Fourth Presenta-on to the Commission on Sentencing Jus$ce Reinvestment in Montana: Summary of Analyses and Policy Op$ons Carl Reynolds, Senior Legal and Policy Advisor Karen Chung, Policy Analyst Andrew Barbee, Research Manager Grace Call, Senior Policy Analyst Marriah Vinson, Program Associate
Overview
01
Key Challenges
02
Goals
03
Policy Op$ons
04
Next Steps
REMINDER: Montana’s prison population is at capacity and is projected to continue to increase. Year End (FY) Actual and Projected Prison Population, 2008–2025 3,500
3,080 Projected Increase: 452
3,000 2,628
2,500
Current Prison Capacity 2,573
2,000 Actual
1,500
Projected
1,000 500 0
2008
2010
2012
2014
2016
2018
2020
2022
2024
Expanding capacity to address projected growth will cost the state tens to hundreds of millions of dollars over nine years. Council of State Governments Jus$ce Center | 3
REMINDER: The number and proportion of arrests involving revocations/violations/FTAs have increased significantly. Total Arrests, FY2009–2015 35,000 26,934
26,201
27,118
30,279
30,000 3,947 25,000
2,720
3,230
31,388 4,601
30,190
4,292
30,890 4,484
3,216
20,000
15,000
20,517 18,939 18,941
21,190
19,972
19,847
Total Number of Arrests Revocation/ Violation/FTA Arrests (8% to 15%)
Misdemeanor Arrests (70% to 64%)
Total arrests increased 12% from 2009. Revoca$on/viola$on/FTA arrests account for 45% of the increase in overall arrests.
Misdemeanor arrests increased 5% and account for 23% of the overall increase.
18,710
10,000
Felony Arrests (20% to 21%)
5,000 5,275
4,030
5,192
5,815
5,597
5,926
6,559
2011
2012
2013
2014
2015
Felony arrests increased 12% and account for 32% of the overall increase.
2009
2010
Source: Montana Department of Justice Arrest Data, FY2009–FY2015
Council of State Governments Jus$ce Center
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4
REMINDER: The increase in arrests is driven by recent steep increases in parole violations, probation violations, and especially failures to appear. Arrests for Proba$on and Parole Viola$ons, Revoca$ons, and Failure to Appear, FY2009–FY2015. 5,000
2,720
3,230
3,216
3,947
4,500
248 3,500 211 125 111 192
167 213 416
346
420
692
1,258
621
368 194
378 317
320
297
989
474
Bail/Bond Revocation (Raw increase of 109%) Parole Violation (Raw increase of 241%) Violate Release Conditions (Raw increase of 65%) Failure to Appear (Raw increase of 189%)
1,188 1,221
1,034
1,212
702
1,000 500
296
702
380
342 811
1,500
209
4,484 261
441
521
3,000
2,000
4,292
253
4,000
2,500
4,601
1,412
1,363
1,373
2010
2011
2012
1,671
1,414
1,327
2014
2015
Probation Violation (Raw increase of 75%)
Revocation Suspended / Deferred Sentence (Raw increase of 5%)
2009
2013
Source: Montana Department of Justice Arrest Data, FY2009 – FY2015
Council of State Governments Jus$ce Center
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5
REMINDER: Drug-related arrests have increased 62% and now account for 18% of all arrests. 6,000
Felony and Misdemeanor Arrests for Drug Offenses, FY2009–FY2015
5,569
5,000 1,834 1,717 4,000
3,445
1,419
Felony drug arrests increased 100% (increased from 3% to 6% of all arrests)
1,245 3,000
911
1,045
1,046
2,000 2,929 2,534
2,483
2,398
2009
2010
2011
3,137
3,503
3,735
1,000
Misdemeanor drug arrests increased 47% (increased from 9% to 12% of all arrests)
2012
Source: Montana Department of Justice Arrest Data, FY2009–FY2015
2013
Council of State Governments Jus$ce Center
2014
2015 Council of State Governments Jus$ce Center | 6
6
REMINDER: District court case filings have gone up sharply in the last four years. Almost half of the increase appears to be driven by a rise in felony drug possession filings. District Court Criminal Case Filings 2011–2014 +29%
10,000 9,000 8,000
7,726
8,312 7,454
7,249
2010
2011
9,147
9,339
7,000 6,000 5,000 4,000 3,000 2,000 1,000 0
2009
2012
Source: Montana District Court Case Filings and Dispositions, 2005-2014. Cases include new offenses and “reopenings.”
2013
2014
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REMINDER: The time it takes for a case in district court to reach disposition from various stages has increased. Case Processing Measures, FY2012 and FY2015
FY2012
Filing to Disposition—181 Days Filing to Plea—104 Days
FY2015
Plea to Disposition —77 Days
+18% since FY12
Filing to Disposition—213 Filing to Plea—90 Days
Plea to Disposition—123 Days
–13% since FY12
Source: Montana District Court Case Filings and Dispositions, 2005-2014 *Time calculations are based on the “oldest” filing for each unique filing. To attempt to control for absconddelayed cases, those with a time to disposition over 500 days were excluded. Revocation proceedings also were excluded for this analysis.
+60% since FY12
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REMINDER: Montana’s jail incarceration population increased significantly in recent years, and is the highest of its neighbors. Jail length of stay is above average. 2013 Jail Incarceration Rate Per 100,000 residents
360 280
220 260
320
240
350
290
Percent Change in Jail Population, 2011-2013
MT CO
ID
150
Jail Average Length of Stay, 2013
ND SD MN WY UT NE
MT
CO
ID
ND
SD
MN WY
UT
NE
27 21
22 West / Midwest Jail LOS Average: 18 days
67%
12
7%
2%
5%
6%
4%
12
12
20
18
13
7%
-1% -11% Source: US. Department of Justice, Census of Jails: Population Changes, 1999-2013 Council of State Governments Jus$ce Center
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9
REMINDER: More than 60% of people who successfully complete probation do so after serving more than three years on supervision. 30% serve more than five years. FY2015 Proba$on Releasee Length of Stay for Successful “Completers”
26%
27%
34%
34%
37%
36%
30%
30%
32%
29%
34%
3%
3%
4%
2009
2010
2011 < 1 Year
Source: Montana Department of Corrections FY Release Data
33%
33%
39%
1% 2012 1-3 Years
3-5 Years
29%
37%
31%
38%
31%
32%
3%
2%
2%
2013
2014
2015
29%
5+ Years
Council of State Governments Jus$ce Center
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10
REMINDER: Resentencing analysis demonstrates diminished recidivism with passage of time. Months to Resentencing Among Those Resentenced Within Three Years, FY2012 Proba$on Admission Cohort 41% of new admits were resentenced within three years. 47% of those resentenced during ďŹ rst three years did so within the ďŹ rst 12 months.
70
60
50
40
30
20
33%
47% 10
15%
0 .00
6.00
12.00
18.00
Source: Montana Department of Corrections Admissions & Offense History Data
24.00
Council of State Governments Jus$ce Center
30.00
36.00
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11
REMINDER: Most “entrances” to Montana’s criminal justice system have an average of just over 2 system admits in the time period, though 199 have 5 or more. 2,046 FY 2012 Original Sentences
Admission Patterns for FY2012 Original Sentences through FY2015
*1% went directly to CR or Parole
1st Admission
Probation 1,346 (66%)
Prison 130 (6%)
50 (38%) no other admits
3rd Admission
Probation 15 (12%)
2 (0%) no other admits
883 (66%) no other admits
2% Overall
2nd Admission
Alternatives564 (28%)
0% Overall
43% Overall
Parole 33 (25%)
1% 2% Overall Overall 80% have 3 or less system admits by the end of FY2015
Alts 32 (25%)
Probation 20 (2%)
Prison 47 (4%)
Alts 396 (30%)
Probation 235 (42%)
Prison 148 (26%)
2% Overall
1% Overall
2% Overall
19% Overall
11% Overall
7% Overall
9% Overall
CR 209 (53%)
Prison 9 (4%)
Alts 43 (18%)
183 (78%) no other admits
60 (15%) no other admits
Probation 19 (5%)
Prison 107 (27%)
Council of State Governments Justice Center Source: Montana Department of Corrections Sentencing Data
CR 171 (30%)
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12
Key Challenges Growing Impact of Substance Use. Drug use presents a growing challenge for Montana’s criminal jus$ce system. Between 2009 and 2015, there was a 62-percent increase in arrests for drug offenses. Stakeholders report drug use and insufficient treatment as being leading causes of viola$ons and revoca$ons. High Rates of Recidivism. The primary driver of costs and growth in Montana’s criminal jus$ce system, including the growth in arrests, alterna$ve facility admissions, and prison admissions, is people who are cycling back for technical viola$ons or new crimes. Rising Cost of Prisons and Jails. Prisons and jails in Montana are at capacity. The statewide jail popula$on has risen 67 percent between 2011 and 2013. Unless the state acts, the prison popula$on is projected to con$nue to increase 17 percent by 2025, requiring tens, if not hundreds, of millions of dollars in new spending. Council of State Governments Jus$ce Center | 13
Overview
01
Key Challenges
02
The Goals
03
Policy Op$ons
04
Next Steps
Goals of Jus$ce Reinvestment in Montana o Avert spending associated with growth in prison and jail popula$ons o Make the pretrial decision-making process more informed and effec$ve in order to increase public safety o Improve access to and the quality of programs funded by taxpayers to reduce recidivism o Reinvest in strategies to hold offenders accountable and increase public safety o Improve services and resources for vic$ms of crime o Modernize the parole process o Ensure the sustainability of data-driven policies and evidence-based prac$ces Council of State Governments Jus$ce Center | 15
Overview
01
Key Challenges
02
Goals
03
Policy Op$ons
04
Next Steps
Policy Op$ons
1. Establish the use of pretrial risk assessment tools and supervision.
2. Revamp the presentence inves$ga$on report so that it is less $me intensive and more structured and objec$ve and encourages the use of evidence-based prac$ces in sentencing. 3. Eliminate mandatory minimum jail sentences for second offense driving with a suspended license and third offense peky thel. 4. Reclassify traffic offenses, other than driving under the influence, as civil or cita$on-only offenses. Council of State Governments Jus$ce Center | 17
Policy Op$ons 1. Establish the use of pretrial risk assessment tools and supervision.
2. Revamp the presentence inves-ga-on report so that it is less -me intensive and more structured and objec-ve and encourages the use of evidence-based prac-ces in sentencing.
3. Eliminate mandatory minimum jail sentences for second offense driving with a suspended license and third offense peky thel. 4. Reclassify traffic offenses, other than driving under the influence, as civil or cita$on-only offenses. Council of State Governments Jus$ce Center | 18
Policy Op$ons 1. Establish the use of pretrial risk assessment tools and supervision. 2. Revamp the presentence inves$ga$on report so that it is less $me intensive and more structured and objec$ve and encourages the use of evidence-based prac$ces in sentencing.
3. Eliminate mandatory minimum jail sentences for second offense driving with a suspended license and third offense peKy theL.
4. Reclassify traffic offenses, other than driving under the influence, as civil or cita$on-only offenses. Council of State Governments Jus$ce Center | 19
Policy Op$ons 1. Establish the use of pretrial risk assessment tools and supervision. 2. Revamp the presentence inves$ga$on report so that it is less $me-intensive and more structured and objec$ve and encourages the use of evidence-based prac$ces in sentencing. 3. Eliminate mandatory minimum jail sentences for second offense driving with a suspended license and third offense peky thel.
4. Reclassify traffic offenses, other than driving under the influence, as civil or cita-on-only offenses.
Council of State Governments Jus$ce Center | 20
Policy Op$ons
5. Support the crea-on and expansion of deferred prosecu-on programs. 6. Expand eligibility criteria for problem-solving courts. 7. Focus prison and community correc$ons space on those who are most likely to reoffend. 8. Require prerelease centers to deliver more intensive evidence-based programs and treatment within a shorter $me period to reduce recidivism and serve more people. Council of State Governments Jus$ce Center | 21
Policy Op$ons 5. Support the crea$on and expansion of deferred prosecu$on programs.
6. Expand eligibility criteria for problem-solving courts. 7. Focus prison and community correc$ons space on those who are most likely to reoffend. 8. Require prerelease centers to deliver more intensive evidence-based programs and treatment within a shorter $me period to reduce recidivism and serve more people. Council of State Governments Jus$ce Center | 22
Policy Op$ons 5. Support the crea$on and expansion of deferred prosecu$on programs. 6. Expand eligibility criteria for problem-solving courts.
7. Focus prison and community correc-ons space on those who are most likely to reoffend. 8. Require prerelease centers to deliver more intensive evidence-based programs and treatment within a shorter $me period to reduce recidivism and serve more people. Council of State Governments Jus$ce Center | 23
Policy Op$ons 5. Support the crea$on and expansion of deferred prosecu$on programs. 6. Expand eligibility criteria for problem-solving courts. 7. Focus prison and community correc$ons space on those who are most likely to reoffend.
8. Require prerelease centers to deliver more intensive evidence-based programs and treatment within a shorter -me period to reduce recidivism and serve more people.
Council of State Governments Jus$ce Center | 24
Policy Op$ons
9. Maximize recidivism reduc-on by restructuring treatment facili-es and focusing on higher-risk people. 10. Fund access to behavioral health treatment and programs to reduce recidivism for people on community supervision. 11. Focus supervision resources on people who are most likely to reoffend. 12. Explore increasing access to tribal resources for tribal members who are in the state criminal jus$ce system. Council of State Governments Jus$ce Center | 25
Policy Op$ons 9. Maximize recidivism reduc$on by restructuring treatment facili$es and focusing on higher-risk people.
10. Fund access to behavioral health treatment and programs to reduce recidivism for people on community supervision. 11. Focus supervision resources on people who are most likely to reoffend. 12. Explore increasing access to tribal resources for tribal members who are in the state criminal jus$ce system. Council of State Governments Jus$ce Center | 26
Policy Op$ons 9. Maximize recidivism reduc$on by restructuring treatment facili$es and focusing on higher-risk people. 10. Fund access to behavioral health treatment and programs to reduce recidivism for people on community supervision.
11. Focus supervision resources on people who are most likely to reoffend. 12. Explore increasing access to tribal resources for tribal members who are in the state criminal jus$ce system.
Council of State Governments Jus$ce Center | 27
Policy Op$ons 9. Maximize recidivism reduc$on by restructuring treatment facili$es and focusing on higher-risk people. 10. Fund access to behavioral health treatment and programs to reduce recidivism for people on community supervision. 11. Focus supervision resources on people who are most likely to reoffend.
12. Explore increasing access to tribal resources for tribal members who are in the state criminal jus-ce system.
Council of State Governments Jus$ce Center | 28
Policy Op$ons
13. Modernize the parole board and the parole decision-making process to ensure that the board’s decisions are informed, consistent, and sustainable.
14. Limit the term of incarcera$on for technical viola$ons of condi$ons of proba$on and parole. 15. Improve access to housing for people reentering the community. Council of State Governments Jus$ce Center | 29
Policy Op$ons 13. Modernize the parole board and the parole decisionmaking process to ensure that the board’s decisions are informed, consistent, and sustainable.
14. Limit the term of incarcera-on for technical viola-ons of condi-ons of proba-on and parole. 15. Improve access to housing for people reentering the community.
Council of State Governments Jus$ce Center | 30
Policy Op$ons 13. Modernize the parole board and the parole decisionmaking process to ensure that the board’s decisions are informed, consistent, and sustainable. 14. Limit the term of incarcera$on for technical viola$ons of condi$ons of proba$on and parole to 90 days. 15. Improve access to housing for people reentering the community.
Council of State Governments Jus$ce Center | 31
Policy Op$ons
16. Expand eligibility for crime vic-m compensa-on beneďŹ ts. 17. Improve the quality of and access to bakererâ&#x20AC;&#x2122;s interven$on programs.
Council of State Governments Justice Center | 32
Policy Op$ons
16. Expand eligibility for crime vic$m compensa$on beneďŹ ts. 17. Improve the quality of and access to baKererâ&#x20AC;&#x2122;s interven-on programs.
Council of State Governments Justice Center | 33
Policy Op$ons on Oversight, Quality Improvement, and Improving Standards
18. Create a centralized, interagency oversight body to guide and track the implementa$on of jus$ce reinvestment legisla$on. 19. Require the Department of Correc$ons to report annual data on the impact of implemen$ng jus$ce reinvestment legisla$on. 20. Require the Department of Correc$ons to regularly validate its risk assessment tool. 21. Require the Department of Correc$ons to receive ongoing training in risk assessment and evidence-based prac$ces. 22. Establish program standards and authorize the quality assurance unit within the Department of Correc$ons to evaluate state-funded programs and enforce program standards. 23. Require the Department of Correc$onsâ&#x20AC;&#x2122; proba$on and parole interven$ons and incen$ves grid to follow evidence-based prac$ces. Council of State Governments Jus$ce Center | 34
For the Commission’s Consideration for Further Analysis
24. Enable the Department of Correc$ons to effec$vely manage and collect legal financial obliga$ons, even beyond a supervision term. 25. Remove barriers to securing employment for people on supervision.
Council of State Governments Justice Center | 35
Overview
01
Key Challenges
02
The Goals
03
Policy Op$ons
04
Next Steps
Next Steps
• Continue collecting input from stakeholders • Develop cost estimates and population projection for package of policy options the commission is interested in pursuing • Review impacts with commission and address any outstanding issues or topics of interest • Set timetable for developing implementation plans and administrative policy changes
Council of State Governments Justice Center | 37
Thank You Karen Chung, Policy Analyst Receive monthly updates about jus$ce reinvestment states across the country as well as other CSG Jus$ce Center Programs. Sign up at: CSGJUSTICECENTER.ORG/SUBSCRIBE
This material was prepared for the State of Montana. The presenta$on was developed by members of the Council of State Governments Jus$ce Center staff. Because presenta$ons 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 posi$on of the Jus$ce Center, the members of the Council of State Governments, or the funding agency suppor$ng the work.