Statewide Criminal Justice Recidivism and Revocation Rates SUBMITTED TO THE 82ND TEXAS LEGISLATURE LEGISLATIVE BUDGET BOARD STAFF JANUARY 2011
STATEWIDE CRIMINAL JUSTICE RECIDIVISM AND REVOCATION RATES LEGISLATIVE BUDGET BOARD JANUARY 2011 COVER PHOTO COURTESY OF HOUSE PHOTOGRAPHY
Criminal Justice Data Analysis Team Michele Connolly, Manager Jamie Gardner, Analyst Adriana Marin, Analyst Laurie Molina, Analyst Ed Sinclair, Analyst Public Safety and Criminal Justice Team John Newton, Manager Angela Isaack, Analyst David Repp, Analyst Melissa Wurzer, Analyst
STATEWIDE CRIMINAL JUSTICE RECIDIVISM AND REVOCATION RATES One responsibility of the Criminal Justice Data Analysis Team of the Legislative Budget Board (LBB) is to calculate recidivism rates for adult and juvenile correctional populations. This report summarizes the analysis of reincarceration rates for adult offenders who were released from prisons, state jails, Substance Abuse Felony Punishment Facilities, In-Prison Therapeutic Community program, and Intermediate Sanction Facilities in fiscal years 2006 and 2007; and rearrest rates for adult offenders released from prisons and state jails in fiscal years 2005 and 2006. In addition, this report summarizes reincarceration rates for juveniles released from the Texas Youth Commission (TYC) and incarceration rates for those supervised by juvenile probation depmiments in fiscal years 2006 and 2007, and it presents rearrest rates for the fiscal years 2005 and 2006 juvenile cohorts. Also included is a review of recidivism information for other areas of the adult criminal and juvenile justice systems. The purpose of this rep01i is to highlight what is known about the success and failure of offe in the Texas criminal and juvenile justice systems in recent years. -- Legislative Budget Board
TABLE OF CONTENTS INTRODUCTION... 1 Introduction... 2 Report Highlights... 4 ADULT CORRECTIONAL RECIDIVISM RATES... 7 Community Supervision... 8 Description... 9 Felony Community Supervision Revocations... 10 Revocations... 10 Revocation Rates... 11 Correctional Institutions... 12 Description... 13 Substance Abuse Felony Punishment Facility Reincarceration... 14 Reincarceration Rates... 14 A Comparison of Fiscal Years 2004 2007... 15 A Profile of Recidivists... 16 Reincarceration Rates for Select Offender Characteristics... 17 In-Prison Therapeutic Community Reincarceration... 18 Reincarceration Rates... 18 A Profile of Recidivists... 19 Reincarceration Rates for Select Offender Characteristics... 20 State Jail Reincarceration... 21 Reincarceration Rates... 21 A Comparison of Fiscal Years 2003 2007... 22 A Profile of Recidivists... 23 Reincarceration Rates for Select Offender Characteristics... 24 State Jail Rearrest... 25 Rearrest Rates... 25 A Comparison of Fiscal Years 2003 2006... 26 A Profile of Recidivists... 27 Rearrest Rates for Select Offender Characteristics... 28 Offender Characteristics by Rearrest and Reincarceration... 29 Prison Reincarceration... 31 Reincarceration Rates... 31 A Comparison of Fiscal Years 1998 2007... 32 A Profile of Recidivists... 33 Reincarceration Rates for Select Offender Characteristics... 34 Prison Rearrest... 35 Rearrest Rates... 35 A Comparison of Fiscal Years 2002 2006... 36 A Profile of Recidivists... 37 Rearrest Rates for Select Offender Characteristics... 38 Offender Characteristics by Rearrest and Reincarceration... 39 Legislative Budget Board i
Parole... 41 Description... 42 Active Parole Revocations... 43 Revocations... 43 Revocation Rates... 44 A Profile of Revoked Parolees... 45 Intermediate Sanction Facility Reincarceration... 46 Reincarceration Rates... 46 A Comparison of Fiscal Years 2004 2007... 47 A Profile of Recidivists... 48 Reincarceration Rates for Select Offender Characteristics... 49 JUVENILE CORRECTIONAL RECIDIVISM RATES... 50 Juvenile Probation... 51 Description... 52 Juvenile Probation Incarceration... 53 Incarceration Rates... 53 Juvenile Probation Residential Placement... 54 Residential Placement Rates... 54 Juvenile Probation Rearrest... 55 Rearrest/Rereferral Rates... 55 Juvenile Probation Revocations... 56 Revocations... 56 Revocation Rates... 57 A Profile of Juveniles with Revoked Supervisions... 58 Juvenile Correctional Institutions... 59 Description... 60 Texas Youth Commission Reincarceration... 61 Reincarceration Rates... 61 A Profile of Recidivists... 62 Reincarceration Rates for Select Juvenile Characteristics... 63 Texas Youth Commission Rearrest... 64 Rearrest Rates... 64 A Profile of Recidivists... 65 Rearrest Rates for Select Juvenile Characteristics... 66 Juvenile Characteristics by Rearrest and Reincarceration... 67 Texas Youth Commission Revocations... 68 Revocations... 68 Revocation Rates... 69 A Profile of Revoked Parolees... 70 Revocation Rates for Select Juvenile Characteristics... 71 GLOSSARY... 72 APPENDIX A: TEXAS RECIDIVISM RATES VS. OTHER STATES... 76 APPENDIX B: COMPARISON OF TEXAS RECIDIVISTS... 78 APPENDIX C: COMPARISON OF TEXAS RELEASE COHORTS AND RECIDIVISTS... 81 Legislative Budget Board ii
INTRODUCTION Legislative Budget Board 1
INTRODUCTION The purpose of this report is to summarize recidivism data that are currently known about Texas adult criminal and juvenile justice populations. In general terms, recidivism is defined as a return to criminal activity after previous criminal involvement. Since all criminal activity committed by an offender is not known, certain indicators of subsequent criminal activity are used to calculate recidivism rates. Some of these indicators include rearrest, conviction, probation or parole revocation, and recommitment to incarceration. Definitions of terms used throughout this report can be found in the glossary. To calculate a recidivism rate, a group of individuals exposed to a treatment or sanction are followed over a period of time. The number in the group who fail within the specified time period divided by the total number in the group is used to determine the recidivism rate. Typical groups of offenders for which recidivism rates may be calculated are offenders placed on community supervision (formerly called adult probation), offenders placed on parole supervision, and offenders discharged from prison. The typical follow-up period for offenders in the criminal justice system is three years. This is the period of time in which the largest percentage of offenders who are likely to recidivate do so. For this report, the Criminal Justice Data Analysis Team within the Legislative Budget Board (LBB) analyzed data on adult offenders released from Texas prisons, state jails, Substance Abuse Felony Punishment Facilities (SAFPFs), In-Prison Therapeutic Community (IPTC) program, and Intermediate Sanction Facilities (ISFs) during fiscal years 2006 and 2007. Each offender in the 2006 and 2007 release cohorts was followed for a three-year period. Any offender who was reincarcerated in either a state jail or prison facility at least once during the three-year follow-up period was considered a recidivist. A three-year rearrest rate was computed for the fiscal years 2005 and 2006 prison release cohorts, and state jail release cohorts. Any offender who was rearrested for at least a Class B Misdemeanor within the three-year follow-up period was considered a recidivist. Rearrest follow-up for the 2007 release cohorts was delayed to ensure complete three-year information would be available. As data become available, rearrest statistics will be expanded to include additional populations as appropriate. Revocation rates for adult felony community supervision and active parole were calculated to determine the number of probationers and parolees who had their supervision revoked, and were subsequently sentenced to imprisonment or confinement. For Juveniles, a three-year reincarceration rate for cohorts released from the Texas Youth Commission (TYC) in fiscal years 2006 and 2007 was calculated, as well as a three-year incarceration rate for those supervised by juvenile probation departments during this time. Also, a three-year rearrest rate was computed for the fiscal years 2005 and 2006 juvenile cohorts. Further, revocation rates for active TYC parolees and active felony juveniles supervised by juvenile probation departments were calculated. Legislative Budget Board 2
INTRODUCTION The LBB has been working with the various state agencies for the past seven years in order to improve its repository of individual offender data. Significant enhancements have been made to the data available on both the adult criminal and juvenile justice populations. As data become available, analyses contained within this report will become more comprehensive. In particular, efforts have been undertaken to improve the information available on the offenders under supervision in the community. After April 2010, the Texas Department of Criminal Justice Community Justice Assistance Division (CJAD) transitioned from compiling aggregate population data from counties through the Monthly Community Supervision and Corrections Report (MCSCR) to generating monthly population reports based on detailed case-based data collected through the Community Supervision Tracking System / Intermediate System (CSTS Intermediate System). To account for the gaps in information, the LBB conducted various projects to address the information needs of the Legislature. In various sections of this report, there are references to additional publications that review cohorts of offenders, as well as qualitative information resources. Please note, percentages presented in this report do not always add to 100% due to rounding. Legislative Budget Board 3
REPORT HIGHLIGHTS Community Supervision The number of adults under felony direct community supervision (adult probation) increased every fiscal year from 2005 through 2010; whereas the number of direct supervision felons revoked decreased slightly during this time. The average felony community supervision revocation rate decreased from 16.4 percent in fiscal year 2005 to 14.7 percent in fiscal year 2010. Substance Abuse Felony Punishment Facility The fiscal year 2007 Substance Abuse Felony Punishment Facility (SAFPF) release cohort had a three-year reincarceration rate of 40.3 percent. This rate is slightly higher than that of the fiscal year 2006 SAFPF release cohort (39.6 percent). The average time out of custody before reincarceration (time-to-failure) was 16 months for both cohorts. In-Prison Therapeutic Community State Jail Prison The fiscal year 2007 In-Prison Therapeutic Community (IPTC) release cohort had a three-year reincarceration rate of 24.7 percent, and an average time-to-failure before reincarceration of 22 months. The fiscal year 2006 IPTC release cohort had a slightly lower three-year reincarceration rate (24.1 percent), and a shorter average time-to-failure (21 months). The fiscal year 2007 state jail release cohort had a 31.9 percent three-year reincarceration rate. This rate is slightly lower than that of the fiscal year 2006 state jail release cohort (32.5 percent). The average time-to-failure before reincarceration was 17 months for both cohorts. The reincarceration rate of state jail releases has steadily decreased since fiscal year 2003 (34.4 percent). The fiscal years 2005 and 2006 state jail release cohorts had three-year rearrest rates of 64.3 percent and 64.2 percent (respectively), and an average time-to-failure before rearrest of 11 months for both cohorts. These state jail rearrest rates are higher than that of the fiscal years 2003 release cohort (47.1 percent), and the fiscal years 2004 release cohort (62.7 percent). Prison release cohorts had three-year reincarceration rates of 26.0 percent (fiscal year 2006 cohort), and 24.3 percent (fiscal year 2007 cohort). The average time-to-failure before reincarceration was 19 months for both cohorts. The reincarceration rate of prison releases has steadily decreased from the 28.5 percent level in fiscal year 2002. The fiscal years 2005 and 2006 prison release cohorts had three-year rearrest rates of 49.1 percent and 48.8 percent (respectively), and an average time-to-failure before rearrest of 14 months for both cohorts. The prison rearrest rate has increased from the 46.2 percent level in fiscal year 2002. Legislative Budget Board 4
REPORT HIGHLIGHTS Parole The average active adult parole revocation rate decreased every fiscal year since 2004. The rate decreased from 14.8 percent in fiscal year 2004 to 8.2 percent in fiscal year 2010. Intermediate Sanction Facility The fiscal year 2007 Intermediate Sanction Facility (ISF) release cohort had a three-year reincarceration rate of 40.1 percent, and an average time-to-failure before reincarceration was 16 months. The fiscal year 2006 ISF release cohort had a higher three-year reincarceration rate (42.9 percent), and a shorter average time-to-failure (15 months). Juvenile Probation In recent years, juvenile courts have sent fewer juveniles to the Texas Youth Commission as a result of legislation passed by the Eightieth Legislature, 2007, and the Eighty first Legislature, 2009. Juvenile probation departments (JPDs) have, as a result, served a greater number of youth with more serious delinquent backgrounds. All juveniles included in the recidivism analysis were served by JPDs prior to this shift, however, and few juveniles included in the revocation analysis (those supervised in the last portion of fiscal year 2007 and thereafter) were served after this shift. The three-year incarceration rate was 2.7 percent for juveniles beginning deferred prosecution supervision in fiscal year 2007, 13.4 percent for juveniles beginning adjudicated probation supervision in fiscal year 2007, and 27.5 percent for juveniles leaving secure residential placement facilities in fiscal year 2007. The three-year rearrest/rereferral rate was 51.2 percent for juveniles beginning deferred prosecution supervision in fiscal year 2007, 66.0 percent for juveniles beginning adjudicated probation supervision in fiscal year 2007, and 75.6 percent for juveniles leaving secure residential placement facilities in fiscal year 2007. The revocation rate for juveniles beginning deferred prosecution supervision for felony offenses has remained relatively small and stable for the last six fiscal years, ranging from a low of 0.05 percent in fiscal year 2008 and a high of 0.2 percent in fiscal years 2005 and 2008. In fiscal year 2010, the revocation rate was 0.2 percent. The revocation rate for juveniles beginning deferred prosecution supervision for felony offenses has fallen consistently each year since fiscal year 2005. In fiscal year 2010, the revocation rate was 3.2 percent. Juvenile Correctional Institutions Most Texas Youth Commission (TYC) cohorts included in this study were held in TYC custody prior to the significant changes made to TYC s authority by the Eightieth Legislature, 2007, and prior to the programmatic changes that followed. All juveniles included in the recidivism analysis were served by TYC prior to this shift, however, and few juveniles included in the revocation analysis (those committed to TYC on or after June 8, 2007, and beginning parole supervision thereafter) were served after this shift. Legislative Budget Board 5
REPORT HIGHLIGHTS The three-year reincarceration rate was 41.2 percent for the fiscal year 2006 cohort and 35.7 percent for the fiscal year 2007 cohort. The three-year rearrest rate was 76.4 percent for the fiscal year 2005 cohort and 73.6 percent for the fiscal year 2006 cohort. The average time to rearrest was 13 months for the fiscal year 2005 and 2006 cohorts. The average time to reincarceration was 15 months for the fiscal year 2006 cohort and 14 months for the fiscal year 2007 cohort. The parole revocation rate has remained relatively stable over the last decade, ranging from a low of 13.7 percent in fiscal year 2007 to a high of 18.9 percent in fiscal year 2005. In fiscal year 2010, the revocation rate was 14.3 percent. Legislative Budget Board 6
ADULT CORRECTIONAL RECIDIVISM RATES Legislative Budget Board 7
COMMUNITY SUPERVISION Legislative Budget Board 8
DESCRIPTION The Texas Department of Criminal Justice Community Justice Assistance Division (CJAD) provides funding and oversight of community supervision in Texas (formerly called adult probation). Offenders on community supervision serve their sentence in the community, rather than in jail or prison. CJAD does not work directly with offenders. Instead, it works with the Community Supervision and Corrections Departments (CSCDs) that supervise and rehabilitate the offenders. There are 122 CSCDs in Texas, organized within judicial districts, serving all 254 counties. CSCDs monitor offenders who are sentenced to community supervision by local courts. Because the case-based statewide tracking system for adult offenders under community supervision (CSTS Intermediate System) did not become fully operational until January 2008, statewide community supervision revocation rates are the best indicator available of community supervision outcomes. Prior to generating detailed case-based monthly population reports through the CSTS Intermediate System in 2010, CSCDs submitted aggregate revocation data to CJAD on a monthly basis. To account for the gaps in information, the Legislative Budget Board (LBB) conducted various projects to address the information needs of the Legislature. Following is a list of reports published as a result of these projects. They can be obtained from the LBB website at http://www.lbb.state.tx.us/. Texas Community Supervision Revocation Project: A Profile of Revoked Felons during September 2005. Legislative Budget Board, September 2006. Establishes a baseline profile of felony probation revocations during September 2005 from the five largest Community Supervision and Corrections Departments (CSCDs) in Texas (i.e., Bexar, Dallas, Harris, Tarrant, and Travis counties). The time period is important because it is prior to significant appropriation increases by the Seventy ninth Legislature, as well as subsequent funding appropriations by the Eightieth and Eighty first Legislatures, intended to enhance community supervision alternatives to incarcerations (e.g., residential treatment beds, out-patient substance abuse services, caseload reductions). Texas Community Supervision Revocation Project: Fiscal Year 2006 Follow-up Study. Legislative Budget Board, January 2007. Documents the preliminary impact of the additional community supervision funding, and the process changes that occurred in the five selected CSCDs during fiscal year 2006. Texas Community Supervision Revocation Project: A Comparison of Revoked Felons during September 2005 and September 2007. Legislative Budget Board, August 2008. Addresses the potential impact of the additional community supervision funds provided during the Seventy ninth Legislative Session and the shifts in local policies and practices, by capturing information on all felons revoked during September 2007 from the selected CSCDs and comparing the findings with the 2005 cohort. This section of the report provides recidivism information for offenders placed on felony community supervision who were subsequently revoked and sentenced to prison, state jail, county jail, state boot camp, or other revocations. Legislative Budget Board 9
Revocations FELONY COMMUNITY SUPERVISION REVOCATIONS Revocations An offender under felony community supervision (adult probation) may be revoked and sentenced to imprisonment or confinement for violating conditions of community supervision. An offender can be revoked for committing a new offense or for technical violations. A technical violation is any violation of conditions other than committing a subsequent new offense (e.g., positive urinalysis, failure to pay fees). Figure 1: Felony Community Supervision Revocations to Prison, State Jail, County Jail, State Boot Camp, and Other Revocations, Fiscal Years 2001 2010 30,000 25,000 20,000 15,000 10,000 5,000 0 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Fiscal Year Total Revocations Prison State Jail State Boot Camp, County Jail, and Other Sources: Legislative Budget Board; Texas Department of Criminal Justice Community Justice Assistance Division (CJAD), Monthly Community Supervision and Corrections Report (MCSCR), Community Supervision Tracking System / Intermediate System (CSTS Intermediate System). Note: During fiscal year 2010, CJAD transitioned from compiling aggregate population data from counties through the MCSCR to generating monthly population reports based on detailed case-based data collected through the CSTS Intermediate System. Community supervision data through fiscal year 2009 are based on population counts reported to the MCSCR, and fiscal year 2010 data are based on monthly reports generated from the CSTS Intermediate System. The majority of revoked direct supervision felons are sentenced to prison or state jail (94.2 percent in fiscal year 2009 and 95.1 percent in fiscal year 2010). From fiscal year 2001 to 2005, approximately 54.7 percent of the felony community supervision revocations were for technical violations, and the remaining 45.3 percent involved probationers who had a subsequent new offense conviction or arrest as the primary reason for revocation. Since fiscal year 2006, approximately one-half of the felony revocations have been for technical violations (49.5 percent), and the other half for subsequent new offense convictions or arrests (50.5 percent). Felony community supervision revocations account for approximately one-third of prison admissions annually. For example, in fiscal year 2010, there were 42,858 prison admissions and 13,579 of them (31.7 percent) were felony community supervision revocations. Legislative Budget Board 10
FELONY COMMUNITY SUPERVISION REVOCATIONS Revocation Rates To compute the average felony community supervision revocation rate, the number of felony revocations during a given year is divided by the average felony direct supervision population for that same year. The table below summarizes the average felony revocation rates for the last ten fiscal years. Felony community supervision revocations include revocations to prison, state jail, county jail, state boot camp, and other revocations. Table 1: Average Felony Community Supervision Revocation Rates, Fiscal Years 2001 2010 AVERAGE FELONY FISCAL FELONY REVOCATION DIRECT SUPERVISION YEAR REVOCATIONS RATE POPULATION 2001 160,457 22,164 13.8% 2002 159,352 22,876 14.4% 2003 158,075 24,838 15.7% 2004 157,216 26,249 16.7% 2005 157,323 25,741 16.4% 2006 158,479 24,921 15.7% 2007 161,999 25,830 15.9% 2008 168,788 25,782 15.3% 2009 172,514 26,194 15.2% 2010 172,893 25,456 14.7% Sources: Legislative Budget Board; Texas Department of Criminal Justice Community Justice Assistance Division (CJAD), Monthly Community Supervision and Corrections Report (MCSCR), Community Supervision Tracking System / Intermediate System (CSTS Intermediate System). Note: During fiscal year 2010, CJAD transitioned from compiling aggregate population data from counties through the MCSCR to generating monthly population reports based on detailed case-based data collected through the CSTS Intermediate System. Community supervision data through fiscal year 2009 are based on population counts reported to the MCSCR, and fiscal year 2010 data are based on monthly reports generated from the CSTS Intermediate System. The average number of felons under direct supervision increased sharply between fiscal year 2006 and 2009, and especially so in fiscal year 2008. The average felony community supervision revocation rate has decreased every fiscal year since 2007. Legislative Budget Board 11
CORRECTIONAL INSTITUTIONS Legislative Budget Board 12
DESCRIPTION The Texas Department of Criminal Justice Correctional Institutions Division (CID) oversees state prisons, state jails, pre-release facilities, psychiatric facilities, a Mentally Retarded Offender Program (MROP) facility, medical facilities, transfer facilities, a geriatric facility, and Substance Abuse Felony Punishment Facilities (SAFPF). Substance Abuse Felony Punishment Facility: A Substance Abuse Felony Punishment Facility (SAFPF) is a facility that provides an intensive six-month therapeutic community program for offenders who are sentenced by a judge as a condition of community supervision or as a modification of parole/community supervision. In-Prison Therapeutic Community: An In-Prison Therapeutic Community (IPTC) is a therapeutic community program that provides six months of treatment for offenders who are within six months of parole release and who are identified as needing substance abuse treatment. Placement in the program is subject to approval from the Board of Pardons and Paroles (BPP). Programming is similar to that of the SAFPF program. State Jail: A state jail is a facility that houses offenders who receive conviction sentences of two years or less. State jail sentences cannot exceed two years for one offense, but a repeat offender may receive overlapping state jail sentences not to exceed three years. State jail offenders are usually convicted of property and low-level controlled substance offenses. The offenders must serve their entire sentence and do not receive good conduct credit. They are released by discharge. State jails also temporarily house prison-transfer offenders (who are not included in this analysis). Prison: A prison is a facility that houses offenders who receive capital, first-degree, seconddegree, or third-degree felony sentences. For the purpose of this report, all classes and custodies of inmates are included with the exception of death row, shock probation, state boot camp, and SAFPF offenders. Prison offenders may be released from prison under parole supervision, discretionary mandatory supervision, mandatory supervision, or discharged. This section of the report provides various recidivism information for offenders released from SAFPFs, IPTC program, state jails, and prisons. Legislative Budget Board 13
Offenders SUBSTANCE ABUSE FELONY PUNISHMENT FACILITY REINCARCERATION Reincarceration Rates Offenders released from a Substance Abuse Felony Punishment Facility (SAFPF) during fiscal years 2006 and 2007 were monitored to determine the percentage reincarcerated within three years of release. 1 Each offender who returned to state jail or prison at least once during the threeyear follow-up was considered a recidivist. 2 An offender s return could occur during the first, second, or third year following the release. Returns to SAFPFs are not included in the analysis. For any offender who had more than one subsequent incarceration during the three-year followup period, only the first incarceration was counted in the calculation of the recidivism rate. The table and figure below highlight reincarceration rates for each release cohort, and the amount of time out of custody before reincarceration (time-to-failure). Table 2: Reincarceration Rate for Fiscal Years 2006 2007 Substance Abuse Felony Punishment Facility Release Cohorts FY 2006 COHORT FY 2007 COHORT FAILURE N = 5,329 N = 5,464 PERIOD NUMBER PERCENT NUMBER PERCENT Year 1 819 15.4% 858 15.7% Year 2 827 15.5% 821 15.0% Year 3 465 8.7% 522 9.6% Total 2,111 2,201 Reincarceration Rate 39.6% 40.3% Figure 2: Months Out of Custody before Reincarceration, Fiscal Years 2006 2007 150 100 50 0 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 Months Fiscal Year 2006 Release Cohort Fiscal Year 2007 Release Cohort Sources: Legislative Budget Board; Texas Department of Criminal Justice. The average time out of custody before reincarceration was 16 months for both cohorts. Of the fiscal years 2006 and 2007 SAFPF release cohorts, approximately 15.5 percent recidivated within the first year of release (15.4 percent in the 2006 cohort and 15.7 percent in the 2007 cohort). On average, 30.8 percent recidivated by the second year. 1 An offender s first release during the fiscal year was used as the study case. By excluding duplicates, the number of records was reduced and, therefore, would not match release statistics previously published by the Texas Department of Criminal Justice. 2 Fiscal year 2006 is the first year of prison admission data (i.e., the measure of reincarceration) that identifies parole, discretionary mandatory supervision, and mandatory supervision revocations that resulted in a reinstatement of the release (i.e., the revocation was rejected). While not permanent revocations, these were counted as admissions. Of the fiscal years 2006 and 2007 release cohorts, 7 and 4 offenders (respectively) had an admission that fell into these categories. Legislative Budget Board 14
Reincarceration SUBSTANCE ABUSE FELONY PUNISHMENT FACILITY REINCARCERATION A Comparison of Fiscal Years 2004 2007 The following figure plots the three-year reincarceration rate for four separate Substance Abuse Felony Punishment Facility (SAFPF) release cohorts. Cohorts include all offenders released from a Texas SAFPF under parole and community supervision (adult probation). The 2007 release cohort is the most recent group for which complete three-year follow-up data are available. Figure 3: Percent of Offenders Released from a Substance Abuse Felony Punishment Facility and Reincarcerated within Three Years, Fiscal Years 2004 2007 50% 45% 40% 43.0% 41.3% 39.6% 40.3% 35% 30% 25% 20% 2004 2005 2006 2007 Fiscal Year of Release Sources: Legislative Budget Board; Texas Department of Criminal Justice. The SAFPF reincarceration rate has decreased by 6.3 percent since it was first calculated for the fiscal year 2004 release cohort. SAFPF offenders are released under community supervision (89.0 percent in the 2006 cohort and 88.7 percent in the 2007 cohort), or under parole supervision (11.0 percent in the 2006 cohort and 11.3 percent in the 2007 cohort). The most prevalent offense for which offenders were reincarcerated was drug-related (35.9 percent for the 2006 cohort and 34.4 percent for the 2007 cohort). See Appendix B for a comparison of months out of custody before reincarceration for SAFPF, IPTC, state jail, prison, and ISF reincarcerated offenders. Legislative Budget Board 15
SUBSTANCE ABUSE FELONY PUNISHMENT FACILITY REINCARCERATION A Profile of Recidivists Table 3: Share of Substance Abuse Felony Punishment Facility Release Cohort and Reincarcerated Offenders with Select Characteristics by Fiscal Year Release FY 2006 RELEASES FY 2007 RELEASES COHORT RECIDIVISTS COHORT RECIDIVISTS OFFENDER (reincarceration) (reincarceration) CHARACTERISTICS N = 5,329 N = 2,111 N = 5,464 N = 2,201 GENDER Female 20.7% 19.2% 19.5% 15.2% Male 79.3% 80.8% 80.5% 84.8% RACE/ETHNICITY African American 22.3% 24.8% 23.3% 25.8% Hispanic 28.5% 28.2% 28.5% 29.4% White 48.6% 46.4% 47.7% 44.5% Other 0.5% 0.6% 0.4% 0.3% AGE AT RELEASE <= 24 28.2% 32.9% 27.2% 35.0% 25-29 17.9% 19.3% 19.2% 20.5% 30-34 12.4% 11.4% 12.2% 10.7% 35-39 13.1% 13.3% 12.4% 12.4% 40-44 12.1% 10.3% 11.9% 10.2% 45+ 16.3% 12.8% 17.0% 11.3% OFFENSE OF INITIAL SENTENCE Violent 18.2% 18.9% 19.1% 21.4% Property 24.8% 30.2% 24.8% 30.2% Drug 38.8% 36.0% 40.0% 35.7% Other 15.7% 12.9% 16.0% 12.7% Sources: Legislative Budget Board; Texas Department of Criminal Justice. Statistical analysis revealed significant differences between the 2006 and 2007 cohorts of recidivists based on gender. In the fiscal year 2007 cohort of recidivists, the share of female offenders (15.2 percent) was significantly smaller than that of the 2006 cohort (19.2 percent). The average age of the 2007 SAFPF release cohort was 33 years, and the average age of recidivists was 31 years. See Glossary for examples of offense types. Legislative Budget Board 16
SUBSTANCE ABUSE FELONY PUNISHMENT FACILITY REINCARCERATION Reincarceration Rates for Select Offender Characteristics Table 4: Reincarceration Rates for Select Offender Characteristics by Fiscal Year Release Cohort REINCARCERATION RATE REINCARCERATION RATE OFFENDER FY 2006 RELEASES FY 2007 RELEASES CHARACTERISTICS N = 2,111 N = 2,201 Overall Reincarceration Rate 39.6% 40.3% GENDER Female 36.8% 31.4% Male 40.3% 42.4% RACE/ETHNICITY African American 44.0% 44.5% Hispanic 39.1% 41.5% White 37.9% 37.6% Other 42.9% 29.2% AGE AT RELEASE <= 24 46.3% 51.7% 25-29 42.8% 42.9% 30-34 36.4% 35.3% 35-39 40.3% 40.1% 40-44 33.5% 34.5% 45+ 31.1% 26.7% OFFENSE OF INITIAL SENTENCE Violent 41.2% 45.1% Property 48.2% 49.0% Drug 36.8% 36.0% Other 32.6% 32.0% Sources: Legislative Budget Board; Texas Department of Criminal Justice. The recidivism rate for each category is calculated by dividing the number of individuals returning to state jail or prison by the number of releases. For example, in fiscal year 2007, 1,488 offenders 24 years of age and younger were released from a SAFPF. Of these released offenders, 770 returned to state jail or prison within three years of their release. Dividing 770 by 1,488 yields a recidivism rate of 51.7 percent for the 24-years-andyounger age group in the fiscal year 2007 release cohort. Among age groups, offenders 24 years of age and younger had the greatest increase in recidivism rates from the 2006 cohort to the 2007 cohort (11.8 percent); whereas offenders 45 years of age and older had the greatest decrease (14.2 percent). In the fiscal years 2006 and 2007 cohorts, property and violent offense offenders returned at a higher rate than the offenders initially incarcerated for drug or other offenses. In the 2007 cohort, the predominant property offense among recidivists was burglary (e.g., burglary of building or habitation), and the predominant violent offense was assault/ terroristic threat (e.g., aggravated assault, stalking). Legislative Budget Board 17
Offenders IN-PRISON THERAPEUTIC COMMUNITY REINCARCERATION Reincarceration Rates Offenders released from an In-Prison Therapeutic Community (IPTC) program during fiscal years 2006 and 2007 were monitored to determine the percentage reincarcerated within three years of release. 3 Each offender who returned to state jail or prison at least once during the threeyear follow-up was considered a recidivist. 4 For any offender who had more than one subsequent incarceration during the three-year follow-up period, only the first incarceration was counted in the calculation of the recidivism rate. Table 5: Reincarceration Rate for Fiscal Years 2006 2007 In-Prison Therapeutic Community Release Cohorts FY 2006 COHORT FY 2007 COHORT FAILURE N = 924 N = 794 PERIOD NUMBER PERCENT NUMBER PERCENT Year 1 36 3.9% 29 3.7% Year 2 105 11.4% 85 10.7% Year 3 82 8.9% 82 10.3% Total 223 196 Reincarceration Rate 24.1% 24.7% Figure 4: Months Out of Custody before Reincarceration, Fiscal Years 2006 2007 20 15 10 5 0 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 Months Fiscal Year 2006 Release Cohort Fiscal Year 2007 Release Cohort Sources: Legislative Budget Board; Texas Department of Criminal Justice. The average time out of custody before reincarceration was 21 months for the fiscal year 2006 cohort and 22 months for the fiscal year 2007 cohort. Of the fiscal years 2006 and 2007 IPTC release cohorts, approximately 3.8 percent recidivated within the first year of release (3.9 percent in the 2006 cohort and 3.7 percent in the 2007 cohort). On average, 14.8 percent recidivated by the second year. 3 An offender s first release during the fiscal year was used as the study case. By excluding duplicates, the number of records was reduced and, therefore, would not match release statistics previously published by the Texas Department of Criminal Justice. 4 Fiscal year 2006 is the first year of prison admission data (i.e., the measure of reincarceration) that identifies parole, discretionary mandatory supervision, and mandatory supervision revocations that resulted in a reinstatement of the release (i.e., the revocation was rejected). While not permanent revocations, these were counted as admissions. Of the fiscal years 2006 and 2007 release cohorts, 2 and 8 offenders (respectively) had an admission that fell into these categories. Legislative Budget Board 18
IN-PRISON THERAPEUTIC COMMUNITY REINCARCERATION A Profile of Recidivists Table 6: Share of In-Prison Therapeutic Community Release Cohort and Reincarcerated Offenders with Select Characteristics by Fiscal Year Release FY 2006 RELEASES FY 2007 RELEASES COHORT RECIDIVISTS COHORT RECIDIVISTS OFFENDER (reincarceration) (reincarceration) CHARACTERISTICS N = 924 N = 223 N = 794 N = 196 GENDER Female 32.8% 25.1% 21.5% 18.4% Male 67.2% 74.9% 78.5% 81.6% RACE/ETHNICITY African American 38.6% 42.6% 35.9% 38.3% Hispanic 20.7% 17.9% 22.0% 19.4% White 40.4% 39.0% 41.8% 42.3% Other 0.3% 0.4% 0.3% 0.0% AGE AT RELEASE <= 24 5.2% 4.5% 7.9% 11.2% 25-29 10.8% 9.9% 11.7% 13.8% 30-34 13.0% 16.6% 14.4% 14.8% 35-39 18.9% 24.7% 15.7% 23.0% 40-44 20.5% 19.3% 17.4% 16.8% 45+ 31.6% 25.1% 32.9% 20.4% OFFENSE OF INITIAL SENTENCE Violent 10.6% 11.7% 8.7% 9.2% Property 22.6% 32.3% 23.0% 26.0% Drug 52.5% 41.3% 54.2% 51.5% Other 14.3% 14.8% 14.1% 13.3% Sources: Legislative Budget Board; Texas Department of Criminal Justice. IPTC offenders are released under parole supervision (99.7 percent in the 2006 cohort and 99.9 percent in the 2007 cohort), discretionary mandatory supervision, or mandatory supervision. Using statistical analysis, no significant differences were found between the 2006 and 2007 cohorts of recidivists based on the criteria above. The average age of the 2007 IPTC release cohort was 39 years, and the average age of recidivists was 36 years. On average, the IPTC recidivists were an older population compared to the SAFPF (31 years) and prison recidivists (34 years). Legislative Budget Board 19
IN-PRISON THERAPEUTIC COMMUNITY REINCARCERATION Reincarceration Rates for Select Offender Characteristics Table 7: Reincarceration Rates for Select Offender Characteristics by Fiscal Year Release Cohort REINCARCERATION RATE REINCARCERATION RATE OFFENDER FY 2006 RELEASES FY 2007 RELEASES CHARACTERISTICS N = 223 N = 196 Overall Reincarceration Rate 24.1% 24.7% GENDER Female 18.5% 21.1% Male 26.9% 25.7% RACE/ETHNICITY African American 26.6% 26.3% Hispanic 20.9% 21.7% White 23.3% 25.0% Other 33.3% 0.0% AGE AT RELEASE <= 24 20.8% 34.9% 25-29 22.0% 29.0% 30-34 30.8% 25.4% 35-39 31.4% 36.0% 40-44 22.8% 23.9% 45+ 19.2% 15.3% OFFENSE OF INITIAL SENTENCE Violent 26.5% 26.1% Property 34.4% 27.9% Drug 19.0% 23.5% Other 25.0% 23.2% Sources: Legislative Budget Board; Texas Department of Criminal Justice. Among age groups, the 24-years-and-younger age group had the greatest increase in recidivism rates from the 2006 cohort to the 2007 cohort (67.6 percent), followed by the 25 29 group (32.0 percent). In contrast, the 45-years-and-older age group had the greatest decrease in recidivism (20.1 percent). Property and violent offense offenders had the highest recidivism rates for both cohorts, respectively. In the 2007 cohort, the predominant property offense among recidivists was burglary (e.g., burglary of building or habitation), and the predominant violent offense was robbery (e.g., aggravated and strong-arm robbery). The most prevalent offense for which offenders were reincarcerated was drug-related (45.7 percent for the 2006 cohort and 51.5 percent for the 2007 cohort). Legislative Budget Board 20
Offenders STATE JAIL REINCARCERATION Reincarceration Rates Offenders released from state jail during fiscal years 2006 and 2007 were monitored to determine the percentage reincarcerated within three years of release. 5 Each offender who returned to state jail or prison at least once during the three-year follow-up was considered a recidivist. 6 For any offender who had more than one subsequent incarceration during the three-year follow-up period, only the first incarceration was counted in the calculation of the recidivism rate. Table 8: Reincarceration Rate for Fiscal Years 2006 2007 State Jail Release Cohorts FY 2006 COHORT FY 2007 COHORT FAILURE N = 24,218 N = 24,213 PERIOD NUMBER PERCENT NUMBER PERCENT Year 1 2,979 12.3% 2,803 11.6% Year 2 2,834 11.7% 2,950 12.2% Year 3 2,066 8.5% 1,964 8.1% Total 7,879 7,717 Reincarceration Rate 32.5% 31.9% Figure 5: Months Out of Custody before Reincarceration, Fiscal Years 2006 2007 400 300 200 100 0 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 Months Fiscal Year 2006 Release Cohort Fiscal Year 2007 Release Cohort Sources: Legislative Budget Board; Texas Department of Criminal Justice. The average time out of custody before reincarceration was 17 months for both cohorts. Of the fiscal years 2006 and 2007 state jail release cohorts, approximately 11.9 percent recidivated within the first year of release (12.3 percent in the 2006 cohort and 11.6 percent in the 2007 cohort). On average, 23.9 percent recidivated by the second year. 5 An offender s first release during the fiscal year was used as the study case. By excluding duplicates, the number of records was reduced and, therefore, would not match release statistics previously published by the Texas Department of Criminal Justice. 6 Fiscal year 2006 is the first year of prison admission data (i.e., the measure of reincarceration) that identifies parole, discretionary mandatory supervision, and mandatory supervision revocations that resulted in a reinstatement of the release (i.e., the revocation was rejected). While not permanent revocations, these were counted as admissions. Of the fiscal years 2006 and 2007 release cohorts, 12 offenders (respectively) had an admission that fell into these categories. Legislative Budget Board 21
Reincarceration STATE JAIL REINCARCERATION A Comparison of Fiscal Years 2003 2007 The following figure plots the three-year reincarceration rate for five separate state jail release cohorts. Cohorts include all offenders discharged from a Texas state jail. The 2007 release cohort is the most recent group for which complete three-year follow-up data are available. Figure 6: Percent of Offenders Released from State Jail and Reincarcerated within Three Years, Fiscal Years 2003 2007 40% 35% 34.4% 33.9% 32.8% 32.5% 31.9% 30% 25% 20% 2003 2004 2005 2006 2007 Fiscal Year of Release Sources: Legislative Budget Board; Texas Department of Criminal Justice. The state jail reincarceration rate has decreased by 7.3 percent since it was first calculated for the fiscal year 2003 release cohort. State jail offenders are released by discharge and typically do not leave state jail under any form of supervision (i.e., do not leave on parole supervision). The most prevalent offenses for which offenders were reincarcerated were drug-related for the 2006 cohort (38.1 percent) and property offenses for the 2007 cohort (39.6 percent). Legislative Budget Board 22
STATE JAIL REINCARCERATION A Profile of Recidivists Table 9: Share of State Jail Release Cohort and Reincarcerated Offenders with Select Characteristics by Fiscal Year Release FY 2006 RELEASES FY 2007 RELEASES COHORT RECIDIVISTS COHORT RECIDIVISTS OFFENDER (reincarceration) (reincarceration) CHARACTERISTICS N = 24,218 N = 7,879 N = 24,213 N = 7,717 GENDER Female 23.4% 20.2% 22.4% 18.8% Male 76.6% 79.8% 77.6% 81.2% RACE/ETHNICITY African American 40.4% 48.0% 39.2% 46.3% Hispanic 25.6% 23.1% 26.5% 23.7% White 33.5% 28.6% 33.8% 29.4% Other 0.6% 0.4% 0.5% 0.5% AGE AT RELEASE <= 24 24.1% 26.2% 23.6% 25.1% 25-29 19.1% 18.5% 19.7% 19.6% 30-34 14.7% 14.7% 14.1% 13.9% 35-39 14.2% 15.4% 14.0% 14.5% 40-44 12.9% 13.1% 12.8% 13.1% 45+ 14.9% 12.0% 15.9% 13.8% OFFENSE OF INITIAL SENTENCE Violent 1.0% 0.7% 1.1% 0.6% Property 43.2% 44.6% 44.1% 48.0% Drug 44.0% 43.4% 42.4% 39.2% Other 11.8% 11.3% 12.4% 12.2% Sources: Legislative Budget Board; Texas Department of Criminal Justice. Statistical analysis revealed significant differences between the 2006 and 2007 cohorts of recidivists based on gender, age at release, and offense of initial sentence. In the fiscal year 2007 cohort of recidivists, the shares of female offenders, the youngest age group, and drug offenders were significantly smaller than those of the 2006 cohort. In contrast, property offenders and the 45-years-and-older age group had significantly larger shares among recidivists in the 2007 cohort. The average age of the 2007 state jail release cohort and recidivists was 33 years. See Appendix C for a profile comparison of state jail and prison reincarcerated offenders. Legislative Budget Board 23
STATE JAIL REINCARCERATION Reincarceration Rates for Select Offender Characteristics Table 10: Reincarceration Rates for Select Offender Characteristics by Fiscal Year Release Cohort REINCARCERATION RATE REINCARCERATION RATE OFFENDER FY 2006 RELEASES FY 2007 RELEASES CHARACTERISTICS N = 7,879 N = 7,717 Overall Reincarceration Rate 32.5% 31.9% GENDER Female 28.1% 26.7% Male 33.9% 33.4% RACE/ETHNICITY African American 38.7% 37.7% Hispanic 29.4% 28.5% White 27.8% 27.7% Other 21.2% 33.1% AGE AT RELEASE <= 24 35.4% 33.9% 25-29 31.5% 31.8% 30-34 32.4% 31.4% 35-39 35.3% 33.0% 40-44 33.2% 32.6% 45+ 26.2% 27.7% OFFENSE OF INITIAL SENTENCE Violent 22.0% 18.6% Property 33.6% 34.6% Drug 32.1% 29.5% Other 31.2% 31.3% Sources: Legislative Budget Board; Texas Department of Criminal Justice. Among age groups, offenders 45 years of age and older had the greatest increase in recidivism rates from the 2006 cohort to the 2007 cohort (5.9 percent). In contrast, offenders between 35 and 39 years of age had the greatest decrease in recidivism (6.4 percent). Property and other offense offenders had the highest recidivism rates in the 2007 cohort; whereas in the 2006 cohort, property and drug offenders had the highest recidivism rates. In the 2007 cohort, the prevailing property offense among recidivists was larceny (e.g., larceny/theft, tampering), and the prevailing other offense was escape (e.g., evading arrest or detention, permitting/facilitating escape). Legislative Budget Board 24
Offenders STATE JAIL REARREST Rearrest Rates Offenders released from state jail during fiscal years 2005 and 2006 were monitored to determine the percentage rearrested for at least a Class B Misdemeanor within three years of release. 7 Class C Misdemeanors (which include traffic offenses) typically do not result in confinement and are, thereby, excluded from the analysis. Each offender who was rearrested at least once during the three-year follow-up was considered a recidivist. For any offender who had more than one subsequent arrest during the three-year follow-up period, only the first and most serious arrest, in terms of offense level, was counted in the calculation of the recidivism rate. Table 11: Rearrest Rate for Fiscal Years 2005 2006 State Jail Release Cohorts FY 2005 COHORT FY 2006 COHORT FAILURE N = 24,599 N =24,218 PERIOD NUMBER PERCENT NUMBER PERCENT Year 1 9,742 39.6% 9,962 41.1% Year 2 4,078 16.6% 3,758 15.5% Year 3 2,008 8.2% 1,829 7.6% Total 15,828 15,549 Rearrest Rate 64.3% 64.2% Figure 7: Months Out of Custody before Rearrest, Fiscal Years 2005 2006 1,200 1,000 800 600 400 200 0 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 Months Fiscal Year 2005 Release Cohort Fiscal Year 2006 Release Cohort Sources: Legislative Budget Board; Texas Department of Criminal Justice; Texas Department of Public Safety. The average time out of custody before rearrest was 11 months for both release cohorts. Of the fiscal years 2005 and 2006 state jail release cohorts, approximately 40.4 percent recidivated within the first year of release (39.6 percent in the 2005 cohort and 41.1 percent in the 2006 cohort). On average, 56.4 percent recidivated by the second year. See Appendix B for a comparison of months out of custody before rearrest for state jail and prison rearrested offenders. 7 An offender s first release during the fiscal year was used as the study case. By excluding duplicates, the number of records was reduced and, therefore, would not match release statistics previously published by the Texas Department of Criminal Justice. Legislative Budget Board 25
Rearrest STATE JAIL REARREST A Comparison of Fiscal Years 2003 2006 The following figure plots the three-year rearrest rate for four separate state jail release cohorts. Cohorts include all offenders discharged from a Texas state jail. The 2006 release cohort is the most recent group for which complete three-year follow-up data are available. Figure 8: Percent of Offenders Released from State Jail and Rearrested within Three Years, Fiscal Years 2003 2006 70% 65% 60% 55% 50% 45% 40% 35% 30% 25% 20% 62.7% 64.3% 64.2% 47.1% 2003 2004 2005 2006 Fiscal Year of Release Sources: Legislative Budget Board; Texas Department of Criminal Justice; Texas Department of Public Safety. The state jail rearrest rate has increased by 36.3 percent since it was first calculated for the fiscal year 2003 release cohort. Following a sharp increase from fiscal year 2003 to 2004 (33.1 percent), the rate at which state jail offenders are rearrested has remained relatively steady. On June 30, 2003, programming provided within state jail facilities ended primarily due to funding constraints. Offenders released during fiscal years 2004, 2005, and 2006 would not have had access to this programming prior to their release. Of the rearrested offenders, 52.9 percent (in the 2005 cohort) and 53.1 percent (in the 2006 cohort) were rearrested for a felony offense. See Appendix C for a profile comparison of state jail and prison rearrested offenders. Legislative Budget Board 26
STATE JAIL REARREST A Profile of Recidivists Table 12: Share of State Jail Release Cohort and Rearrested Offenders with Select Characteristics by Fiscal Year Release FY 2005 RELEASES FY 2006 RELEASES COHORT RECIDIVISTS COHORT RECIDIVISTS OFFENDER (rearrest) (rearrest) CHARACTERISTICS N = 24,599 N = 15,828 N =24,218 N = 15,549 GENDER Female 23.5% 21.8% 23.4% 21.6% Male 76.5% 78.2% 76.6% 78.4% RACE/ETHNICITY African American 42.0% 44.9% 40.4% 44.0% Hispanic 23.8% 22.4% 25.6% 24.2% White 33.6% 32.1% 33.5% 31.4% Other 0.6% 0.6% 0.6% 0.4% AGE AT RELEASE <= 24 26.1% 29.0% 24.1% 26.7% 25-29 18.0% 18.3% 19.1% 19.3% 30-34 14.3% 14.1% 14.7% 14.6% 35-39 14.1% 14.2% 14.2% 14.1% 40-44 13.4% 12.8% 12.9% 12.7% 45+ 14.1% 11.6% 14.9% 12.5% OFFENSE OF INITIAL SENTENCE Violent 0.9% 0.7% 1.0% 0.8% Property 43.4% 44.0% 43.2% 43.8% Drug 44.2% 43.8% 44.0% 43.9% Other 11.5% 11.5% 11.8% 11.5% Sources: Legislative Budget Board; Texas Department of Criminal Justice; Texas Department of Public Safety. Statistical analysis revealed significant differences between the 2005 and 2006 cohorts of recidivists based on race/ethnicity and age at release. In the fiscal year 2006 cohort of recidivists, the shares of Other race/ethnicity offenders and the youngest age group were significantly smaller than those of the 2005 cohort. In contrast, Hispanic offenders and the oldest age group had significantly larger shares among recidivists in the 2006 cohort. The average age of the 2006 state jail release cohort was 33 years, and the average age of recidivists was 32 years. Legislative Budget Board 27