THE DISTRICT S YOUTH REHABILITATION ACT: An Analysis

Transcription

1 THE DISTRICT S YOUTH REHABILITATION ACT: An Analysis September 8, 2017 Prepared by: Ellen P. McCann, PhD Statistician, Statistical Analysis Center

2 ABOUT CJCC The Criminal Justice Crdinating Cuncil (CJCC), an independent agency, serves as the District f Clumbia s frum fr lcal and federal members t identify crss-cutting lcal criminal and juvenile justice system issues and achieve crdinated slutins. CJCC facilitates and supprts CJCC member-identified pririties, strategies and initiatives that will imprve public safety and the related criminal and juvenile justice services fr District f Clumbia residents, visitrs, victims, and justice-invlved individuals. 1

3 Cntents ABOUT CJCC... 1 EXECUTIVE SUMMARY... 4 YRA Analysis... 4 Hw is the YRA applied?... 4 What is the recidivism rate?... 5 What prgramming is available?... 5 Findings and Cnsideratins... 5 The District s Yuth Rehabilitatin Act: An Analysis... 8 I. Overview f the District f Clumbia Yuth Rehabilitatin Amendment Act... 8 II. YRA Analysis A. Hw is the Yuth Rehabilitatin Act (YRA) used? Hw many times is it applied, and hw many set asides ccur? Hw is the Yuth Rehabilitatin Act (YRA) used? Hw many times is it applied, and hw many set asides ccur? Key Takeaways B. What is the recidivism rate f thse wh receive the benefit f the YRA? Specifically, hw many later cmmit anther felny r misdemeanr, and were they weapn r vilent ffenses cmpared t thse wh d nt receive this benefit but are similarly situated? Set Aside Benefit What are the Offender Outcmes after a Cnvictin is Set Aside? Sentencing Offender Outcmes fr thse Wh Receive a YRA Sentence Cmpared t thse Wh Are Nt Sentenced under YRA Key Takeaways C. Des the rehabilitative prgramming ffered imprve ffender utcmes? Specifically, hw are prgrams identified, are YRA ffenders supervised differently, and are prgrams evaluated? Wh is tracking this infrmatin? III. Findings and Cnsideratins: Cnsideratins: A. Legal Criteria: B. Prgramming Cnsideratins: IV. Appendices Appendix A Yuth Rehabilitatin Act District f Clumbia Official Cde Appendix B

4 Analytic Methdlgy Appendix C Flw Chart f the Yuth Rehabilitatin Act frm Cnvictin t End f Term Appendix D Prpsed Amendments t the Yuth Rehabilitatin Amendment Act Appendix E Best Practices fr Yung Adults Legislatin: Appendix F Outline f State Statutes Appendix G Rundtable n Sentencing in the District f Clumbia: Agency Rles and Respnsibilities [February 9, 2017) Witness List Appendix H Cntributing Agencies

5 EXECUTIVE SUMMARY On December 22, 2016, Mayr Bwser requested that the Criminal Justice Crdinating Cuncil (CJCC) cnduct analysis n the District's Yuth Rehabilitatin Act (YRA). The specific questins t be examined include: hw is the YRA applied; what is the recidivism rate f thse wh received it; and, what prgramming is available t thse sentenced under YRA? In additin t the Mayr's research request, n the same day, Cuncilmember Allen requested that the CJCC address: hw many times YRA was applied t felnies, and later resulted in a set aside; hw many later cmmitted anther felny, particularly with a weapn r a crime f vilence; and hw are prgrams identified fr these persns, and the details f their supervisin. Respnses t Cuncilmember Allen's requests were submitted February 1, 2017, and infrmed the analysis cnducted herein. The research cnducted in respnse t the Mayr's request examines all eligible ffenses, cases, and ffenders that were cnvicted in the DC Superir Curt in 2010, 2011, and This timeframe was selected t ffer at least tw years after the cmpletin f a term in rder t gauge reffending. Overview f the YRA Accrding t the Yuth Rehabilitatin Amendment Act f 1985, persns cnvicted f, and sentenced fr, an ffense under the age f 22 1 are eligible fr a set aside, 2 r sealing, f cnvictin at the successful cmpletin f their term, in additin t ptentially different sentencing ptins. Thse with a charge f murder, including murder that is part f an act f terrrism, are nt eligible. When determining a sentence fr a YRA-eligible ffender, judges have the ptin t impse a sentence under the YRA based n the infrmatin already available, r, prir t impsing a sentence may rder a yuth study perfrmed in rder t aid in a determinatin abut whether a YRA sentence is apprpriate. It is intended t determine if the persn is likely t be rehabilitated, and t give the ffender the pprtunity t have the cnvictin set aside at the cnclusin f his term. Authrity t frmally set aside a cnvictin belngs t the sentencing judge; in the case f a persn wh is under the jurisdictin f the U.S. Parle Cmmissin, the Cmmissiner may set aside the cnvictin sentenced under the YRA. YRA Analysis Frm , the DC Superir Curt handled the dispsitin f 70,454 cases. Cases eligible fr YRA sentencing represented 7% f the dispsed cases during this perid. Hw is the YRA applied? There were 5,166 cases that were eligible, and 3,960 persns wh were eligible fr a YRA sentence during the three-year perid studied. In that time, 53% (2,726 f 5,166) f eligible cases were sentenced under YRA, and 60% (2,384 f 3,960) f eligible persns were sentenced under YRA. The ffenders sentenced under YRA are cnvicted f similar ffenses t thse seen in the superset f all persns eligible fr YRA in Offenses that carried a mandatry minimum sentence were fund fr just 6.7% f all eligible 1 While a yung adult is ne wh is 18 t 22 years ld, thse under 18 wh are charged as adults are eligible fr sentencing under the YRA. 2 When a cnvictin is set aside, the infrmatin abut that cnvictin can still be used in sme circumstances, but the ffender des nt have t disclse that cnvictin t a ptential emplyer. This is different frm an expungement, which is the remval f a cnvictin frm a persn s criminal recrd. 4

6 ffenders, and were less likely t be sentenced under YRA, particularly when there were multiple charges that carried a mandatry sentence. Of thse eligible persns wh had cmpleted their sentence by April 1, 2017, nearly half (976 f 2,135) successfully had their cnvictin set aside. Yunger persns with less f a criminal histry (fewer past arrests and cnvictins and juvenile cmmitments) were mre likely t be sentenced under YRA. Yunger ffenders with less f a criminal histry wh were female, as well as thse with weapn ffenses, were mre likely t have their cnvictin set aside. In this analysis, weapn ffenses include nly thse ffenses f pssessing a weapn r ammunitin illegally. Als f nte, persns cnvicted f felnies were cnversely less likely t be set aside. What is the recidivism rate? Based upn the analysis, persns whse cnvictins were set aside were less likely t be re-arrested and/ r recnvicted than persns wh were sentenced under the YRA but whse cnvictins were nt successfully set aside. This held true when cntrlling fr demgraphics, criminal histry factrs, and the ffense that resulted in the YRA sentence. This highlights the need fr mre infrmatin, as the impact f interventins used during an ffender s sentence is nt accunted fr, and may be instructive t further imprve utcmes. When cmparing similarly situated persns wh were and were nt sentenced under the YRA, there was n difference in reffending frm the pint they were sentenced. The tw grups had similar chances f being re-arrested r recnvicted ver the next tw years, demnstrating that the sentence itself des nt act as a pint at which behavir changes, but instead that the sentence merely sets the stage fr a persn t have the cnvictin set aside at the end f his r her term. What prgramming is available? The examinatin f prgramming revealed tw main pints. First, there are n prgrams targeted t the YRA ppulatin. Secnd, there are prgrams that a YRA ffender might access, such as Curt Services and Offender Supervisin Agency s (CSOSA) Yung Adult Prgram, Federal Bureau f Prisn s (FBOP) standard prgramming, and the Department f Crrectin s (DOC) standard prgramming, but a YRA sentence is nt a qualifying criteria fr any f the existing prgrams. Findings and Cnsideratins There is brad cnsensus that the prpensity fr yuthful ffenders t cmmit crimes desists nce they reach their mid-20s. Acrss the United States, yung adult ffenders wh are able t shw an amenability t rehabilitatin have been able t receive cncessins such as cnvictin sealing and expungement if they d nt reffend. This is the case bth natinwide and lcally in the District f Clumbia. Neurlgical develpment indicates that yung peple develp reasning and maturity starting frm adlescence, and are well-develped by eighteen years f age. A persn can distinguish right frm wrng by their mid-teens; hwever, persns cannt gauge risk, understand cnsequences fully, r delay gratificatin until well int their 20s, a phenmenn referred t as the maturity gap. The age-crime curve supprts bilgical cnclusins in this sense, as persns wh are criminally active tend t slw dwn r stp ffending by their mid-20s. Yung adult ffender prgrams utilized acrss the United States vary widely, including Yung Adult Curts, prbatin and parle prgrams, district attrney-led prgrams, cmmunity-based partnerships, hybrid 5

7 partnerships, and prisn-based prgrams. At the same time, in many jurisdictins there is legislatin that directs either curts, gvernment agencies, r bth t address yung adult ffenders in ways distinct frm thse appraches taken with lder adult ffenders. Unfrtunately, while there is a natinal cnsensus n the need t hne practices specific t the yung adult ffender ppulatin, research identifies best practices thus far fr nly tw distinct grups: juveniles and adults. While prgrams that are knwn t be effective with ther age grups may als be effective with yung adult ffenders, the evidence base simply has nt caught up. After a full review f the findings, as well as the testimny frm Cuncilmember Allen s Rundtable n Sentencing in the District f Clumbia: Agency Rles and Respnsibilities (February 9, 2017), and the relevant natinal literature, sme pprtunities emerged. The findings here shw that it is pssible t imprve the utilizatin f YRA, be mre effective in utcmes fr yung adult ffenders and enhance public safety. This can be dne thrugh legislatin, as well as thrugh apprpriate prgramming, bth f which can help better infrm decisin-making and help better prepare the ffender t successfully attain the set aside f his r her cnvictin at the end f term. 1. Cntinue t affrd the current structure f ffenses and ffenders fr whm a YRA sentence is available; this is cnsistent with the findings that thse receiving the sentence clsely mirrr ffense types f the base f all eligible cases in Based upn the analysis, YRA sentencing determinatins are based upn factrs that include age, arrest histry, and juvenile cmmitments. While a surface examinatin wuld make it seem that mre crimes f vilence, weapn, and felny ffenses are getting YRA sentences, when cntrlling fr ther factrs, that finding dissipates. 2. A yuth study is nt mandatry fr all thse eligible fr a sentence under the YRA. Requiring such studies in all felny cases where a YRA sentence is an ptin, culd help further infrm judicial decisin-making and imprve ffender utcmes. Rather than placing restrictins n applying YRA, the analysis here, while limited, prvides sme clues as t the factrs that help determine whether a given ffender wuld be successful. This wuld mean a full scale implementatin f this yuth study as a tl, with relevant implicatins that wuld need t be addressed with partners. Risk assessment instruments r structured decisin-making tls shuld be develped t assist the curts, akin t presentencing investigatin recmmendatins, and fr use in the develpment f apprpriate prgramming that can be calculated frm the yuth study. 3. There is current discurse ver the applicability f mandatry minimums in sme ffense categries in which persns are eligible fr YRA sentencing. In light f the recent passage f the Cmprehensive Yuth Justice Amendment Act f 2016 (CYJAA), which allws fr sentences belw the mandatry requirements fr juveniles sentenced as adults, further cnsideratin and clarificatin might be beneficial t determine whether mandatry minimums shuld be applicable fr yung adult ffenders sentenced under YRA. 6

8 4. Targeted prgramming shuld be available thrugh specialized caselads in cmmunity supervisin, as 59% f YRA-sentenced ffenders were initially supervised in the cmmunity. 5. Additinally, 34% f YRA-sentenced ffenders were initially sentenced t a term f incarceratin, and DOC and BOP are critical t the prvisin f targeted prgramming fr thse wh may be under their jurisdictin. 7

9 THE DISTRICT S YOUTH REHABILITATION ACT: AN ANALYSIS On December 22, 2016, Mayr Muriel Bwser requested that the Criminal Justice Crdinating Cuncil (CJCC) cnduct analysis regarding the Yuth Rehabilitatin Amendment Act (YRA) by July 1, 2017 n the fllwing: Prvide infrmatin regarding hw the YRA is utilized in the District f Clumbia (District). Evaluate the recidivism f thse t whm it is applied. Prvide infrmatin n whether r nt the rehabilitative prgramming ffered t YRA recipients is successful. Als n December 22, 2016, Cuncilmember Charles Allen submitted a request asking CJCC t prvide infrmatin n the fllwing questins: Hw many times was YRA applied t a felny cnvictin and, f thse, hw many resulted in a set aside? Hw many f thse receiving the benefit f a YRA later cmmitted anther felny, in particular a weapn r vilent felny? Hw are prgrams identified fr YRA-sentenced ffenders, are they supervised differently, and are prgrams evaluated? The respnses t Cuncilmember Allen s questins were submitted February 1, 2017, thugh bth sets f requests are addressed thrughut this narrative. This reprt will prvide the histry f the YRA in the District and the research cnducted pursuant t the Mayr and Cuncilmember s requests. 3 I. OVERVIEW OF THE DISTRICT OF COLUMBIA YOUTH REHABILITATION AMENDMENT ACT The Federal Yuth Crrectins Act (FYCA) was enacted in 1950 in rder t prvide sentencing alternatives fr yuth ffenders ages 18 t In an effrt t prevent yung ffenders frm becming habitual criminals, the Act s purpse was t prevent recidivism by emphasizing rehabilitative treatment, rather than punishment. 5 Thrugh the FYCA, Cngress granted the curts discretin t impse prbatin r specialized treatment t yuthful ffenders; where curts fund that yuth wuld nt benefit frm these types f measures, regular penalties wuld be impsed. The FYCA allwed fr the autmatic expungement f a yuth s cnvictin after discharge frm prbatin r custdy prir t the expiratin f his r her sentence. Fllwing Cngressinal repeal f the FYCA in 1984, the District enacted the Yuth Rehabilitatin Amendment Act f 1985, 6 which prvides fr sentencing alternatives similar t thse that had been available under the repealed FYCA. These sentencing alternatives may be given t yuth under 22 years 3 Detailed methdlgy fr the analytic prtin f the current reprt can be fund in Appendix B U.S.C (repealed) 5 H.R. Rep. N. 2979, 81 st Cng., 2d Sess. 1, 3 (1950). 6 DC Cde (1985). 8

10 f age wh are sentenced as adults fr any crime ther than murder, including murder assciated with acts f terrrism. 7 The bjectives f the YRA are t give the curt flexibility in sentencing yuthful ffenders, 8 separate yuth frm lder and mre mature ffenders, and prvide an pprtunity fr yuth t have the sentence set aside in the future if the yuth satisfies the cnditins f the sentence. A set aside is distinct frm expungement, in that a set aside cnvictin can still be used in varius instances, including in determining whether a persn has cmmitted a secnd r subsequent ffense fr the purpses f impsing enhanced sentencing, fr impeachment if a YRA-cnvicted ffender testifies as a witness, fr sex ffender registratin and ntificatin, and fr gun ffender registratin. 9 The set aside cnvictin is nt publicly available, and the ffender des nt have t disclse criminal histry t ptential emplyers. Appendix C prvides a flw chart that utlines the prgressin f a case that results in a cnvictin and is then sentenced under the YRA. The flw chart is neither meant t be legally binding nr an exhaustive representatin f the applicatin f the YRA. Rather, it is intended t serve as a general guide t the prcess. Appendix D prvides a list f amendments made t the YRA since its enactment in 1985, including prpsed amendments that were ultimately nt frmally adpted. 7 DC Cde (6); Legislatin allws fr juveniles sentenced as adults t be eligible fr YRA sentencing when sentenced fr eligible ffenses. 8 Fr sme ffense categries, the Curt may have discretin, in sme instances, t sentence belw mandatry minimum. 9 DC Cde (f) 9

11 II. YRA ANALYSIS A. Hw is the Yuth Rehabilitatin Act (YRA) used? Hw many times is it applied, and hw many set asides ccur? 1. Hw is the Yuth Rehabilitatin Act (YRA) used? Accrding t the YRA, 24 D.C. Cde , any ffender wh is under the age f 22 at the time f cnvictin fr an eligible ffense may be sentenced pursuant t the sentencing prvisins f the YRA. 10 The YRA allws fr a persn t receive any lawful sentence (including prbatin, incarceratin, r any cmbinatin f them), and in practice that can be the same as a sentence ne wuld receive absent YRA sentencing, r a different sentence; and at the cmpletin f such a sentence, the ffender is then eligible t have his r her cnvictin set aside either by the Curt r by the U.S. Parle Cmmissin. A set aside, ften referred t as a sealing, means that the cnvictin is nt infrmatin that is publicly available, and the ffender des nt have t disclse criminal histry t ptential emplyers, thugh the gvernment may access this infrmatin fr limited purpses such as impeachment r cnsideratins f sentencing fr later ffense cnvictins. Hw Many Cases Are Sentenced Under YRA? The DC Superir Curt (DCSC r curt) prvided infrmatin fr this study t include all persns under the age f 22 wh had been cnvicted as an adult fr an ffense during calendar years 2010, 2011, and This included infrmatin n 5,166 unique cases (Figure 1) that did nt include a murder cnvictin 11 fr the three year perid; these cases accunted fr apprximately 7.3% f the DCSC Criminal Divisin caselad during this time perid. There were 2,440 unique cases fr which a YRA sentence was nt impsed. There were 2,726 unique cases fr which a YRA sentence was impsed. Figure 1. Eligible Cases Sentenced Under YRA All Eligible Cases (N=5,166) Unique Cases Sentenced under YRA, n=2,726, 53% Unique Cases Nt Sentenced under YRA, n=2,440, 47% 10 The law states specifically Cnvictin means the judgment n a verdict r a finding f guilty, a plea f guilty, r a plea f n cntest. Fr clarificatin, that cnvictin is nt cmplete until the sentencing is cmpleted. 11 Any cnvictin fr 1 st r 2 nd degree murder, r murder that cnstitutes an act f terrrism, is nt eligible fr YRA. 10

12 DCSC reprted that in the same years ( ) there were a ttal f 70,454 cases dispsed by the Criminal Divisin. In 2010, there were 23,227, in 2011 there were 24,944, and in 2012 there were 22, These included felnies, U.S. misdemeanrs, D.C. misdemeanrs, and traffic ffenses. These included all cases, bth YRA eligible and nt eligible, whether the ineligibility was due t the ffender s age r the ffense f cnvictin. As cntext, 7.3% f all cases handled by the Criminal Divisin in the sampled time perid were eligible fr YRA. Answering the Mayr s request fr infrmatin abut hw the YRA is used was mre cmplicated than it might appear. In current practice the ntable benefit f a YRA sentence is the fact that ne s cnvictin is set aside (sealed) if he r she successfully cmpletes his r her term f supervisin and is recmmended fr set aside. Are There Any Differences in Sentencing? Based upn the analysis f thse cases between , and in part due t the differential in criminal histry scres, fr certain types f ffenses, YRA sentences were slightly shrter and less likely t include incarceratin fr certain types f ffenses. Hwever, fr all three years included in the analysis, 96% r mre f the sentences impsed were cmpliant with the Vluntary Sentencing Guidelines. 13 There were differences in sentence length and types f supervisin when cmparing all YRA t all nn-yra felny sentences, but there was imprtant variatin when cnsidering the ffense categry and the criminal histry f the persn cnvicted. A persn with a lwer criminal histry (CH) scre was mre likely t receive a YRA sentence and als wuld receive a shrter term. 14 The Sentencing Cmmissin f the District f Clumbia (SCDC) cllects and cmpiles infrmatin abut felny sentencing practices in the District. And while the remainder f the analysis in this reprt cnsiders all YRA-eligible ffenses and ffenders fr these years, examining the felny sentences here is instructive as well. The SCDC prvided aggregate cunts f sentenced felnies, 15 and als delineated terms f incarceratin and supervisin fr different ffense categries and categries f criminal histry (by CH scre) 16 fr thse sentenced during The CH scre is a numeric scre that accunts fr prir juvenile adjudicatins, as well as prir felny and misdemeanr cnvictins. 12 The DC Superir Curt Annual Reprt fr 2013 cntains infrmatin fr all three sampled years, and can be fund n page 6 f this dcument: 13 The DC Vluntary Sentencing Guidelines represent a structured sentencing system used by the DC Superir Curt t sentence adult felny ffenders in the District. This system was created t prmte cnsistency and prprtinality in sentencing and give judges guidance n hw t impse sentences. The gal is that ffenders wh cmmit similar ffenses and have similar criminal recrds are sentenced alike while unique differences amng ffenses and ffenders are als apprpriately reflected. The Guidelines take int accunt tw imprtant factrs in sentencing: ffender criminal histry and the ffense severity f the cnvictin. Mre infrmatin can be fund n the SCDC website: 14 Data fr this reprt included 2010, 2011, and In 2010, judicial cmpliance with the Vluntary Sentencing Guidelines was 96% - fr all cases (including YRA). In 2011, it was 97%, and in 2012 it was 98.8%. Dwnladed frm SCDC Annual Reprts (6/13/17): 15 Sentencing Cmmissin data cmes frm the electrnic IJIS 12.1 data feed prvided by the DC Superir Curt, and criminal histry infrmatin prvided by CSOSA. They cllect, verify, and validate infrmatin n felnies as thse are the ffenses in which the Vluntary Sentencing Guidelines apply. Misdemeanr sentencing infrmatin is cllected but it nt treated with the same level f rigr. 16 The criminal histry (CH) scre is calculated based n criminal histry infrmatin gathered by the Curt Services and Offender Supervisin Agency (CSOSA). Prir juvenile adjudicatins, as well as, prir felny and misdemeanr cnvictins are used by CSOSA t cmpute a numeric criminal histry scre that is prvided t the Sentencing Cmmissin upn sentencing f the ffender. Under the Sentencing Guidelines, CH scres are classified based n scre ranges int A, B, C, D, and E categries. Fr 11

13 When a judge makes a sentencing decisin, the judge cnsiders a number f factrs, including criminal histry scre, the facts f the ffense under cnsideratin, aggravating and mitigating factrs, age, and all f the scial infrmatin prvided in presentencing reprts. These factrs then play a rle when a judge cnsiders the Vluntary Sentencing Guidelines, at which pint the sentence is decided. 17 In utilizing aggregates f sentences here, it is imprtant t nte that a mre detailed examinatin may be useful. Overall, ffenders sentenced fr a felny were mre likely t be sentenced t a term f incarceratin if they were nt sentenced under the YRA than thse sentenced fr felny ffenses under the YRA (Figure 2). YRA sentences were much mre likely t include split sentences and prbatin, rather than incarceratin alne. In many felny cases this may be a result f mandatry minimums that may apply fr a persn wh des nt receive a YRA sentence. 18 Analysis f this factr fllws. Figure 2. Sentencing n Felny Offenses Felny YRA Sentences (n=1,335) Felny Nn-YRA Sentences (n=1,358) Incarceratin, 654, 49% Lng Split, 68, 5% Prbatin, 291, 22% Shrt Split, 322, 24% Prbatin, 58, 4% Incarceratin, 1149, 85% Lng Split, 21, 2% Shrt Split, 115, 9% A sentence can include incarceratin, a split sentence, 19 and/r a term f prbatin. When lking at the entire term fr all YRA and nn-yra sentences that were given in these years, there is an average f 23 mnths fr the entire sentence given t a persn sentenced under YRA and an average f 31 mnths fr the entire term fr a persn nt sentenced under YRA. The ttal sentence lengths acrss different ffense types varied. There were different ffense types and ffenders that fell int these tw very brad categries f thse sentenced r nt sentenced under YRA, the purpses f this study, criminal histry categries were cmbined int three grups: Lw (A), Medium (B and C), and High (D and E). In sme cases a CH scre may nt be available, but des nt indicate the ffender did nt have a criminal histry. Mre infrmatin is available n the Sentencing Cmmissin website within the Guidelines. 17 Data fr this reprt included 2010, 2011, and In 2010, judicial cmpliance with the Vluntary Sentencing Guidelines was 96% - fr all cases (including YRA). In 2011, it was 97%, and in 2012 it was 98.8%. Dwnladed frm SCDC Annual Reprts (6/13/17): 18 As nted, mandatry minimums may nt apply fr sme ffenses when an ffender is sentenced under YRA. 19 Accrding t the SCDC Annual Reprt, a lng split sentence is ne where the curt impses a prisn sentence and suspends executin f sme f the sentence, but requires the ffender serve mre than six mnths in prisn and then places the ffender n prbatin fr a perid f up t five years. A shrt split sentence is a prisn sentence in which the curt suspends executin f all but six mnths r less but nt all - f that sentence, and impses up t five years f prbatin t fllw the prtin f the prisn term t be served. 12

14 and this must be cnsidered when lking at sentence differences. Delineating ffender criminal histries prvides a mre nuanced analysis. Fr thse with a lw CH scre, incarceratin terms fr YRA sentences averaged 28.3 mnths, while incarceratin terms fr nn-yra sentences and a lw CH scre averaged 29.8 mnths. S fr thse with lw CH scres wh received a term f incarceratin the length f that term was quite similar. This demnstrates the need t lk beynd the simple YRA vs. nn-yra sentencing cmparisn. While n the surface it appears that YRA sentences are shrter, sme f the apparent difference is likely because thse sentenced under YRA have lwer CH scres and s even in the absence f YRA, wuld have received lesser terms when sentenced within the guidelines. 20 Differences in sentences fr YRA and nn-yra felnies may be driven by criminal histry scres and by the ffense categry. SCDC prvided ttal sentence cmparisns (nted abve) as well as a breakdwn f sentences cmparing YRA and nn-yra sentences by ffense types and fr ffenders with high, medium, and lw CH scres. Thse felny ffenders with lwer CH scres were mre likely t be sentenced under YRA (figure 3). Cnversely, fewer persns received a YRA sentence fr a crime f vilence when they had a medium r high CH scre. Cnsidering lw, medium, and high CH scres, when smene is sentenced under traditinal sentencing, the sentence predictably becmes lnger as the CH scre increases. Ttal sentences (including incarceratin and ther frms f supervisin) fr persns with lw CH scres ttaled n average 24 mnths under YRA and 38 mnths withut YRA. 21 Nte, there are many factrs cnsidered when determining a sentence, and nly tw f which are presented here. A full analysis wuld allw cntrlling fr ther variables. The differences seen in all thse sentenced under YRA versus all thse nt sentenced under YRA were less prnunced when disaggregating the ffense categry and ffender CH scre. Figure 3. Number f Charges Receiving a YRA by CH Scre Felny Vilence Lw CH Scre Medium CH Scre N YRA Given, 125, 29% YRA Given, 309, 71% N YRA Given, 175, 56% YRA Given, 138, 44% A similar pattern was fund when examining sentences fr cases with a felny weapn ffense. The weapn ffenses captured here are nearly identical t thse categrized fr the remainder f the study, Persns with high CH Scres were lwer in number, and inclusin in the chart wuld be a misleading characterizatin f the data, where 5 high CH persns were sentenced under YRA and 11 were nt sentenced under YRA fr a crime f vilence. 13

15 and d nt include vilent ffenses such as assault with a deadly weapn. The categry weapn ffense includes carrying a pistl withut a license, unlawful pssessin f a firearm, and pssessin f a firearm during a crime f vilence (Figure 4). 22 The difference in the number f mnths assigned was mre prnunced fr thse with a medium CH scre and fewer persns were given a YRA with medium and high CH scres. 23 Figure 4. Number f Charges Receiving a YRA by CH Scre Felny Weapn Lw CH Scre Medium CH Scre N YRA Given, 80, 38% YRA Given, 131, 62% N YRA Given, 132, 63% YRA Given, 78, 37% There were differences in sentence length and type when cmparing all YRA t all nn-yra felny sentences, but a persn with a lwer CH scre was mre likely t receive a YRA sentence and was, therefre, mre likely t receive a shrter term with r withut YRA sentencing. In additin t the analysis prvided by the SCDC, it is als imprtant t cnsider sentencing differences fr thse cases that have cnvicted ffenses subject t mandatry minimum sentences. The 3,960 individuals wh were eligible fr a YRA sentence frm were cnvicted f a ttal f 8,416 ffenses, and 774 (9.2%) f thse ffenses were subject t a mandatry minimum sentence. 24 Figure 5 belw demnstrates that few charges carried a mandatry minimum sentence, and thse ffenses cnvicted that carried a mandatry minimum were less likely t be sentenced under YRA SCDC identifies the categrizatin f ffenses n page 26 f their 2016 Annual Reprt fund here: 23 Persns with high CH Scres almst exclusively did nt receive a YRA sentence with a weapn ffense. Their inclusin in the figure wuld be a misleading characterizatin f the data, where 1 high CH persn was sentenced under YRA and 8 were nt sentenced under YRA fr a weapn ffense. It is als imprtant t nte that many weapn ffenses carry a mandatry minimum, which may r may nt apply if smene is sentenced under YRA. 24 The data required sme cnservative assumptins arund mandatry minimum sentences fr the ffenses in this analysis. Where a charge had a mandatry sentence whse length was determined by past ffending and cnvictins, the analysis assumed the lwest mandatry requirement. Fr example, if an ffense had 5 year mandatry minimum fr a first ffense and 7 year mandatry minimum fr a secnd ffense, the assumptin was f a 5 year mandatry. This was unavidable due t data limitatins. 25 Any ffense enhancements such as while armed that created a mandatry sentencing requirement were treated equally in the data. Details abut weapns were nt quantified in the available data, and when smene is armed with anything ther than 14

16 Figure 5: All Cnvicted Offenses Eligible fr YRA and Carrying a Mandatry Minimum Sentence All Cnvicted Offenses Eligible fr YRA (N=8,416) Did nt Carry a Mandatry, 7642, 91% Carried a Mandatry Minimum Sentence and did NOT receive YRA, 557, 7% Carried a Mandatry Minimum Sentence and Received a YRA, 217, 2% Cases that had multiple ffenses with mandatry minimum sentences were less likely t be sentenced under the YRA (Table 1). Based upn the analysis, 47% f nn-yra cases with mandatry minimums and 24% f YRA cases with mandatry minimums had multiple mandatry ffenses. And, as nted abve, mandatry sentences were nly a factr fr a small grup (6.7% f all f the ffenders that were eligible fr a YRA in , and 5.5% f thse persns sentenced under YRA). Table 1: Number f Persns Subject t Mandatry Minimum Sentences, Persns Eligible fr YRA Sentencing Offenses fr which Defendants Were Cnvicted that Carried a Mandatry Minimum Persns with a Case that Included an Offense with a Mandatry Minimum Persns that Received the Mandatry Minimum YRA Sentenced (5.5%) 78 Nt YRA (8.5%) 125 Sentenced Ttal (6.7%) 196 The secnd element that made a difference was that f criminal histry, fund thrughut this reprt as a factr in deciding bth sentencing under YRA and sentence length. Being sentenced under YRA did nt always result in a sentence that was belw the mandatry minimum, and instead, analysis shws that a firearm it wuld nt carry a mandatry (knives, imitatin firearms, etc.). This results in a cnservative assumptin f the number f charges carrying a mandatry sentence. 15

17 thse sentenced under YRA and receiving less than the mandatry had even mre limited justice system histry than their peers wh were sentenced under YRA but wh received the mandatry minimum. Hw Many Peple Receive a YRA Sentence? This sectin shifts t an analysis f all cases and persns eligible fr sentencing under the YRA. Figure 6. All Cases and Persns Eligible fr Sentencing Under YRA 5,166 Cases 3,960 Persns The reprt begins with the number f cases (N=5,166), which is greater than the number f persns assciated with these cases. During , fr these 5,166 cases, there were 3,960 unique persns under the age f 22 wh were cnvicted f an eligible ffense (Figure 6). 26 Sme f thse persns received a YRA sentence, and at anther pint in the 3-year time frame they als received a nn-yra sentence n a different case. 27,28 A ttal f 2,384 persns were sentenced under YRA at sme pint during , while 1,576 persns wh were eligible fr a YRA sentence were nt sentenced under the YRA at any pint during (Figure 7). Fr cntext, f all 3,960 persns eligible fr a sentence under YRA, 53% f the individuals had a felny, 32% had a crime f vilence, and 14% had a weapn ffense. Examining the subset wh received a YRA sentence, 62% f thse sentenced under YRA had a felny ffense, 37% had a crime f vilence ffense, and 17% had a weapn ffense. And as nted in the analysis prvided by SCDC, a persn with a lwer CH scre was mre likely t be sentenced under YRA fr a felny weapn ffense r felny crime f vilence. 26 Persns with a cnvictin fr Murder in the first r secnd Degree, r Murder invlving terrrism are nt eligible fr a YRA sentence. 27 The riginal data sets included 4,004 unique persns cnvicted and sentenced fr any ffense. Hwever, there were 44 persns wh were cnvicted n a charge f murder, which is nt eligible fr the YRA sentencing, resulting in 3,960 persns. 28 Sme f the imbalance in numbers ccurs because there were 348 persns wh appeared in bth the YRA file and the nn- YRA file. These persns were maintained in the YRA file fr the remainder f the analysis. Having ne persn in bth the cmparisn and treatment grups was illgical and incnsistent with assumptins required t cmpute ur findings. 16

18 Figure 7. Eligible Persns: All Eligible Offenses All Eligible Persns Sentenced (N=3,960) Did nt receive a YRA Sentence, n=1,576, 40% Received a YRA Sentence, n=2,384, 60% When deciding n a YRA sentence, judges have the ptin f gathering additinal infrmatin t make the determinatin by rdering a Yuth Study. Yung adults wh are detained while awaiting their sentencing have their Yuth Studies cnducted by the Crrectinal Treatment Facility (CTF) staff f the Department f Crrectins. Varius elements are prvided, including psychlgical evaluatin and testing, vcatinal and educatinal evaluatin and testing, develpmental and scial histry, medical and substance abuse histry, scial relatinships, histry f trauma, awareness f cnsequences, adjustment while detained, and verall impressins. Each persn cnducting the review prvides his r her recmmendatins arund sentencing, including pinins n whether the subject wuld benefit frm sentencing under the YRA. If a yung persn is qualified t be sentenced under YRA, but is nt detained prir t sentencing, the judge may request that the Public Defender Service (PDS) cnduct a Yuth Study. PDS may als cnduct and submit a Yuth Study t the judge n its wn initiative, which the judge may cnsider. This reprt ften differs frm that cnducted by the CTF in cntent. Based n discussins with partners arund the Yuth Study and its utility, all agreed that the Curt requests them in cases that have mre uncertainty, specifically as t whether r nt smene was ging t be successful in the lng term. Thse wh are mst likely successful may nt require a Yuth Study, as their utcmes may be mre bvius frm the utset. This suggests that cmparing utcmes fr thse wh have a Yuth Study t thse wh did nt have a Yuth Study might be misleading the things that make a persn mst likely t succeed are thse same things that make a judge less likely t require a Yuth Study t make such a decisin. In additin t Yuth Studies, the Curt has ther pints at which decisin-making is critical. The questin has been asked: hw many persns sentenced under YRA have been given mre than ne YRA sentence? Because there were mre cases than persns in this analysis, there are imprtant pints t nte. Of thse 2,384 persns sentenced under the YRA during the study perid, 95.7% received a YRA sentence, whether in ne r mre cases, n nly ne unique sentencing date (Figure 9). This means that nly 4.3% f thse 17

19 given a YRA sentence had mre than ne YRA sentence. Alternately, 10% f thse persns sentenced under YRA were sentenced by ne judge, in mre than ne case, n the same date. While sme persns were befre the Curt at different times fr different matters ver the three year data selectin perid, it is cmmn practice fr judges t sentence multiple cases n a single date and in sme cases they apply YRA t thse multiple cases n that single date. Of the 2,384 persns sentenced under YRA, nly 104 f them received a YRA sentence n mre than ne ccasin (Figure 8). Thse 104 persns wh were sentenced under YRA n mre than ne ccasin during were less likely t have been cnvicted f a crime f vilence. There was n significant difference in having been cnvicted f a felny r weapn ffense, 29 and there was a marginally significant difference in the likelihd f having had a cnvictin fr a crime f vilence (p=.075), where 37.6% f thse with just ne YRA sentencing date had a crime f vilence and 30% f thse with tw YRA sentencing dates had a crime f vilence. This means that thse wh received a secnd pprtunity t be sentenced under YRA were less likely t be cnvicted f a crime f vilence. The fur peple that each had three unique sentencing dates appeared t be exceptinal, in that their cnvictins were fr ffenses such as simple assaults, unarmed attempted rbberies, prperty destructin, misdemeanr drug ffenses, theft, and bail vilatins. Figure 8. Unique Sentencing Dates Number f Unique YRA Sentencing Dates (N=2,384) Tw Sentencing Dates n=100, 4.2% One YRA Sentencing Date n=2280, 95.7% Three Sentencing Dates n=4, 0.1% *4.3% f 2,384 YRA recipients had mre than ne date n which they were given a YRA sentence, while 10% f 2,384 YRA persns had mre than ne case sentenced n the date they were given a YRA sentence. 29 Nte that weapn ffenses here are nly thse f pssessing a weapn, rather than crimes f vilence that include a weapn being used. Weapn ffenses are: unlawful pssessin r discharge f a firearm, carrying a cncealed weapn, pssessin f a weapn while cmmitting a crime f vilence, altering the identifying marks f weapns, pssessin f dangerus weapns, and the manufacture, transfer, use, pssessin, r transprtatin f Mltv ccktails r ther explsives. There were just 3.5% f all YRA cases in which smene had a cnvictin fr bth a crime f vilence and a weapn ffense, a very small grup verlapping with n significant impact n the utcmes. This cmparisn is spelled ut in mre detail later in the analysis. 18

20 A cursry lk at the data and the number f cases fr which a persn received a YRA sentence may suggest that many peple received many pprtunities, since nearly 10% f persns in this grup f 2,384 had mre than ne case sentenced under YRA, but that is nt the whle stry. Nearly 10% f the YRA sentenced persns had multiple cases sentenced under YRA n the same date (216 f the 2,384 persns that received a YRA), while 4.3% (n=104) f the 2,384 persns truly received mre than ne sentence under YRA within the study perid. Where are they serving their sentence? It is equally imprtant t examine where ffenders served their sentence. This is key, as it helps t better analyze the sentencing differences and t better plan fr hw and where t ffer pprtunities fr prgramming. Data were nly available n ffenders initial sentences; the data did nt reflect changes in sentencing that may have resulted frm vilatins, revcatins, r ther reasns. 30 Hwever, infrmatin n the initial sentence prvides insight n where the first pprtunity lies fr prgramming fr YRA ffenders, as well as fr yung adult ffenders, in general. Accrding t the initial sentencing data (Figure 9), bth YRA and nn-yra ffenders were mst cmmnly sentenced t supervised prbatin by CSOSA. 31 Fr the ffenders sentenced under YRA specifically, 59% were initially sentenced t supervised prbatin with CSOSA and 34% f them began their terms with DOC, even thugh abut half f thse wh initially went t DOC were eventually bund fr FBOP. Figure 9. Where YRA-Sentenced and Nn-YRA Sentenced Offenders ( ) Initiated Their Sentence YRA Sentenced: Supervisin (n=2,384) Nn-YRA Sentenced: Supervisin (n=1,576) DOC, 380, 16% DOC, 345, 22% BOP, 434, 18% BOP, 335, 21% Prbatin, 1402, 59% Unsupervised, 36, 1% Unclear, 132, 6% Prbatin, 672, 43% Unclear, 63, 4% Unsupervise d, 161, 10% 30 This is nt t infer that they served their entire sentences with this first supervising agency, r that they successfully cmpleted a prbatin term if they were first placed there, nly that it was their first supervising agency. 26.6% f all 3,960 persns and 29.5% f all 2,074 persns placed n prbatin as their first supervising agency were revked during their prbatin sentence. 31 The first agency t whm a persn is sent includes thse sent t Prbatin and verified as such by CSOSA, thse sent t DOC, thse sent t DOC and were eventually destined fr FBOP, and thse unsupervised with a specific designatin in the DCSC data f having either unsupervised prbatin r n supervisin at all. The categry labeled unclear are thse that were incngruent acrss partner data sets and verificatins. 19

21 Amng YRA-Sentenced ffenders wh were initially sentenced t prbatin, a smaller percentage were cnvicted f crimes f vilence cmpared t thse wh were sentenced t DOC r FBOP (Table 2). This is als true fr weapn ffenses, thugh half f thse sentenced t a term f prbatin were cnvicted f a felny. Table 2: Number f Persns Sentenced t Each Supervising Agency by Offense Categry, Number f YRA Any Crime f Any Weapn Any Felny Sentenced Persns Vilence Offense Prbatin % 13.7% 50.2% DOC % 15.0% 74.7% DOC-FBOP % 30.2% 98.6% N Supervisin % 2.8% 36.1% The first supervising agency fr all ffenders in Figure 10 (rather than slely thse ffenders sentenced under YRA) may als be an imprtant pint t cnsider. Prgramming r changes might be mst effective if ffered t all yung adult ffenders equally, since all are in the develpmental transitin regardless f their ffenses r histries. Just ver half (52%) f the eligible ffenders in this age grup were sent first t Prbatin fr supervisin, leaving 1,494 wh began their sentence at the DOC. Figure 10. Where All YRA-Eligible Offenders Initiated Their Sentences All Eligible Offenders: Supervisin (N=3,960) DOC, 725, 18% BOP, 769, 20% Prbatin, 2074, 52% Unsupervi sed, 197, 5% Unclear, 195, 5% 20

22 In hw many cases is the cnvictin set aside? T revisit the breakdwn f these cases and persns, there were 5,166 cases in the superset. In these 5,166 cases, there were 3,960 unique persns. There were 1,576 unique persns wh did nt receive a sentence under YRA. There were 2,384 persns sentenced under YRA , depicted in Figure 11 belw, f which 249 persns in this file were nt yet eligible, as their terms had nt yet expired at the time f the analysis. Of the remaining 2,135 persns, 976 were set aside by the Curt, while 1,159 had a term f prbatin r incarceratin that had expired and had nt been set aside by the Curt r the U.S. Parle Cmmissin. Of the 2,135 eligible persns, 45.7% (976 f 2,135) were set aside. All Eligible Persns Nn- YRA, 1,576 40% YRA, 2,384 60% Figure 11. YRA Sentenced Persns YRA Sentenced Persns Whse Cnvictins Were Set Aside (N=2,384) Nt Set Aside, n=1,159, 49% Set Aside, n=976, 41% Nt Yet Eligible as f 4/1/17, n=249, 10% 2. Hw many times is it applied, and hw many set asides ccur? Shifting the analysis t all eligible persns, when cntrlling fr available demgraphics, and fr scial and criminal histry, thse with crimes f vilence, felny, and weapn ffenses are n mre r less likely t receive a YRA sentence. Instead, thse factrs that played a significant rle in whether r nt a case wuld be sentenced under YRA were age and thse factrs that indicated criminal histry, including number f arrests and cnvictins, and past cmmitment t the Divisin f Yuth Rehabilitatin Services (DYRS). All Eligible Persns Nn- YRA, 1,576 40% YRA, 2,384 60% The research request frm Cuncilmember Allen included specific questins regarding crimes f vilence and regarding weapn ffenses in felny sentencing. The respnses prvided earlier have been incrprated in this analysis t measure the impact f crimes f vilence, weapn, and felnies n the likelihd ne will be sentenced under the YRA. Nte, crimes f vilence included here are thse defined 21

23 by statute. 32 Als, weapn ffenses are defined by statute, and are: unlawful pssessin r discharge f a firearm, carrying a cncealed weapn, pssessin f a weapn while cmmitting a crime f vilence, altering the identifying marks f weapns, pssessin f dangerus weapns, and the manufacture, transfer, use, pssessin, r transprtatin f Mltv ccktails r ther explsives. 33 Apprximately 4% f the full chrt f 3,960 peple had bth a cnvictin fr a crime f vilence and a weapn ffense. Cnsidering the differences in thse sentenced under the YRA and thse wh were nt, there were 3,960 unique persns eligible fr a YRA sentence during the years Within this grup, 2,384 unique persns were sentenced under YRA during , and 1,576 were eligible persns wh did nt receive a YRA sentence during that same perid. 34 The questin asked what types f ffenses and ffenders received a YRA sentence. When examining any factr alne, the impact f interacting variables can be masked. Just as the judges cnsider mre than the current ffense, s must the analysis. The types f cnvicted ffenses sentenced under the YRA, as well as thse nt sentenced under the YRA, alne d nt tell the whle stry because judges cnsider mre than the current ffense when deciding n whether t impse a sentence under the YRA. Therefre, it is als imprtant t understand the backgrunds f thse in the chrt wh were and were nt sentenced under the YRA. At first glance, many variables appeared influential, but sme turned ut nt t be imprtant nce the influence f ther factrs were cntrlled in a statistical mdel. Mst yung adult ffenders in the study frame were African American (71.1%), 35 and a majrity were als male (86%). Living in the District was equally represented in bth grups where 71% f bth YRA and nn-yra sentenced ffenders were District residents. 36 When examined alne, female defendants had a significantly greater chance f receiving a YRA sentence. Hwever, that finding did nt hld when cntrlling fr ther variables, mst ntably their criminal histries. While lking at singular ffender variables may seem infrmative, the impact f ne variable by itself des nt shw hw it can have a different effect depending n ther factrs. Regressin allws a cntrl fr this. Statistically speaking, when cntrlling fr all f the available and relevant variables that ne wuld think shuld have an impact did. In a lgistic regressin predicting whether r nt a persn received a YRA sentence (N=3,960), the analysis included the fllwing variables: age, gender, race, DC residence, number f nn-dc arrests, number f nn-dc cnvictins, histry f DYRS cmmitments, juvenile case cunts, juvenile adjudicatin cunts, number f DC arrests, number f DC case cnvictins, and the current sentenced ffense in ur analysis (vilence, weapn, and/r felny). 32 DC Cde (4) includes aggravated assault, acts f terrrism, arsn, felny assault n a plice fficer, assault with a dangerus weapn, assault with intent t kill, cmmit first degree sexual abuse, cmmit secnd degree sexual abuse r cmmit child sexual abuse, assault with significant bdily injury, assault with intent t cmmit any ther ffense, burglary, carjacking, armed carjacking, child sexual abuse, first degree cruelty t children, extrtin r blackmail accmpanied by threats f vilence, gang recruitment, participatin, r retentin by the use r threatened use f frce, cercin, r intimidatin, kidnapping, malicius disfigurement, manslaughter, manufacture f pssessin f a weapn f mass destructin, mayhem, murder, rbbery, sexual abuse in the first, secnd, r third degrees, use disseminatin r detnatin f a weapn f mass destructin, r an attempt, slicitatin, r cnspiracy t cmmit any f the freging ffenses. 33 DC Cde (3)(A) 34 Fr thse persns wh did nt have a YRA sentence during ur time frame, the case that was cnsidered fr the analysis was the first that ccurred fr them in the time perid. Fr thse that were sentenced under YRA at sme pint during , their first YRA case was cnsidered fr the analysis. 35 The percentage is likely higher, as the race is unrecrded fr 24% f the 3,960 persns here. 36 Mre ffenders in the file may be DC residents, but the data is missing address infrmatin fr 6.2% f cases. 22