the need for evidence based sentencing chief justice william ray price, jr
TRANSCRIPT
The problem is, it didn’t work.
We were tough on crime. Three strikes and your out. Throw away the key. The war on drugs
But, we were not smart on crime.
Our Criminal Sentencing Problem
Total Correctional Population Total Pop. Behind Bars1982 2,194,000 1982 612,000
2008 7,308,200 2008 2,304,000
Cost of Increased Incarceration State correctional spending increased fourfold:
1988 $11.7 billion
2008 $47.3 billion
“What we are seeing today is a growing recognition that our approach to dealing with convicted criminals is simply too costly. Not only is the price too high, but the benefits are too low. The states spend an estimated $50 billion on corrections annually, and the growth of these outlays over the past 20 years has outpace nearly all other essential government services.” Joan Petersilia, Stanford Law School
U.S. Crime Volume 1982-2008
Violent Offenses1982 1,322,390
2008 1,382,012
Property Offenses1982 11,652,000
2008 9,768,000
Drug Offenses1982 676,000
2007 1,841,200
The War on Drugs
Drug Arrests 1980 580,900 2007 1,841,200
As Percentage of All Arrests 1980 5.5% 2006 13.14%
Prison Population 1982 612,000 2008 2,304,000
↓
1,692,000 more people
behind bars
Drug Use Drives CrimeAnd Fills Prisons
Missouri New Prison Admissions (FY2004)
1,239 13% Drug Convictions
2,037 20% Probation for DrugOffense Revoked
4,042 41% Other Crimes But Active____ Substance Abuse
74% of all new admissions are related to illegal drug use
The key measurement of the failure of our incarceration strategy is the recidivism rate.
Too many people, keep coming back.
U.S. Recidivism Rates
For all offenders (released 1994): Rearrest within 3 years:
67.5% Reconviction within 3 years:
46.9%
For drug offenders (released
1983 vs. released 1994): Rearrest rate increased
50.4% 66.7% Reconviction rate increased
35.3% 47%
Evidence Based Practices
Usually Reserve Prison Sentences for Violent and Habitual Offenders, and
Combine Strict Judicial Supervision, Behavioral Modification, and Treatment to Non-Violent Offenders Outside of Prison
Driven By Evidence Based Proven Strategies
The Key of Evidence Based Practices is to Assess the Risks and Needs of Each Offender and Match the Most Effective and Least Expensive Strategy to Change his or her Behavior.
Usually, This Includes Swift Certain Sanctions For Bad Behavior. Rewards For Good Behavior. And Treatment, When Necessary
Data is Collected and Analyzed to Determine Best Practices
Diversionary Practices Are Pre-sentence
They May Be Pre or Post Plea or With Stipulation of Facts
They Avoid a Record of Conviction
Drug Courts, DWI Courts, Mental Health Courts, Veterans Courts are Typically
Diversionary
They Usually Include Treatment
HOPE Avoids/Delays Incarceration By Using Enhanced Probation Services
Hope Replaces Revocation with Swift Certain Lesser Local Sanctions
Hope can also apply to Parole
Treatment May or May Not Be Included
Incarceration Can Be Evidence Based
Personal Improvement / Not Years Served Is the Key
Education Job Skills Sobriety
Prison is Expensive
Prison Removes the Offender From Job and Family
Without Drug, Educational, Behavior Modification Programming, Prison Does Little More Than Move an Offender From Normal Society to a Society of Criminals
Generally, Prison Should Be Reserved For Dangerous or Habitual Offenders Who do not Respond to Other Strategies
Reentry Programs Focus on the Need to Help the Prisoner Rejoin Society
Parole Revocation Decreases Significantly With Passage of Time After Release
Between 1 and 15 Months After Release The Chance of Arrest Drops by 40%
Reentry Programs are Usually Conducted By Parole Boards or Departments of
Corrections, although Courts are Becoming More Active in this Field
Good News about Drug Courts
Numerous studies show that:
Drug court participation results in lower recidivism rates (5 studies 8 – 26%)
Drug courts result in substantial cost savings (6 studies)
Drug Courts Combine
Treatment Judicial Supervision
Behavioral Modification Rewards and Swift Certain Sanctions
Missouri Drug Courts Cost Substantially Less Than Incarceration
Costs (per inmate per year)
Incarceration $16,832
Drug Court $3,000 - 5,000
Drug Courts Provide Savings Over Probation
Case Study: St. Louis City Adult Felony Drug Court
Initial cost = cost of probation + cost of treatment
In two years: $2,615 net savings
In four years: $7,707 net savings
For every $1 spent $6.32 of savings
MO Recidivism Comparison
Recidivism Rates (rearrest within two years)
Prison 41.6%
Drug Court Graduates 10%
(New JIS Tracking: 18-month Graduates 4.6%
18-month Terminations 15.2%)
A real life example of recidivism was the 35 year old St. Joseph man arrested for drunk driving June 16, 2010, just three hours after he was released from prison.
Adult Felony Drug Court DWI Court Family Drug Court Veterans’ Court Mental Health Court Reintegration/Reentry Court
All combine evidence based treatment with intense supervision
“I believe we can take an approach that is both tough and smart…[T]here are thousands of nonviolent offenders in the system whose future we cannot ignore. Let’s focus more resources on rehabilitating those offenders so we can ultimately spend less money locking them up again.” Gov. Rick Perry, Texas
Requirements for Evidence Based Sentencing Practices
Assessment Tool Training Data Collection Evidence Based / Not Intuition Based
Decisions
The Bottom line The quality of justice is not measured by the length of
sentence.
One size, one strategy, does not fit all offenders.
Breaking the cycle of addiction and crime requires scientific evidence based treatment and the development of job skills and intense supervision, not always prison walls.
Results matter. Cost matters.
SOURCES
NADCP NCSC PEW
The Box Set paper by Roger Warren entitled, Evidence-Based Practice to Reduce Recidivism: Implications for State Judiciaries;
Curriculum materials for Evidence-Based Sentencing, http://www.ncsconline.org/csi/education.html;
Additional information about training in Evidence-Based Sentencing, http://cjinstitute.org/about/services/trainings/; and
Virginia Pretrial Risk Assessment Instrument materials, http://www.dcjs.virginia.gov/corrections/riskAssessment/
nadcp.org