Criminal Justice Reforms

Transcription

1 Criminal Justice Reforms Linda Mills, JD Policy Catalysts, LLC

2 Our nation s challenge US: 5% percent of the world's population US prisons: 25% of the world's prisoners "Either we're the most evil people on earth, or we're doing something wrong." (US Senator Jim Webb)

3 U.S. Prison Growth Federal and state prisons held just under 1.6 million prisoners at the end of Pew Public Safety Performance Project 3

4 The Long View: 2066% Increase Since 1920

5 Florida Prison Growth: Prison Population on June 30, 1972 thru , , ,052 June 30, 2010: 102,

6 Growth in the Rate of U.S. Incarceration

7 Florida s rate of incarceration has quadrupled since INMATES PER 100,000 FLORIDA RESIDENTS through

8 U.S. Corrections Growth Pew Public Safety Performance Project Pew Public Safety Performance Project

9 Florida: Jail, Prison, Parole and Probation Growth Pew Public Safety Performance Project

10 US Growth in Spending Pew Public Safety Performance Project

11 Florida Growth in Corrections Spending Pew Public Safety Performance Project

12 More prisoners... More prisoners coming home Sentenced Prisoners Admitted and Released from Federal and State Prison, Prison Admissions Prison Releases 713,000 People Released in 2006 Urban Institute Urban Institute 12

13 Florida follows the national pattern Florida Prison Admissions & Releases, Prison Admissions Prison Releases 37, 391 released in Urban Institute, updated with DOC data

14 The Response from the Federal Government 14

15 Federal Initiatives Nineties: Anti-gang initiatives 2001 forward: Funding for state and local corrections to reduce recidivism & improve reentry outcomes Serious and Violent Offenders (SVORI) Transition from Prison to Community Initiative Ready4 Work 15

16 2004: Prisoner Reentry and the Second Chance 16

17 George W. Bush State of the Union This year, some 600,000 inmates will be released from prison back into society. We know from long experience that if they can't find work, or a home, or help, they are much more likely to commit crime and return to prison... America is the land of second chance, and when the gates of the prison open, the path ahead should lead to a better life. January 24,

18 June 23, 2004: The Second Chance Act is introduced in Congress As a symbolic political gesture, the Second Chance Act completely reverses recent practice. For the first time in decades, Congress is poised to pass a bill that aims to make the lives of prisoners and exprisoners easier, not more difficult. The Right Has a Jailhouse Conversion, New York Times Magazine, December 24, 2006

19 Bi-Partisan Support: Rob Portman (R-OH), Danny Davis (D-IL), Sam Brownback (R-KS), Joe Biden (D-DE), Carl Levin (D-MI), Rick Santorum (R-PA) 92 House sponsors; 34 Senate sponsors 224 Supporting Organizations: Second Chance Act NAACP, National Sheriffs Association, Family Research Council, Progressive National Baptist Convention, Goodwill Industries, Children's Defense Fund, Christian Coalition

20 Second Chance Act of 2007 Passed and Signed House: Vote of /13/2007 Senate: Unanimous consent 3/8/2008 President signed 4/9/

21 President Bush s Prisoner Reentry Initiative DOJ and DOL collaboration Built upon Ready4Work model Goal: Strengthen urban communities impacted by large numbers of returning prisoners through community-based, mentor-supported and employment focused programs DOJ grants -- State agencies for pre-release services and anti-recidivism efforts of faith-based and community organizations. 21

22 Bush Administration Awards

23 Goals of the Act Reduce recidivism: Increase public safety Promote stable families and communities Support evidence-based programs Provide necessary services during incarceration and after reentry 23

24 Florida Responds

25 Governor Bush signs an Executive Order establishing the Ex-Offender Task Force 2/7/05 WHEREAS, without successful re-entry into one's community, recidivism is likely to occur, to the great detriment to the public safety, Florida's communities, families, taxpayers, and individual ex-offenders;

26 Task Force Products: Reforms?

27 Further Florida Reentry Efforts Florida Department of Corrections: Hosted a Statewide Restoration of Rights / Re-Entry Summit - June 17 18, Established its Reentry Advisory Council - August 27, 2008 Applied for a Second Chance Act grant and awarded $750,000 - September 2009 Florida Dept. of Juvenile Justice Blueprint Commission Legislature and State Agencies Modified certain employment restrictions

28 The focus starts to shift < Reentry efforts do not reverse prison growth < Unsustainable corrections costs < Research calls for evidence-based practices and policies < Recession hits < New private investments (e.g., Pew)

29 States ask: Why such growth? Crime rate up Polling data -- fear Political campaigns Tough on crime New laws passed Truth in Sentencing War on Drugs

30 MOST IMPORTANT ISSUES FOR GOVERNMENT TO ADDRESS (Spontaneous, Unprompted Replies) Base: All Adults '93 '94 '95 '96 '97 '98 '99 '00 Jan Feb Feb April May Jan Feb Aug % % % % % % % % Crime/violence In 1994, 36% of Americans said crime was one of the top two issues the government should address. The Taking Back Our Streets Act was the number 2 item in the contract. Harris Poll

31 Crime/ violenc e By June 2010, fewer than one percent of Americans identified crime as one of the top two issues for government to address. MOST IMPORTANT ISSUES FOR GOVERNMENT TO ADDRESS "What do you think are the two most important issues for the government to address?" '97 '98 '99 '00 '01 '02 '03 '04 '05 ' May Jan Feb Aug Dec Dec June Oct Aug June Oct Oct Jan Mar Sept Nov Jan Apr June % % % % % % % % % % % % % % % % % % % * * Harris Poll

32 What has changed since 1994? Crime rate down Federal leadership States budget pressures New coalitions urging change: Fiscal conservatives, evangelicals, liberals / moving past law and order pols Significant attention by the press New resources: Federal government, foundations Growing research base Shift in public opinion

33 And in Florida? 19. What do you think is the most important problem facing Florida today? In 2008, two percent said crime.

34 Significant Shift in Public Opinion Peter. D. Hart Associates

35 Significant Shift in Public Opinion Peter. D. Hart Associates

36 Significant Shift in Public Opinion Peter. D. Hart Associates

37 Significant Shift in Public Opinion Peter. D. Hart Associates

38 Significant Shift in Public Opinion 2006 Zogby Poll

39 Florida Public Opinion Florida State University 2006 / Commissioned by DOC

40 Florida Public Opinion Florida State University 2006

41 Everybody is writing and talking about U.S. incarceration policies. Even the Brits.

42 A shift in attitudes takes hold and garners investment: Improve outcomes with fewer dollars It starts with data.

43 States can have less crime at a lower cost: Pew Public Safety Performance Project

44 Crime Rates and Incarceration Rates Florida Percent Change from 1999 to Florida crime rate Down 16% Up 47.6% Florida incarceration rate

45 Sentencing Project, Crime and Incarceration January 2005

46 Growth shot up, until Pew Public Safety Performance Project Pew Public Safety Performance Project

47 Pew Public Safety Performance Project But Florida s growth continued Pew Public Safety Performance Project

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49 Florida prison growth over the last six years 17,331 additional prisoners 110,000 90,000 70,000 50,000 30,000 10,000-10,000 84,901 88,576 92,844 98, , ,

50 Do these factors line up? crime trends vs. new commitments to prison

51 Florida crime rate: Down 10,000 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1, CRIME RATE Index Crimes per 100,000 Population Criminal Justice Estimating Conference, 9/29/09

52 Florida felony filings: UP Criminal Justice Estimating Conference, 9/29/09 Florida TaxWatch Government Cost Savings Task Force Criminal Justice Criminal Justice Estimating Conference, 9/29/09

53 Florida Prison Admissions: UP until last year Criminal Justice Estimating Conference, 9/29/09

54 Percent of Guilty Dispositions Imprisoned: UP 1984 through % 20.0% 15.0% 10.0% 5.0% 0.0% Criminal Justice Estimating Conference, 9/29/09

55 Cost Saving Recommendations Big picture recommendations: Seat the Corrections Advisory Council that was to begin its work examining the criminal justice system under SB 2000 in 2008 Develop a Justice Reinvestment initiative

56 20.0% 18.0% 16.0% 14.0% 12.0% 10.0% 8.0% 6.0% 4.0% 2.0% 0.0% Address year-and-day sentences One Year or Less = County Jail, County pays Year-and-a-Day = State Prison, State pays 10.1% Year- and-a-day Sentences as Percent of All Sentences 11.6% 13.0% 15.1% 17.7% 15.0% 12.3% FY FY FY FY FY FY FY Criminal Justice Estimating Conference, 9/29/09

57 45.0% 40.0% 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% Year-and-a-day and year-and-a-month sentences as percent of total: Hillsborough County Jul 04 Sep Nov Jan 05 Mar May Jul 05 Sep Nov Jan 06 Mar May Jul 06 Sep Nov Jan 07 Mar May Jul 07 Sep Nov Jan 08 Mar May Jul 08 Sep Nov Jan 09 Mar May Jul 09 Yr and day Year and month Criminal Justice Estimating Conference, 9/29/09

58 County felony case filings not correlated with prison admissions from counties 35,000 30,000 25,000 20,000 15,000 10,000 5,000 - Miami-Dade Miami-Dade Broward Broward Palm Beach Palm Beach Hillsborough Hillsborough Orange Orange Pinellas Pinellas Duval County Populations Miami-Dade 2,477,289 Broward 1,758,494 Palm Beach 1,294,654 Hillsborough 1,200,541 Orange 1,114,979 Pinellas 938,461 Duval 904,971 Lee 623,725 Polk 585,733 Brevard 556,213 Volusia 510,750 Pasco 438,668 Duval Lee Lee Polk Polk Breva Criminal Justice Estimating Conference, 9/29/09

59 Some counties respond to yearand-a-day critiques Criminal Justice Estimating Conference, 9/29/09

60 Cost saving recommendations relating to year-and-a-day sentencing Require written justification for prison sentences given to individuals with sentencing scores of 44 or less. Reclassify low level drug possession as a misdemeanor. Update value thresholds for felonies to reflect changes in inflation (such as the $300 threshold for felony theft). Reverse the fiscal incentive of sending people to state prison and reward counties for keeping them in the county (in jail or an alternative to incarceration).

61 New commitments: Up Other? FLORIDA NEW COMMITMENTS BY OFFENSE GROUP FISCAL YEAR Violent 8,630 9,245 9,679 9,491 11,549 11,274 Property 7,289 8,083 9,108 8,903 11,149 11,307 Drugs 7,359 8,319 9,287 9,641 11,931 10,735 Other 2,576 3,011 3,564 3,930 5,862 5,417 Total 25,854 28,658 31,638 31,964 40,491 38,732 Criminal Justice Estimating Conference, 9/29/09

62 - Felony Driving While Suspended Cost saving recommendation: Amend the driving while suspended law to reduce the penalty from felony to misdemeanor when the reason for the suspension is inability to pay a financial obligation. 1,800 1,600 1,400 1,200 1, DWSL New Commitments Legislature limits reach of felony provisions Criminal Justice Estimating Conference, 9/29/09

63 Time Served is Lengthening: Truth in Sentencing (85% rule Gain time slashed) In 1995, the Legislature enacted a requirement that individuals sentenced to prison must serve a minimum of 85% of their court-imposed sentence. Since imposition of 85% requirement, average time served in state prison has increased. Average time served FY months FY months Incentive gain-time is limited to up to 10 days per month. When the inmate's tentative release date becomes equivalent to the 85% minimum service date, the inmate is prohibited from earning further gain-time awards. Criminal Justice Estimating Conference, 9/29/09

64 Time Served is Lengthening: Life Law Mandates mandatory minimum terms of imprisonment for the possession, discharge and causing injury or death with a firearm Possession of a firearm = 10 years Possession of a semi-automatic/machine gun = 15 years Discharge of a firearm (any type) = 20 years Discharge with great bodily injury or death = 25 years to life 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1, Life Admissions to Prison ,454 2,216 3,098 3,935 4,788 5,772 6,963 8, Criminal Justice Estimating Conference, 9/29/09

65 Steady increase in Life Sentences FY FY FY FY FY Sentences under Life FY FY FY FY FY Equal to or greater than 3 yrs but less than 10 yrs Equal to or greater than 10 yrs but less than 20 yrs Equal to or greater than 20 yrs but less than 25 yrs Equal to or greater than 25 yrs but less than LIFE LIFE Criminal Justice Estimating Conference, 9/29/09

66 Time Served is Lengthening: Abolition of Parole Florida abolished parole in 1983; the only people now eligible for parole are those sentenced for offenses committed prior to October 1, Of the 101,849 inmates in Florida prisons on June 30, 2010, only 5,531 or 5.4% of them remain parole eligible. Only 43 (or 0.1%) of the 36,463 inmates released from Florida prisons in FY were paroled. Florida Dept. Of Corrections Annual Report, FY 09-10

67 Cost Saving Recommendations Re: Sentence Length 1. Increase the maximum gain time accrual allowed. 2. Authorize the possibility of parole for certain offenders who were juveniles when sentenced. 3. Authorize the possibility of parole for certain elderly offenders.

68 Recidivism: Return to prison for a new offense or a technical violation Florida DOC 2010 Recidivism Study

69 Florida DOC 2010 Recidivism Study

70 Cost Saving Recidivism Reduction Recommendations 1. Expand electronic monitoring as alternative to prison sentences 2. Expand adult post-adjudicatory drug courts 3. Institute adult post-incarceration drug courts 4. Expand work release programs 5. Expand the Redirection program (juvenile) 6. Expand use of civil citations for juvenile misdemeanants 7. Develop evidence-based programs and policies proven to reduce recidivism 8. Implement Project Hope

71 Recidivism-reduction strategy of Project Hope Project HOPE outcomes Floridians under community supervision (mostly probation) Florida DOC Annual Report 08-09

72 Big Picture recommendations: 1. Corrections Policy Advisory Committee 2. Develop a Justice Reinvestment initiative Recommendations to relating to year-and-a-day sentencing and other short sentence 3. Require written justification for prison sentences given to individuals with sentencing scores of 44 or less Reclassify low level drug possession as a misdemeanor 4. Update value thresholds for felonies to reflect changes in inflation (such as the $300 threshold for felony theft) 5. Reverse the fiscal incentive of sending people to state prison and reward counties for keeping prisons locally (in jail or an alternative to incarceration) 6. Amend driving while suspended law to reduce the penalty from felony to misdemeanor when the reason for the suspension is inability to pay a financial obligation

73 Recommendations relating to sentence length 7. Increase the maximum gain time accrual allowed. 8. Authorize the possibility of parole for certain offenders who were juveniles when sentenced 9. Authorize the possibility of parole for certain elderly offenders 1. Recommendations relating to reducing recidivism 10. Expand electronic monitoring as alternative to prison sentences 11. Expand adult post-adjudicatory drug courts 12. Institute adult post-incarceration drug courts 13. Expand work release programs 14. Expand the Redirection program (juvenile) 15. Expand use of civil citations for juvenile misdemeanants 16. Develop evidence-based programs and policies proven to reduce recidivism 17. Implement Project HOPE

74 Thank you Linda Mills, JD President, Policy Catalysts LLC