vt-launch-presentation

Vermont Justice Reinvestment II Working Group Meeting August 26, 2019

Cassondra Warney Senior Policy Analyst

Ed Weckerly Research Manager

Ellen Whelan-Wuest Deputy Program Director

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The Council of State Governments (CSG) Justice Center is a national nonprofit, nonpartisan organization that combines the power of a membership association, representing state officials in all three branches of government, with policy and research expertise to develop strategies that increase public safety and strengthen communities. For more information about the CSG Justice Center, visit www.csgjusticecenter.org.

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The CSG Justice Center assists state and local jurisdictions on a wide range of public safety topics.

Justice Reinvestment is a data-driven approach to reduce corrections spending and reinvest savings in strategies that can decrease recidivism and increase public safety. Justice Reinvestment focuses on adults in the criminal justice system.

Stepping Up is a national initiative calling on counties across the country to reduce the prevalence of people with mental illnesses and co-occurring substance addictions being held in county jails.

Clean Slate provides accurate information on record clearance and mitigation laws in each state, as well as contact information for legal service providers in all U.S. states and territories.

NRRC is a hub of information about corrections and reentry: funding opportunities, publications, webinars, conferences and trainings, and the What Works in Reentry Clearinghouse.

IOYouth helps states align their policies, practices, and resource allocation with what research shows works to reduce recidivism and improve outcomes for youth while enhancing public safety.

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Presentation Outline 1.

Justice Reinvestment in Vermont: Overview

2.

Criminal Justice and Behavioral Health Trends and Challenges

3.

a)

Front-end system pressures

b)

Incarcerated populations

c)

Behavioral health challenges

Next steps and discussion

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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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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 includes a two-part process spanning analysis, policy development, and implementation.

Phase I - Pre-Enactment States apply by submitting a letter to funders for Phase I approval and funding

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 Development

Present a policy framework to reduce corrections costs, increase public safety, and project the impacts.

Phase II - Post-Enactment States that enact Justice Reinvestment legislation apply by submitting a letter to funders for Phase II approval and funding

5

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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The CSG Justice Center has worked with 31 states, some twice, on a Justice Reinvestment approach to address criminal justice challenges.

CURRENT PHASE I CURRENT PHASE II PAST STATES

CT

KS

AZ

NV

RI

MI

TX

VT

WI

NH

AR GA

NM

MA

MO

AL

MT

OH

ND

OR

VT

PA

WY

ME

IN

HI

NC

OK

KS

ID

NE

OH

PA

WV

MI

WA

RI

2004 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 CSG Justice Center

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This Justice Reinvestment approach engages key partners with different roles and responsibilities.

CSG Justice Center

Working Group • Consults and guides the CSG Justice Center team • Endorses project scope of work • Provides feedback as the analysis begins to take shape • Assists in building awareness and momentum around the project’s priorities • Provides strategic direction in the development of policy options

Develop and implement a datadriven policy framework and reinvestment priorities Create momentum for adoption of Justice Reinvestment policy

• Approves policy package

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• Provides technical expertise on system dynamics and structures • Assesses areas for policy development • Serves as a resource to Vermonters • Analyzes data from as many sources as possible • Engages broadly and intensively with stakeholders to understand system dynamics and realities • Delivers presentations on findings and policy recommendations to working group and other associations as possible and requested

The Justice Reinvestment process seeks to answer key questions by analyzing data and engaging stakeholders.

1

What can data and stakeholders explain about how people move through Vermont’s criminal justice system?

What are the driving forces behind population pressures?

• • • • • • •

2

What options and opportunities are available to make systemic improvements and reinvest in programs and practices that can improve public safety and behavioral health outcomes?

3

How can Vermont ensure success moving forward and sustain those efforts in the long term?

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Data and Policy Analysis Crime Victim’s services Sentencing Pretrial population Prison population Probation and parole populations Behavioral health challenges

Stakeholder Engagement • Law enforcement • Prosecution and defense counsel • Judges • Correctional administrators • Probation officers • Treatment and/or programming staff • Community-based service providers

Vermont was one of the first states in the country to use the Justice Reinvestment approach to address criminal justice challenges.

2007 Scope and Focus Understand Vermont’s rising prison population and identify supervision and reentry policy options designed to reduce corrections spending and increase public safety.

2007 Working Group Members • • • • • • • • •

Senator Dick Sears Senator Bill Carris Rep. Alice Emmons Rep. William Lippert Rep. Jason Lorber Amy Davenport, Chief Administrative Judge Kerry Sleeper, Commissioner, Department of Public Safety Lee Suskin, State Court Administrator and Clerk Robert Hofmann, Commissioner, Department of Corrections

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In 2008, to safely and effectively address the state’s rising prison population, Vermont enacted legislation that aimed to improve outcomes for people on supervision and reentering communities from prison.

2008 Major Findings •

Between 2000 and 2005, people sentenced for property and drug offenses were the fastest growing segment of the prison population.

•

People incarcerated and on community reintegration who had a substance addiction were not receiving treatment, which would reduce their risk to public safety.

•

A significant share of people eligible and appropriate for placement on reintegration status were still incarcerated due to a lack of community-based resources.

2008 Justice Reinvestment Legislative Changes • Focused supervision resources on people most likely to reoffend • Improved screening and assessment for behavioral health treatment needs and increased access to community-based substance addiction treatment programs • Expanded transitional housing opportunities and job training programs CSG Justice Center

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Vermont has continued to enact policies aimed at using evidence-based practices to address statewide challenges.

2009–2013: $6.3M state dollars reinvested • Reinvestment focused on transitional housing, electronic monitoring, and substance addiction treatment in prisons and in the community 2011: “War on Recidivism Act” passed: • Established a statewide definition for recidivism • Encouraged state investment in programs “that work” 2014: Established statewide pretrial services • Required that pretrial screening take place and inform bail decisions (S. 295) • Created the Court Diversion and Pretrial Services Program, now administered by the Community Justice Division within the attorney general’s office (S. 134) 2018: MAT expanded (Act 176) • Senators Ashe, Sears, and Ayers co-sponsored S. 166 to expand access to Medically Assisted Treatment (MAT) for incarcerated populations

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Using data to inform policymaking helped Vermont avoid projected prison population growth.

Vermont Fiscal Year-End Incarceration Population, FY1997–FY2018

JR 1.0 Projected Growth

+24%

3,000

2007 to 2018 2,500

2,681

Pre-JR 1.0

+69% 1997 to 2008

2,000

2,053

Post-JR 1.0

1,500

1,000

-16%

1,724

2008 to 2018

1,217

500

0 FY97 FY98 FY99 FY00 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17 FY18 Sources: Vermont Department of Corrections.

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This summer, Vermont leaders signed a letter requesting funding for a second Justice Reinvestment project, affirming their commitment to identifying data-led policy solutions.

In June 2019, a letter requesting technical assistance for Vermont was drafted for Justice Reinvestment funders. State leaders from all three branches signed in support: Governor

Chief Justice

Phil Scott

Paul Reiber

Senate President Pro Tempore

Speaker of the House

Tim Ashe

Mitzi Johnson

AHS Secretary

DOC Commissioner

Al Gobeille

Attorney General

T.J. Donovan

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Mike Touchette

In July, Governor Phil Scott signed Executive Order 03-09, establishing the state’s Justice Reinvestment II Working Group to lead this effort.

Justice Reinvestment II Working Group

Paul L. Reiber

John Campbell

Chief Justice, Supreme Court (Working Group Chair)

Executive Director, Department of State’s Attorneys and Sheriffs

Xusana Davis

Kelly Dougherty

Executive Director of Racial Equity, Governor’s Office

Deputy Commissioner, Alcohol & Drug Abuse, Department of Health

Alice Emmons

Patricia Gabel

State Representative, Windsor-3-2 District

State Court Administrator, Supreme Court

Maxine Grad

Jaye Johnson

James Duff Lyall

Christopher Herrick

State Representative, Washington-7 District

Legal Counsel, Governor’s Office

Executive Director, ACLU of Vermont

Acting Commissioner, Dept. of Public Safety

Alice Nitka State Senator, Windsor District

David Scherr

Dick Sears

Co-Chief, Community Justice Division, Attorney General’s Office

Sarah Squirrell

Mike Touchette

Commissioner, Dept. of Mental Health

Commissioner, Dept. of Corrections

State Senator, Bennington District

Kendal Smith Director of Policy Development and Legislative Affairs, Governor’s Office

Karen Tronsgard-Scott Executive Director, Vermont Network Against Domestic and Sexual Violence

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Matt Valerio Defender General

Presentation Outline 1.

Justice Reinvestment in Vermont: Overview

2.

Criminal Justice and Behavioral Health Trends and Challenges

3.

a)

Front-end system pressures

b)

Incarcerated populations

c)

Behavioral health challenges

Next steps and discussion

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Vermont leaders must make key decisions that will have profound and broad impacts across the state.

How can the state improve recidivism rates and reduce the number of people who cycle back through the system into jail and prison while improving public safety?

How can the state build on successful substance addiction treatment programs to reach even more rural and isolated communities and populations?

How can the state improve data sharing, tracking, and measurement to better inform decisions and planning in the future?

Hub & Spoke

+

%

+

+ +

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Analyses of high-level trends offer initial areas of focus for a Vermont Justice Reinvestment project.

A second Justice Reinvestment project in Vermont will primarily seek to: •

Analyze how increases in some categories of crime may be impacting other parts of the criminal justice system.

•

Explain the connection between supervision revocations and incarceration.

•

Assess how individuals’ behavioral health challenges, such as serious mental illnesses and substance addictions, play a role in their movement through and their reentry from the criminal justice system.

•

Identify where Vermont’s data tracking and analytics can be strengthened and reinforced to provide lawmakers with more actionable information to guide safe policymaking.

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Vermont leaders must understand more of the dynamic factors in admissions, length of stay, and releases from jail and prison in order to safely prioritize incarcerated bed space.

ADMISSIONS: • Rising admissions due to factors such as more crime, arrests, and/or convictions alone can increase the population.

LENGTH OF STAY: • Length of stays may increase due to harsher penalties for convictions or charges, which can also cause incarcerated populations to grow.

• This is average length of stay for the entire population. If the mix of incarcerated people/sentence lengths changes, so will the average length of stay.

Admissions

Population

Length of Stay Releases

RELEASES: • In a state with discretionary parole, the number and timing of parole releases affects length of stay and population.

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Understanding those factors begins with analyzing how people are moving through the front and back ends of the criminal justice system.

Crime

Arrests

Detention

Probation Discharge

Victims

Intermediate Sanctions/ Other Diversions

Court Dispositions

Probation Population

Sentenced Population

Probation Revocations

Parole Revocations

Parole Population

Reentry Furlough

Parole Decisions

Parole Discharge

Prison Discharge

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Behavioral Health

Nationally, crime is down since its peak in the early 1990s, and Vermont has historically maintained one of the lowest crime rates.

U.S. and Vermont Property and Violent Crime Rates (Incidents per 100,000 Residents), 1960–2017

Vermont (2017)

6,000

2nd-lowest property crime rate 5,000

4,000

2nd-lowest violent crime rate U.S. Property Crime Rate -53% since 1990

3,000

2,000

1,000

Vermont Property Crime Rate -66% since 1990 U.S. Violent Crime Rate -46% since 1990

0 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015

Vermont Violent Crime Rate +30% since 1990

Sources: FBI, Crime in the U.S., 2006–2016.

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Between 2007 and 2017, Vermont’s property crime rate dropped by more than a third, falling in all categories.

3,000 2,500

Property Crime Rate in Vermont (Incidents per 100,000 Residents) by Offense Category, 2007–2017

Overall Property Crime Rate in Vermont (Incidents per 100,000 Residents), 2007–2017 2,323 1,437

2,000

Burglary

700

2,000

Larceny

600 1,500 1,000

400

-38%

500 0 2007

1,500

500

2008

2009

2010

2011

2012

2013

2014

2015

2016

1,000

300 200

-41%

100 2017

0 2007 2009 2011 2013 2015 2017

500

Motor Vehicle Theft

120 100 80 60

-70%

40 20

0 2007 2009 2011 2013 2015 2017 Sources: FBI, Crime in the U.S., 2007–2017.

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-36%

0 2007 2009 2011 2013 2015 2017

National arrest data indicate an overall decline in the impact of drug arrests across the state, but analysis of state-level data will provide more information.

Drug Arrests in Vermont (Volume), 2007–2017 1,800

1,632 1,600 1,400

Drug 8%

1,137

1,200 1,000

Property Index 12%

800

DUI 18%

Violent Index 5%

600

-30%

400 200

Other 57%

0 2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

2017

Sources: FBI, Crime in the U.S., 2007–2017.

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Drug-related offenses constituted 8% of all arrests in 2017.

Though the increase in volume of crimes is fairly small, national crime reporting data show that Vermont’s violent crime rate increased across every offense category between 2007 and 2017.

Violent Crime Rate in Vermont (Incidents per 100,000 Residents) by Offense Category, 2007–2017

Overall Violent Crime Rate in Vermont (Incidents per 100,000 Residents), 2007–2017

180 166 160 140 124 120 100 80 60 40 20 0 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

+33%

Homicide

4

Rape

35 3

30 25

2

20

+16%

1

0 2007 2009 2011 2013 2015 2017

Robbery

20

10 5

+69%*

0 2007 2009 2011 2013 2015 2017

120

Aggravated Assault

80

10

60

+15%

5

0 2007 2009 2011 2013 2015 2017

Sources: FBI, Crime in the U.S., 2007–2017.

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100

15

* Percentage change shown for rape is 2013 to 2017 as opposed to 2007 to 2017. A revised definition of rape was implemented by the FBI in 2013. It’s unclear whether the increase here is a reporting artifact, if reporting of rape has increased, or if incidents are actually on the rise.

40

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40 20

+27%

0 2007 2009 2011 2013 2015 2017

Most other states also saw categories of violent crime grow in recent years, but a more nuanced analysis is needed to understand the impact and drivers behind these increases.

Change in Violent Crime Rate (Incidents per 100,000 Residents) by State and Crime Category Homicide Rate

AK

ME

2007–2017

VT WA

MT ID

OR

ND

MN

WY NV

SD UT

CA

AZ

WI

NE CO

NM

IL MO

KS OK

NY

MI

IA

IN KY

AR LA

OH WV

TN

PA

MD VA

MS

NH MA

NJ DE

OR

OR

NV CA

MN

WY

SD UT

AZ

WI IA

NE CO

NM

ME

MO

IN KY

AR LA

NY

MI IL

KS OK

TX

NV

UT AZ

OH WV

TN MS

PA

MD VA

AL

WI IA

NE CO

MO

OK

IN KY

AR LA

OH WV

TN MS

NJ

VA AL

SC

Aggravated Assault Rate

CT

MT ID

DE

OR

ND

WY NV

CA

MN SD

UT AZ

IA NE

CO NM

GA

WI IL MO KS

OK

IN KY

AR LA

VT NY

MI OH WV TN MS

TX

PA

MD VA

AL

NH MA

NJ

RI CT

NC SC

FL

* In 2013, the FBI revised its definition of rape. Therefore, the timeframe used for rape is 2013–2017.

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Decrease or no change

DE

GA

HI

All but two states had an increase in at least one category of violent crime in recent years.

ME

2007–2017

WA

RI CT

NC

AK

RI

MA NJ

DE

FL

SC

Sources: FBI, Crime in the U.S., 2007–2017.

MD

HI

NC

FL

PA

NH

GA

NH MA

NY

MI IL

KS

VT

TX

VT

ID

MN SD

NM

2013–2017*

ND

ND

WY

CA

Rape Rate

MT

MT ID

FL

WA

WA

GA

AK

HI

RI CT

SC

HI

ME

2007–2017

NC

AL

TX

Robbery Rate

AK

Increase of 1 to 19% Increase of 20% or more

Vermont has a history of stable recidivism rates, but there is a need to understand drivers behind the recently increasing rates.

Vermont Prison Release Recidivism by Cohort Release Year, 2005–2015

43.2%

44.1%

43.2%

43.3%

42.7%

44.1%

43.8%

45.7%

47.2%

50.6%

52.5%

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2011 Act 41 Section 5: “The Department shall calculate the rate of recidivism based upon offenders who are sentenced to more than one year of incarceration who, after release from incarceration, return to prison within three years for a conviction for a new offense or a violation of supervision resulting, and the new incarceration sentence or time served on the violation is at least 90 days.”

Sources: Vermont Department of Corrections.

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Supervision revocations are key drivers in most state prison populations, but Vermont is not currently able to track their impact.

Crime

Detention

As depicted on the previous slide, the one recidivism measure Vermont currently uses is for people sentenced to more than one year of incarceration who are released and return to prison within 3 years on a new conviction or a violation of supervision of at least 90 days.

Sentenced Population Revocation

Probation Population

Parole Population

Discharge Furlough/ Diversion Populations

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Vermont is not currently tracking the more real-time measure of probation and parole revocations as a driver of prison admissions.

Vermont is not tracking how people on supervision or released from incarceration are contributing to crime or the detainee population. Nor is there data on how other populations, like those on Intermediate Sanctions or in other types of diversion, are recycling through the system.

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Information from the Vermont judiciary offers some insight into the increases and decreases of various types of offenses and violations.

Probation Violation Filings, FY2014–FY2018 3,500

Felony Court Filings by Case Type, FY2014–FY2018

3,000

2,146

2,500

4,000 3,500

3,115

2,000

3,398

Total -6%

3,205

1,500

-31%

1,000 500

3,000

868

Property -25%

654

512

Drug -10%

460

436

Motor Vehicle -7%

405

517

Other 0%

518

608

Person +4%

634

457

Domestic Violence +17%

534

2,500 2,000 1,500 1,000 500 0 FY2014

FY2015

FY2016

FY2017

FY2018

0 FY2014

FY2015

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FY2017

FY2018

Changes in felony case filings reflect some of the same patterns seen in crime reports. The decrease in probation violation filings above is a positive trend.

Sources: Vermont Judiciary Annual Statistical Reports, https://www.vermontjudiciary.org/about-vermont-judiciary/court-statistics-and-reports

CSG Justice Center

FY2016

These front-end data points beg key questions and areas for additional analysis.

v What diversion and pretrial programs are available across the state, and how effectively do these programs reduce recidivism? v How are revocations and increases in certain types of crime and case filings impacting incarceration admissions? v How do the courts, law enforcement, states attorneys, defense counsel, and victim advocates explain or experience increases in certain types of crimes, and what resources are available or needed to better support crime victims and reduce recidivism? v What can we learn about probation and parole supervision and revocations, both from policy and practice as well as data analysis?

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In 2011, Vermont set a goal of maintaining a lower pretrial detention population, but since that time, the number of people held awaiting trial has continued to grow.

Vermont Detainee Population at Fiscal Year End, FY2008–FY2018 500

433

450

• Those held without bail tend to be arrested for violent and sex offenses.

400 350 300

• In a 2018 analysis by DOC, 56% of detainees were being held without bail.

332 Goal Population of 300 set in 2011

• Of those with bail set, 35% were $5,000 or less.

250 200

• The estimated average length of stay for the onhand detainee population in 2018 was just over 4 months.

150 100 50 0 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 FY2018

Sources: Vermont Department of Corrections.

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Vermont’s prison facilities do not have capacity for all Vermonters who receive state sentences, and over 250 people are currently serving their sentences out of state.

2,500

Vermont Incarceration Population by Status at Fiscal Year-End, FY2008–FY2018

Total Incarceration Population -16%

2,000

Out of State Sentenced

-57% 1,500

1,000

In State Detained

+30%

In State Sentenced

-12% Current Design Capacity: 1,100

500

0 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 FY2018 Sources: Vermont Department of Corrections.

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Actually Housed in State FY2018: 1,513 (138% of capacity)

Total Bed Need FY2018: 1,724 (158% of capacity)

All categories of community supervision have declined in population over the past decade, particularly probation.

Vermont Supervision Population by Status at Fiscal Year End, FY2008–FY2018 10,000 9,000

Furlough

Total Supervision Population -27%

8,000 7,000

Parole

-7%

6,000

-20%

5,000 4,000

Probation

-33%

3,000 2,000

Relative Size of Current Incarceration Population: 1,724

1,000 0 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 FY2018 Sources: Vermont Department of Corrections.

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The vast majority of people under DOC control are on community supervision, but it is not clear how many are able to successfully reenter their communities and how many recidivate or are revoked to jail or prison.

Vermont DOC Snapshot Populations by Type, FY2018

8,725

4,570

840

Total DOC Population 80% of the total population under DOC control is on some form of community supervision

Probation

Parole

1,591

Furlough

1,724

Incarceration

FY2018 Sources: Vermont Department of Corrections.

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A snapshot of offense level and type does not reveal enough about the role of revocations, recidivism, and length of stay in understanding why people are incarcerated in Vermont.

Vermont Incarceration Population by Felony/Misdemeanor at Fiscal Year End

263

Misdemeanor proportion of the total incarceration population dropped from 13% in FY2008 to 5% in FY2018 89

1,819

FY2008

Among the felony population, 71% were categorized as Serious or Person felonies

1,561

Sources: Vermont Department of Corrections.

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Property 16% Drug 6% Motor Vehicle 5% Other 2%

Serious 61%

FY2018

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Person 10%

Additional analysis may reveal how racial disproportionalities grow at various points across the criminal justice system.

Vermont General Population and Incarceration Snapshot Population by Race/Ethnicity, 2017

Other 2.3% Black 1.2% Asian 1.8% Hispanic 1.9%

White

N=623,657

N=1,546 11.2%

92.8%

General Population

87.6%

Other 0.4% Black Hispanic 0.8%

• As of 2017, the incarceration rate for black people in Vermont was nearly 10 times that of the incarceration rate for white people.

• In 2017, the legislature established the Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel to further examine this issue, and in 2019 Governor Scott appointed the state’s first Racial Equity Executive Director.

White

Incarcertion Population

Sources: BJS, Prisoners in 2017, April 2019; "B03002 HISPANIC OR LATINO ORIGIN BY RACE - Vermont - 2017 American Community Survey 1-Year Estimates". U.S. Census Bureau. July 1, 2017

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The proportion of women incarcerated in Vermont has increased, while the number of men in jail and prison has decreased.

Vermont Incarceration Population by Sex at Fiscal Year End, FY2008–FY2018 2,500

Women 6% 2,000

135

161

148

174

147

Women 9%

152 137

153

1,599

1,631

1,571

FY2016

FY2017

FY2018

153

1,500

1,000

2,018

1,926

1,926

1,926

1,915

1,722

500

0 FY2010

FY2011

FY2012

FY2013

FY2014

FY2015

Sources: Vermont Department of Corrections.

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Men

These back-end data points beg key questions and areas for additional analysis. v What is driving pretrial population increases? v How do lengths of stay and sentences vary over time and by offense, and what role do these factors play in the state’s incarcerated population? v How are people supervised on probation, parole, and furlough status in Vermont, and what are the revocation outcomes among these populations? v What data exist to identify decision points in the criminal justice system that may drive or contribute to racial disproportionalities? v What employment barriers do people with criminal records face, and how can Vermont align its expungement laws to support recidivism reduction?

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Addressing behavioral health challenges has become a shared responsibility across public health and criminal justice systems.

Arrest

Jail

Court

Community

Law Enforcement

Emergency Room

Public budgets are often burdened by the high average costs for the use of jail beds or emergency room visits.

Law enforcement agencies and officers are increasingly on the front lines of responding to mental health and addiction crises.

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Nationally, Vermont stands out for its low ratio of residents to behavioral health care providers.

Number of Residents per Behavioral Health Care Provider, by State, 2017* 1200

1000

800

more than 700

Vermont has the 3rd-lowest ratio of residents to providers in the country

people per behavioral health care provider

501 to 700 people per behavioral health care provider

301 to 500

600

people per behavioral health care provider

300 or fewer

people per behavioral health care provider

400

200

Most availability of behavioral health care providers

0

AL TX WV GA IA MS LA AZ TN IN FL VA SC OH SD ND MO WI PA NV NJ IL KY KS AR ID MN MD HI MI DE NC NY NE MT NH UT WA CA CO WY AK CT NM RI OK OR VT ME MA

Least availability of behavioral health care providers

*The ratio includes credentialed behavioral health professionals and does not include paraprofessional staff.

Sources: Mental Health America, The State of Mental Health in America, 2017.

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People with behavioral health needs require access to a number of providers and services, and people with criminal justice involvement often require additional or specialized programs as well.

Substance Addiction Treatment

Access to stable housing is critical and housing barriers exist for many who interact with the criminal justice system, including those with behavioral health needs and challenges.

Case Management

Transportation

Housing

Correctional Programming

Psychiatric Care

Self-Help Groups

Certified Peer Supports

As of May 2019, 127 people in Vermont prisons were held past their minimum release date due to a lack of approved housing.

Specialized Supervision

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Vermont’s Care Alliance for Opioid Addiction, or “Hub and Spoke,” is a national model that identifies behavioral health needs, ensures access to effective treatment and services, and establishes strong collaboration.

Hub

+

Spokes +

Care Continuum

Opioid Treatment Programs • Provide medication and individual and group counseling services • Additional Health Home supports provided include: • Case management, care coordination, management of transitions of care, family support services, health promotion, referral to community services

+ +

Office-Based Opioid Treatment Settings • Primary or family medicine practices across the state where prescribers have federal waivers to prescribe buprenorphine, naltrexone, or Vivitrol • Care teams include: • Lead provider • Nurse • Licensed mental health or addictions counselor

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The number of people across Vermont who have accessed medication assisted treatment (MAT) for opioid addiction has steadily increased, indicating a statewide expansion of these services in response to a strong need for MAT. Number of People Receiving Medication Assisted Treatment per 10,000 Vermonters Age 18–64, 2012–2014 120 100

79

83

86

88

92

94

98

102

112

80 60 40 20 0 Q1 2012 Q2 2012 Q3 2012 Q4 2012 Q1 2013 Q2 2013 Q3 2013 Q4 2013 Q1 2014

Act 176 (2018) expanded MAT for any incarcerated person with a diagnosed opioid addiction. By 2019, the number of people in DOC facilities receiving MAT has already far exceeded initial estimates, indicating a high prevalence of people with opioid addictions moving through the criminal justice system.

Source: Vermont Department of Health http://www.healthvermont.gov/scorecard-opioids

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Vermont is already collecting and reporting on some measures of the prevalence and impact of behavioral health challenges among people moving through the criminal justice system.

Vermont’s Opioids Scorecard includes: Dept. of Public Safety - Opioids

Department of Health – Alcohol & Drug Abuse Programs - Opioids

Possession of heroin: Are we deterring by prosecuting people caught with heroin in Vermont? Measured as number of charges filed by Vermont State Prosecutors for possession, delivery, or trafficking of heroin.

MAT waitlists: Are we getting Vermonters who need a high level of care for opioid addiction into treatment? Number of people on a wait list for treatment services in a Hub. Emergency Rooms - Opioids

Sale of heroin: Are we deterring by prosecuting people selling heroin in Vermont? Number of charges filed by Vermont State Prosecutors for the sale of heroin.

Rate of Emergency Department visits for heroin overdose per 10,000 Vermonters. Data source from the Electronic Surveillance System for the Early Notification of Community-based Epidemics (ESSENCE)

What can data and stakeholder perspectives from behavioral health providers, law enforcement, and others tell us about the interaction of substance addictions and crime, arrest, and incarceration?

Source: Vermont Department of Health http://www.healthvermont.gov/scorecard-opioids

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Engaging with experts, providers, and leadership from other Vermont state systems will be critical to understanding behavioral health challenges and opportunities. v How are people with behavioral health conditions who are in the criminal justice system identified and connected with treatment? v What is the continuum of available treatment and supports for people with behavioral health conditions in the criminal justice system? Are community-based behavioral health treatment providers applying evidence-based practices to reduce recidivism and improve recovery? v How do agencies share critical case-specific information to improve outcomes for people served across multiple agencies? v What resources and support do law enforcement officers and agencies require as they engage with people in the midst of mental health crises? v What existing behavioral health data analysis efforts in Vermont can inform a JR project? v How do housing shortages or access challenges impact people who are reentering communities across the state?

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Presentation Outline 1.

Justice Reinvestment in Vermont: Overview

2.

Criminal Justice and Behavioral Health Trends and Challenges

3.

a)

Front-end system pressures

b)

Incarcerated populations

c)

Behavioral health challenges

Next steps and discussion

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Summary of Initial Findings v While modest, certain categories of violent crime and recidivism rates are increasing. v The state has not undergone a systemic and comprehensive analysis of the criminal justice system since it last undertook a Justice Reinvestment project. v The state’s pretrial population continues to rise, and prison facilities are operating above their design capacity, both of which hinder the state’s ability to safely prioritize bed space. v The vast majority of people under DOC control are supervised in the community, but the impact and nature of their supervision revocations is not clear. v Early indicators show a high need for behavioral health treatment and other social supports, including MAT, for people in the criminal justice system. v Policymakers need more information to guide their planning and decisions to ensure they are achieving public safety and public health goals in the future.

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The Vermont Justice Reinvestment timeline will be short and will require focused analysis, engagement, and discussions throughout the process.

January 9

August 26 Second Working Group Meeting

First Working Group Meeting

Aug Initial Analysis

Sep

Third Working Group Meeting

Oct

Nov

Detailed Data Analysis

Opening of Legislative Session

Dec

Jan

Impact Analysis

Stakeholder Engagement

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Final Working Group Meeting and Policy Discussion

Policy Option Development

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Quantitative data gathering efforts are underway.

Data Type

Source

Crime/Arrests

Department of Public Safety

Pretrial Detention

Department of Corrections

Court Filings/ Diversions

Vermont Judiciary

Sentencing/ Criminal Histories

Vermont Judiciary/ Department of Public Safety

Probation Supervision Prison

Anticipated Data Challenges •

Legal or policy barriers to data sharing

•

Lack of state identification numbers to facilitate matching of individuals across siloed data systems

•

Differences in how and which data is collected across systems and agencies

Department of Corrections

•

Exporting appropriate case-level data from new case management systems

Department of Corrections

•

Previously unexamined data

•

Limited recent analysis and reports to use as a baseline

•

Research staff capacity and turnover

•

Lack of an independently produced prison population projection

Parole Supervision

Department of Corrections

Victim Services

Vermont Center for Crime Victim Services

Behavioral Health

Department of Corrections/ Department of Health

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To understand what is behind the data and numbers, we will seek opportunities to learn from Vermonters who work within and are affected by the criminal justice system.

• • • • • • • •

Law enforcement officers and leadership Victim advocates People with lived experience Diversion program and pretrial services administrators Court officials, including judges State’s attorneys Criminal defense attorneys Others?

Behavioral Health

Incarcerated Populations

Front-End System Pressures •

• • • • • •

Department of Corrections leadership and staff, including supervision officers Court officials, including judges Parole officials Housing experts and leadership Victim advocates People with lived experience Others?

•

•

• • • •

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Agency staff implementing behavioral health programs for criminal justice populations and tracking data and outcomes across both systems Community-based providers and treatment experts Law enforcement officers and leadership Victim advocates People with lived experience Others?

Working group discussion topics for today 1. Given the project’s tight timeline, do working group members support the focus and analysis areas we have proposed today? How can we reasonably provide information or support to other ongoing discussions and work that fall outside this scope?

2. What information sources are critical for our team to examine and consider as we work to analyze these focus areas and challenges?

3. Who can we connect with to understand the human and practical experiences on the ground? How can working group members connect us to these groups and individuals?

4. How can we swiftly access as much data as possible, and are there opportunities for us to use other qualitative research tools (such as surveys and focus groups) to assess various parts of the criminal justice and behavioral health systems?

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Thank You Cassondra Warney, Senior Policy Analyst cwarney@csg.org Ed Weckerly, Research Manager eweckerly@csg.org Ellen Whelan-Wuest, Deputy Program Director ewhelan-wuest@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 Vermont. The presentation was developed by members of The Council of State Governments (CSG) 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 CSG Justice Center, the members of The Council of State Governments, or the funding agency supporting the work.