The Justice Reinvestment Initiative in Kansas-Impacting Community Corrections. Justin Carroll Fiscal Analyst Kansas Legislative Research Department

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1 1 The Justice Reinvestment Initiative in Kansas-Impacting Community Corrections Justin Carroll Fiscal Analyst

2 2 A Quick Summary of the KS Legislature and Kansas Legislative Research Department (KLRD) Bicameral KLRD works with both chambers and both parties KLRD employs general research analysts and fiscal analysts

3 3 What is the Justice Reinvestment Initiative (JRI)? In Kansas, the bill (HB 2170) was passed by the 2013 Legislature through a collaborative effort of Legislators, the Governor, the Attorney General, the Supreme Court Chief Justice, the Kansas Department of Corrections (KDOC), and the Council of State Governments (CSG) Makes several changes to sentencing, probation, and post-release supervision of violators Specifically, the law states for crimes committed after July 1, 2013 (FY 2014), all probation violators remanded to the KDOC for service of a prison sentence shall have a post release supervision obligation, including those probation violators serving a violation sanction of 120 or 180 days in a KDOC facility during which time the underlying prison sentence expires

4 4 Specifics of JRI Provide for swift and certain responses to offender noncompliance in the community; Provide graduated sanctioning options for judges; Establish presumptive discharge from supervision for certain low-risk offenders; and Mandate post release supervision for offenders who would otherwise complete their underlying sentence while serving time during a sanction

5 5 Costs and JRI KDOC realized savings of $362,640 in FY 2014 and estimates savings of $1.5 million for FY 2015 KDOC states JRI averts over $53 million in additional spending needed to accommodate prison population growth for FY 2014 through FY 2018 Fiscal note stated JRI would reduce adult prison beds by 863 in FY 2014 and a total decrease of 2,633-2,863 beds needed by FY 2023 Council of State Governments Justice Center estimates KDOC s cost avoidance at approximately $63 million for the same time frame CSG estimates annual savings from JRI will allow the state to reinvest $6.0 million annually for FY 2014 through FY 2018 for community corrections for net savings of $31.0 million KDOC acknowledges the need to fund community corrections at an adequate level in order to achieve the desired effects of HB 2170

6 6 FY 2014 Projections Source: Kansas Sentencing Commission

7 7 FY 2015 Projections-One Year After Implementation Source: Kansas Sentencing Commission

8 8 Prison Projections and JRI In the long run, prison population is expected to decrease by 132 prison beds for FY 2023 ($45/day) However, implementation was not as quick as originally estimatedvery slow and multiple legal issues muddied the process During the 2014 Session, a cleanup bill was passed which amended the original JRI bill

9 9 Justice Reinvestment Statistics FY 14 statistics: 1,760 full probation revocations in FY quick dip jail sanctions administered to a total of 1,440 probationers through Community Corrections 117 Court Service quick dip jail sanctions administered to a total of 106 probationers 323 (120 or 180 day) graduated prison sanctions administered by KDOC to a total of 319 offenders FY 15 statistics: 506 full probation revocations in FY 15 to date 643 quick dip sanctions administered to 597 offenders by Community Corrections in FY Court Service "quick dip sanctions administered to 44 probationers Finally, there have been 168 (120 or 180 day) graduated prison sanctions administered by KDOC in FY 15. Each offender has received only one JRI prison sanction thus far

10 10 Justice Reinvestment Act Statistics Swift and Certain Sanctions aka Quick-Dips Source: Kansas Department of Corrections

11 11 Justice Reinvestment Act Stats Cont d Graduated Judicial Sanctions Source: Kansas Department of Corrections

12 12 Community Corrections Successful Closures Source: Kansas Department of Corrections

13 13 Adult Recidivism (36 months)* Calendar Year Releases 2000 to % 56.70% Overall Recidivism New Convictions 50% 43.16% Conditional/Technical Violations 40% 38.62% 31.32% 34.18% 32.90% 33.78% 33.05% 34.78% 30% 20% 10% 0% 26.38% 20.97% 20.28% 21.06% 19.58% 20.43% 13.21% 11.84% 12.23% 12.62% 12.71% 13.47% 14.35% CY 2000 CY 2004 CY 2005 CY 2006 CY 2007 CY 2008 CY 2009 CY 2010 NOTE: For CY 2000, recidivism data was not available for New Convictions and Conditional/Technical Violations. * Recidivism counting rules are based on rules established by the Association of State Correctional Administrators (ASCA). Recidivism is measured on a 12-month calendar year. Source: Kansas Department of Corrections

14 14 Final Thoughts As stated earlier, KDOC acknowledges the need to continue investing in community corrections in order for JRI to work $5 million in additional funding for FY 2014 and 2015 was approved during the 2014 Session to enhance behavioral health services and interventions in the community

15 15 Questions? Contact Information: Justin Carroll, Fiscal Analyst 300 SW 10th Avenue, Rm. 68-W Topeka, KS