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$ons 04 Next Steps
REMINDER: Montana s prison population is at capacity and is projected to continue to increase. Year End (FY) Actual and Projected Prison Population, 2008 2025 3,500 3,000 2,500 2,000 2,628 Current Prison Capacity 2,573 3,080 Projected Increase: 452 1,500 1,000 Actual Projected 500 0 2008 2010 2012 2014 2016 2018 2020 2022 2024 Expanding capacity to address projected growth will cost the state tens to hundreds of millions of dollars over nine years. Council of State Governments Jus$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 31,388 30,190 30,890 Total Number of Arrests Total arrests increased 12% from 2009. 30,000 25,000 2,720 3,230 3,216 3,947 4,601 4,292 4,484 Revocation/ Violation/FTA Arrests (8% to 15%) Revoca$on/viola$on/FTA arrests account for 45% of the increase in overall arrests. 20,000 15,000 18,939 18,941 18,710 20,517 21,190 19,972 19,847 Misdemeanor Arrests (70% to 64%) Misdemeanor arrests increased 5% and account for 23% of the overall increase. 10,000 5,000 5,275 4,030 5,192 5,815 5,597 5,926 6,559 Felony Arrests (20% to 21%) Felony arrests increased 12% and account for 32% of the overall increase. - 2009 2010 2011 2012 2013 2014 2015 Source: Montana Department of Justice Arrest Data, FY2009 FY2015 Council of State Governments Jus$ce Center 4 Council of State Governments Jus$ce Center 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$ons, and Failure to Appear, FY2009 FY2015. 5,000 4,500 4,000 3,500 3,000 2,500 2,000 1,500 2,720 3,230 3,216 3,947 4,601 4,292 4,484 211 209 167 368 213 125 111 194 192 416 380 342 1,034 811 702 692 253 261 441 296 378 248 346 420 317 521 320 702 297 621 989 474 1,188 1,221 1,212 Bail/Bond Revocation (Raw increase of 109%) Parole Violation (Raw increase of 241%) Violate Release Conditions (Raw increase of 65%) Failure to Appear (Raw increase of 189%) Probation Violation (Raw increase of 75%) 1,000 500 1,258 1,412 1,363 1,373 1,671 1,414 1,327 Revocation Suspended / Deferred Sentence (Raw increase of 5%) - 2009 2010 2011 2012 2013 2014 2015 Source: Montana Department of Justice Arrest Data, FY2009 FY2015 Council of State Governments Jus$ce Center 5 Council of State Governments Jus$ce Center 5
REMINDER: Drug-related arrests have increased 62% and now account for 18% of all arrests. 6,000 Felony and Misdemeanor Arrests for Drug Offenses, FY2009 FY2015 5,569 5,000 4,000 3,445 1,419 1,717 1,834 Felony drug arrests increased 100% (increased from 3% to 6% of all arrests) 1,245 3,000 911 1,045 1,046 2,000 1,000 2,534 2,483 2,398 2,929 3,137 3,503 3,735 Misdemeanor drug arrests increased 47% (increased from 9% to 12% of all arrests) - 2009 2010 2011 2012 2013 2014 2015 Source: Montana Department of Justice Arrest Data, FY2009 FY2015 Council of State Governments Jus$ce Center 6 Council of State Governments Jus$ce Center 6
REMINDER: District court case filings have gone up sharply in the last four years. Almost half of the increase appears to be driven by a rise in felony drug possession filings. District Court Criminal Case Filings 2011 2014 +29% 10,000 9,000 8,000 7,726 7,454 7,249 8,312 9,147 9,339 7,000 6,000 5,000 4,000 3,000 2,000 1,000 0 2009 2010 2011 2012 2013 2014 Source: Montana District Court Case Filings and Dispositions, 2005-2014. Cases include new offenses and reopenings. Council of State Governments Jus$ce Center 7
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 Plea to Disposition 77 Days FY2015 Filing to Disposition 213 +18% since FY12 Filing to Plea 90 Days Plea to Disposition 123 Days 13% since FY12 +60% 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. Council of State Governments Jus$ce Center 8
REMINDER: Montana s jail incarceration population increased significantly in recent years, and is the highest of its neighbors. Jail length of stay is above average. 2013 Jail Incarceration Rate Per 100,000 residents 280 350 360 220 260 320 240 290 150 Percent Change in Jail Population, 2011-2013 MT CO ID ND SD MN WY UT NE Jail Average Length of Stay, 2013 MT CO ID ND SD MN WY UT NE 27 67% 21 22 West / Midwest Jail LOS Average: 18 days 12 12 12 13 20 18 7% 2% 5% 6% 4% 7% -1% -11% Council of State Governments Jus$ce Center 9 Source: US. Department of Justice, Census of Jails: Population Council Changes, of State Governments 1999-2013 Jus$ce Center 9
REMINDER: More than 60% of people who successfully complete probation do so after serving more than three years on supervision. 30% serve more than five years. FY2015 Proba$on Releasee Length of Stay for Successful Completers 26% 27% 30% 30% 33% 29% 31% 34% 34% 32% 29% 33% 37% 38% 37% 36% 34% 39% 31% 32% 29% 3% 3% 4% 1% 3% 2% 2% 2009 2010 2011 2012 2013 2014 2015 < 1 Year 1-3 Years 3-5 Years 5+ Years Source: Montana Department of Corrections FY Release Data Council of State Governments Jus$ce Center 10 Council of State Governments Jus$ce Center 10
REMINDER: Resentencing analysis demonstrates diminished recidivism with passage of time. Months to Resentencing Among Those Resentenced Within Three Years, FY2012 Proba$on Admission Cohort 41% of new admits were resentenced within three years. 70 47% of those resentenced during first three years did so within the first 12 months. 60 50 40 30 20 10 47% 33% 15% 0.00 6.00 12.00 18.00 24.00 30.00 36.00 Source: Montana Department of Corrections Admissions & Offense History Data Council of State Governments Jus$ce Center Council of State Governments Jus$ce Center 11 11
REMINDER: Most entrances to Montana s criminal justice system have an average of just over 2 system admits in the time period, though 199 have 5 or more. Admission Patterns for FY2012 Original Sentences through FY2015 2,046 FY 2012 Original Sentences *1% went directly to CR or Parole 1 st Admission Prison 130 (6%) Probation 1,346 (66%) Alternatives564 (28%) 50 (38%) no other admits 2% Overall 883 (66%) no other admits 43% Overall 2 (0%) no other admits 0% Overall 2 nd Admission Probation 15 (12%) Parole 33 (25%) Alts 32 (25%) Probation 20 (2%) Prison 47 (4%) Alts 396 (30%) Probation 235 (42%) Prison 148 (26%) CR 171 (30%) 3 rd Admission 1% 2% Overall Overall 80% have 3 or less system admits by the end of FY2015 2% Overall 60 (15%) no other admits 1% Overall Probation 19 (5%) 2% Overall Prison 107 (27%) 19% Overall CR 209 (53%) 11% Overall 7% Overall Alts 43 (18%) 9% Overall 183 (78%) no other admits Council of State Governments Justice Center 12 Source: Montana Department of Corrections Sentencing Data Council of State Governments Jus$ce Center 12 Prison 9 (4%)
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$ons 16. Expand eligibility for crime vic-m compensa-on benefits. 17. Improve the quality of and access to bakerer s interven$on programs. Council of State Governments Justice Center 32
Policy Op$ons 16. Expand eligibility for crime vic$m compensa$on benefits. 17. Improve the quality of and access to bakerer s interven-on programs. Council of State Governments Justice Center 33
Policy Op$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$ons to evaluate state-funded programs and enforce program standards. 23. Require the Department of Correc$ons 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.