Wyoming Joint Judiciary Interim Committee May 8, 2018
Marc Pelka Deputy Director, State Initiatives
Ed Weckerly Research Manager
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The Council of State Governments is a national nonprofit, nonpartisan membership association of state government officials that engage members of all three branches of state government. The CSG Justice Center provides practical, nonpartisan advice informed by the best available evidence.
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The 50-State Summit on Public Safety provided more than 200 attendees from all 50 states with an opportunity to discuss public safety strategies. Representatives largely came from four areas:
Law Enforcement
State Legislators
Behavioral Health
Corrections Administrators
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The summit produced 70-page workbooks containing national and statespecific data on crime, arrests, recidivism, correctional populations, and other criminal justice system metrics.
The workbooks not only compiled a large amount of national data repackaged and presented in novel ways, but also included original research gathered from structured interviews conducted with all 50 states on such topics as •
Recidivism measures tracked and published;
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Risk assessment validation;
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Use of common identification numbers;
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Behavioral health screening;
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Supervision expenditures;
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Supervision revocation tracking; and
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Supervision officer training and evaluation.
Workbooks for Wyoming and the 49 other states are available at 50statespublicsafety.us/ CSG Justice Center
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Wyoming was selected to hold a state forum on public safety.
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Addresses from state leaders
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Presentations of Wyoming criminal justice and behavioral health system trends
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Panels comprising state and local officials as well as criminal justice system stakeholders
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Breakout discussions
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Development of public safety priorities
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Guidance for Wyoming’s justice reinvestment approach
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Overview •
Justice Reinvestment
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Criminal Justice Trends
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Next Steps
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A data-driven approach to reduce corrections spending and reinvest savings in strategies that can decrease recidivism and increase public safety. Supported by funding from the U.S. Department of Justice’s Bureau of Justice Assistance (BJA) and The Pew Charitable Trusts.
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Justice reinvestment includes a two-part process spanning analysis, policy development, and implementation. Phase I - Pre-Enactment
1
Bipartisan, Interbranch Working Group
Assemble practitioners and leaders; receive and consider information, reports, and policies
2
Data Analysis
Analyze data sources from across the criminal justice system for comprehensive perspective
3
Stakeholder Engagement
Complement data analysis with input from stakeholder groups and interested parties
4
Policy Option Developments
Present a policy framework to reduce corrections costs, increase public safety, and project the impacts
Phase II - Post-Enactment
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Policy Implementation
Identify needs for implementation and deliver technical assistance for reinvestment strategies
6
Monitor Key Measures
Monitor the impact of enacted policies and programs, adjust implementation plan as needed
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CSG has worked with 30 states, some twice, on a justice reinvestment approach to address criminal justice challenges.
CURRENT PHASE I CURRENT PHASE II PAST STATES
AR GA MA
CT
CT
CT
KS
AZ
NV
RI
MI
TX
VT
WI
NH
IN
HI
NC
OK
KS
OH
PA
WV
AL
MT
MO
ID
NE
ND
OH
MI
WA
PA
WY
RI
2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 CSG Justice Center
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State leaders are using justice reinvestment to address a wide array of criminal justice and behavioral health system challenges.
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Recent upticks in violent crime
•
Community substance use disorders, including the opioid epidemic
•
People with mental illnesses in the justice system
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High rates of recidivism
•
High cost of corrections
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Improving services for victims
•
Increase opportunities for people returning to communities from incarceration CSG Justice Center
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Increasing public safety is the focus of justice reinvestment. Reduce Recidivism: People who commit crimes are held accountable, receive the intervention needed to change their behavior, and do not reoffend. Build Trust
Repair Harm: Victims are safe, have access to help, understand how the criminal justice system works, see accountability, and heal.
Public Safety
Prevent Crime: A state utilizes policing strategies and public safety approaches to decrease crime and violence, not just reported incidents of crime.
Prevent Crime
Build Trust: Communities heavily impacted by crime and incarceration are supported, and any underlying conditions of distrust are directly addressed.
CSG Justice Center
Reduce Recidivism
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Repair Harm
Justice Reinvestment: North Carolina Projected Outcomes Baseline Projected Prison Population
45,000
43,220
$560M averted costs and savings by FY2017
Realized Outcomes
6,354 40,000
JR Projected Prison Population
36,663 Prison Population in 2005
38,264
fewer inmates in prison in FY2017 compared to baseline projection
11 prisons closed between 2011 and 2015
Required supervision
35,000
36,866 Actual Prison Population as of June 30, 2017
following prison
175 new probation officers in FY2014 and FY2015
65% 30,000
FY2005
FY2007
FY2009
FY2011
FY2013
FY2015
FY2017
Probation revocation reduction
Sources: Actual and baseline prison population projection from the North Carolina Sentencing and Policy Advisory Commission, Current Population Projections FY2010/11 to FY2019/20 (Raleigh: North Carolina Sentencing and Policy Advisory Commission, 2011); Justice Reinvestment Act projections by the CSG Justice Center; Recent population updates are based on North Carolina’s Automated System Query: http://webapps6.doc.state.nc.us/apps/asqExt/ASQ and on the Justice Reinvestment Performance Metrics report from 2016
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North Carolina faced huge prison growth and high rates of probation revocations to prison. Prison Population PROBATION SUPERVISION ü Require that people on probation be assessed for risk level, and supervise accordingly ü Allow for 90-day capped prison sanctions (dunks) for the probation and post-release supervision population in lieu of revocations; such responses must be used at least two times before a revocation is possible for technical violators, excluding absconders
Reinvestments
Public Safety
TECS ü The Treatment for Effective Community Supervision (TECS) prioritizes substance addiction treatment for people with high needs who are at high risk of reoffending
ADVANCED SUPERVISED RELEASE ü This program allows judges to impose a sentence that can be reduced in prison for people who comply with certain riskreducing programs
PROBATION SUPERVISION ü Increases number of probation officers by 175 and provides for officer training in evidencebased supervision practices
DELEGATED AUTHORITY ü Allow probation officers to respond to technical violations by imposing swift and certain sanctions of 2- or 3-day jail stays (dips), without first going to court for approval POST-RELEASE SUPERVISION ü Require people leaving prison to serve a mandatory period of post-release supervision of 9– 12 months
SMCP ü The Statewide Misdemeanant Confinement Program diverts misdemeanants to county facilities rather than prison to serve out sentences of 91–180 days CSG Justice Center
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North Dakota: Investing in Community-Based Behavioral Health Services Instead of Prisons Prison population growth driven by nonviolent offenses from the lowest felony class Prison population projected to increase 36 percent by FY2022 at a cost of $115 million in new contract beds. 62 percent of new offense admissions are from the lowest felony class, mostly property and drug offenses.
Ineffective responses to supervision violations
Need for community drug use treatment exceeds capacity
75 percent of people on probation or parole need substance addiction treatment. Supervision officers indicate long wait periods to access behavioral health treatment. As a result, supervision officers recommend about 1/3 of people on their caseloads for revocation each year.
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6th-highest rates of alcohol and drug abuse in the U.S. 43rd in behavioral health workforce availability. Enrollment in substance addiction treatment decreased 15% (2009–13).
North Dakota: Investing in Community-Based Behavioral Health Services Instead of Prisons
$7M of state dollars reinvested in providing up-front reinvestment in an innovative behavioral health plan
$500K of state dollars to expand the provider workforce
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Montana: Avoiding the high cost of recidivism and reinvesting in local public safety strategies Recidivism driving prison population growth
Officers unable to deliver adequate supervision to population
Front-end pressures driving local correction system growth
In 2015, 74 percent of people admitted to prison were revoked from supervision for technical violations or new crimes, the majority of which were drug or property crimes.
Long probation terms take officer resources away from the people who need them most—those on the first two years of supervision, when recidivism is most likely.
Increases in arrests, case filings, and the amount of time for a case to reach disposition all contributed to a growing jail population.
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Increase in drug arrests add pressure to jail and other local systems.
Montana: Avoiding the high cost of recidivism and reinvesting in local public safety strategies Apply swift and proportionate responses to supervision violations
Prioritize supervision resources for people most likely to reoffend
Limit the period of incarceration for people sanctioned for low-level violations to up to nine months.
Require supervision officers to request conditional discharge for people who comply with their terms of supervision.
Reinvest savings in the development of a risk-based pretrial supervision program for counties.
“We know if we give our probation and parole officers the tools they need to do their jobs effectively, and provide expanded access to diversion programs and reentry housing, we can prevent the types of crimes and violations that are causing so many people to return to prison and jail.� Senator Cynthia Wolken (Retired) CSG Justice Center
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Establish statefunded grant programs to help counties address local challenges
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Make the presentence investigation process more risk-based and expedited by increasing investigators. Support housing reentry strategies for people who are candidates for parole but lack housing options.
Overview •
Justice Reinvestment
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Criminal Justice Trends
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Reducing Crime and Strengthening Communities
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Breaking the Cycle of Reoffending
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Reducing the Cost of Corrections and Reinvesting in Public Safety
Next Steps
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Wyoming’s violent and property crime rates have remained lower than the national total for nearly all of the last 55 years. U.S. and Wyoming Property and Violent Crime Rates (Incidents per 100,000 Residents), 1960–2016
Wyoming (2016)
6,000
14th-lowest property crime rate 5,000
4,000
11th-lowest violent crime rate U.S. Property Crime Rate -52% since 1990
3,000
2,000
1,000
Wyoming Property Crime Rate -50% since 1990 U.S. Violent Crime Rate -47% since 1990
Wyoming 0 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015
Sources: FBI, Crime in the U.S., 2006–2016.
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Violent Crime Rate -19% since 1990
Although Wyoming’s violent crime was largely the same in 2006 and 2016, there was an uptick between 2014 and 2016. Violent Crime Rate in Wyoming (Incidents per 100,000 Residents) by Offense Category, 2006–2016
Overall Violent Crime Rate in Wyoming (Incidents per 100,000 Residents), 2006–2016
300
291
284 250 200 150 100
+2%
50 0 2006
Homicide
4.0 3.5
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
• Wyoming’s homicide rate doubled between 2006 and 2016, which was the second-largest increase in the country during that period, however the volume was extremely low increasing from 9 to 20 homicides. Wyoming’s homicide rate was still 36 percent below the U.S. homicide rate. • Following a 28-percent decline in the rate of robberies between 2006 and 2016, Wyoming had the lowest robbery rate in the country in 2016, down from the second-lowest rate in 2006.
40 35
3.0
30
2.5
25
2.0
20
1.5
15
1.0 0.5
10 5
+100%
0.0 2006 2008 2010 2012 2014 2016
Robbery 18 16 14 12 10 8 6 4 2 0 2006 2008 2010 2012 2014 2016
-28%
Sources: FBI, Crime in the U.S., 2006–2016.
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Rape
-6%
0 2006 2008 2010 2012 2014 2016
250
Aggravated Assault
200 150 100 50
-1%
0 2006 2008 2010 2012 2014 2016
Violent crime trends varied across population areas, with a notable increase in non-metropolitan areas. Overall Violent Crime Rate in Wyoming (Incidents per 100,000 Residents) by Population Area, 2006–2016
2006 2016
+7%
215
Metropolitan Areas (population of 50,000+)
229
307
Micropolitan Areas 270
(population of 10,000–49,999)
168
Non-Metropolitan Areas
222
(population of fewer than 10,000)
-12% +32%
Micropolitan population areas had the largest volume of reported violent crimes in 2016
Metropolitan
413
Micropolitan Non-Metropolitan
Sources: FBI, Crime in the U.S., 2006–2016.
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663 354
Wyoming’s property crime rate dropped by a third, falling in all categories.
3,500 3,000
Property Crime Rate in Wyoming (Incidents per 100,000 Residents) by Offense Category, 2006–2016
Overall Property Crime Rate in Wyoming (Incidents per 100,000 Residents), 2006–2016 2,981
Burglary
500
2,500
Larceny
2,500
1,957
400
2,000
1,500
300
1,500
1,000
200
1,000
2,000
-34%
500 0 2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
• Burglary and larceny rate trends have generally continued downward and Wyoming still enjoys the 9th lowest burglary rate and 19th lowest theft rate in the country. • Motor vehicle thefts increase from 2014 to 2016. The rising rate was caused by an increase of about 200 incidents but Wyoming still ranks 41st among states in motor vehicle theft rate.
-33%
100
0 2006 2008 2010 2012 2014 2016
160
Motor Vehicle Theft
140 120 100 80 60 40
-9%
20
0 2006 2008 2010 2012 2014 2016 Sources: FBI, Crime in the U.S., 2006–2016.
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500
-36%
0 2006 2008 2010 2012 2014 2016
Responding to drug activity is driving a growing volume of law enforcement arrests in Wyoming. Wyoming’s 42-percent increase in the number of drug arrests was the 8th-largest increase in the country.
Drug Arrests in Wyoming (Volume), 2006–2016 5,000 4,500 4,000 3,500
Drug arrests are defined as state and/or local offenses relating to the unlawful possession, sale, use, growing, manufacturing, and making of drugs.
3,000 2,500 2,000 1,500
+42%
1,000 500 0 2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
Violent Index
2016
Property Index
Drug Other
Sources: FBI, Crime in the U.S., 2006–2016.
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DUI
Drug-related offenses constituted 16% of all arrests in 2016.
Reducing Crime and Strengthening Communities Discussion
Takeaways •
Wyoming’s reported violent and property crime rates are below the national average.
•
Wyoming’s violent crime experienced upticks between 2014 and 2016 with variation across population area.
•
Drug arrests increased 42 percent, the eighth-highest increase in the U.S., between 2006 and 2016.
Discussion •
What are key questions to explore with criminal justice system stakeholders, such as law enforcement executives, related to available data?
•
What data sources should CSG Justice Center staff examine to receive more detailed information about crime patterns and trends? CSG Justice Center
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Overview •
Justice Reinvestment
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Criminal Justice Trends
•
•
Reducing Crime and Strengthening Communities
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Breaking the Cycle of Reoffending
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Reducing the Cost of Corrections and Reinvesting in Public Safety
Next Steps
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Use risk and needs assessments to inform key supervision and programming decisions.
Low Risk
Mod/High Risk
Risk Assessment Treatment Assessment
Low to High Treatment Needs
Low to High Treatment Needs
Standard Supervision
Enhanced Supervision
Standard Treatment
Enhanced Treatment CSG Justice Center
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Interventions
To reduce recidivism, target the central eight risk factors.
This research is part of the risk-need-responsivity (RNR) principles that inform what works to reduce recidivism.
Employment & Education Antisocial Thinking
Antisocial Behavior
Substance Addiction
Criminal Behavior
Antisocial Personality
Family
Antisocial Peers
The Big Four risk factors are the most predictive of future criminal activity. Programs targeting these needs can significantly lower recidivism rates.
Leisure
Source: James Bonta and Don A. Andrews, Risk-Need-Responsivity Model for Offender Assessment and Rehabilitation (Ottawa: Public Safety Canada, 2007);
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Adherence to RNR principles is especially important to the effectiveness of community corrections as a recidivism-reduction strategy. Characteristics of Intensive Supervision Programs Only
Effect Size Of Different Supervision Programs On Recidivism Reduction As Determined by Inventory of Evidence-Based and Research-Based Programs for Adult Corrections as of December 2013
• Surveillance focus • One-size-fits-all approach • Contact frequency as a key performance measure for officers
Intensive Supervision Program Only
0.016
• Use of incarceration as primary sanction • Proportionality of sanctions not prioritized • Little consideration of criminogenic “needs”
Intensive Supervision Program + Treatment
-0.205
Characteristics of RNR Supervision • Assessing risk/needs
Risk Needs Responsivity Supervision
-0.267
• Focusing on higher-risk people on parole • Balancing supervision and treatment
-0.3
-0.2
-0.1
0
• Using incentives and rewards
0.1
• Involving people on supervision in process
Increased Recidivism Reduction
• Responding to violations in swift and consistent manner • High-quality CBI programming
Source: Washington State Institute for Public Policy. Benefit Cost Results: Adult Criminal Justice System. June 2016. http://wsipp.wa.gov/BenefitCost?topicId=2
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Wyoming’s overdose death rate increased 66 percent between 2006 and 2016. Drug Overdose Death Rate (per 100,000 Residents), 2016*
AK
fewer than
10
VT
drug overdose deaths
WA
10 to 19
MT ID
drug overdose deaths OR
20 to 29
WY NV
CA
drug overdose deaths
ND
MN
SD
UT AZ
WI
MI
IA NE
CO
IL MO
KS
IN KY
AR
NY OH
WV TN
PA
MD
VA
ME NH
MA NJ
RI
Percent Change in Drug Overdose Death Rate by State (per 100,000 Residents, 2006–2016)*
CT
NM
drug overdose deaths
OK
LA
MS
AL
TX
DE 196
NC SC 152 155
GA
HI
138 139 139
FL
124
82 82 82
36 30 32 33 33
-8
0
7
228
181
30 or more
6
248
43
53 49 51
65 65 66 67 61 63
86 88
93
100 103
109 109 109 112
73
19 21 15 16 17 17 17
OR MS TX WA MT NM CA KS UT NE NV CO LA OK AR AZ SC GA AK TN
IA
ID
FL SD WY NC
IL MO VT WI AL
*Age-adjusted death rates. Source: CDC, Increases in Drug and Opioid-Involved Overdose Deaths, United States.
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RI
KY HI
IN
MI VA NY MN MA CT ME NJ MD WV PA OH DE NH
Wyoming’s rate of return to prison, which is among the lowest in the country, increased in groups of people released from prison more recently. In a earlier national comparison of reincarceration rates, Wyoming had the second-lowest rate in the country (25 percent) among 2004 releases from prison.
Wyoming Three-Year Reincarceration Rates by Prison Release Year, FY2011–2013*
40% 35% 30%
30%
31%
2012
2013
26%
25% 20% 15% 10% 5% 0% 2011
* Defined as the percentage of people released from Wyoming Department of Corrections who return to prison for any reason within three years of release. Wyoming measures probation recidivism, but only following successful completion of probation, not from the date at which people start probation. Therefore, probation recidivism figures are not presented here. See source for more details on methodology and other recidivism analyses not shown above. Source: https://docs.google.com/a/wyo.gov/viewer?a=v&pid=sites&srcid=d3lvLmdvdnxkb2N8Z3g6NTY3Nzc5NTYzODViMWNmNQ http://www.pewtrusts.org/~/media/legacy/uploadedfiles/pcs_assets/2011/pewstateofrecidivismpdf.pdf
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Every state now tracks and publishes at least one measure of recidivism for people exiting prison, but few states track across multiple measures or for probation populations. VA
WA
WV
WI WY AL AK
AZ
AR CA
VT
CO
UT
States Tracking and Publishing Recidivism
CT DE
TX
FL
TN
GA
SD SC
Percent of states that report tracking and publishing recidivism data for people released from prison by: Rearrest
Reconviction
Reincarceration
HI
RI
ID
PA
IL
OR
IN IA
OK
KS
OH
25%
30%
96%
KY
NC
LA
NY
ME
NM NJ
VA
NV
MI NE MT MO MS MN
WV
WI WY AL AK AZ
AR CA
VT
MD NH
WA
CO
UT
MA
CT DE
TX
FL
TN
GA
SD SC
Percent of states that report tracking and publishing recidivism data for people starting probation by:
Rearrest
Reconviction
Incarceration
HI
RI
ID
PA
IL
OR
IN IA
OK
KS
OH
12%
10%
14%
KY
NC
LA
NY
ME
NM NJ
MD NH
Sources: CSG Justice Center, structured interviews, Aug. 2017.
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NV
MI NE MT MO MS MN
MA
Breaking the Cycle of Reoffending Discussion Takeaways •
Effective use of the risk, need, responsivity principles are associated with lower recidivism.
•
Wyoming's rate of return to prison, which is among the lowest in the country, increased between 2011 and 2013.
•
Expanding recidivism analysis, including real-time measures, can create more current and nuanced understanding of different kinds of recidivism to inform policy and budget decisions.
Discussion •
What are key questions to explore with criminal justice system stakeholders, such as probation and parole officers and community program and treatment providers, related to recidivism?
•
What data sources in Wyoming should CSG Justice Center staff examine to receive more detailed information about recidivism trends? CSG Justice Center
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Overview •
Justice Reinvestment
•
Criminal Justice Trends
•
•
Reducing Crime and Strengthening Communities
•
Breaking the Cycle of Reoffending
•
Reducing the Cost of Corrections and Reinvesting in Public Safety
Next Steps
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Wyoming’s prison, parole, and probation populations have increased in recent years. Correctional Populations in Wyoming, 2005–2015 9,000
+18%
8,000
prison population
7,000 6,000
+33%
5,000
parole population
4,000
+6%
3,000 2,000
probation population
1,000 0 2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
• The prison population in Wyoming increased 18 percent between 2005 and 2015, the sixth-largest increase in the country during this period. In 2015, Wyoming had the 21st-highest incarceration rate in the U.S. • Wyoming’s 33-percent increase in the parole population was the 16th-largest increase in the country between 2005 and 2015.
Source: BJS, Correctional Statistical Analysis Tool (CSAT).
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Wyoming’s prison population has grown 12 percent in the last 10 years, the ninth-largest percentage change among states.
40%
ND AR WV NE AZ KY MN SD WY PA OK OR NM TN KS WA MO FL NV NC MT OH ID VA NH IA AL GA LA IN WI DE UT TX MS IL RI ME MA SC MD CO HI NY MI CT VT CA NJ AK
Prison Population Percentage Change, 2006-2016
30% 20%
+12%
10% 0% -10% -20% -30% -40% Sources:BJS Corrections Statistical Analysis Tool, http://www.bjs.gov/index.cfm?ty=nps
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Wyoming’s prisons are nearly at capacity, and both the prison population and supervision population are projected to grow. Wyoming Historical and Projected Prison Population, FY2007–FY2021
Wyoming Historical and Projected Supervision Population, FY2007–FY2021 8,000
2,500 2,186
2,249 6,852
7,000 2,000
6,826
1,902
6,455
6,000
1,500
+15%
+3%
5,000
-5%
+6%
4,000 1,000
3,000 2,000
500 1,000 0 FY07 FY09 FY11 FY13 FY15 FY17 FY19 FY21
0 FY07 FY09 FY11 FY13 FY15 FY17 FY19 FY21
Sources: Wyoming Prison and Supervision Projections, July 2017.
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In FY2017, more than half of prison admissions were due to supervision revocations. WYDOC Prison Admissions by Type, FY2012–2017
1,111 1,025
1,007
1,011
938 300
245
158
205
482
505
FY2012
FY2013
281 128
Work Release Returns +13%
978 335
Probation Revocations +19%
245
Parole Revocations +91%
New Court Commitments -1%
304
253
180
208
498
478
463
478
FY2014
FY2015
FY2016
FY2017
Sources: Sources: Information provided to CSG Justice Center from WYDOC.
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Reducing the Cost of Corrections and Reinvesting in Public Safety Discussion Takeaways •
Wyoming had the ninth-largest growth in its prison population among states.
•
Supervision revocations comprise 52 percent of prison admissions.
•
Wyoming’s prison and supervision populations are forecasted to grow.
Discussion •
What are key questions to explore with criminal justice system stakeholders, such as probation and parole officers and corrections administrators, related to supervision and corrections trends?
•
What data sources should CSG Justice Center staff examine to learn more about factors driving supervision and correction populations and cost?
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Overview •
Justice Reinvestment
•
Criminal Justice Trends
•
Next Steps
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Wyoming Justice Reinvestment Timeline First Interim Committee Presentation May 8
Second Interim Committee Presentation State Forum on Public Safety June 11
May
Initial Analysis
Jun
Stakeholder Meetings re: Policy Options
Onsite Stakeholder Meetings
Jul
Aug
Sep
Oct
Detailed Data Analysis
Opening of Legislative Session
Third Interim Committee Presentation
Nov
Dec
Impact Analysis
Policy Option Development
Stakeholder Engagement
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Jan
Thank You Raquel Abu-Num, Policy Analyst radunum@csg.org Marc Pelka, Deputy Director of State Initiatives mpelka@csg.org Ed Weckerly, Research Manager eweckerly@csg.org Receive monthly updates about justice reinvestment states across the country as well as other CSG Justice Center Programs. Sign up at: CSGJUSTICECENTER.ORG/SUBSCRIBE This material was prepared for the State of Wyoming. The presentation was developed by members of The Council of State Governments Justice Center staff. Because presentations are not subject to the same rigorous review process as other printed materials, the statements made reflect the views of the authors, and should not be considered the official position of the Justice Center, the members of The Council of State Governments, or the funding agency supporting the work.