Wyoming Joint Judiciary Interim Committee

Wyoming Joint Judiciary Interim Committee May 8, 2018 Marc Pelka Deputy Director, State Initiatives Ed Weckerly Research Manager

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The 50-State Summit on Public Safety provided more than 200 attendees from all 50 states with an opportunity to discuss public safety strategies. Representatives largely came from four areas: Law Enforcement State Legislators Behavioral Health Corrections Administrators 4

The summit produced 70-page workbooks containing national and statespecific data on crime, arrests, recidivism, correctional populations, and other criminal justice system metrics. The workbooks not only compiled a large amount of national data repackaged and presented in novel ways, but also included original research gathered from structured interviews conducted with all 50 states on such topics as Recidivism measures tracked and published; Risk assessment validation; Use of common identification numbers; Behavioral health screening; Supervision expenditures; Supervision revocation tracking; and Supervision officer training and evaluation. Workbooks for Wyoming and the 49 other states are available at 50statespublicsafety.us/ 5

Wyoming was selected to hold a state forum on public safety. Addresses from state leaders Presentations of Wyoming criminal justice and behavioral health system trends Panels comprising state and local officials as well as criminal justice system stakeholders Breakout discussions Development of public safety priorities Guidance for Wyoming s justice reinvestment approach 6

Overview Justice Reinvestment Criminal Justice Trends Next Steps 7

A data-driven approach to reduce corrections spending and reinvest savings in strategies that can decrease recidivism and increase public safety. Supported by funding from the U.S. Department of Justice s Bureau of Justice Assistance (BJA) and The Pew Charitable Trusts. 8

Justice reinvestment includes a two-part process spanning analysis, policy development, and implementation. Phase I - Pre-Enactment 1 Bipartisan, Interbranch Working Group 2 Data Analysis 3 Stakeholder Engagement 4 Policy Option Developments Assemble practitioners and leaders; receive and consider information, reports, and policies Analyze data sources from across the criminal justice system for comprehensive perspective 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 Phase 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 9

CSG has worked with 30 states, some twice, on a justice reinvestment approach to address criminal justice challenges. CURRENT PHASE I CURRENT PHASE II PAST STATES AR GA MA KS AZ IN HI AL MT MO NV RI MI NC OK KS ID NE ND OH CT CT CT TX VT WI NH OH PA WV MI WA RI PA WY 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 10

State leaders are using justice reinvestment to address a wide array of criminal justice and behavioral health system challenges. Recent upticks in violent crime Community substance use disorders, including the opioid epidemic People with mental illnesses in the justice system High rates of recidivism High cost of corrections Improving services for victims Increase opportunities for people returning to communities from incarceration 11

Increasing public safety is the focus of justice reinvestment. Reduce Recidivism: People who commit crimes are held accountable, receive the intervention needed to change their behavior, and do not reoffend. Repair Harm: Victims are safe, have access to help, understand how the criminal justice system works, see accountability, and heal. Prevent Crime: A state utilizes policing strategies and public safety approaches to decrease crime and violence, not just reported incidents of crime. Build Trust: Communities heavily impacted by crime and incarceration are supported, and any underlying conditions of distrust are directly addressed. Build Trust Prevent Crime Public Safety Reduce Recidivism Repair Harm 12

Justice Reinvestment: North Carolina 45,000 40,000 35,000 36,663 Prison Population in 2005 Baseline Projected Prison Population 43,220 JR Projected Prison Population 38,264 36,866 Actual Prison Population as of June 30, 2017 30,000 FY2005 FY2007 FY2009 FY2011 FY2013 FY2015 FY2017 Projected Outcomes $560M averted costs and savings by FY2017 Realized Outcomes 6,354 fewer inmates in prison in FY2017 compared to baseline projection 11 prisons closed between 2011 and 2015 Required supervision following prison 175 new probation officers in FY2014 and FY2015 65% Probation revocation reduction Sources: Actual and baseline prison population projection from the North Carolina Sentencing and Policy Advisory Commission, Current Population Projections FY2010/11 to FY2019/20 (Raleigh: North Carolina Sentencing and Policy Advisory Commission, 2011); Justice Reinvestment Act projections by the CSG Justice Center; Recent population updates are based on North Carolina s Automated System Query: http://webapps6.doc.state.nc.us/apps/asqext/asq and on the Justice Reinvestment Performance Metrics report from 2016 13

North Carolina faced huge prison growth and high rates of probation revocations to prison. Prison Population Reinvestments Public Safety PROBATION SUPERVISION ü Require that people on probation be assessed for risk level, and supervise accordingly ü Allow for 90-day capped prison sanctions (dunks) for the probation and post-release supervision population in lieu of revocations; such responses must be used at least two times before a revocation is possible for technical violators, excluding absconders SMCP ü The Statewide Misdemeanant Confinement Program diverts misdemeanants to county facilities rather than prison to serve out sentences of 91 180 days TECS ü The Treatment for Effective Community Supervision (TECS) prioritizes substance addiction treatment for people with high needs who are at high risk of reoffending PROBATION SUPERVISION ü Increases number of probation officers by 175 and provides for officer training in evidencebased supervision practices ADVANCED SUPERVISED RELEASE ü This program allows judges to impose a sentence that can be reduced in prison for people who comply with certain riskreducing programs DELEGATED AUTHORITY ü Allow probation officers to respond to technical violations by imposing swift and certain sanctions of 2- or 3-day jail stays (dips), without first going to court for approval POST-RELEASE SUPERVISION ü Require people leaving prison to serve a mandatory period of post-release supervision of 9 12 months 14

North Dakota: Investing in Community-Based Behavioral Health Services Instead of Prisons Prison population growth driven by nonviolent offenses from the lowest felony class Prison population projected to increase 36 percent by FY2022 at a cost of $115 million in new contract beds. 62 percent of new offense admissions are from the lowest felony class, mostly property and drug offenses. Ineffective responses to supervision violations 75 percent of people on probation or parole need substance addiction treatment. Supervision officers indicate long wait periods to access behavioral health treatment. As a result, supervision officers recommend about 1/3 of people on their caseloads for revocation each year. Need for community drug use treatment exceeds capacity 6 th -highest rates of alcohol and drug abuse in the U.S. 43rd in behavioral health workforce availability. Enrollment in substance addiction treatment decreased 15% (2009 13). 15

$7M of state dollars reinvested in providing up-front reinvestment in an innovative behavioral health plan $500K of state dollars to expand the provider workforce North Dakota: Investing in Community-Based Behavioral Health Services Instead of Prisons 16

Montana: Avoiding the high cost of recidivism and reinvesting in local public safety strategies Recidivism driving prison population growth In 2015, 74 percent of people admitted to prison were revoked from supervision for technical violations or new crimes, the majority of which were drug or property crimes. Officers unable to deliver adequate supervision to population Long probation terms take officer resources away from the people who need them most those on the first two years of supervision, when recidivism is most likely. Front-end pressures driving local correction system growth Increases in arrests, case filings, and the amount of time for a case to reach disposition all contributed to a growing jail population. Increase in drug arrests add pressure to jail and other local systems. 17

Montana: Avoiding the high cost of recidivism and reinvesting in local public safety strategies Apply swift and proportionate responses to supervision violations Limit the period of incarceration for people sanctioned for low-level violations to up to nine months. We know if we give our probation and parole officers the tools they need to do their jobs effectively, and provide expanded access to diversion programs and reentry housing, we can prevent the types of crimes and violations that are causing so many people to return to prison and jail. Senator Cynthia Wolken (Retired) Prioritize supervision resources for people most likely to reoffend Require supervision officers to request conditional discharge for people who comply with their terms of supervision. Establish statefunded grant programs to help counties address local challenges Reinvest savings in the development of a risk-based pretrial supervision program for counties. Make the presentence investigation process more risk-based and expedited by increasing investigators. Support housing reentry strategies for people who are candidates for parole but lack housing options. 18

Overview Justice Reinvestment Criminal Justice Trends Reducing Crime and Strengthening Communities Breaking the Cycle of Reoffending Reducing the Cost of Corrections and Reinvesting in Public Safety Next Steps 19

Wyoming s violent and property crime rates have remained lower than the national total for nearly all of the last 55 years. 6,000 5,000 U.S. and Wyoming Property and Violent Crime Rates (Incidents per 100,000 Residents), 1960 2016 Wyoming (2016) 14 th -lowest property crime rate 11 th -lowest violent crime rate 4,000 U.S. Property Crime Rate -52% since 1990 3,000 2,000 Wyoming Property Crime Rate -50% since 1990 1,000 U.S. Violent Crime Rate -47% since 1990 0 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 Wyoming Violent Crime Rate -19% since 1990 Sources: FBI, Crime in the U.S., 2006 2016. 20

Although Wyoming s violent crime was largely the same in 2006 and 2016, there was an uptick between 2014 and 2016. 300 250 200 150 100 50 284 Overall Violent Crime Rate in Wyoming (Incidents per 100,000 Residents), 2006 2016 291 +2% 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 4.0 3.5 3.0 2.5 2.0 1.5 Violent Crime Rate in Wyoming (Incidents per 100,000 Residents) by Offense Category, 2006 2016 Homicide 1.0 10 0.5 5 +100% -6% 0.0 0 2006 2008 2010 2012 2014 2016 2006 2008 2010 2012 2014 2016 40 35 30 25 20 15 Rape Wyoming s homicide rate doubled between 2006 and 2016, which was the second-largest increase in the country during that period, however the volume was extremely low increasing from 9 to 20 homicides. Wyoming s homicide rate was still 36 percent below the U.S. homicide rate. Following a 28-percent decline in the rate of robberies between 2006 and 2016, Wyoming had the lowest robbery rate in the country in 2016, down from the second-lowest rate in 2006. 18 Robbery 250 Aggravated Assault 16 14 200 12 10 150 8 6 100 4 50 2-28% 0 0-1% 2006 2008 2010 2012 2014 2016 2006 2008 2010 2012 2014 2016 Sources: FBI, Crime in the U.S., 2006 2016. 21

Violent crime trends varied across population areas, with a notable increase in non-metropolitan areas. Overall Violent Crime Rate in Wyoming (Incidents per 100,000 Residents) by Population Area, 2006 2016 2006 2016 Metropolitan Areas (population of 50,000+) 215 229 +7% Micropolitan Areas (population of 10,000 49,999) 270 307-12% Non-Metropolitan Areas (population of fewer than 10,000) 168 222 +32% Micropolitan population areas had the largest volume of reported violent crimes in 2016 Metropolitan Micropolitan Non-Metropolitan 413 354 663 Sources: FBI, Crime in the U.S., 2006 2016. 22

Wyoming s property crime rate dropped by a third, falling in all categories. 3,500 3,000 2,500 2,000 Overall Property Crime Rate in Wyoming (Incidents per 100,000 Residents), 2006 2016 2,981 1,957 500 400 Property Crime Rate in Wyoming (Incidents per 100,000 Residents) by Offense Category, 2006 2016 Burglary 2,500 2,000 Larceny 1,500 300 1,500 1,000 500 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016-34% 200 1,000 100-33% 500-36% 0 0 2006 2008 2010 2012 2014 2016 2006 2008 2010 2012 2014 2016 Burglary and larceny rate trends have generally continued downward and Wyoming still enjoys the 9 th lowest burglary rate and 19 th lowest theft rate in the country. Motor vehicle thefts increase from 2014 to 2016. The rising rate was caused by an increase of about 200 incidents but Wyoming still ranks 41 st among states in motor vehicle theft rate. 160 140 120 100 80 60 40 20 Motor Vehicle Theft -9% 0 2006 2008 2010 2012 2014 2016 Sources: FBI, Crime in the U.S., 2006 2016. 23

Responding to drug activity is driving a growing volume of law enforcement arrests in Wyoming. 5,000 4,500 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 Drug Arrests in Wyoming (Volume), 2006 2016 +42% Wyoming s 42-percent increase in the number of drug arrests was the 8th-largest increase in the country. Drug arrests are defined as state and/or local offenses relating to the unlawful possession, sale, use, growing, manufacturing, and making of drugs. 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Other Violent Index Property Index Drug DUI Drug-related offenses constituted 16% of all arrests in 2016. Sources: FBI, Crime in the U.S., 2006 2016. 24

Reducing Crime and Strengthening Communities Discussion Takeaways Wyoming s reported violent and property crime rates are below the national average. Wyoming s violent crime experienced upticks between 2014 and 2016 with variation across population area. Drug arrests increased 42 percent, the eighth-highest increase in the U.S., between 2006 and 2016. Discussion What are key questions to explore with criminal justice system stakeholders, such as law enforcement executives, related to available data? What data sources should CSG Justice Center staff examine to receive more detailed information about crime patterns and trends? 25

Use risk and needs assessments to inform key supervision and programming decisions. Low Risk Mod/High Risk Risk Assessment Treatment Assessment Low to High Treatment Needs Standard Supervision Standard Treatment Low to High Treatment Needs Enhanced Supervision Enhanced Treatment Interventions 27

To reduce recidivism, target the central eight risk factors. Employment & Education Antisocial Thinking Family This research is part of the risk-need-responsivity (RNR) principles that inform what works to reduce recidivism. Antisocial Behavior Substance Addiction Criminal Behavior Antisocial Personality Antisocial Peers Leisure The Big Four risk factors are the most predictive of future criminal activity. Programs targeting these needs can significantly lower recidivism rates. Source: James Bonta and Don A. Andrews, Risk-Need-Responsivity Model for Offender Assessment and Rehabilitation (Ottawa: Public Safety Canada, 2007); 28

Adherence to RNR principles is especially important to the effectiveness of community corrections as a recidivism-reduction strategy. Effect Size Of Different Supervision Programs On Recidivism Reduction As Determined by Inventory of Evidence-Based and Research-Based Programs for Adult Corrections as of December 2013-0.267-0.205 0.016-0.3-0.2-0.1 0 0.1 Increased Recidivism Reduction Intensive Supervision Program Only Intensive Supervision Program + Treatment Risk Needs Responsivity Supervision Characteristics of Intensive Supervision Programs Only Surveillance focus One-size-fits-all approach Contact frequency as a key performance measure for officers Use of incarceration as primary sanction Proportionality of sanctions not prioritized Little consideration of criminogenic needs Characteristics of RNR Supervision Assessing risk/needs Focusing on higher-risk people on parole Balancing supervision and treatment Using incentives and rewards Involving people on supervision in process Responding to violations in swift and consistent manner High-quality CBI programming Source: Washington State Institute for Public Policy. Benefit Cost Results: Adult Criminal Justice System. June 2016. http://wsipp.wa.gov/benefitcost?topicid=2 29

Wyoming s overdose death rate increased 66 percent between 2006 and 2016. fewer than 10 drug overdose deaths 10 to 19 drug overdose deaths 20 to 29 drug overdose deaths 30 or more drug overdose deaths -8 0 6 7 15 16 17 17 17 AK HI *Age-adjusted death rates. WA OR 19 21 Drug Overdose Death Rate (per 100,000 Residents), 2016* ID CA MT NV WY AZ Source: CDC, Increases in Drug and Opioid-Involved Overdose Deaths, United States. ND UT NM 30 32 33 33 SD CO TX MN NE OK IA KS 36 43 WI MO LA IL AR KY MS 49 51 53 IN TN MI WV AL OH VA GA 61 63 MD SC FL PA NC NY DE VT NJ MA 65 65 66 67 73 NH CT ME RI 82 82 82 86 88 93 Percent Change in Drug Overdose Death Rate by State (per 100,000 Residents, 2006 2016)* 109 109 109 112 100 103 124 138 139 139 OR MS TX WA MT NM CA KS UT NE NV CO LA OK AR AZ SC GA AK TN IA ID FL SD WY NC IL MO VT WI AL RI KY HI IN MI VA NY MN MA CT ME NJ MD WV PA OH DE NH 152 155 181 196 228 248 30

Wyoming s rate of return to prison, which is among the lowest in the country, increased in groups of people released from prison more recently. In a earlier national comparison of reincarceration rates, Wyoming had the second-lowest rate in the country (25 percent) among 2004 releases from prison. 40% 35% 30% 25% Wyoming Three-Year Reincarceration Rates by Prison Release Year, FY2011 2013* 26% 30% 31% 20% 15% 10% 5% 0% 2011 2012 2013 * Defined as the percentage of people released from Wyoming Department of Corrections who return to prison for any reason within three years of release. Wyoming measures probation recidivism, but only following successful completion of probation, not from the date at which people start probation. Therefore, probation recidivism figures are not presented here. See source for more details on methodology and other recidivism analyses not shown above. Source: https://docs.google.com/a/wyo.gov/viewer?a=v&pid=sites&srcid=d3lvlmdvdnxkb2n8z3g6nty3nzc5ntyzodvimwnmnq http://www.pewtrusts.org/~/media/legacy/uploadedfiles/pcs_assets/2011/pewstateofrecidivismpdf.pdf 31

Every state now tracks and publishes at least one measure of recidivism for people exiting prison, but few states track across multiple measures or for probation populations. States Tracking and Publishing Recidivism SD TN TX WI WY WV WA VA VT UT AL AK AZ AR CA CO CT DE FL GA SC HI Percent of states that report tracking and publishing recidivism data for people released from prison by: RI PA OR ID IL IN Rearrest Reconviction Reincarceration 25% 30% 96% OK OH NC NY NM NJ NH NV NE MT MI MO MS MN MA MD ME LA TN KY TX IA KS WI WY WV WA VA VT UT AL AK AZ AR CA CO CT DE FL SD GA SC HI Sources: CSG Justice Center, structured interviews, Aug. 2017. Percent of states that report tracking and publishing recidivism data for people starting probation by: Rearrest Reconviction Incarceration 12% 10% 14% RI PA OR OK OH NC NY NM NJ NH NV NE MT MI MO MS MN MA ID IL IN IA KS KY LA ME MD 32

Breaking the Cycle of Reoffending Discussion Takeaways Effective use of the risk, need, responsivity principles are associated with lower recidivism. Wyoming's rate of return to prison, which is among the lowest in the country, increased between 2011 and 2013. Expanding recidivism analysis, including real-time measures, can create more current and nuanced understanding of different kinds of recidivism to inform policy and budget decisions. Discussion What are key questions to explore with criminal justice system stakeholders, such as probation and parole officers and community program and treatment providers, related to recidivism? What data sources in Wyoming should CSG Justice Center staff examine to receive more detailed information about recidivism trends? 33

Wyoming s prison, parole, and probation populations have increased in recent years. 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 Correctional Populations in Wyoming, 2005 2015 +18% prison population +33% parole population +6% probation population 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 The prison population in Wyoming increased 18 percent between 2005 and 2015, the sixth-largest increase in the country during this period. In 2015, Wyoming had the 21st-highest incarceration rate in the U.S. Wyoming s 33-percent increase in the parole population was the 16th-largest increase in the country between 2005 and 2015. Source: BJS, Correctional Statistical Analysis Tool (CSAT). 35

Wyoming s prison population has grown 12 percent in the last 10 years, the ninth-largest percentage change among states. Prison Population Percentage Change, 2006-2016 40% ND AR WV NE AZ KY MN SD WY PA OK OR NM TN KS WA MO FL NV NC MT OH ID VA NH IA AL GA LA IN WI DE UT TX MS IL RI ME MA SC MD CO HI NY MI CT VT CA NJ AK 30% 20% +12% 10% 0% -10% -20% -30% -40% Sources:BJS Corrections Statistical Analysis Tool, http://www.bjs.gov/index.cfm?ty=nps 36

Wyoming s prisons are nearly at capacity, and both the prison population and supervision population are projected to grow. Wyoming Historical and Projected Prison Population, FY2007 FY2021 Wyoming Historical and Projected Supervision Population, FY2007 FY2021 2,500 8,000 2,186 2,249 7,000 6,852 2,000 1,902 6,000 6,826 6,455 1,500 +15% +3% 5,000-5% +6% 4,000 1,000 3,000 500 2,000 1,000 0 FY07 FY09 FY11 FY13 FY15 FY17 FY19 FY21 0 FY07 FY09 FY11 FY13 FY15 FY17 FY19 FY21 Sources: Wyoming Prison and Supervision Projections, July 2017. 37

In FY2017, more than half of prison admissions were due to supervision revocations. WYDOC Prison Admissions by Type, FY2012 2017 938 1,025 1,007 1,011 978 1,111 335 Work Release Returns +13% Probation Revocations +19% 281 300 245 304 253 128 158 205 180 208 245 Parole Revocations +91% 482 505 498 478 463 478 New Court Commitments -1% FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 Sources: Sources: Information provided to CSG Justice Center from WYDOC. 38

Reducing the Cost of Corrections and Reinvesting in Public Safety Discussion Takeaways Wyoming had the ninth-largest growth in its prison population among states. Supervision revocations comprise 52 percent of prison admissions. Wyoming s prison and supervision populations are forecasted to grow. Discussion What are key questions to explore with criminal justice system stakeholders, such as probation and parole officers and corrections administrators, related to supervision and corrections trends? What data sources should CSG Justice Center staff examine to learn more about factors driving supervision and correction populations and cost? 39

Overview Justice Reinvestment Criminal Justice Trends Next Steps 40

Wyoming Justice Reinvestment Timeline First Interim Committee Presentation May 8 Second Interim Committee Presentation State Forum on Public Safety June 11 Onsite Stakeholder Meetings Stakeholder Meetings re: Policy Options Third Interim Committee Presentation Opening of Legislative Session May Jun Jul Aug Sep Oct Nov Dec Jan Initial Analysis Detailed Data Analysis Impact Analysis Stakeholder Engagement Policy Option Development 41

Thank You Raquel Abu-Num, Policy Analyst radunum@csg.org Marc Pelka, Deputy Director of State Initiatives mpelka@csg.org Ed Weckerly, Research Manager eweckerly@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 This material was prepared for the State of Wyoming. 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 agency supporting the work.