Right-Sizing America s Jail Population and Protecting Public Safety NCSL Boston August 8, 2017 Marc A. Levin, Esq. Director, Center for Effective Justice Texas Public Policy Foundation (TPPF)/Right on Crime (512) 472-2700, mlevin@texaspolicy.com www.texaspolicy.com, www.rightoncrime.com
TPPF Mission: Liberty, Individual Responsibility, Free Enterprise, Limited Government, Private Property Rights We apply these foundational principles to criminal justice, bringing together stakeholders and working with policymakers and allies across the spectrum.
Role for government should focus on addressing cases where on person harms another Least restrictive alternative to liberty necessary to address that harm should be used Address addiction and mental illness primarily as public health issues Individual victim s participation and goals such as restitution should be prioritized
Former AG Ed Meese, Speaker Newt Gingrich, Gov. Jeb Bush, Gov. Rick Perry, J.C. Watts, Grover Norquist, and Other Conservative Leaders Endorse Right on Crime Statement of Principles Statement Supports Reining in Growth of Non-Traditional Criminal Laws, Cost-Effective Alternatives for Nonviolent Offenders, Emphasis on Restitution and Treatment, and Performance Measures.
Favorably covered in numerous outlets such as:
National pretrial incarceration rate has tripled since 1970. Rural jail population has grown 888% over this time. During last decade, jail populations have dropped markedly in urban areas and slightly in suburban areas, but continued to skyrocket in rural areas and small cities.
Perverts order of justice process as half of people ultimately receive probation while others plea to time served even if innocent. Costs $13.6 billion per year Research by University of Cincinnati Professor Chris Lowenkamp and others has shown pretrial incarceration of more than 24 hours results in separation from employment, housing, and family, thereby increasing re-arrest rate.
Commercial bail didn t begin until 1898 Risk assessment proven more accurate than wealth in determining flight risk and re-arrest risk, particularly for violent offense Not a free-market system since no traditional consumer/seller relationship and forfeitures rarely paid in full In/out decision should be made without regard to person s wealth and then conditions should be set
Harris County has the nation s third largest jail with more than 9,000 inmates. Most are pretrial detainees who can t make bail. Many plead guilty for time served even if innocent. Federal court found that in more than two-thirds of cases, judges deny recommendation for pretrial supervision. Before court decision, 40% of misdemeanants couldn t make bail.
Ideally, DA, sheriff, etc. will agree on plans. MacArthur Safety and Justice Challenge sites from Tucson to Charleston, SC are already seeing positive results. Ensure mechanism for statewide data collection and jail monitoring. Variances in TX must specify efforts to reduce crowding. Put teeth in existing laws, such as Florida statute creating presumption of non-financial release for nonviolent defendants.
Kentucky adopted a pretrial risk assessment instrument on a statewide basis in 2013, enabling more defendants to qualify for supervised release prior to trial regardless of ability to pay. No drop in appearance rates and new offenses by those released prior to trial have dropped nearly 15 percent.
Jail population down 20% since beginning of 2017. 87% released, most with some form of monitoring, while 13% detained. Re-arrest rate in Newark only 3.2% and most is for minor crimes. Some tweaks have been made, including detention of those with serious weapons charges.
LEAD in Seattle that focuses on homeless drug and prostitution cases. Has reduced recidivism by 60% and saved millions on emergency room and jail costs. Florida youth civil citation program has 90% success rate, now expanded to adults. Other examples: detox/sobriety centers and 24 hour mental health crisis center.
A defendant cannot enter a plea to an offense subject to incarceration without representation and defense counsel is needed to argue for lower bail Miami and Seattle have adopted rapid appointment systems, usually within 24 hours Some jail savings can be reinvested in indigent defense
2017 Justice Management Institute study examines Comal County pilot program Majority of defendants opted to choose lawyer instead of being appointed one Participants 2.9 times more likely to plead to lesser charges or go to trial Participants met with their lawyer sooner Participants had stronger perceptions of fairness and impartiality
16% of Texas county jail admissions were for delinquent fines and fees. More than 600,000 Texas cases satisfied fines through jail credit last year. In 2017, Texas and Louisiana adopted legislation to preclude jailing of people who simply cannot afford to pay, providing for reductions commensurate with income and community service.