Reducing Recidivism in Vermont

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Reducing Recidivism in Vermont Briefing for House and Senate Committees Michael Thompson Director, Council of State Governments Justice Center March 31, 2011 Council of State Governments, Justice Center 1

National non-profit, non-partisan membership association of state government officials Represents all three branches of state government Justice Center provides practical, nonpartisan advice informed by the best available evidence Criminal Justice / Mental Health Consensus Project Council of State Governments, Justice Center Reentry Policy Council Justice Reinvestment

Growth in Spending on Corrections in MI Source: Data analyzed by Citizen s Research Council. Council of State Governments, Justice Center

Council of State Governments, Justice Center Landmark Federal Legislation: Second Chance Act

Overview Recap: Justice Reinvestment in Vermont What We Know Works to Reduce Recidivism Reducing Recidivism in Vermont Council of State Governments, Justice Center 5

1996 2006: Vermont s Prison Population Doubles Spending on corrections increased 129 percent from $48 million in FY 1996 to $130 million in FY 2008 Population projected to increase 23% by 2018 at a projected cost of $82 million for contract beds over 10 year or $206 million to build and operate additional prison beds Council of State Governments, Justice Center 6

Vermont Selected to Receive Intensive Technical Assistance through Justice Reinvestment Initiative Council of State Governments, Justice Center 7

Analysis Indicated Property and Drug Offenders Were Fastest Growing Segment of Prison Population Over half of the increase in the felony prison population in Vermont between 2000 and 2006 was attributable to property and drug offenders Although 77% of people sentenced to prison for property and drug offenses reported substance use disorders only 13% were in an in-prison treatment program Intensive supervision and community based services designed for reintegration assistance was under-utilized due to insufficient housing options in the community Council of State Governments, Justice Center 8

HB 859 Passed in 2008 Incorporated Justice Reinvestment Working Group Recommendations The Justice Reinvestment Working Group proposed a number of policies that were passed by the Legislature and signed into law by the Governor in 2008. Policies included: Establishment of a new 100-bed work camp for males with substance abuse treatment needs Pilot screening and assessment prior to sentencing to identify people appropriate for treatment and diversion programs Expansion of Intensive Substance Abuse Treatment program to divert offenders to intensive community supervision and treatment program Steps to improve supervision and outcomes of high risk offenders Since the bill passed: 100 bed camp opened in Windsor Phoenix House, the department s substance abuse treatment provider, uses the Addiction Severity Index and Texas Christian University s treatment assessment instruments to assess appropriate treatment placement Expanded the capacity of the Intensive Substance Abuse Treatment program to serve outpatient clients at a higher service level New Risk Management Supervision directive incorporates additional evidence-based risk reduction and risk control strategies Council of State Governments, Justice Center 9

Vermont s Prison Population Growth Has Slowed, Even Declined 2,900 2,700 2,500 2,300 2,100 1,900 Justice Reinvestment Legislation Enacted 2007 2011 Actual Population 1,700 1,500 1,300 1,100 900 Council of State Governments, Justice Center 10

Vermont s Reconviction Rate Has Declined in the Last 10 Years 70% 60% 62% 58% 53% 53% 56% 56% 52% 53% 52% 52% 50% Little Variation Occurred Between 1999 and 2006 40% 30% 16% Decline Over 10 Year Period in Percent Reconvicted 3 Years after Release 20% 10% *Approximately two-thirds of the new offense convictions were misdemeanors 0% 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Council of State Governments, Justice Center 11

Sen. Leahy: Champion of the Second Chance Act (SCA) VT s Second Chance Act Grant: Coming Home Full Circle reentry program Vermont s Reentry Strategic Plan utilizes local Community Justice Centers to review and support reentry efforts Under the SCA Coming Home grant, Circles of Support and Accountability (COSA) will be developed by Community Justice Center staff and work collaboratively with local groups providing services to offender Council of State Governments, Justice Center 12

Overview Recap: Justice Reinvestment in Vermont What We Know Works to Reduce Recidivism Reducing Recidivism in Vermont Council of State Governments, Justice Center 13

Justice Reinvestment Project Has Promoted Evidence-Based Practices Known to Reduce Recidivism Council of State Governments, Justice Center 14

National Summit on Justice Reinvestment and Public Safety Council of State Governments, Justice Center 15

What works to reduce recidivism When someone is released matters little to their re-offense rate. 1. Focus on the offenders most likely to commit crime 2. Invest in programs that work, & ensure they are working well 3. Strengthen supervision and deploy swift & certain sanctions 4. Use place-based strategies Council of State Governments, Justice Center Who they are What they do How they are supervised Where they return

1. Focus on offenders most likely to re-offend 100 people released from prison 50 re-arrested 50 not re-arrested? 10% re-arrested 35% re-arrested 70% re-arrested Council of State Governments, Justice Center

Focusing on low risk offenders can actually increase crime Impact of Ohio Community Based Correctional Facility Program on New Felony Conviction Rate Compared with Probation Supervision Low Risk + 5 Mod. Risk + 4 Overall, the program increased new felony conviction rate by 3 percentage points. High Risk - 5 *2010 Evaluation of Ohio Community Based Correctional Facilities & Halfway Houses. Council University of State of Governments, Cincinnati Justice Center 18

Revising Risk Targeting Distribution by Risk Level Re-Offense Rates by Risk Level Re-offense refers to a new offense within 3 years Council of State Governments, Justice Center 19

2. Invest in programs that work Steve Council Aos, Marna of State Miller, Governments, and Elizabeth Justice Drake. Center (2006). Evidence-Based Adult Corrections Programs: What Works and What Does Not. Olympia: Washington State Institute for Public Policy.

Harbor Light--D/A CompDrug MONDAY Oriana RIP Oriana CCTC West Central CATS male RTP TH Turtle Creek Cinti VOA SOT AH Alum Creek Harbor Light--Corr Alternatives Franklin STARK WORTH CTCC Canton NEOCAP Oriana TMRC TH Springrove Oriana Summit Pathfinder Oriana Cliff Skeen ALL CBCF FACILITIES EOCC Female ALL HWH FACILITIES Lorain-Medina Mahoning Oriana Crossweah River City STAR Talbert House CCC Booth H/Salv A CCA RTC I CCA RTC II Cinti VOA D/A Comm Trans Ctr Crossroads Diversified Fresh Start SOS TH Pathways AH Dunning ARCA Oriana RCC Licking-Muskingum CATS female RTP Mansfield VOA SEPTA TH Cornerstone EOCC Male Lucas AH Price AH Veterans Dayton VOA Small Programs Toledo VOA Northwest CCC TH Beekman CATS male TC % Difference in Rate of New Felony Conviction and ensure those programs are working well. Impact of Ohio Residential Correctional Programs on Recidivism (Annual State Funding: $104m) 60 50 40 30 20 10 0-10 -20-30 -40-50 -60 Council of State Governments, Justice Center * Results for all participants

3. Strengthen supervision Ensure that the offenders most likely to reoffend receive the most intensive supervision Higher risk offenders Initial period of supervision Develop a supervision plan that balances monitoring compliance with mandating participation in programs that can reduce their risk to public safety Respond to violations with swift, certain, and proportional sanctions Council of State Governments, Justice Center

Research Suggests Short, Swift & Certain Sanctions Work Best to Reduce Recidivism Georgia POM Enabling probation officers to employ administrative sanctions & probationers to waive violation hearings reduced jail time three-fold, reduced time spent in court, and increased swiftness of responses to violations. Hawaii HOPE Court-run intensive, random drug testing with swift, certain, and brief jail sanctions. The full Council Hawaii of HOPE State Governments, evaluation from Justice NIJ is available Center at: http://www.ncjrs.gov/pdffiles1/nij/grants/229023.pdf 23

4. Use place-based strategies Prison Admissions Hotspots Arizona, 2004 60% of the State s prison population comes from and returns to the Phoenix-Mesa metropolitan area.

Prison Admissions, 2006 Maricopa County 1/2 Mile Grid Map A single neighborhood in Phoenix is home to 1% of the state s total population but 6.5% of the state s prison population South Mountain Zip Code 85041 Prison Admissions = 31.8 per 1000 adults Jail Bookings = 96.5 per 1000 adults Probation = 25.1 per 1000 adults

Deer Valley North Mountain Paradise Valley Prison Expenditures Dollars, 2004 Maricopa County 1/2 Mile Grid Map GLENDALE Alhambra Maryvale Encanto Camelback East Estrella Central City Laveen South Mountain $1.1 Million $1.8 Million $1.6 Million Within high expenditure neighborhoods there are numerous, smaller area, million dollar block groups

High Density of Probationers in South Phoenix

Perspective on Vermont s Efforts to Address Factors Impacting Correctional Costs and Population Pressure Vermont Justice Reinvestment Project 2007-2008: History and Progress What We Know Works to Reduce Recidivism Recidivism in Vermont Council of State Governments, Justice Center 28

Applying Principles of Recidivism Reduction to VT Does the state use a validated and reliable risk assessment instrument to differentiate the population by risk of recidivating? Are the risk assessment data being used to inform program assignment to ensure that high risk offenders are appropriately targeted? Are programs science based, using designs and practices that have been validated as effective in reducing recidivism? Are supervision policies and practices and employed consistent with what the research shows reduces recidivism? Are reentry strategies place based? Council of State Governments, Justice Center 29

Definition of Recidivism Critical to Calculating Rate No national standard exists for defining recidivism Measures of recidivism used by correctional agencies include: Arrest Convictions Return to Incarceration Standard follow-up periods are also necessary when comparing recidivism rates. In general offenders tracked for 3 years will have higher recidivism rates than offenders only tracked for one year due to a longer period at risk of recidivating Track for 3 Years Percent Return to Prison for New Offense or Revocation of Supervision Release from Prison Council of State Governments, Justice Center 30

How Does Vermont Measure Recidivism? Vermont s primary method for measuring recidivism is the percent ofoffenders reconvicted for a new offense within 3 years 52% of offenders released from prison in Vermont were reconvicted within 3 years of release for any offense Reconviction (for any offense) includes offenders who may not be sentenced to prison or jail If reconvictions only included offenders who served time in prison or jail upon a reconviction the percent reconvicted would be reduced to 40%. It would be reduced to 23% if prison sentences of 1 year or more were required in the definition Most States and the Bureau of Justice Statistics utilize the percent of offenders returned to prison for a new sentence of 1 year or more or for a revocation of supervision to measure recidivism Vermont has rarely computed this rate due to a number of issues 66% of offenders released from prison in Vermont returned to prison within 3 years for any reason or length of time Returns included graduated sanctions and furlough admissions These type of admissions are not counted in other state s recidivism rate as illustrated in the next slide Council of State Governments, Justice Center 31

Vermont Counts Some in Recidivist Populations Who Are Not Counted in Other States Prison (Usually Sentenced to 365 Days or more) Re-incarceration for new crimes and revocations counted as recidivists Most common method of calculating recidivism Releases Tracked 3 Years after Release Releases who were sanctioned but not revoked In Vermont In Most States For Example: Modification of conditions of supervision as a graduated sanction with shortterm incarceration in jail or intermediate sanction facility Counted in recidivism numbers Not counted in recidivism numbers Council of State Governments, Justice Center 32

Vermont Does Not Have a Recidivism Definition Easily Comparable to Other States 70% 60% 50% 52% 48% 66% 54% 3 Year Relodging Reconviction of a New Offense 40% 30% 20% 28% 37% 29% Relodging of over 90 Days Relodging of 90 Days or Less 10% 17% Relodging of over 1 Year 0% National* Delaware Oklahoma Vermont * Back in prison, serving time for a new prison sentence or for a technical violation http://bjs.ojp.usdoj.gov/content/pub/pdf/rpr94.pdf Council of State Governments, Justice Center 33

Comparisons to States with Unified Jail/Prison Systems is Difficult Rhode Island and Connecticut have unified jail/prison systems. Recidivism is tracked differently in each of these states Rhode Island tracks sentenced offenders released from the Rhode Island Department of Corrections (including releases from Home Confinement) returned as a sentenced readmission within 3 years. The most recent 3 year recidivism rate is 54% Connecticut tracks any sentence offender returned on a new sentence within 3 years The most recent 3 year rate is 56.5% Council of State Governments, Justice Center 34

Improve Measurement of Recidivism and Set a Measurable Goal of Reducing It Recommended steps to improving measurement of recidivism Define recidivism measure consistent with most states Percent return to prison within 3 years for new offense conviction or revocation of supervision Develop procedures to capture admission type necessary to calculate recidivism rate In first year of implementation generate reports indicating admission types Begin producing 1 year recidivism rates o Identify high recidivism populations to target for intervention Establish a measurable goal of reducing recidivism A number of Justice Reinvestment states have established goals for reducing the number of recidivists returning to prison Goals have ranged from a 10% to 20% reduction in the number of recidivists returned to prison, usually accomplished over a 1 to 2 year period Justice reinvestment states such as Wisconsin, Ohio, Indiana and Texas have adopted recidivism reduction goals within those ranges Council of State Governments, Justice Center 35

Initial Findings: Vermont Requires Evidence-Based Practices and the Use of the LSI-R to Allocate Resources by Risk Policy directives are in place that: Uses a validated risk assessment instrument to differentiate offender populations by risk of reoffending Prioritize program assignments by risk Requires the use of evidence-based practices in program design Allocates supervision resources by risk of reoffending Risk based contact standards are in place and graduated sanctions are allocated according to risk The answer to each of the four questions posed earlier appears to be that policy directives are in place to positively impact recidivism. The question remains as to whether directives lead to practices that impact recidivism. Council of State Governments, Justice Center 36

Initial Findings: Vermont Uses a Validated Risk Assessment Instrument to Differentiate the Population by Risk The Level of Service Inventory-Revised was validated on a sample of Vermont prison releases. As the chart below indicates the LSI differentiates the release population into three different levels of risk of recidivism. Council of State Governments, Justice Center 37

Next Steps Determine if policy directives are implemented and practiced as designed Focus groups with practitioners (supervising officers, treatment providers, program administrators) to assess implementation Review department plans to: Implement Correctional Program Checklist (CPC) to assess if programs are using evidence-based practices in operations (currently receiving training) Evaluate effectiveness of programs and supervision similar to evaluations conducted by the University of Cincinnati for the Ohio Department of Corrections and Rehabilitation Develop policy recommendations related to the calculation and use of recidivism rates for review by policy makers and department administrators Recommendations regarding targeting of high risk offenders Recommendation requiring methodology and calculation of recidivism rates and setting a goal to reduce recidivism Departmental policy or statutory requirement? Council of State Governments, Justice Center 38

Thank You CONTACT Mike Thompson New York Office mthompson@csg.org Mike Eisenberg Austin Office meisenberg@csg.org Jessy Tyler Austin Office jtyler@csg.org The presentation was developed by members of the Council of State Governments 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 Justice Center, the members of the Council of State Governments, or the funding agency supporting the work. Council of State Governments, Justice Center 39