Criminal Justice Reform and Reinvestment In Georgia 2011-2017 Michael P. Boggs, Justice Supreme Court of Georgia Co-Chair Georgia Council on Criminal Justice Reform State Judicial Building Atlanta, GA 30334 (404) 656-3472 boggsm@gasupreme.us Rev. 9/2017
Perspective If we did nothing 1990-2011 prison population doubled to 56,000/Since 2000 +35% 1:70 adults behind bars/national average 1:100 (Ga. 4 th highest rate) Prisons were at 107% capacity with a $1.1b DOC budget and 30% recidivism rate despite that violent and property crime had fallen over the past decade by 20 and 21% respectively Projected Prison Growth of 8% by 2016 to almost 60,000 Additional $264 million to expand capacity Drug and property offenders accounted for 60% of all admissions and the average length of stay tripled between 1990-2010 Other Drivers In 2010, more than 5,000 low-risk drug and property offenders were sentenced to the Department of Corrections, accounting for 25% of all admissions State Rate of Correctional Control: Pew s 1 in 30 Report Georgia ranked last with 1 in 13 Source: Report of the Special Council on Criminal Justice Reform for Georgians November 2011 2
Criminal Justice Reform Year 1-2012 Adult Sentencing Reform/Expand Accountability Courts Year 2-2013 Juvenile Justice Reform/Code Rewrite Year 3-2014 Adult Reentry Year 4-2015 Misdemeanor Probation Reform Year 5 2016 Criminal Records/Recidivist Sentencing Year 6 2017 Probation Reform 3
Criminal Justice Reform Substantial Policy Initiatives Requiring Legislation Changed felony threshold for burglary, theft & forgery from $500 to $1,500 Moved to weight-based drug sentencing Mandated the electronic submission of sentences Created the Department of Community Supervision Establishment of mandatory minimum safety valves Drug trafficking if certain specific provisions are met Truth in pleading certain sex offenses Certificates of program and treatment completion Presumption of due care in hiring, retaining, licensing, leasing to or admitting to a school program Conditional drivers licenses for accountability court participants Expanded parole eligibility for non-violent drug recidivists Mandated use of Evidence-Based programs in DOC Reclassified the Designated Felony Act and prohibited the placement of juvenile status offenders and misdemeanants from secure confinement 4
Criminal Justice Reform Policy Initiatives Requiring Executive/Administrative Action Capping length of stay in Probation Detention Centers at 180 days conversion of underutilized PDCs to RSAT beds Automation of Pre-Sentence Assessments Pre-Release Center Conversions Adopted 5-year strategic Re-Entry Plan to include improved programing, strategic transitioning, prison in-reach for MH services, housing coordinators and job placement coordinators. Also permit DTAE course credit transfers and HS Diploma Day Reporting Center Lite Pilot Program Creative solution for rural areas Probation Options Management (POM) Matching the appropriate supervision level to the offender Appropriations to date, over $65 million in new state appropriations $20 million++ per year for expanding and strengthening accountability courts Combination of $5 million (state) and $1 million (federal) per year for local juvenile justice incentive grants $10 million per year for education (technical and GED) in Department of Corrections $3 million per year for reentry services at Department of Community Supervision 5
Georgia Prison Population 2012-2016 56,000 55,000 54,895 54,389 54,273 Prison Population 54,000 53,000 52,000 51,000 50,000 49,000 52,837 HB 1176 53,637 HB 349 HB 1176 - Weight Based Drug Sentencing Phase I - July 2013 Phase II July 2014 52,998 52,131 51,547 SB 365 51,848 52,277 51,822 52,177 Population January 31, 2017: 52,806 Source: Georgia Department of Corrections
Georgia experienced a decrease in the state prison population in recent years Georgia Department of Corrections Population and Projections, FY-end 2011 2020 60,000 58,000 56,000 54,000 52,000 50,000 48,000 46,000 44,000 42,000 52,804 Prison Population in 2011 GDC population had grown 21% from 2000 2011 52,045 Prison Population as of June 30, 2015 59,684 GDC population was projected to grow 8% from 2011 2016 53,100 Baseline Projected Prison Population for FY2020 The most recent prison population projection anticipates only 2% growth over the next five years. 40,000 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Fiscal Year-end Source: Applied Research Services, Inc. Annual Prison Population Projection Council of State Governments Justice Center
While Georgia s crime rates have decreased steadily since 2008, the overall crime rate ranks 8 th -highest in the U.S. 600 500 400 446 Georgia Reported Violent Crimes, 2005 2014 377 5,000 4,000 3,000 4,145 Georgia Reported Property Crimes, 2005 2014 3,281 State Rankings: Total Index Crimes South Carolina(4 th ) Florida(5 th ) 300 200 Violent Crime Rate Down 15% 2,000 Property Crime Rate Down 21% Tennessee (7 th ) Georgia (8 th ) 100 1,000 Alabama(9 th ) 0 0 Texas (12 th ) N. Carolina (18 th ) Georgia has shown that it is possible to lower the prison population and the total index crime simultaneously Source: Uniform Crime Reports, Index Crimes and Arrests Council of State Governments Justice Center
Total Jail Population 46,000 44,249 44,000 Total Jail Population 42,000 40,000 38,000 36,000 34,000 32,000 March 2011 Jail Population: 41,628 Jail % of Capacity: 92% 38,742 HB 1176 36,259 37,004 HB 349 30,000 2009 2010 2011 2012 2013 2014 2015 2016 SB 365 January 2017 Jail Population: 34,697 72% Capacity 35,907 March 2016 Jail Population: 35,907 Jail % of Capacity: 75% Source: GA Dept. of Community Affairs Monthly Jail Report 9
Georgia Prison Commitments 22,000 21,000 Annual Commitments to Georgia Prison 2000-2015 21,655 21,410 20,903 20,882 20,956 20,547 Commitments 20,000 19,000 18,000 17,837 17,589 19,001 19,495 19,363 Commitments High Point 19,076 18,305 18,747 18,305 18,139 17,000 2015 saw the lowest number of overall commitments since 2002 HB 1176 SB 365 16,000 HB 349 15,000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Source: Georgia Department of Corrections
Georgia Prison Commitments Racial Composition 2009-2016 Calendar Year Total Commitments African American Caucasian 2009 21,651 13,369 7,294 2014 18,747 10,575 7,498 2015 18,037 9,983 7,587 2016 18,305 10,005 7,759 Change 2009-2016 -15.5% -25.2% 6.4% Change 2014-2016 -2.35% -5.4% 3.4% While overall prison admissions dropped 15.5% between 2009 and 2016, commitments of African Americans dropped 25.2% (2015: Men -24.3%,Women -37.6%) The number of African Americans entering the prison system in 2015 (9,983) was its lowest since 1988. Source: Georgia Department of Corrections.
Recidivism Rates Since 1972 40.00% 37.3% 39.6% Recidivism Rate 35.00% 30.00% 25.00% 24.9% 32.4% 32.8% 30.6% 29.5% 28.3% 27.8% 28.1% 26.55% 26.2% 20.00% 21.8% 15.00% 1973 1975 1977 1979 1981 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009 2011 2013 Three-year felony reconviction rates of prisoners released 1973-2013 Source: Georgia Department of Corrections. All inmate facilities. Rev. 1/10/2017
6,000 5,315 5,000 4,000 3,000 2,000 2,492 1,000 0 907 517 20-Mar-09 20-Jul-09 20-Nov-09 20-Mar-10 20-Jul-10 20-Nov-10 20-Mar-11 20-Jul-11 20-Nov-11 20-Mar-12 20-Jul-12 20-Nov-12 20-Mar-13 20-Jul-13 20-Nov-13 20-Mar-14 20-Jul-14 20-Nov-14 20-Mar-15 Jail Backlog 20-Jul-15 20-Nov-15 20-Mar-16 Jail Backlog/Awaiting Pickup July 2012 - E-Portal Becomes Law Jan 2013 All Clerks begin using E-Portal HB 1176 Awaiting Pickup = Any state sentenced inmate serving jail time (Sherriff s Count) Jail Backlog = Court orders received and certified by GDC (GDC Count) Source: Georgia Department of Corrections
FY 2009-2016 Jail Subsidy $30,000,000 $25,000,000 $25,162,434 $25,008,566 Jail Subsidy $20,000,000 $15,000,000 $10,000,000 HB 1176 July 2012 - E-Portal Becomes Law Jan 2013 All Clerks begin using E-Portal $7,448,914 $5,000,000 $0 $40,720 $5,760 $660 2011 2012 2013 2014 2015 2016 Source: Georgia Department of Corrections
Length of Stay Cap Effect on PDC Backlog 800 700 600 500 400 300 200 100 July 2012 HB 1176 Effective June 2013 Male PDC flipped To Female PDC By statute the counties receive no jail subsidy for these cases. July 2015 Male & Female PDC flipped to RSATs Male Female Total 0 Jan-16 Jan-12 Mar-12 May-12 Jul-12 Sep-12 Nov-12 Jan-13 Mar-13 May-13 Jul-13 Sep-13 Nov-13 Jan-14 Mar-14 May-14 Jul-14 Sep-14 Nov-14 Jan-15 Mar-15 May-15 Jul-15 Sep-15 Nov-15 Awaiting Entrance to PDC HB 1176 capped PDC Length of Stay at 180 days Source: Georgia Department of Corrections
Violent vs. Non-Violent Prison Trends Percentage of Prison Population 70% 60% 50% 40% 30% 20% 1999-12 Violent Non-Violent 57% 57% 58% 60% 60% 62% 60% 59% 60% 61% 43% 43% 42% 41% 40% 38% 40% 41% 40% 40% 2000-12 2001-12 2002-12 2003-12 2004-12 2005-12 2006-12 2007-12 2008-12 2009-12 63% 64% 63% 37% 36% 37% 35% 2010-12 HB 1176 2011-12 2012-12 65% 67%67% 5 % Growth since 1999 4% Population Percentage - 2000-2015 by Violent / Non-Violent 2013-12 33% 33% 2014-12 Year-Month Source: Georgia Department of Corrections
Juvenile Justice Fiscal Incentive Grant Year Two Evaluation Report July 2014 June 2015 3000 2500 2603 In FY 2014, there was a 62% reduction in out-of-home placements from the baseline. 3000 2500 2664 In FY 2015, there was a 54% reduction in out-of-home placements from the baseline. 2000 2000 1500 1500 1000 989 1000 1227 500 500 0 Baseline Total Out-of-Home Placements Total Out-of-Home Placements 0 Baseline Total Out-of-Home Placements Total Out-of-Home Placements 29 Courts (51 Counties), serving 70% of Georgia s total at-risk population. Source: Carl Vinson Institute of Government, Year Two Evaluation Report, (2013-2014).
Source: Georgia Department of Juvenile Justice. Juvenile Justice
2016 Recommendations SB 367 Restoring the Intent of the 1 st Offender Act Discharge by operation of law after FOA sentence terminates No Administrative GCIC Dispositions without judicial intervention Permitted judicial discretion to seal FOA records on plea vs. at sentence conclusion Permitted retroactive application of FOA sentences for those eligible defendants who were not adequately informed Added Possession of Alcohol by a Minor ( 35-3-35) as eligible for FOA plea Prohibited FOA plea for those charged with human trafficking, abuse of the elderly or abuse of the disabled
2016 Recommendations SB 367 Misdemeanor Probation Reform Mandated conversion of fine to community service Established Presumption of Indigencyfor those developmentally disabled or totally and permanently disabled, those who earn less than 100% of the Federal Poverty Guidelines or those released from incarceration within past 12 months and who were incarcerated for more than 30 days. Authorized tollingof misdemeanor sentences with due process protections (affidavit). Anderson v. Sentinel Established pay-only probation with three month cap on fees and automatic termination of probation upon payment Modified revocation processto ensure no pre-arrest incarceration for failure to payand capped revocation period to 120 days and mandated affidavit for failure to report warrant. Under consecutively imposed sentences mandate probation officer motion to terminate upon successful probation period.
2016 Recommendations SB 367 Secure Juvenile Detention: Youths 13 and Under - Detentions 2011: 3 2012: 19 54% charged with a felony 2013: 75 46% charged with a misdemeanor, 2014: 225 technical and status charges. 2015: 450 Restrict secure short-term detention for all youth ages 13 and under, except for SB440 and Serious Felonies. Source: Georgia Department of Juvenile Justice
2016 Recommendations SB 367 School Disciplinary Procedures Amend statute dealing with disruption of or interference with the operation of public schools to require a plan of progressive discipline Provide for increased training for school disciplinary hearing officers Mandate the use of a MOU in systems employing the use of School Resource Officers Recidivist Sentence/Parole Eligibility -Limited parole eligibility for those convicted of possession pursuant to O.C.G.A. 16-13-30 (a) and sentenced to a mandatory (non-parole eligible) sentence as a recidivist. Companion to 2015 16-13-30(b) eligibility legislation. Miscellaneous - Created two additional Accountability Courts: A Family Dependency Treatment Court and an Operating Under the Influence Court; - Permitted Judges to issue limited driving permits for Accountability Court Participants; - Prevent State Professional Licensing Boards from revoking or refusing to issue a license solely on a persons conviction, arrest or charge unless the felony relates to the occupation - Modified and the Federal Ban on Foods Stamps for those with a drug conviction by opting out of the ban for all drug offenders except those convicted of trafficking
Georgia Probation 471,067 Probationers/6,161 per 100,000 residents (National Average 1,560 per 100,000) Ga. Places four-times as many adults on felony and misdemeanor probation per capita than the U.S. average 839 (Ga. 3710; Fla. 1004; DE 1663) Average Felony Sentence length is 6.3 years/los - 4.1 years CY2015 Felony placements - 45,835/Misdemeanors - 211,541 Do we put more people on probation in lieu of prison? 8 th highest prison incarceration rate per 100,000 adults 5 th highest jail incarceration rate per 100,000 adults Average Probation Length for Non-Violent probationer is 9.95 years/11.88 for Violent offender. Misdemeanor probation cases have fallen (-25% 216,946) but felony probation (23% 167,388) and parolee (9% 25,000) populations continue to rise
Despite a declining crime rate, Georgia s correctional control rate is the highest in the nation and significantly higher than comparable states National Rank Total Rate Probation Jail Prison Parole Georgia 1st 7,580 6,161 550 686 334 Texas 5th 3,490 1,938 340 792 556 Alabama Florida 16th 22nd 2,790 2,390 1,429 1,422 410 330 820 644 28 216 Probation drives the high rate of correctional control in Georgia Tennessee 26th 2,360 1,239 530 566 266 N. Carolina 34th 2,000 1,181 240 465130 S. Carolina 37th 1,910 931 290 552 139 All rates are per 100,000 adult residents, ages 18 years or older Source: Bureau of Justice Statistics, Correctional Populations in the United States, 2014, Probation and Parole in the U.S., 2014, Census of Jails: Population Changes, 1999-2013, and Prisoners in the U.S., 2014 Council of State Governments Justice Center
Georgia has the highest probation rate in the country almost 4 times the national probation rate U.S. Probation Rate 1,568 Source: Bureau of Justice Statistics, Probation and Parole in the US, 2014 Council of State Governments Justice Center
In the Southeast region, Georgia s prison rate is comparable to other states, but the probation rate is between 4 and 6 times higher than its neighbors Probation Rates, 2014 1,587 1,517 1,239 1,429 6,161 931 1,181 Probation and Prison Rates,* 2014 Southeastern States Probation Rate Prison Rate Georgia 6,161 686 Kentucky 1,587 615 Mississippi 1,517 788 Alabama 1,429 820 Florida 1,422 644 Tennessee 1,239 566 1,422 North Carolina 1,181 465 South Carolina 931 552 * All rates are per 100,000 adult residents, ages 18 years or older Source: Bureau of Justice Statistics, Prisoners in 2014, and Probation and Parole in the US, 2014 Council of State Governments Justice Center
2017 Legislation to Address Probation Behavior Incentive Date Early Termination of Probation SB174* As an incentive for good behavior, limit probation terms for people who demonstrate compliance with supervision. Upon the first conviction for nonviolent felony property or drug offenses, direct probation sentences would include a Behavioral Incentive Date (BID) not to exceed three years. Require the Department of Community Supervision (DCS) to file a petition to the court for early termination of probation sentences if the person remains in compliance with the terms of his or her supervision, achieves case plan objectives, has no new arrests, and has paid all restitution prior to reaching the BID. * Bill passed 156-0 in the House and 55-0 in the Senate
SB174 Continued Focus supervision resources on people at the beginning of their supervision terms to reduce caseloads and deliver more meaningful supervision. Permit DCS to exercise discretion as to whether to move a person on probation to unsupervised status after two years when any restitution ordered has been paid in full, regardless of whether other fines or fees are outstanding. Supervision resources will then be shifted to focus on people during the initial part of their supervision term, when they are most likely to recidivate. Improve the cost-effectiveness of responses to probation and parole violations. For people who received split sentences, require those on parole to follow probation conditions set by the judge in addition to any parole conditions set by the parole board, and enable officers to use responses to violations for people on parole similar to those they are allowed to use for people on probation.
SB174 Continued Improve the handling of legal financial obligations for people on felony probation, evaluate programming, and validate risk assessment instruments. Expand the conditions that allow a person to be classified as indigent, establish a rebuttable presumption of indigence, and require judges to waive legal financial obligations such as fines, fees, and surcharges or convert them into community service hours for felony sentences if a person is found to be indigent and has a significant financial hardship. Evaluate quality of programming in probation detention centers, RSAT programs, Integrated Treatment Facilities, DRCs, and DRC Lites at least once every five years. Require that risk assessment instruments used within the Georgia Department of Corrections (GDC) and DCS be revalidated at least once every five years.
Criminal Justice Reform Cost Savings/Avoidance 2012 - present In FY 2012 prior to enactment of reforms, the state paid $25,008,566 in jail backlog per diems. In FY 2016 the DOC had paid $660 in per diem. Prison Commitments in CY2012 were 19,801 and dropped to 18,472 in CY13l 18,696 in CY14; and 18,085 in CY15. Total of - 4,150. (Daily rate: $18,404). Accountability Court capacity has increased to nearly 8,400 participants. 2,095 were new diversions in FY15 Without changes, and 4,150 commitments, plus continued jail backlog, Georgia would have added costs of $76.3 million for those offenders over three years.
Recidivism Reduction Budget Appropriations 2013-2017 State Fiscal year 2013 2014 2015 2016 2017 Totals Accountability Courts $ 9,370,123 $ 157,153 $ 3,756,688 $ 3,880,000 $ 3,342,828 $ 20,506,792 Education -GED& Vocational $ 11,635,854 $ 5,668,227 $ 17,304,081 GA Prisoner Reentry Initative (PRI) $ 567,000 $ 2,386,869 $ 388,945 $ 3,342,814 Department of Corrections -JRI/RSAT $ 5,887,007 $ 15,257,130 $ 157,153 $ 4,323,688 $ 17,902,723 $ 9,400,000 $ 47,040,694 State Fiscal year 2014 2015 2016 2017 Juvenile Incentive Grants $ 5,000,000 $ 2,850,000 $ 1,120,000 $ 497,000 $ 9,467,000 Total Adult and Juvenile Additions $ 15,257,130 $ 5,157,153 $ 7,173,688 $ 19,022,723 $ 9,897,000 $ 56,507,694 Post 2013 Accountability courts $ 11,136,669 Other $ 20,646,895
Resources Georgia Council Reports: dcs.georgia.gov Menu Important Links Georgia Council on Criminal Justice Reform See: Related Files at the bottom of the page for PDF versions Issue Briefs covering 2012 and 2013 Recommendations and Legislation are available at the website of the Pew Center on the States: pewtrusts.org Menu Research and Analysis Issue Briefs and search for Georgia Issue Brief Misdemeanor Probation Bench Card: georgiacourts.org and search for Bench Card.