Sentencing Commission Overview

Transcription

1 Sentencing Commission Overview House Corrections & Juvenile Justice Committee Statehouse, 152-S January 17, 2017 Scott M. Schultz, Executive Director (785)

2 Agenda Sentencing Guidelines 101 Legislative Impacts Prison Population Projections 2003 SB 123 Substance Abuse Treatment Program Legislative Recommendations 2

3 2017 Commission Members Honorable Evelyn Z. Wilson, Chair District Judge, 3rd Judicial District Honorable W. Lee Fowler, Vice Chair District Judge, 5th Judicial District Honorable Patrick D. McAnany Kansas Court of Appeals Stacey L. Donovan Chief Public Defender, 3 rd Judicial District Carolyn McGinn Kansas Senate Joe Norwood Secretary of Corrections David B. Haley Kansas Senate Jonathan Ogletree Kansas Prisoner Review Board John Barker Kansas House of Representatives Tom Sawyer Kansas House of Representatives Jessica Domme Attorney General s Office Kevin N. Berens Thomas County Attorney Terry Malone Attorney Meredith Butler Director of Corrections, Geary County Jan Pauls Public Member Nathan Barnes Public Member Chris A. Mechler Office of Judicial Administration 3

4 History of the Sentencing Guidelines Sentencing Commission created 1989 Mission Statement: The Kansas Sentencing Commission is charged with the development and maintenance of uniform sentencing guidelines that establish a range of presumptive sentences. Presumptive sentences are based upon the assumptions that: Incarceration is reserved for the most serious offenders Primary purposes of prison are incapacitation and punishment 4

5 Guideline Basics Effective date July 1, 1993 Only felony offenses with person and nonperson classifications Dual Grids Nondrug & Drug

6 Guideline Basics Incarceration Line Above the Line: Presumptive Prison Below the Line: Presumptive Probation Grid Boxes Designate Sentence Range Outside Designated Range Considered a Departure Border Boxes Presumptive Imprisonment Nonprison option Not considered departure/appealable

7 Guideline Basics Sentences Outside the Sentencing Guidelines Offgrid Offenses: Release determined by Prisoner Review Board Capital Murder First Degree and Intentional Second Degree Murder Jessica s Law Sex Offenses Nongrid Offenses Self-contained statutes with no assigned severity level and not served in state prison Priors counted in criminal history DUI, Domestic Battery and Animal Cruelty

8 Criminal History Represented on Top or Horizontal Axis of Grids Seriousness Moves Left to Right on Grids Category A is most serious. Category I the least Based on Prior Convictions for: Person and Nonperson Felonies Person Misdemeanors/City Ordinance/County Resolution Class A Nonperson Misdemeanors Select Class B Nonperson Misdemeanors (weapons) 8

9 Criminal History Rules Only Verified Convictions Counted No Decay Factor for Adult Convictions Some Juvenile Adjudications Decay at Age 25 Crime Severity Level Represented on Side or Vertical Axis of Grids Severity Level Determined by Statute Non-Drug Grid Ranges 1 to 10 Level 1 is most serious. Level 10 is least Drug Grid Ranges from 1 to 5 Level 1 is most serious. Level 5 is least 9

10 2017 Legislative Session Anatomy of a Legislative Impact Statement 10

11 The Highlights The Box Summary of the Bill Findings Impact Assessment Proportionality Comparison

12 The Box IMPACT ASSESSMENT Impact on Prison Admissions: This bill has no impact on prison admissions. Impact on Prison Beds: This bill would save 119 prison beds in FY 2016 and 173 prison beds in FY Impact on the workload of the Commission: This bill has no impact on the workload of the Commission.

13 Findings In FY 2014, 83 D3 offenders were admitted to prison who committed the crime on or after July 1, On June 30, 2014, 96 D3 offenders were incarcerated in DOC who committed the crime on or after July 1, In FY 2014, 3,444 offenders admitted to KDOC were eligible for 2008 SB 14 program credit. On June 30, 2014, 4,296 offenders incarcerated in KDOC were eligible for 2008 SB 14 program credit. Based on KDOC s FY 2014 releases, 73% of the eligible offenders earned program credit with an average 57.4 days.

14 Proportionality Comparison (a)(3)(D) (c)(1) Human Trafficking; Knowingly coercing employment by obtaining or maintaining labor or services that are performed or provided by another through threatening to withhold food, lodging or clothing Person (a)(3)(E) (c)(1) Human Trafficking; Knowingly coercing employment by obtaining or maintaining labor or services that are performed or provided by another through knowingly destroying, concealing, removing, confiscating or possessing any actual or purported government iden Person (a)(4) (c)(1) Human Trafficking; Knowingly hold another in condition of peonage (involuntary servitude) in satisfaction of debt owed Person (a)(4) (b)(1)(c) Rape; Sexual intercourse; Consent obtained through knowing misrepresentation that sexual intercourse is medically or therapeutically necessary Person (a)(1) (c)(1) Kidnapping; For ransom, or as a shield or hostage Person (a)(2) (c)(1) Kidnapping; To facilitate flight or the commission of any crime Person (a) (c)(1)(c) Kansas Offender Registration Act; Failure to register as required; 3rd and subs. conviction Person (b) (c)(2) Kansas Offender Registration Act; Aggravated failure to register as required Person (d)(1)(A) (g)(4)(a) Aggravated Battery; State, county or city law enforcement officer; knowingly causing great bodily harm or disfigurement Person (d)(1)(B) (g)(4)(a) Aggravated Battery; Campus or university police officer; knowingly causing great bodily harm or disfigurement Person (b)(2)(A) (c)(2)(b) Aggravated Indecent Liberties with a Child; Nonconsensual lewd fondling/touching; child 14 or more but less than Person (b)(2)(B) (c)(2)(b) Aggravated Indecent Liberties with a Child; Causing child to engage in lewd fondling/touching without consent; child 14 or more but less than Person (a)(5) (b)(1) Unlawful Sexual Relations; Consensual; between JJA staff or contract staff and inmate 16 or older Person

15 KANSAS SENTENCING COMMISSION Fiscal Year 2017 Adult Inmate Prison Population Projections 100 Prison Population Projections August 27, 2015

16 Primary Basis for Projections 1. Number of offenders admitted to prison; and 2. Length of sentence Full Report Available at: 16

17 PRISON POPULATION CHARACTERISTICS JUNE 30, 2016 Severity Level Pre-Guideline Guideline Total Number Percent Number Percent Number Percent D % % % D % % % D % % % D % % % D % % % N % % % N % % % N % % % N % % % N % % % N % % % N % % % N % % % N % % % N % % % Offgrid % % % Probation Condition Violators 1 0.0% % % Sanction from Probation 0 0.0% % % Parole/Postrelease Condition Violators % % % Subtotal % % % Nongrid/Missing 4 0.0% Total % Source: DOC prison population file.

18 COMPARISON OF ACTUAL PRISON POPULATION BETWEEN FY 2015 AND FY 2016

19 FIVE YEAR PRISON ADMISSION TREND BY ADMISSION TYPE FY 2012 THROUGH FY 2016 Source: DOC admission files. *. Probation violator with new conviction has been separated from probation condition violator since FY Note: FY 2014 to FY 2016 parole violator with new sentence includes parole violator pending new sentence.

20 COMPARISON OF GUIDELINE NEW COMMITMENTS AVERAGE LENGTH OF SENTENCE BY SEVERITY LEVEL AND OFFENSE

21 Prison Admissions vs. Releases FY 2007 through FY 2016

22 FY 2016 Prison Population Projection by Offender Group

23 KANSAS PRISON POPULATION ACTUAL AND PROJECTED

24 MALE PRISON POPULATION ACTUAL AND PROJECTED

25 FEMALE PRISON POPULATION ACTUAL AND PROJECTED

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29 2003 SB 123 An Alternative to Incarceration for Substance Abuse Offenders 29

30 2003 SB 123 Program Overview Timeline Performance Funding 30

31 Overview The alternative sentencing policy for non-violent drug possession offenders, commonly known as the SB 123 program, was passed during the 2003 Legislative session and implemented during FY The program diverts non-violent drug possession offenders out of the prison population and requires state funded drug treatment of up to 18 months to reduce recidivism among this group of offenders. Sentencing Commission - Performs program administration and acts as the centralized payment center (bank) for treatment provider invoices; KDOC - Certifies the treatment providers that assess and treat offenders; 31

32 Community Corrections - Supervise offenders while on probation and collaborate with KSC and treatment providers; and Treatment Providers - Thirty community corrections agencies have contracts with 114 treatment providers in most geographical areas throughout Kansas. Through this program treatment access has increased throughout the state. The initial number of treatment providers was approximately

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34 SB 123 Eligibility On and after July 1, Level 5 Drug Possession offenders (K.S.A ) with a criminal history score of C I Level 5 Drug Possession offenders (K.S.A ) with a criminal history score of A or B IF the offender s criminal history does NOT include a level 7 or greater person felony AND the court finds and sets forth with particularity the reasons for finding that public safety will not be jeopardized by such placement Level 4 Drug Possession offenders whose crime was committed prior to July 1, 2012 are still eligible 34

35 Offenders with previous or current convictions of the following are NOT eligible for SB 123 treatment Drug manufacturing (K.S.A ) Drug cultivation (K.S.A (c)) Drug distribution (K.S.A (a) or (b)) Unlawful use of proceeds of a drug crime (K.S.A ) 35

36 SB 123 SENTENCES IMPOSED FY 2016 N=1,144 Johnson, 72, 6% Reno, 90, 8% Other, 605, 53% Saline, 74, 6% Sedgwick, 147, 13% Shawnee, 97, 9% Wyandotte, 59, 5% 36

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38 Performance University of Cincinnati Program Assessment Findings of the December 2014 study: The percent reduction in relative odds of a new conviction when successfully completing the SB 123 program is 75%; SB 123 offenders are 25-30% less likely to recidivate than non-sb 123 offenders; and SB 123 cases had a lower rate of re-conviction (7.7%) when compared to non-sb 123 cases (10.6%). 38

39 Funding Program utilized approximately $85.2 million between the beginning of the program in FY 2004 and FY 2016; Through FY 2016, the program has reached 14,284 offenders with either treatment or assessment according to the payment database; Cost averages are approximately $3,405 per offender per in FY 2016; Comparing the estimated cost of up to $25,000 per year/offender to be incarcerated in prison, one can see the effect the SB 123 program has on the cost of effective public safety in the state of Kansas. 39

40 Actual & Estimated Total Expenditures FY

41 2003 SB 123 Program Provides public safety Substance abuse treatment for nonviolent drug offenders Cost savings to the state for these types of offenders 41

42 Legislative Recommendations 42

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44 SB 123 Expansion 1. Pre-trial 2003 SB 123 Program - Expand current post-sentencing program to include diversions to incentivize and divert offenders from the system and lower costs to law enforcement, prosecutors and the courts 2. Expand 2003 SB 123 substance abuse treatment eligibility to drug severity level 4 small sales same as 2016 HB Repeal Special Sentencing Rule 26 Third Time Drug Possession same as 2016 HB

45 Unlawfully Tampering with Electronic Monitoring Equipment in K.S.A Amend penalty from severity level 6 to a severity level 8 felony for those offenders on felony supervision and a class A misdemeanor for misdemeanor or civil cases involving electronic monitoring same as 2016 HB 2459 as amended Cooperation with Other State Agencies 5. Allows data requests from other state agencies 45

46 Increase Felony Threshold for Property Crimes 6. Increase felony loss thresholds to $1,500 for miscellaneous property crimes consistent with current felony theft loss threshold Criminal use of a financial card Impairing a security interest Counterfeiting Theft of property lost, mislaid or delivered by mistake Giving a worthless check Criminal damage to property 46

47 Offender Registration Act 7. Remove distribution and attempt to distribute from the drug offenses in K.S.A (f) required to register under the act 8. Remove felony violation, making all failure to pay offender registration fee violations of K.S.A (c)(3) misdemeanor crimes 47

48 Criminal History Scoring 9. All juvenile adjudications, except offgrid and nondrug severity levels 1-4, will not be counted for criminal history purposes if the offender has no new adjudications within five years from the date of discharge of the final adjudication same as 2016 HB

49 Postrelease Supervision 10. Postrelease Supervision When Considering K.S.A (d)(1)(D) and (G) - Seek to resolve a potential conflict between the two subsections that relate to the length of supervision for sex-related convictions (see State v. Herrmann, 53 Kan. App. 2d, 384 P.3d 1019 (2016)) 11. Sentencing of Juveniles Certified as Adults Introduce postrelease supervision policy that is constitutional in accordance with State v. Dull, 302 Kan. 32 (2015) cert. denied, 2016 U.S. Lexis 1701 (Mar. 7, 2016) 49

50 Closing A resource for the Legislature for over 20 years Data collection allows for better forecasting for Legislature and the criminal justice community Thank you 50