Justice Reinvestment in West Virginia

Transcription

1 Justice Reinvestment in West Virginia Presentation to WV Behavioral Health Planning Council October 16, 2014 Joseph D. Garcia Deputy General Counsel Office of Governor Earl Ray Tomblin Outline of Presentation 1. The Justice Reinvestment Process 2. Senate Bill Expanding Community Based Substance Abuse Treatment and Other Important Criminal Justice Initiatives 1

2 1. The Justice Reinvestment Process Justice Reinvestment a data driven approach to reduce corrections spending and reinvest savings in strategies that can decrease recidivism and increase public safety. Justice Reinvestment Partners Phase I Phase I / II Council of State Governments Justice Center 3 Two phases of Justice Reinvestment Phase I Analyze Data and Develop Policy Options Analyze data crime/arrests, courts, corrections, and supervision trends Solicit input from stakeholders Assess behavioral health system and treatment capacity Develop policy options and estimate impacts Phase 2 Implement New Policies Identify assistance needed to implement policies effectively Deploy targeted reinvestment strategies to increase public safety Track the impact of enacted policies/programs Monitor recidivism rates and other key measures Council of State Governments Justice Center 4 2

3 Why Reform? Between 2007 and 2012, the prison population in West Virginia had grown 20%. Over the next five years, an additional 1,400 individuals would enter the system. A new prison facility would cost an estimated $200 million dollars. THE DATA did not show that the number of people we incarcerated actually made the citizens of West Virginia any safer. Justice Reinvestment Analysis Finding: Substance Use Major Driver for West Virginia Prison Growth 1,600 1,400 DOC Commitments by Offense Type ,368 Property Up 11% 1,200 1, Drug Up 11% Other Up 12% Violent Down 1% Stakeholder outreach suggested that many property offenses were also related to substance use. Source: WV DOC commitments dataset Council of State Governments Justice Center 6 3

4 Few Substance Abuse Services Provided for Individuals Supervised in the Community DRC Probation Drug Court DOC Parole Funding for services Capacity to provide services Estimated demand for services Total $986,088 $0 $1,137,838 $872,000 $0 Unknown None 430 ALADRUE: 944 RSAT: 427 None 108 1, , Outpatient Intensive Outpatient Residential with step down Source: D.A. Andrews & James Bonta, ColorPlpt Profile Form for Men, The Level of Service Inventory Revised: U.S. Norms, 2003 Steven Belenkoa & Jordon Peugh Estimating Drug Treatment Needs Among State Prison Inmates. Drug and Alcohol Dependence 77, no. 3 (2005): Conversation with Alexa Eggleston and Fred Osher, November, 2012 Council of State Governments Justice Center 7 Findings of Justice Reinvestment Working Group Inconsistent revocation standards for probation and parole; Some inmates being released without ANY supervision; and A need for more community based substance abuse resources. Council of State Governments Justice Center 8 4

5 2. Senate Bill 371 Result of extensive analysis conducted by CSG Justice Center, with leadership from bi partisan, interbranch Work Group Policy options passed by legislature in 2013 session with bipartisan support Signed into law by Governor Tomblin on May 2, 2013 Most major provisions became effective July 12, 2013 Council of State Governments Justice Center 9 Goal of Senate Bill 371 To strengthen community-based supervision and the use of risk assessments; To ensure that no violent inmates are released without supervision; and To invest in drugs courts and other communitybased treatment for substance abuse and mental health issues. Council of State Governments Justice Center 10 5

6 Senate Bill 371 Justice Reinvestment policies outlined in Senate Bill 371: Adopt a statewide risk/needs assessment and focus supervision resources on higher risk individuals Respond to supervision violations with swift, certain, and cost effective sanctions Invest in community based substance abuse treatment for people on supervision with substance abuse treatment needs Council of State Governments Justice Center 11 Since JR implementation began, West Virginia s prison population has declined 10,000 9,000 8,893 8,000 7,000 6,000 5,000 5,869 7,146 Justice reinvestment policies enacted (July 2013) 6,715 (as of April 2014) 7,943 7,418 Baseline Estimated Population 4,000 3,000 2,000 1,000 Implementation of some justice reinvestment policies began prior to the legislation s effective date and contributed in part to an earlier decrease in the prison population than originally projected Source: Estimates and population figures can be found in the CSG Justice Center s Justice Reinvestment in West Virginia: Analyses & Policy Options to Reduce Spending on Corrections & Reinvest in Strategies to Increase Public Safety. WVDOC provides actual prison population monthly to CSG. SB 371 Estimated Population Working Group Policy Framework Estimated Population Calendar Year end Population Council of State Governments Justice Center 12 6

7 Share of DOC sentenced offenders confined to regional jails has also decreased 8000 Justice reinvestment policies enacted (July 2013) ,966 6,999 6, Offenders confined to DOC institutions The total DOC population in West Virginia has dropped by almost 300 inmates since July ,315 5,328 The population of DOCsentenced offenders confined to regional jails has declined by roughly 50% since July DOC sentenced offenders confined to RJA 1,651 1, Jan 13 Feb 13 Mar 13 Apr 13 May 13 Jun 13 Jul 13 Aug 13 Sep 13 Oct 13 Nov 13 Dec 13 Jan 14 Feb 14 Mar 14 Apr 14 Source: West Virginia DOC monthly prison population data to CSG ( WV Data Elements.xls ). 5,857 Monthly DOC Population Council of State Governments Justice Center 13 Reduction in Incarceration Following S.B. 371 Almost 5% Reduction in Total Prison Population 10/16/14 Population: 6,793 4/13/13 Population: 7,078 1,000 Fewer People in Prison Than Projected Reduced Overcrowding at Regional Jails by Over 800 People. Council of State Governments Justice Center 14 7

8 3. Expanding Community Based Substance Abuse Treatment and Other Important Criminal Justice Initiatives SB 371 Provision West Virginia s upfront reinvestment in community based substance abuse treatment (FY 2014 Supplemental Appropriation to DMAPS, FY 2015 Appropriation to DJCS) Treatment supervision sentencing option; Effective date Jan. 1, 2014 ( a) Statewide expansion of drug courts by 2016 ( ) Implementation Status In progress. Phase 1 sites awarded May Phase 2 roll out planned for late 2014 In progress. Sentencing to substance abuse treatment resources through treatment supervision became available in 7 pilot counties as part of Reinvestment pilots, awarded May 2014 In progress. Supreme Court received grant to facilitate drug court expansion and education Council of State Governments Justice Center 15 $1.2 million for first phase of reinvestment pilot sites awarded May 2014 Wood County: 6 10 bed treatment facility; outpatient and intensive outpatient programs; counselors and specialists Kanawha County: Outpatient and intensive outpatient programs; counselors and specialists Cabell County: Counselors and specialists Marshall County: 6 10 bed treatment facility; outpatient and intensive outpatient programs; counselors and specialists Harrison County: Counselors and specialists Reinvestment resources are prioritized for high risk and need individuals Substance abuse reinvestment funding levels FY 2014 appropriation $3 million FY 2015 appropriation $3.22 million State reinvestment set at $5 million annually FY 2016 through FY 2018 Logan County: Outpatient and intensive outpatient programs; counselors and specialists Mercer County/southwestern Virginia: bed treatment facility; outpatient and intensive outpatient programs; counselors and specialists Source: Governor Tomblin Announces $1.2 Million in Justice Reinvestment Treatment Supervision Grant Awards, press release from Office of the Governor, May 22, Council of State Governments Justice Center 16 8

9 Implementing statewide rollout of expanded substance abuse services Identify methods to address gaps in available resources Target funds according to risk/needs Ensure that services are available for offenders supervised in the community through parole, probation, drug court, DRCs, and treatment supervision Council of State Governments Justice Center 17 Coordinating Workforce Training and Assistance Director of Housing and Employment in DOC Workforce WV Involvement in Facilities Job fairs; interview and resume preparation; Bonding program ($10K) and tax credit for employers who hire individuals with criminal conviction Division of Rehabilitation Services Substance abuse is a disability Federal funding to help people obtain and maintain better jobs Council of State Governments Justice Center 18 9

10 Improving coordination of parolee management processes between the Parole Board and DOC DOC and the Parole Board have requested intensive technical assistance to support joint implementation efforts Review current policy, procedure, and practice Restructure case information provided by DOC to the Parole Board Training for Parole Board Training for DOC staff Council of State Governments Justice Center 19 Leveraging the Affordable Care Act to maximize funds for substance abuse treatment DMAPS and DHHR requested intensive technical assistance to support collaborative efforts already underway to leverage the Affordable Care Act Enrollment Data sharing needs and processes Strategies to leverage Medicaid Progress metrics Council of State Governments Justice Center 20 10

11 Continue inter agency, inter branch collaboration and coordination with other statewide initiatives GACSA Community Corrections Subcommittee Information Sharing Committee State Recidivism Reduction (SRR) Planning Grant Affordable Care Act roll out Council of State Governments Justice Center 21 11