director, Research and Evaluation Minnesota Department of Corrections

Findings from the NIJ Tribal Wellness Court Study: 68 Key Component #8

Problem-Solving Courts : A Brief History. The earliest problem-solving court was a Drug Court started in Miami-Dade County, FL in 1989

ORGANIZATION OF AMERICAN STATES

Evaluation of the First Judicial District Court Adult Drug Court: Quasi-Experimental Outcome Study Using Historical Information

MCJRP 2016 Evolving Evidence Based Practice. LOCAL PUBLIC SAFETY COORDINATING COUNCIL May 3, 2016

Criminal Justice in Arizona

Presentation Outline. Alaska Criminal Justice System Assessment 8/2/2015. System assessment. Prison growth and costs. Next steps

Nature of Risk and/or Needs Assessment

Prevention Action Alliance statement on Issue One

THE 21ST CENTURY CURES ACT: TACKLING MENTAL HEALTH FROM THE INSIDE OUT

California's incarceration rate increased 52 percent in the last 20 years.

Smart on Crime, Smart on Drugs

Public Safety, Office of Traffic Safety Grant to partially fund a Sober 24 program in Carson City from October 1, 2017 to September 30, 2018.

Advisory Commission on the Administration of Justice. Justice Reinvestment Presentation #3 November 8, 2018

SISSETON-WAHPETON OYATE TREATMENT COURT BJ Jones Chief Judge and Treatment Court Judge. Who are the Oyate?

The 5 Obstacles to Alcohol Monitoring:

A Public Health Approach to Illicit Drug Use in Travis County Reducing Arrests & the Costly Consequences of Harmful Drug Use

Harnessing the Power of Evidence:

Background/Analyses TABLE #1

Middlesex Sheriff s Office NCSL Atlantic States Fiscal Leaders Meeting Presentation

Study of Recidivism, Race, Gender, and Length of Stay

West Virginia Department of Military Affairs and Public Safety

Peter Weir, Executive Director of the Department of Public Safety, Chair of the Commission on Criminal and Juvenile Justice

Hennepin County Drug Court & Change the Outcome

Oriana House, Inc. Substance Abuse Treatment. Community Corrections. Reentry Services. Drug & Alcohol Testing. Committed to providing programming

Behavioral Health Diversion Strategies

Assessing Risk for Persons with Behavioral Health Needs Involved in the Criminal Justice System

FAQ: Alcohol and Drug Treatments

Medication Assisted Treatment in the Justice System. NCSL Law, Criminal Justice and Public Safety Committee Breakfast

MORE TREATMENT, BETTER TREATMENT AND THE RIGHT TREATMENT

Second Judicial District Court Specialty Courts

West Virginia Department of Military Affairs and Public Safety

FOCUS. Views from the National Council on Crime and Delinquency. Attitudes of US Voters toward Nonserious Offenders and Alternatives to Incarceration

WHAT WORKS WITH JUSTICE INVOLVED PEOPLE

Polk County Problem Solving Courts

Berks County Treatment Courts

Agenda. **Discussion draft not for distribution** Sentencing Subgroup September 9 th, 2015

Douglas County s Mental Health Diversion Program

Responsivity in the Risk /Need Framework February 10, 2011

CHAPTER 1 An Evidence-Based Approach to Corrections

Corrections, Public Safety and Policing

Research Says Best Practices in Assessment, Management and Treatment of Impaired Drivers. NADCP July 28, 2015

Alternatives to Incarceration and Pretrial Detention. NYSAC Legislative Conference January 2019

2016 Annual Meeting Conference

SEVENTH JUDICIAL CIRCUIT DRUG COURT PARTICIPANT HANDBOOK. Calhoun and Cleburne Counties

The economic case for and against prison

DRUG COURT EXPANSION THROUGH GOVERNMENT EFFICIENCY AND REFORM (GEAR)

OVERVIEW OF STATE OPIOID POLICY AND LEGISLATION AMBER WIDGERY & ALISON LAWRENCE JUNE 2018

Risk-Need-Responsivity: Managing Risk & Mental Health For Juvenile Justice-Involved Youth

Overcoming Perceived Pitfalls of DWI Courts

Juvenile Justice Vision 20/20 Fall Conference November 13, 2014 Grand Valley State University

Judicially Managed Accountability and Recovery Court (JMARC) as a Community Collaborative. Same People. Different Outcomes.

Who is a Correctional Psychologist? Some authors make a distinction between correctional psychologist and a psychologist who works in a correctional f

CORRECTIONS IN THE COMMUNITY Sixth Edition

EXECUTIVE SUMMARY. New Mexico Statistical Analysis Center April Prepared by: Kristine Denman, Director, NMSAC

3726 E. Hampton St., Tucson, AZ Phone (520) Fax (520)

Allen County Community Corrections. Home Detention-Day Reporting Program. Report for Calendar Years

2016 MATCP Conference. Research Says Best Practices in Assessment, Management, and Treatment of Impaired Drivers. Mark Stodola Probation Fellow

Windsor County DUI Treatment Docket Preliminary Outcome Evaluation. Final Report. September 2017 (Revised December 2017)

Final Report*: Minimal Performance Indicators Summary Report

TUCSON CITY DOMESTIC VIOLENCE COURT

Managing Correctional Officers

PROMISING SHORT TERM INTERVENTIONS:

Florida Adult Felony Drug Courts Evaluation Report

LUCAS COUNTY TASC, INC. OUTCOME ANALYSIS

Unit 2: The Risk and Needs Principles

THE ESTIMATED ECONOMIC IMPACTS AND BENEFITS OF ACCOUNTABILITY COURT PROGRAMS IN GEORGIA EVIDENCE FROM A SURVEY OF PROGRAM PARTICIPANTS

Transcription:

Mid-1970s to mid- 80s, U.S. s incarceration rate doubled. Mid- 80s to mid- 90s, it doubled again. In absolute terms, prison/jail population from 1970 to present increased sevenfold. U.S. has less than 5 percent of the world s population and 25 percent of the world s incarcerated.

5

Montana is safer today than in 2000. Overall crime has decreased 18 % from 2000 to 2014. Total arrests have increased 12% from FY 2009 to FY2015. Property crime has decreased 31%, while violent crime increased 4%. Property crime is at its lowest rate in more than 25 years. Violent crime has recently increased but remains under the levels of the early- to mid- 2000s. Between FY2009 and FY2015, arrests increased by 4,000. During the same period, crime decreased by 1,000 reported incidents. Council of State Governments Justice Center

6,000 5,569 Felony and Misdemeanor Arrests for Drug Offenses, FY2009 FY2015 5,000 4,000 3,445 1,419 1,717 1,834 Felony drug arrests increased 100% (increased from 3% to 6% of all arrests) 1,245 3,000 911 1,045 1,046 2,000 1,000 2,534 2,483 2,398 2,929 3,137 3,503 3,735 Misdemeanor drug arrests increased 47% (increased from 9% to 12% of all arrests) - 2009 2010 2011 2012 2013 2014 2015 Source: Montana Department of Justice Arrest Data, FY2009 FY2015 Council of State Governments Justice Center

Arrests for violations of probation and revocations up 106% (FY2009-2015) Of every individual arrested in FY 2012 61% were re-arrested within 3 years

Up 67% between 2011 and 2013 How does this compare to our neighbors?

Montana s jail incarceration rate increased significantly in recent years, and is the highest of its neighbors. Jail length of stay is above average. 2013 Jail Incarceration Rate 360 220 150 280 350 320 290 260 240 Percent Change in Jail Incarceration Rate, 2011-2013 MT CO ID ND SD MN WY UT NE Jail Average Length of Stay, 2013 MT CO ID ND SD MN WY UT NE 27 67% 21 22 West / Midwest Jail LOS Average: 18 20 18 12 12 12 13 7% 2% 5% 6% 4% 7% -1% -11% Source: US. Department of Justice, Census of Jails: Population Changes, 1999-2013

Short period in jail pretrial - as few as 2 days - correlates with negative outcomes for offender and for public safety when compared to release within 24 hours. 1

4x More Likely to Receive Incarceration Sentence. 1 Go to Jail

56% MORE LIKELY TO BE ARRESTED BEFORE TRIAL 1 51% MORE LIKELY TO RECIDIVATE AFTER SENTENCE COMPLETION 1

60 Likelihood of new criminal arrest compared to defendant detained 1 day 50 40 30 20 10 0 2-3 days 4-7 days 8-14 days 15-30 days Series 2

60 Likelihood of 2-year recidivism as compared to defendants detained 1 day in percentage 50 40 30 20 10 0 2-4 days 4-7 days 8-14 days 15-30 days

Among formerly incarcerated men, 2/3 of whom were employed before being incarcerated, hourly wages decreased by 11%, annual employment by nine weeks and annual earnings by 40% as a result of time spent in jail or prison. 1

Program Intensive Supervision (no treatment) Change in Recidivism 0.0% Electronic Monitoring 0.0% Adult Boot Camps 0.0% Juvenile Boot Camps 0.0% Wilderness Challenge 0.0% Intensive Supervision (Juveniles) 0.0% Scared Straight +6.1% 15

$1,880/year Probation $ 21,938/year Pre-Release Center $37,303/year Prison $1,870/year - Parole Council of State Governments Justice Center Montana Dept of Corrections 2015 Biennial Report

Three of North America s leading criminologists found many of our current sentencing and corrections practices are actually harming the very offenders they were designed to help. (Edward J. Latessa, Francis T. Cullen, and Paul Gendreau, Beyond Correctional Quackery: Professionalism and the Possibility of Effective Treatment, 66 FED. PROBATION, Sept. 2002, at 43)

Reduce recidivism through evidencebased practices and programs and offender risk and need assessments Promote community-based alternatives to incarceration of appropriate offenders

1. Punishment 2. Public Safety reduce risk of recidivism through rehab services reduce risk of recidivism through effective use of specific deterrence no evidence incarceration is a deterrence reduce risk of recidivism through incapacitation or lesser behavioral controls and, by determining crime by others though general deterrence (sending message, etc.) 3. Restitution/restoration of victim, community

3 Basic Principles of EBS: 1. Risk Principle - Who to target? 2. Needs principle - What to address? 3. Treatment principle What works?

If you put low risk people with high risk people, they become higher risk If you over treat or over intervene with low risk people, they get worse Traditional sanctions alone do not deter recidivism among medium and high risk offenders (i.e. prison doesn t work very well)

Low Risk Moderate Risk High Risk Low Risk -53% Moderate Risk -40% High Risk 7%

Two types of risk factors: Static: characteristics of an offender that are associated with the likelihood of recidivism, but are constant or historical and cannot be changed through intervention--age, gender, prior arrests, prior convictions, age at first arrest, history of antisocial behavior or alcohol/substance abuse. Dynamic: characteristics of an offender that are associated with the likelihood of recidivism and that are subject to change through appropriate intervention (aka criminogenic needs ). In order to reduce an individual s likelihood of committing a crime, it is important to focus on the individual s dynamic risk factors or criminogenic needs.

1. Anti-social attitudes 2. Anti-social friends and peers 3. Anti-social personality 4. Family and/or marital factors 5. Substance abuse 6. Lack of education 7. Poor Employment history 8. Lack of Pro-Social Leisure Activities The top 3 risk factors are more important than the lower criminogenic needs in predicting recidivism among medium and high risk offenders.

RNA tools can identify the specific dynamic risk factors that do predict and influence whether the particular offender will reoffend. They identify the appropriate targets for interventions which, if effective, will reduce the probability of recidivism.

The superiority of actuarial assessment over unstructured clinical assessment in predicting recidivism risk is well-established. (See, e.g., reviewing the research: P. Harris, What Community Supervision Officers Need to Know About Actuarial Assessment and Clinical Judgment, 70 Fed. Prob. J.(Sept. 2006))

100% 80% 60% 40% 20% Low Low Moderate Moderate High 0% Clinical Actuarial 28

RNA information is designed for use in effectively managing and reducing the risk of recidivism among offenders under supervision, not to establish the appropriate punishment or penalty for a crime.

Recidivism Rate 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% 0-19 Minutes 20-39 Minutes Over 40 Minutes

Avert Spending associated with growth in prison and jail populations Make Pre-trial decision-making more informed Improve access to and the quality of programs funded by taxpayers to reduce recidivism Reinvest in strategies to hold offenders accountable and increase public safety Improve services and resources for victims of crime Modernize the parole process Ensure sustainability of data-driven policies and evidence based practices.

Approx. 80% of offenders in U.S. meet broad definition of substance involvement. 2

Incarceration has demonstrated incapacitation effects - inmates are prevented from committing criminal acts while incarcerated. 2 Average effect of incarceration on crime following release from prison is approximately ZERO. 2

70% to 85% of drug-abusing inmates return to drug use within 1 year of release. 2 95% return to drug use within 3 years. 2

Specialized court docket targeting criminal cases involving people who have drug dependency/addiction problem.

To achieve a reduction in recidivism and substance abuse and successfully habilitate offenders with a high risk to reoffend and a high need for treatment

Intensive alcohol and drug abuse treatment Mandatory, random, frequent drug testing Appropriate and quick sanctions for noncompliant behavior Incentives and recognition for hard work Continuous judicial oversight Employment and other services needed to enter long-term recovery and become productive members of society.

FACT: Nationwide, 75% of Drug Court graduates remain arrest-free at least two years after leaving the program. 3 FACT: Reductions in crime last at least 3 years and can endure for over 14 years. 3

FACT: The most rigorous and conservative scientific meta-analyses have all concluded that Drug Courts significantly reduce crime as much as 45 percent more than other sentencing options. 3

FACT: Nationwide, for every $1.00 invested taxpayers save as much as $3.36 in avoided criminal justice costs. 3 FACT: When considering other cost offsets like savings from reduced victimization and healthcare service utilization, benefits range up to $27 for every $1 invested. 3 FACT: Cost savings in reduced prison costs, revolving-door arrests and trials, and victimization benefits range from $3,000 to $13,000 per client. 3

FACT: Without drug court supervision 25% fail to enroll and 70% drop out of treatment prematurely. 3 FACT: Drug Courts are six times more likely to keep offenders in treatment long enough for them to get better. 3

1996 First Drug Court in Missoula Currently 30 drug courts in MT including 5 tribal drug courts. 4

The FY2016 fiscal expenditure for drug courts was: $1,234,136 $4,463 per admission The FY2017 budget for drug courts is: $1,250,781 general fund

Series 1 Elkhorn Nexus WATcH (East) WATcH (West) Passages/ADT Conn. Corr $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000

1,523 participants (1,420 adults and 103 juveniles) entered Montana drug courts from 11/1/2012 10/31/2016. As of October 31, 2016, 485 participants were active in a drug court (445 in adult drug court, 47 in family drug court, and 16 in juvenile drug court). 4 114 veterans have been admitted to Montana drug courts in past 2 years. 4

A total of 509 participants graduated from drug court during the 48-month reporting period - an overall graduation rate of 57.5%.

Ave. cost avoidance when only investment costs are taken into consideration was $2,438 per participant or $97,519 for 40 participants. 4 When outcome costs are considered, in MT we avoid an estimated $11,070 per participant and $442,789 for every 40 treatment court participants. 4

When investment, outcome and societalimpact (victimization) costs are combined, cost avoidance is estimated to be $81,879 per participant and $3,275,186 for 40 participants.

For adult participants admitted in 2012, 73 of 286 (25.5%) reoffended with conviction during 36 month period after induction. 4

Recidivism rates were much lower for drug court participants who graduated compared to those who terminated early: a 2.8% re-offense rate for felonies and a 8.7% re-offense rate for misdemeanors. 4

Graduates reported a 54% increase in full-time employment from admission to graduation. 4 90.3% decrease in unemployment 35% decrease in participants w/o high school diploma or GED at admission. 4 39.4% increase in those without a driver s license. 4

From May 2008 Oct. 2016, 116 babies were born while a parent was in drug court. 108 of them were born drug free (93.1%). 4 23% increase in those paying child support. 4

Drug Courts Save Taxpayer Money Drug Courts Save Lives

If we conducted research to determine the most effective way to assure public safety and court appearance, what would the research show? DETAIN EVERYONE What we really want to do is to detain the right people.

Many high-level, violent individuals who pose significant risk are released Many low level/non-violent individuals are detained.

Implementing Pilot Risk Assessment Project in 5 Montana Counties: Lewis & Clark, Butte-Silver Bow, Lake, Missoula and Yellowstone

Implement the Public Safety Assessment validated Risk measurement tool. Risk of Failing to Appear Risk of committing new crime pretrial Risk of committing violent crime pretrial

Public Safety Assessment developed by LJAF Used 1.5 million criminal cases from which derived 750,000 for analysis Analyzed risk factors Tested 900 different correlations of risk

To Assure public safety and court appearance: Detain Highest risk defendants Release Moderate risk defendants with interventions and services targeted to manage risk Release Low risk defendants with minimal to no conditions

Implemented in a number of states Kentucky, Ohio, Arizona, Utah... Promising results Decreased pretrial crime Fewer new arrests Fewer missed court appearances Decreased overall crime

Life is measured by the quality of one s relationships with family and friends Montana is a wonderful state we have a unique Constitution that provides us rights to recreate and enjoy the great outdoors of our state Current system/practices not sustainable DOC s budget is $200 million/year!

I am evidently attracted to occupations requiring goofy uniforms People and their problems matter I have never met a person whose goal was to become addicted to drugs or alcohol We cannot punish addiction out of people

We should do everything we can to keep from bringing people into the criminal justice system as once they are there, we know their chance of remaining increases and they generally do not become safer, more productive community members. People respond better to incentives than they do sanctions We need better access to quality treatment to address substance use disorders We need attorneys and judges who will champion evidence based practices in all areas of law and not be satisfied with always handling cases as we have in the past people with real passion for learning and improving their knowledge and skills and the system they work in

1. Subramanian, R. et al., Incarceration s Front Door: The Misuse of Jails in America, Vera Institute of Justice, Center on Sentencing and Corrections, February 2015. 2. Marlowe, D., Evidence-Based Sentencing for Drug Offenders: An Analysis of Prognostic Risks and Criminogenic Needs, Chapman Journal of Criminal Justice, Vol. 1:1 (Spring 2009), pp.167-201. 3. Drug Courts Work, National Association of Drug Court Professionals, accessed 10/2/2015 at www.nadcp.org/learn/factsand-figures. 4. Montana Drug Courts: An Updated Snapshot of Success and Hope, January 2017, Montana Judicial Branch, Montana Supreme Court, Office of Court Administration. http://courts.mt.gov/portals/113/cao/ct_services/treatment/docs/201 7rpt.pdf