Facts and Trends
ii
• Despite mounting corrections spending, recidivism rates remain high and, in some states, have actually worsened. •
In 2008, more than 683,000 people were released from state prisons. A Bureau of Justice Statistics study estimated that half of these people would be reincarcerated within three years.
• Research has identified practices and programs that can effectively reduce recidivism. •
Policymakers often do not have information about which factors are driving crime, reoffense rates, and the growth of correctional populations. Most state policymakers make decisions about prison and public safety policies without comprehensive, independent analyses of their criminal justice data.
Federal Funding for the Justice Reinvestment Initiative Recognizing the early successes of these justice reinvestment efforts, Congress appropriated funding to the Bureau of Justice Assistance to create the Justice Reinvestment Initiative.
FY2010
$10 million
FY2011
$8.3 million
FY2012
$6 million
FY2013
$5.88 million
The Justice Reinvestment Initiative Background Over the past 20 years, state spending on corrections has skyrocketed—from $12 billion in 1988 to more than $52 billion in 2011. Declining state revenues and other fiscal factors are putting a serious strain on many states’ criminal justice systems, often putting concerns about the bottom line in competition with public safety. Strategies tested in many states, however, show that there are effective ways to address the challenge of containing rising corrections costs while also increasing public safety.
Justice Reinvestment Works Justice reinvestment is a data-driven approach to reduce corrections and related criminal justice spending, and reinvest savings in strategies that improve public safety. By managing criminal justice populations more cost-effectively, states generate savings that are reinvested in evidence-based strategies to increase public safety while holding offenders accountable. With help from technical assistance providers, states that adopt a justice reinvestment approach collect and analyze data on drivers of corrections costs and prison population growth, identify and implement changes to increase efficiencies, and measure both the fiscal and public safety impacts of those changes. Because of the federal investment in the Justice Reinvestment Initiative, 18 states have adopted new policies slowing overall prison growth, and for some states, reducing the total prison population. Through justice reinvestment, states are projected to save as much as $4.6 billion.i
Justice Reinvestment Initiative States NH
OR
ID
SD PA
OH
FY2014 Omnibus $27.5 million
DE
WV KS OK
MO AR
KY
NC CS GA
LA
HI
March 2014
March 2014
Justice Reinvestment in Action: Selected Case Studies Georgia: Between 1990 and 2011, Georgia’s prison population more than doubled, which prompted state leaders to seek assistance for justice reinvestment. In 2012, the General Assembly unanimously passed justice reinvestment legislation that codified changes to sentencing practices, strengthened supervision, and improved the quality and accountability of all aspects of the justice system. Once fully implemented, these policies are expected to reduce the prison population by nearly 5,000 over 5 years, saving the state at least $264 million.
Hawaii: Between 2000 and 2011, Hawaii’s prison and jail population increased by 18 percent, despite a significant decrease in index crime and fewer felony sentences to prison. To address this growth, Hawaii contracted with mainland facilities to house approximately one-third of its prisoners, costing the state more than $40 million in FY2010. In May 2012, policymakers passed two pieces of legislation that required the use of a pretrial risk assessment tool, reduced sentences for certain parole violations and drug offenses, expanded the parole board, and enhanced community-based treatment and victims’ services. Hawaii is projected to avert an estimated $130 million in corrections spending between FY2013 and FY2018.
Idaho: Between 2008 and 2012, the state’s prison population increased by 10 percent and was projected to grow an additional 16 percent by FY2019. Accommodating an increased population over this time period would cost Idaho an estimated $288 million in operating and construction costs. In March 2014, SB 1357 passed unanimously in both houses of the legislature and was signed into law. This bill addresses the primary drivers of Idaho’s prison population growth by strengthening supervision, improving diversion programs, and structuring release decision-making. These policies are designed to avert the forecasted growth and, depending on the speed and degree of implementation, to avert between $221 and $288 million in estimated prison construction and operating costs. Idaho policymakers also provided an up-front “reinvestment” of nearly $4 million to support new probation and parole officer positions, enhance the skills of the supervision workforce, and expand treatment capacity.iii
Kansas: In 2012, Kansas’ prison population was projected to grow 23 percent by 2022. With prisons already over capacity, this growth would have cost Kansas taxpayers more than $125 million in prison construction and operating costs. A year later, the state passed justice reinvestment legislation that focused on strengthening supervision and expanding access and funding for substance use and mental health treatment. These policies are expected to avert prison construction and operating costs by slowing prison growth from 9 percent to 4 percent by 2018.
North Carolina: In 2011, North Carolina faced rising corrections costs and a prison population projected to grow 10 percent over the next decade. In response, state lawmakers passed comprehensive legislation that focuses supervision and treatment resources where they can have the greatest impact. Probation officers are now empowered to employ swift and certain sanctions that cost effectively hold offenders accountable, and the Department of Public Safety is required to concentrate supervision resources on high-risk individuals. The legislation also provides incentives for offenders who participate in treatment programs and expands an existing felony drug diversion program. As a result of these reforms, North Carolina is expected to generate $560 million in averted costs and cumulative savings by 2017.
Pennsylvania: Between 2007 and 2011, Pennsylvania’s prison population had increased 12 percent, resulting in overcrowded prisons and plans to build new facilities. In 2012, policymakers enacted legislation to expand recidivism-reduction programs and strength community corrections, divert low-level misdemeanants from prison, and revise parole board policies. Pennsylvania is now projected to reduce the state’s prison population by more than 1,200 inmates, saving the state $139 million by 2018. A portion of the savings will be reinvested in local law enforcement, probation and parole, and victims’ services.
West Virginia: Between 2000 and 2009, the number of people in West Virginia’s prisons increased at a rate triple the national average. The prison population was expected to increase 24 percent by 2018. In 2013, West Virginia policymakers enacted SB 371, which strengthens supervision, reduces parole delays, improves substance abuse treatment, and expands drug courts. These policies are expected to effectively address the drivers of growth and eliminate the need to spend more than $286 million to build and operate more prisons.
Notes i. All figures and data in this section are attributed to Urban Institute, Justice Reinvestment Initiative: State Assessment Report, (Washington, DC: Urban Institute, January 2014). ii. National Association of State Budget Officers, Fiscal Year 2008 State Expenditure Report, (Washington, DC: National Association of State Budget Officers, 2009); Public Safety Performance Project, Public Safety, Public Spending:
Forecasting America’s Prison Population 2007–2011, (Washington, DC: The Pew Charitable Trusts, 2007); U.S. Department of Justice, Bureau of Justice Assistance, “Recidivism of Prisoners Released in 1994,” NCJ: 193427 (Washington, DC: U.S. Department of Justice, 2002); U.S. Department of Justice, Bureau of Justice Assistance, “Trends in State Parole, 1990–2000,” NCJ 184735
(Washington, DC, U.S. Department of Justice, 2001). Adam Gelb, Presentation at the National Summit on Justice Reinvestment. Washington, DC, January 27, 2010. iii. Idaho began implementing its justice reinvestment policies in March 2014 and therefore was not included in the Urban Institute’s January 2014 report.