Criminal Justice Reforms

Criminal Justice Reforms Linda Mills, JD Policy Catalysts, LLC

Our nation s challenge US: 5% percent of the world's population US prisons: 25% of the world's prisoners "Either we're the most evil people on earth, or we're doing something wrong." (US Senator Jim Webb)

U.S. Prison Growth Federal and state prisons held just under 1.6 million prisoners at the end of 2007. Pew Public Safety Performance Project 3

The Long View: 2066% Increase Since 1920

110000 90000 70000 50000 30000 10000-10000 Florida Prison Growth: 1972-2010 Prison Population on June 30, 1972 thru 2010 1973 10,344 1980 19,722 1994 56,052 June 30, 2010: 102,232 1972-73 1973-74 1974-75 1975-76 1976-77 1977-78 1978-79 1979-80 1980-81 1981-82 1982-83 1983-84 1984-85 1985-86 1986-87 1987-88 1988-89 1989-90 1990-91 1991-92 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10

Growth in the Rate of U.S. Incarceration

600.0 500.0 400.0 300.0 200.0 100.0 Florida s rate of incarceration has quadrupled since 1972 0.0 1973 126.8 INMATES PER 100,000 FLORIDA RESIDENTS 1994 397.0 1972 through 2009 2009 536.1

U.S. Corrections Growth Pew Public Safety Performance Project Pew Public Safety Performance Project

Florida: Jail, Prison, Parole and Probation Growth Pew Public Safety Performance Project

US Growth in Spending Pew Public Safety Performance Project

Florida Growth in Corrections Spending Pew Public Safety Performance Project

More prisoners... More prisoners coming home Sentenced Prisoners Admitted and Released from Federal and State Prison, 1977-2006 Prison Admissions Prison Releases 713,000 People Released in 2006 Urban Institute Urban Institute 12

Florida follows the national pattern Florida Prison Admissions & Releases, 1995-2009 45000 40000 35000 30000 25000 20000 15000 1995 1996 1997 1998 Prison Admissions 1999 2000 2001 2002 2003 2004 2005 Prison Releases 37, 391 released in 2009 2006 2007 2008 2009 Urban Institute, updated with DOC data

The Response from the Federal Government 14

Federal Initiatives Nineties: Anti-gang initiatives 2001 forward: Funding for state and local corrections to reduce recidivism & improve reentry outcomes Serious and Violent Offenders (SVORI) Transition from Prison to Community Initiative Ready4 Work 15

2004: Prisoner Reentry and the Second Chance 16

George W. Bush State of the Union This year, some 600,000 inmates will be released from prison back into society. We know from long experience that if they can't find work, or a home, or help, they are much more likely to commit crime and return to prison... America is the land of second chance, and when the gates of the prison open, the path ahead should lead to a better life. January 24, 2004 17

June 23, 2004: The Second Chance Act is introduced in Congress As a symbolic political gesture, the Second Chance Act completely reverses recent practice. For the first time in decades, Congress is poised to pass a bill that aims to make the lives of prisoners and exprisoners easier, not more difficult. The Right Has a Jailhouse Conversion, New York Times Magazine, December 24, 2006

Bi-Partisan Support: Rob Portman (R-OH), Danny Davis (D-IL), Sam Brownback (R-KS), Joe Biden (D-DE), Carl Levin (D-MI), Rick Santorum (R-PA) 92 House sponsors; 34 Senate sponsors 224 Supporting Organizations: Second Chance Act NAACP, National Sheriffs Association, Family Research Council, Progressive National Baptist Convention, Goodwill Industries, Children's Defense Fund, Christian Coalition

Second Chance Act of 2007 Passed and Signed House: Vote of 347-62 11/13/2007 Senate: Unanimous consent 3/8/2008 President signed 4/9/2008 20

President Bush s Prisoner Reentry Initiative 2005-2008 DOJ and DOL collaboration Built upon Ready4Work model Goal: Strengthen urban communities impacted by large numbers of returning prisoners through community-based, mentor-supported and employment focused programs DOJ grants -- State agencies for pre-release services and anti-recidivism efforts of faith-based and community organizations. 21

Bush Administration Awards

Goals of the Act Reduce recidivism: Increase public safety Promote stable families and communities Support evidence-based programs Provide necessary services during incarceration and after reentry 23

Florida Responds

Governor Bush signs an Executive Order establishing the Ex-Offender Task Force 2/7/05 WHEREAS, without successful re-entry into one's community, recidivism is likely to occur, to the great detriment to the public safety, Florida's communities, families, taxpayers, and individual ex-offenders;

Task Force Products: Reforms?

Further Florida Reentry Efforts Florida Department of Corrections: Hosted a Statewide Restoration of Rights / Re-Entry Summit - June 17 18, 2008. Established its Reentry Advisory Council - August 27, 2008 Applied for a Second Chance Act grant and awarded $750,000 - September 2009 Florida Dept. of Juvenile Justice Blueprint Commission Legislature and State Agencies Modified certain employment restrictions

The focus starts to shift < Reentry efforts do not reverse prison growth < Unsustainable corrections costs < Research calls for evidence-based practices and policies < Recession hits < New private investments (e.g., Pew)

States ask: Why such growth? Crime rate up Polling data -- fear Political campaigns Tough on crime New laws passed Truth in Sentencing War on Drugs

MOST IMPORTANT ISSUES FOR GOVERNMENT TO ADDRESS (Spontaneous, Unprompted Replies) Base: All Adults '93 '94 '95 '96 '97 '98 '99 '00 Jan Feb Feb April May Jan Feb Aug % % % % % % % % Crime/violence 3 36 21 16 19 13 8 10 In 1994, 36% of Americans said crime was one of the top two issues the government should address. The Taking Back Our Streets Act was the number 2 item in the contract. Harris Poll

Crime/ violenc e By June 2010, fewer than one percent of Americans identified crime as one of the top two issues for government to address. MOST IMPORTANT ISSUES FOR GOVERNMENT TO ADDRESS "What do you think are the two most important issues for the government to address?" '97 '98 '99 '00 '01 '02 '03 '04 '05 '06 07 08 09 09 09 09 10 10 10 May Jan Feb Aug Dec Dec June Oct Aug June Oct Oct Jan Mar Sept Nov Jan Apr June % % % % % % % % % % % % % % % % % % % 19 13 8 10 1 2 3 1 3 2 2 1 2 * 1 1 1 1 * Harris Poll

What has changed since 1994? Crime rate down Federal leadership States budget pressures New coalitions urging change: Fiscal conservatives, evangelicals, liberals / moving past law and order pols Significant attention by the press New resources: Federal government, foundations Growing research base Shift in public opinion

And in Florida? 19. What do you think is the most important problem facing Florida today? In 2008, two percent said crime.

Significant Shift in Public Opinion Peter. D. Hart Associates -- 2001

Significant Shift in Public Opinion Peter. D. Hart Associates -- 2001

Significant Shift in Public Opinion Peter. D. Hart Associates -- 2001

Significant Shift in Public Opinion Peter. D. Hart Associates -- 2001

Significant Shift in Public Opinion 2006 Zogby Poll

Florida Public Opinion Florida State University 2006 / Commissioned by DOC

Florida Public Opinion Florida State University 2006

Everybody is writing and talking about U.S. incarceration policies. Even the Brits.

A shift in attitudes takes hold and garners investment: Improve outcomes with fewer dollars It starts with data.

States can have less crime at a lower cost: Pew Public Safety Performance Project

Crime Rates and Incarceration Rates Florida Percent Change from 1999 to 2009 60 50 40 30 20 10 0-10 -20-30 -40 Florida crime rate Down 16% Up 47.6% Florida incarceration rate

Sentencing Project, Crime and Incarceration January 2005

Growth shot up, until 2009... Pew Public Safety Performance Project Pew Public Safety Performance Project

Pew Public Safety Performance Project But Florida s growth continued Pew Public Safety Performance Project

Florida prison growth over the last six years 17,331 additional prisoners 110,000 90,000 70,000 50,000 30,000 10,000-10,000 84,901 88,576 92,844 98,192 100,894 102,232 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10

Do these factors line up? crime trends vs. new commitments to prison

Florida crime rate: Down 10,000 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 0 5341 6044 7619 7943 7010 6521 6714 CRIME RATE Index Crimes per 100,000 Population 7255 8244 8074 7473 6782 6822 7604 8241 8511 8974 8857 8679 8521 8244 8132 8053 7524 7383 7188 6731 5997 5604 5580 5398 5164 4855 4677 4632 4695 4700 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 Criminal Justice Estimating Conference, 9/29/09

Florida felony filings: UP Criminal Justice Estimating Conference, 9/29/09 Florida TaxWatch Government Cost Savings Task Force Criminal Justice Criminal Justice Estimating Conference, 9/29/09

Florida Prison Admissions: UP until last year 1984-2009 Criminal Justice Estimating Conference, 9/29/09

Percent of Guilty Dispositions Imprisoned: UP 1984 through 2008 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Criminal Justice Estimating Conference, 9/29/09

Cost Saving Recommendations Big picture recommendations: Seat the Corrections Advisory Council that was to begin its work examining the criminal justice system under SB 2000 in 2008 Develop a Justice Reinvestment initiative

20.0% 18.0% 16.0% 14.0% 12.0% 10.0% 8.0% 6.0% 4.0% 2.0% 0.0% Address year-and-day sentences One Year or Less = County Jail, County pays Year-and-a-Day = State Prison, State pays 10.1% Year- and-a-day Sentences as Percent of All Sentences 11.6% 13.0% 15.1% 17.7% 15.0% 12.3% FY 02-03 FY 03-04 FY 04-05 FY 05-06 FY 06-07 FY 07-08 FY 08-09 Criminal Justice Estimating Conference, 9/29/09

45.0% 40.0% 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% Year-and-a-day and year-and-a-month sentences as percent of total: Hillsborough County Jul 04 Sep Nov Jan 05 Mar May Jul 05 Sep Nov Jan 06 Mar May Jul 06 Sep Nov Jan 07 Mar May Jul 07 Sep Nov Jan 08 Mar May Jul 08 Sep Nov Jan 09 Mar May Jul 09 Yr and day Year and month Criminal Justice Estimating Conference, 9/29/09

County felony case filings not correlated with prison admissions from counties 35,000 30,000 25,000 20,000 15,000 10,000 5,000 - Miami-Dade Miami-Dade Broward Broward Palm Beach Palm Beach Hillsborough Hillsborough Orange Orange Pinellas Pinellas Duval County Populations Miami-Dade 2,477,289 Broward 1,758,494 Palm Beach 1,294,654 Hillsborough 1,200,541 Orange 1,114,979 Pinellas 938,461 Duval 904,971 Lee 623,725 Polk 585,733 Brevard 556,213 Volusia 510,750 Pasco 438,668 Duval Lee Lee Polk Polk Breva Criminal Justice Estimating Conference, 9/29/09

Some counties respond to yearand-a-day critiques Criminal Justice Estimating Conference, 9/29/09

Cost saving recommendations relating to year-and-a-day sentencing Require written justification for prison sentences given to individuals with sentencing scores of 44 or less. Reclassify low level drug possession as a misdemeanor. Update value thresholds for felonies to reflect changes in inflation (such as the $300 threshold for felony theft). Reverse the fiscal incentive of sending people to state prison and reward counties for keeping them in the county (in jail or an alternative to incarceration).

New commitments: Up Other? FLORIDA NEW COMMITMENTS BY OFFENSE GROUP FISCAL YEAR 01-02 02-03 03-04 04-05 07-08 08-09 Violent 8,630 9,245 9,679 9,491 11,549 11,274 Property 7,289 8,083 9,108 8,903 11,149 11,307 Drugs 7,359 8,319 9,287 9,641 11,931 10,735 Other 2,576 3,011 3,564 3,930 5,862 5,417 Total 25,854 28,658 31,638 31,964 40,491 38,732 Criminal Justice Estimating Conference, 9/29/09

- Felony Driving While Suspended Cost saving recommendation: Amend the driving while suspended law to reduce the penalty from felony to misdemeanor when the reason for the suspension is inability to pay a financial obligation. 1,800 1,600 1,400 1,200 1,000 800 600 400 200 DWSL New Commitments Legislature limits reach of felony provisions 00-01 01-02 02-03 03-04 04-05 05-06 06-07 07-08 08-09 Criminal Justice Estimating Conference, 9/29/09

Time Served is Lengthening: Truth in Sentencing (85% rule Gain time slashed) In 1995, the Legislature enacted a requirement that individuals sentenced to prison must serve a minimum of 85% of their court-imposed sentence. Since imposition of 85% requirement, average time served in state prison has increased. Average time served FY 1994-95 27.3 months FY 2008-00 35.5 months Incentive gain-time is limited to up to 10 days per month. When the inmate's tentative release date becomes equivalent to the 85% minimum service date, the inmate is prohibited from earning further gain-time awards. Criminal Justice Estimating Conference, 9/29/09

Time Served is Lengthening: 10-20-Life Law Mandates mandatory minimum terms of imprisonment for the possession, discharge and causing injury or death with a firearm Possession of a firearm = 10 years Possession of a semi-automatic/machine gun = 15 years Discharge of a firearm (any type) = 20 years Discharge with great bodily injury or death = 25 years to life 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000-10-20-Life Admissions to Prison 154 762 1,454 2,216 3,098 3,935 4,788 5,772 6,963 8,316 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Criminal Justice Estimating Conference, 9/29/09

Steady increase in 10-20-Life Sentences 700 600 500 400 300 200 100 - FY 99-00 FY 00-01 FY 01-02 FY 02-03 FY 03-04 Sentences under 10-20-Life FY 04-05 FY 05-06 FY 06-07 FY 07-08 FY 08-09 Equal to or greater than 3 yrs but less than 10 yrs Equal to or greater than 10 yrs but less than 20 yrs Equal to or greater than 20 yrs but less than 25 yrs Equal to or greater than 25 yrs but less than LIFE LIFE Criminal Justice Estimating Conference, 9/29/09

Time Served is Lengthening: Abolition of Parole Florida abolished parole in 1983; the only people now eligible for parole are those sentenced for offenses committed prior to October 1, 1983. Of the 101,849 inmates in Florida prisons on June 30, 2010, only 5,531 or 5.4% of them remain parole eligible. Only 43 (or 0.1%) of the 36,463 inmates released from Florida prisons in FY 2009-10 were paroled. Florida Dept. Of Corrections Annual Report, FY 09-10

Cost Saving Recommendations Re: Sentence Length 1. Increase the maximum gain time accrual allowed. 2. Authorize the possibility of parole for certain offenders who were juveniles when sentenced. 3. Authorize the possibility of parole for certain elderly offenders.

Recidivism: Return to prison for a new offense or a technical violation Florida DOC 2010 Recidivism Study

Florida DOC 2010 Recidivism Study

Cost Saving Recidivism Reduction Recommendations 1. Expand electronic monitoring as alternative to prison sentences 2. Expand adult post-adjudicatory drug courts 3. Institute adult post-incarceration drug courts 4. Expand work release programs 5. Expand the Redirection program (juvenile) 6. Expand use of civil citations for juvenile misdemeanants 7. Develop evidence-based programs and policies proven to reduce recidivism 8. Implement Project Hope

Recidivism-reduction strategy of Project Hope Project HOPE outcomes Floridians under community supervision (mostly probation) Florida DOC Annual Report 08-09

Big Picture recommendations: 1. Corrections Policy Advisory Committee 2. Develop a Justice Reinvestment initiative Recommendations to relating to year-and-a-day sentencing and other short sentence 3. Require written justification for prison sentences given to individuals with sentencing scores of 44 or less Reclassify low level drug possession as a misdemeanor 4. Update value thresholds for felonies to reflect changes in inflation (such as the $300 threshold for felony theft) 5. Reverse the fiscal incentive of sending people to state prison and reward counties for keeping prisons locally (in jail or an alternative to incarceration) 6. Amend driving while suspended law to reduce the penalty from felony to misdemeanor when the reason for the suspension is inability to pay a financial obligation

Recommendations relating to sentence length 7. Increase the maximum gain time accrual allowed. 8. Authorize the possibility of parole for certain offenders who were juveniles when sentenced 9. Authorize the possibility of parole for certain elderly offenders 1. Recommendations relating to reducing recidivism 10. Expand electronic monitoring as alternative to prison sentences 11. Expand adult post-adjudicatory drug courts 12. Institute adult post-incarceration drug courts 13. Expand work release programs 14. Expand the Redirection program (juvenile) 15. Expand use of civil citations for juvenile misdemeanants 16. Develop evidence-based programs and policies proven to reduce recidivism 17. Implement Project HOPE

Thank you Linda Mills, JD President, Policy Catalysts LLC LMillsEsq@comcast.net