Criminal Justice & Public Safety Committee How states are leading the way in developing more effective criminal justice policy Ms. Grace Beil Call, Senior Policy Analyst Ms. Michelle Rodriguez, Policy Analyst
Overview 1 Council of State Governments Justice Center 2 North Dakota Case Study 3 Discussion Council of State Governments Justice Center 2
Council of State Governments Justice Center National non-profit, non-partisan membership association of state government officials that engage members of all three branches of state government. Justice Center provides practical, nonpartisan advice informed by the best available evidence. Council of State Governments Justice Center 3
What is Justice Reinvestment? A data-driven approach to reduce corrections spending and reinvest savings in strategies that can decrease recidivism and increase public safety The Justice Reinvestment Initiative is supported by funding from the U.S. Department of Justice s Bureau of Justice Assistance (BJA) and The Pew Charitable Trusts. Council of State Governments Justice Center 4
Justice reinvestment includes a two-part process spanning analysis, policy development, and implementation II. Pre-Enactment 1 Bipartisan, Interbranch Subcommittees 2 Data Analysis 3 Stakeholder Engagement 4 Policy Options Development Assemble practitioners and leaders, receive and consider information, reports and policies Data sources should come from across the criminal justice system for comprehensive analysis Complement data analysis with input from stakeholder groups and interested parties Present a policy framework to reduce corrections costs, increase public safety, and project the impacts II. Post-Enactment 5 Policy Implementation 6 Monitor Key Measures Identify needs for implementation and deliver technical assistance for reinvestment strategies Monitor the impact of enacted policies and programs; adjust implementation plan as needed Council of State Governments Justice Center 5
Along with data analysis, justice reinvestment assesses core correctional practice and reviews subject-matter areas Analyze Criminal Justice System Data Assess Risk Assessment, Program, and Supervision Systems Focus on Diverse Criminal Justice Subject-Matter Areas Crime & arrest Sentencing Probation & parole Jail Prison Treatment and programs to reduce recidivism Recidivism System-wide assessment & analysis On-site observation of current practice Administrative policy review & redesign Retraining, revalidation, & quality assurance Implementation Prosecutors Victim advocates & service providers Parole board members Law enforcement Sentencing policies & case law Behavioral health state officials and providers Focus Resources based on risk & need Generate Savings resulting from more effective practice Reinvest in public safety strategies Council of State Governments Justice Center 6
Justice Reinvestment approaches are customized to the specific needs of states 26 states have used a justice reinvestment approach with CSG Justice Center assistance. 8 of them have used a justice reinvestment approach twice: Alabama, Arkansas, Georgia, Kansas, Michigan, Oklahoma, Pennsylvania, and Rhode Island IDAHO Overhaul correction programs and focus investments on what works to reduce recidivism ARKANSAS Expand law enforcement response and referral options for people with mental disorders NORTH CAROLINA Lower probation revocations and shift avoided costs to fund community sanctions and programs Council of State Governments Justice Center 7
In all states, Justice Reinvestment is focused on pubic safety Reduces recidivism means people who commit crimes are accountable, receive the intervention needed to change the behavior and do not reoffend Builds trust means communities disproportionately impacted by crime and incarceration are supported and underlying conditions of distrust are fixed Repairs harm means victims are safe, have access to help, understand how the criminal justice system works, see accountability and heal Builds trust Stops first time offenses Public Safety Reduces recidivism Repairs harm Stops first time offenses means there are policing strategies and public safety approaches to decrease all crime and violence happening in a state, not just reported incidents of crime
Individuals and communities do not experience crime and violence in a one dimensional way Victim Offender Home Community City/County State
We understand crime and violence from the time it happens and the person who commits the offense A crime occurs A few people commit many crimes Most repeat offenders have a multitude of risk factors and need treatment to overcome addiction, trauma, etc. Violence is specific and contextual, not an orientation Of those crimes reported, only a subset is solved and the individual apprehended Recidivism varies based on type and underlying climate of crime Crime is committed disproportionately by the young and by men A lot of crime is not reported Only a small subset of reported crimes (index) are tracked A lot of people commit one or just a few crimes
Public safety is expansive We understand crime and violence from the time it happens and the person who commits the offense A crime occurs But, what happened before? And, what happened to everyone else?
50 State Summit on Public Safety State and local leaders will form four-member teams per state comprising representatives from the criminal justice and behavioral health systems and the state legislature to discuss the most compelling topics related to increasing public safety. Council of State Governments Justice Center 12
Overview 1 Council of State Governments Justice Center 2 North Dakota Case Study 3 Discussion Council of State Governments Justice Center 13
North Dakota state policymakers enacted legislation and formally requested technical assistance for justice reinvestment The State Legislature was joined by the Executive and Judicial branches to request technical assistance from the CSG Justice Center to use a data-driven justice reinvestment approach. The formal request was issued by: Governor Dalrymple Chief Justice VandeWalle Attorney General Stenehjem House Majority Leader Carlson Senate Majority Leader Wardner HB 1165 and HB 1015 created an interim committee to guide a justice reinvestment approach Senate Minority Leader Schneider House Minority Leader Onstad Legislative Management Chairman Holmberg Council of State Governments Justice Center
The Incarceration Issues Committee (IIC) helped guide the justice reinvestment process LEADERSHIP Senator Ron Carlisle, Chairman Representative Jon O. Nelson, Vice Chairman LEGISLATIVE MEMBERS Representative Ron Guggisberg Representative Kim Koppelman Senator John Grabinger Senator Terry M. Wanzek Wayne Stenehjem, Attorney General Chief Justice Gerald W. VandeWalle, Supreme Court Leann K. Bertsch, Department of Corrections and Rehabilitation Thomas Erhardt, Department of Corrections and Rehabilitation Judge Douglas Mattson, District Court MEMBERS Presiding Judge Frank Racek, District Court Aaron Roseland, Adams County State's Attorney Rozanna Larson, Ward County State's Attorney Scott Steele, Golden Valley County Sheriff Department Randy Ziegler, Deputy Chief of Bismarck Police Department Council of State Governments Justice Center 15
The IIC met five times between January and September 2016 to review analyses and discuss policy options In total, more than 1.5 million individual data records were analyzed, including: supervision and prison populations; length of time served in prison and on supervision; statutory and administrative policies; and availability of treatment and programs designed to reduce recidivism. TOPIC OF ANALYSIS WHEN WAS ANALYSIS COVERED? System Trends (review of published reports) January 2016 Sentencing policy April 2016 Sentencing practices April 2016 Statute review April 2016 Probation June 2016 Prison June 2016 Recidivism/outcomes June 2016 Parole June 2016 Behavioral health July 2016 Council of State Governments Justice Center 16
Stakeholders at the local and county levels also played a critical role in the development of the justice reinvestment policies 122 CALLS & MEETINGS 14 ON-SITE VISITS 10 DIFFERENT REGIONS Local stakeholder engagement Stakeholders at the local and county levels provided information, access, and feedback to CSG staff. This assistance was invaluable in understanding the challenges and potential opportunities at this level of the state s criminal justice system and resulted in many of the policies included in the justice reinvestment package. Council of State Governments Justice Center 17
Through its comprehensive review of state data and intensive stakeholder engagement, the state identified three key challenges Growth in prison and jail populations. North Dakota s prison and jail populations are among the fastest growing in the country. Without action, the prison population was projected to increase 29 percent by FY2022. Accommodating this growth would cost at least $115 million in new contract beds. Ineffective and costly responses to supervision violations. Probation and parole officers lack the means to hold people accountable by responding to violations swiftly and cost effectively and connecting people with behavioral health needs to high-quality treatment. As a result, people commit numerous violations before being revoked to prison, which is expensive and does not improve their access to treatment or other resources upon release. Inadequate substance use treatment. State s attorneys, judges, and other stakeholders report that addiction is common among people who commit crimes and violate the terms of their supervision, but treatment is not readily available. A shortage of community treatment options and providers impedes people s access to needed services that, when combined with effective supervision, are proven to reduce recidivism. Council of State Governments Justice Center 18
Incarceration populations in North Dakota increased at one of the highest rates in the country The North Dakota prison population had the FOURTH HIGHEST percent increase in the country between 2005 and 2014 Change in Prison Populations 2005 2014 Stable Prison Population Significant Growth in Jail Population The North Dakota jail population had the THIRD HIGHEST percent increase in the country between 2006 and 2013 Change in Jail Populations 2006 2013* Stable Jail Population Significant Growth in Jail Population *The 2006-2013 timeframe is the most recent data available for national data comparisons on jail populations. Source: U.S. Department of Justice, Bureau of Justice Statistics (BJS) Census of Jails: Population Changes, 1999-2013 (Washington DC: BJA, 2015). Excludes the unified jail and prison systems in Alaska, Connecticut, Delaware, Rhode Island, Hawaii and Vermont. BJS, Correctional Statistical Analysis Tool (2005 2014), retrieved on January 21, 2016, from http://www.bjs.gov/index.cfm?ty=nps.
Individuals failing on community supervision put significant pressure on county and state facilities Probation Revocation Parole Revocation 6% New Offense Admission 21% 70% Prison Snapshot Population FY2014 On any given day, 27 PERCENT of North Dakota s prison beds are occupied by people who were on probation and parole supervision prior to being revoked and required to serve a term in prison. Council of State Governments Justice Center 20
There is a substantial need for substance use treatment, and barriers exist to accessing adequate care Felony Sentence Events, FY2011 FY2014 1,200 1,000 800 600 400 200 Drug 148% Property 91% Person 176% Other 24% Probation Officers believe that 75 PERCENT of people on probation or parole have a need for substance use treatment, and probation and parole officers indicate long wait periods to access behavioral health treatment. 0 2011 2012 2013 2014 Council of State Governments Justice Center 21
To address these challenges the state enacted Senate Bill 2015 and House Bill 1041 Senate Bill 2015 Authorize state and local agencies to prioritize prison and jail admissions based on a person s sentence, offense, and risk of reoffending if the maximum operational capacity of the state s correctional facilities is exceeded. Expand the availability of community-based behavioral health services for people in the criminal justice system by creating a partnership between DOCR and DHS to establish contracts with community-based treatment providers across the state to deliver individualized services. House Bill 1041 Use probation instead of prison for people who are convicted of certain Class A misdemeanors and low-level, nonviolent Class C felony offenses. Apply the state s existing good time policy to time served in jail as well as prison. Reclassify sentences for drug possession and ingestion offenses and reduce the size of drug penalty enhancement zones. Establish medical parole for people in prison with terminal medical conditions. Repeal the denial of SNAP and TANF benefits for people with certain drug offense convictions. Establish an oversight committee from the three branches of state government to study and track the implementation of the policies. Council of State Governments Justice Center 22
North Dakota invested $7.5 million into providing community treatment for those with behavioral health disorders Improve Quality of Services Expand Provider Workforce Psychiatry Mediation and Assisted Treatment Physical Health Peer Support Specialist Increase utilization of key paraprofessionals, specifically peer support specialists, and case management services. Outpatient Case Management Intensive Outpatient Residential Supported Housing/ Employment Probation or Parole Create a service delivery partnership between private health care providers and the Department of Human Services (DHS) to ensure that people in the criminal justice system have access to a full continuum of support services. To encourage quality of care, private health care providers will have an opportunity to earn additional compensation for exceeding key outcomes set by DHS. Require the development of a statewide workforce strategic plan for increasing the number of community-based behavioral health care providers who are able to work effectively with criminal justice populations. Provide sufficient funding to implement the workforce strategic plan. Council of State Governments Justice Center 23
Senate Bill 2015 and House Bill 1041 passed by wide margins in the legislature and was supported by Governor Burgum Senate Bill 2015 85 7 46 House Votes Senate Votes House Bill 1041 88 2 42 Building new jails and incarcerating people with the chronic disease of addiction and in desperate need of help is the most expensive and least effective course of action. With this legislation, we can give those dealing with substance abuse and other behavioral health issues who become entangled in the legal system an opportunity to recover successfully and return to their communities. Governor Doug Burgum Council of State Governments Justice Center 24
After enactment, state leaders requested additional technical assistance to implement justice reinvestment policies 12 24 months post-enactment Phase II ND implements policy changes ND receives implementation assistance and establishes JR strategies Develop implementation plan Plan for and allocate reinvestment funds Deliver targeted technical assistance, providing expertise and support for effective implementation Measure Impacts Monitor metrics Adjust implementation strategy as needed Council of State Governments Justice Center 25
Phase II assistance provided by CSG will include expert implementation guidance, data monitoring and pass-through funding Customized specifically for North Dakota, Phase II technical assistance will: Deliver targeted support to state leaders guided by research and lessons learned from other JR states; Establish performance measures and data monitoring to track the outcomes of justice reinvestment policies; Ensure implementation remains data-driven and collaborative, involving all three branches of government and state and local stakeholders. Funding in the form of a one-time implementation grant from the U.S. Department of Justice, which is passed through CSG and then on to North Dakota. Potential areas this could support: IT infrastructure upgrades to track outcomes Developing data dashboards to monitor change Skills-based training for staff Education activities for key stakeholders Establishing quality assurance mechanisms Council of State Governments Justice Center 26
Overview 1 Council of State Governments Justice Center 2 North Dakota Case Study 3 Discussion Council of State Governments Justice Center 27
Discussion questions 1 2 3 What are the biggest public safety questions in your state right now? What are the opportunities to improve the criminal justice system in your state? What are the biggest obstacles to improving the criminal justice system in your state?
Thank You Grace Beil Call, Senior Policy Analyst gcall@csg.org Michelle Rodriguez, Policy Analyst mrodriguez@csg.org Receive monthly updates about justice reinvestment states across the country as well as other CSG Justice Center Programs. Sign up at: CSGJUSTICECENTER.ORG/SUBSCRIBE The presentation was developed by members of The Council of State Governments Justice Center staff. Because presentations are not subject to the same rigorous review process as other printed materials, the statements made reflect the views of the authors, and should not be considered the official position of the Justice Center, the members of The Council of State Governments, or the funding agencies supporting the work.