Procrastinators Programs SM Crime & Punishment: Mass Over-Incarceration in Louisiana Prisons Massive Costs, with Little Benefit, Is this Justice? The Hon. Frederick H. Wicker LA Court of Appeal 5 th Circuit Course Number: 0200131227 1 Hour of CLE December 27, 2013 11:20 a.m. 12:20 pm
Fredericka Homberg Wicker Judge Wicker is a 1977 alum of Tulane Law School. After practicing law for 20 years as a state and federal prosecutor and as a civil litigator she joined the 24 th Judicial District Court in 1997. There Judge Wicker was a member of the court s management team and the Drug Court bench. She was also the president of the Louisiana District Judges Association. In 2006 she joined the Louisiana 5th Circuit Court of Appeal. Currently Judge Wicker serves as secretary of the Louisiana Judicial College Board of Governors and is a co chair of the LJC/LSBA Summer School and Annual Meeting. She is also the La. Supreme Court s designee to the Louisiana Sentencing Commission, and on the Family Services of Greater New Orleans Board of Directors. Judge Wicker is married to T. Carey Wicker and they are the parents of Ben, a senior at the University of Richmond, T.C. a graduate of Georgetown University, and a member of Teach America and Freddi, an alum of the University of Virginia and the London School of Economics, who is currently also a member of Teach America.
Fredericka Homberg Wicker La. 5 th circuit court of Appeal Louisiana i Sentencing Commission i The Driving Factors of Incarceration in Louisiana Highest incarceration rate in the country (1 in 55 adults incarcerated). 1 of every 26 adults under some form of corrections custody The prison population has doubled in the past 20 years. 40,000 incarcerated + 70,000 on supervision 41% of those incarcerated convicted of violent crimes. 1
Nationally 25% of the world s prisoners ar in U.S. Prisons State corrections spending fiscal 2012: $52.4 billion Spending exceeded 7.0 % of overall general fund expenditures annually since fiscal 2008. The trend "suggests that criminal justice reforms have yet to reverse the persistent growth in public safety spending, and that many states still have a potential for greater savings from policy reforms." 70,000 OFFENDERS UNDER SUPERVISION 4 2
DEMOGRAPHICS OF INCARCERATED POPULATION State Local Probation Parole GTPS Black 71.3% 65.6% 52% 55% 65.1% Male 93.9% 94.1% 74.4% 86.5% 89.1% Age 38 33.3 25 29 30 34 30 34 Geriatric Population Overall Sentence Length Average Time Served 17.6% of our population is elderly. Average Age is 54.5 for the population over 50. *3,721 in 2005 to 7,081 in 2013 (90% growth) 21 8.1 8.36 1.99 The U.S. Dept. of Justice reports that we are one of three states (Florida and New York) that held the most offenders age 17 or younger in 2011. It adds that these states hold almost 1/3 rd of the total number of offenders under age 17. 5 DEMOGRAPHICS OF INCARCERATED POPULATION Offense State Local Total Violent Crimes Drug Offenses Property Offenses 62.6 % 16.7 % 10.8 % 20.5% 41.5% 36.3% 26.5% 25.2% 18% > 20 Yrs 4,775 725 5,500 Life 4,649 11 4,660 Death 85 0 85 Education Levels Reading Math Language Last Grade Completed Current State Facilities Average 8.2 grade equivalent 7.4 grade equivalent 7.4 grade equivalent 10 th Grade (self reported) 6 3
WHERE ARE OUR PRISONERS? OVER HALF IN LOCAL FACILITIES U.S. Dept of Justice reports more than 50% of all prisoners housed in local jails in 2011 were in Louisiana, Texas and Tennessee. Approximately 11,000 of the 15,000 releases annually are from the local facilities. 7 WHERE DO THE PRISONERS COME FROM Sixty three percent of incarcerated population convicted itd in 10 parishes 26.2% come from Jefferson and Orleans Parishes 8 4
Prisoners Mental Health and Substance Abuse Issues 28% of DOC Offenders have diagnosed Mental Health Issues 13% are on Psychotropic medications. 53,822 psychotropic p prescriptions p written in FY 11/12. 71% diagnosed with substance abuse addiction or dependence. Aging Prisoners Medical Health Concerns Examples of the impact (males housed at LSP and EHCC 2008-2012) High Blood Pressure 33% Diabetes 25% Cancer 34% COPD/Asthma 55% Elderly offender population (> 50 yrs) has increased 26% since 2008 and this sub group s health care needs are very high. On site medical encounters have increased by 45% since 2008. 5
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The March Toward Massive Over Incarceration TRUTH IN SENTENCING AND TOUCH ON CRIME A. MANDATORY MINIMUM SENTENCINGS B. HIGHER STATUTORY SENTENCE LIMITS C. PROBATION AND PAROLE RESTRICTIONS D. GOOD TIME RESTRICTIONS E. MULTIPLE OFFENDERSTATUTES F. RECALCULATION OF SENTENCING GUIDELINES LOUISIANA S SEAT IN THE BUS Increased statutory sentence lengths Mandatory Minimum Sentence Limits Probation and Parole Restrictions Good Time Restrictions Multiple Offender Statutes 7
Louisiana s Seat in the Bus II 85% Rule No Sentencing Guidelines No Sentencing Guidance Culture of High Sentences Do 100% of the Sentence Little or No Programming in Most Local Facilities The Local Implications of Failed Sentencing and Over-incarceration 95% of those incarcerated will be released and return to the community Todd Clear suggests that high rates of incarceration can destabilize communities in ways that make them vulnerable to crime. This argument draws upon social disorganization theory, which has long held that in areas where residents are highly hl outwardly mobile, crime will flourish because those locations will lack the stable infrastructure that is required as a foundation of informal social control. Todd Clear, The Problem with Addition by Subtraction: The Prison-Crime Relationship in Low-Income Communities in Invisible Punishment 182 (Marc Mauer & Meda Chesney-Lind eds., 2002). 8
Local Implications II Punishment alone is not very effective, particularly in the manner it is used in the criminal justice system. Cognitive behavioral and skills based interventions that include role play and practice sessions are the most effective at reducing recidivism and criminal conduct. Community based interventions and solutions are twice as effective as those offered during incarceration Local communities cannot shift responsibility for dealing with criminal conduct to the state or federal level, since the offender will one day return to the community. Local Implications III Our communities are caught in a vicious cycle of poor educational achievement, poverty, crime, and drugs. This doesn t excuse the crimes or their very real costs. Incarceration in some neighborhoods has reached the point of destabilization The cost to our communities will continue to rise both in dollar and in human costs unless ALL of us take an active interest in finding real solutions rather than exiling those that offend us. 9
1. THE SENTENCE BEGINS AT ARREST 2. RISK NEEDS ASSESSMENT AT BAIL 3. SENTENCING GUIDELINES 4. ARRIVING AT GUIDING PRINCIPLES IN SENTENCING 10
Sentencing Reform Today II 1. RISK NEEDS ASSESSMENT AT SENTENCING 2. COMMUNITY BASED SENTENCING 3. ADEQUATE COMMUNITY BASED SERVICES: 1. DRUG, ALCOHOL, MENTAL HEALTH TREATMENT 2. COUNSELING IN BEHAVIORAL MODIFICATION 3. EDUCATION AND JOB TRAINING 4. DRUG AND OTHER SPECIALTY COURTS 11
Background The Sentencing Commission is a public governor and legislature appointed body whose purpose is to study Louisiana sentencing and incarceration practices in order to propose legislative and administrative steps to reduce incarceration rates while also decreasing recidivism. The Commission also educates judges, prosecutors, defense attorneys, and probation and parole officers about Louisiana substantive and procedural law and criminal best practices. The Commission s work is currently conducted through four workgroups: Front End, Release Mechanisms, Reentry, and Information and technology. 12
CURRENT WORK (part 1) Theft Statutes Re Write Comparative analysis of Drug Statutes Expansion of Drug and other Specialty Courts Comparative analysis of non drug statutes which carry mandatory minimums and benefits restrictions DWI Statute rewrite Bail statutes reform Pre trial Release program Risk/Needs assessment at sentencing Home incarceration analysis Geriatric and medical parole CURRENT WORK (part 2) Comparative analysis of multi offender statutes Cleansing period toward parole eligibility Third offender parole Comparative analysis of crimes of violence Transitional work programs Enhanced substance abuse treatment options Expanded education and vocation opportunities in prison Expanding reentry programming Expungement Continuing analysis of Uniform Commitment Order Project accurate rap sheet 13
PAST WORK Notable 2011 reforms Enhanced Pardon and Parole Process to aid in effective decision making Created Home Incarceration Reporting Requirements Revised and consolidated the provisions concerning good time Created Administrative Sanctions Process: Parole Eligibility for First time Felony Offenders 14
Notable 2012 reforms Increased prosecutorial discretion in regard to mandatory minimums Merged the pardon and parole boards and eliminated the risk review panels Expanded re entry courts to the 19th JDC and the 22nd JDC Reduced time an offender must serve until they are parole eligible Good Time calculation revision 15
Notable 2013 Reforms Created Early Release program for certain Drug Offenders Attempted Theft Simple Escape OWI Risk/Need Assessment at Sentencing (Pilot program in the 22 nd JDC) 16
DPS&C BUDGET TOTAL GENERAL FUND $660,000,000 $650,000,000 $640,000,000 $630,000,000 $620,000,000 $610,000,000 $600,000,000 $590,000,000 $580,000,000 $570,000,000 FY2009 FY2010 FY2011 FY2012 FY2013 $520,000,000 $500,000,000 $480,000,000 $460,000,000 $440,000,000 $420,000,000 $400,000,000 $380,000,000 TOTAL GENERAL FUND WITHOUT LHSAO FY2009 FY2010 FY2011 FY2012 FY2013 $45.00 $40.00 $35.00 $30.00 PER DIEM FY2009 FY2010 FY2011 FY2012 FY2013 34 17
Louisiana s State Offender Incarceration & Community Supervision Costs Snapshot Average cost of incarceration per day is $37.30 State Institutions (about 18,800 offenders): $53.80 per day Approximately $370 million dollars annually Local jails (about 21,000 offenders): $24.39 per day Approximately $187 million dollars annually Probation & Parole (about 70,000 offenders) $2.37 per day Approximately $60 million dollars annually The Costs: Why do they matter? The fiscal year 2012/2013 was allocated $45,313,460.00 for health care. The average cost per offender at the two LOC 1 facilities (EHCC and LSP) is approximately $24,000/year. The cost for elderly offenders is at least 3 times higher (approx. $72,000/year) While incarcerated, Medicaid and Medicare may not be used to leverage these funds unless the patient is admitted to a hospital, so all of it is State General Fund dollars. 18
Cost of Recidivism About 16,000 offenders incarcerated annually Half of these are probation/parole revocations Nearly half of all revocations are for technical violations and not new arrests (about 4,000 annually) Offenders who complete probation/parole have a 14% recidivism rate Average length of incarceration following revocation is 18 months (SAS, 2010) This equates to over $13,000 per offender (local jail housing at $24.39/day) These revocations cost the state over $48,000,000.00 in incarceration costs alone (18 month period) A TOTAL OF 110,015 The cost to you, the tax payer, by type Parole 3,074 $2.37/day GTPS 23,669 $2.37/day Probation 42,872 $2.37/day State 18,271 $53.29/day Local 18,423 $24.39/day TWP 3,874 $14.82/day 38 19
The Driving Factors of Incarceration in Louisiana Louisiana s crime rate has shown a slight improvement from 2008 to 2011 in 4 of 9 categories, but we still rank in the top 10 in 5 categories and continue to be ranked #1 in murder. Prison costs have tripled in the past 20 years ($700 million). State budget is declining at record rates. WHERE ARE WE: THE LONG SLOW ROAD Reduced Services No Branch of Government Leading the Charge Difficult Political and Cultural Climate Strong Pushback From Spokes of the Criminal Justice Wheel: Judges, Prosecutors, Sheriffs Hard Work, No Money 20
AN INCREDIBLY COMMITTED SENTENCING COMMISSION AN INCREDIBLY COMMITTED DEPARTMENT OF CORRECTIONS 21
Mass Incarceration and Criminal Justice Reform in Louisiana QUESTIONS? Fredericka Homberg Wicker Fredericka Homberg Wicker Louisiana Fifth Circuit Court of Appeal (504) 376-1420 Rwicker@fifthcircuit.org 22