protecting public safety and containing corrections costs in ......22 15.1 23.7 19.8 26 0 5 10 15 20...

Protecting Public Safety and Containing Corrections Costs in South CarolinaSentencing Reform and Oversight CommitteeColumbia, South CarolinaAugust 16, 2017

2

Agenda• Leadership Charge • National Landscape

– South Carolina – Case Studies: Mississippi and Louisiana

• Next Steps– Work Plan – Proposed Meeting Schedule – Policy-Focused Working Groups

3

LEADERSHIP CHARGE

4

State Leadership has Charged the South Carolina Sentencing Reform Oversight Committee with:

…“forging consensus on a comprehensive package of statutory and budgetary reforms that will help South Carolina achieve a better public safety return on its corrections spending.”

5

NATIONAL LANDSCAPE

6

by 2008: 1 in 100 Adults Behind Bars

Source: Department of Justice, Bureau of Justice Statistics

337,692

2,333,275

0

500,000

1,000,000

1,500,000

2,000,000

2,500,000

1972 1975 1978 1981 1984 1987 1990 1993 1996 1999 2002 2005 2008

Incarcerated Population, 1972-2008

7

by 2008: 1 in 31 Adults Under Correctional Control


1,836,762

7,426,675

0

1,000,000

2,000,000

3,000,000

4,000,000

5,000,000

6,000,000

7,000,000

8,000,000Correctional Population (prison, jail, probation, and parole), 1980-2008

8

Despite Increased Spending, Recidivism Remains High

68% 68%

52% 50%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Inmates released in 1994 Inmates released in 2005

Re-arrested within 3 years Re-incarcerated within 3 years


9

VT

HI

NH

MA

RI

CT

NJ

DE

MD

DC

MEWA

MT ND

SD

MNOR

IDWY

COUT

NV

CA

AZ NM

NE

KS

OK

TX

AK

LA

AR

MO

IA

WIMI

IL INOH

PA

NY

WVVA

KY

TN

MS AL GA

SC

NC

FL

2017–2018 Active StatesPrior JRI Reforms

Justice Reinvestment States

Round II JRI Reform States

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by 2015: 1 in 112 Behind Bars


337,692

2,333,275

2,205,047

0

500,000

1,000,000

1,500,000

2,000,000

2,500,000

1972 1976 1980 1984 1988 1992 1996 2000 2004 2008 2012

Incarcerated Population, 1972-2015

11

by 2015: 1 in 36 Under Correctional Control


1,836,762

7,426,675

6,855,947

0

1,000,000

2,000,000

3,000,000

4,000,000

5,000,000

6,000,000

7,000,000

8,000,000

1980 1983 1986 1989 1992 1995 1998 2001 2004 2007 2010 2013

Correctional Population (prison, jail, probation, and parole), 1980-2015

12

VT

HI

NH

MA

RI

CT

NJ

DE

MD

MEWAMT ND

SDMNOR ID

WY

COUTNV

CA

AZ NM

NE

KS

OK

TX

AK

LA

AR

MO

IA

WIMI

IL IN OHPA

NY

WV VAKY

TN

MS AL GASC

NC

FL

From 2010-2015, 31 States Achieved Reductions in Both Crime and Imprisonment Rates

Source: Department of Justice, Federal Bureau of Investigation and Bureau of Justice Statistics

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SOUTH CAROLINA

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Pretrial Population

23,161

20,951

27,903

0

5,000

10,000

15,000

20,000

25,000

30,000

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

South Carolina's Prison Population

Actual Year-End Prison Population by FY Baseline Population Projection Absent Reform

JRI Reforms, Part I

Since Reform, South Carolina Averted All Projected Growth and Decreased Prison Population by 14%

Source: South Carolina Department of Corrections (prison population); Applied Research Services (projection)

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Pretrial Population

5,137

3,798

0

1,000

2,000

3,000

4,000

5,000

6,000

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

Index Crime Rate per 100,000 Residents, 2005-2015

JRI Reforms, Part I

Since Reform, South Carolina’s Crime Rate Declined 16%

Source: Federal Bureau of Investigation

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CASE STUDIES

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MISSISSIPPI: ROUND 12013-2014

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10,000

12,000

14,000

16,000

18,000

20,000

22,000

24,000

26,000

2003 2005 2007 2009 2011 2013 2015 2017 2019 2021 2023

Historical and Projected Prison Population

Historical Projected

24,487

22,49720,408

Mississippi’s Cost of Doing Nothing: $266 Million Over 10 Years

Projected to grow by 1,990 beds by 2024

Source: Mississippi Department of Corrections

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4,764 4,973

2,978

5,481

-

1,000

2,000

3,000

4,000

5,000

6,000

2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

Admissions by Type by Year

New Prisoners Revocation

Finding: More People Entered Prison For a Revocation of Supervision Than as New Prisoners in 2012


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Drug 32%

Property 30%

Other 10%

Violent 24%

Sex4%

Admissions by Primary Offense Type, 2012

Finding: Almost Three-Quarters of Admissions Sentenced for Nonviolent Crimes


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Finding: New Prisoners Released in 2012 Served 17% Longer Than Those Released in 2002

29.2

34.1

20

22

24

26

28

30

32

34

36

Mon

ths

Mean Time Served, 2002 and 2012 (Months)

2002 2012


22

15.1

19.823.7

26

0

5

10

15

20

25

30

35

40

2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

Mon

ths

Mean Time Served for Drug Crimes by Year, New Prisoner Releases (Months)

Drug possession All drug crimes

31% growth for drug possession crimes

Finding: Mean Time Served for Drug Possession Rose 31%, Compared to 10% for All Drug Crimes


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• Finding: More offenders entered prison from supervision than as new prisoners in 2012

– Reforms: • Strengthens community corrections through the use of graduated

sanctions and earned discharge; and limits incarceration periods for technical violations of supervision.

• Finding: Almost three-quarters of admissions sentenced for nonviolent crimes

– Reforms: • Raises felony theft threshold for property crimes; and develops

presumptive probation for certain lower-level property and drug crimes.

Task Force Key Findings and JRI Reforms

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• Finding: New prisoners released in 2012 served 17% longer than those released in 2002

– Reforms: • Creates structured sentences for drug crimes based on weight and

criminal history; expands eligibility for earned time to certain drug offenders; and ensures that all nonviolent offenders are parole eligible at 25%.


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Mississippi Reforms: Minimum of $266 Million Averted Over 10 Years

20,58622,497

24,448

20,972

10,000

12,000

14,000

16,000

18,000

20,000

22,000

24,000

26,000

2003 2005 2007 2009 2011 2013 2015 2017 2019 2021 2023

Historical and Projected Prison Population

Actual Pre-Reform Post-Reform

Projection Absent Reform

Projection With JRI


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Mississippi Reforms: Widespread Political Support

ALEC’s legislative members believe that criminal justice spending should be held accountable and support policies that give taxpayers a better public safety return on every dollar spent. By slowing the growth of Mississippi’s prisons, the state can avoid $266 million in corrections spending over the next ten years while maintaining public safety.

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Our Christian faith tells us the criminal justice system must be anchored in principles supported by the Bible and rooted in history. [H.B. 585] would restore victims, justly punish criminals and provide opportunities for redemption. It also acknowledges that almost every prisoner will one day rejoin our communities, and ensures each of them receives mandatory reentry support. That’s good for returning offenders, and it’s good for public safety too.

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[…] MEC recognizes that the corrections reform measures included in HB 585 are in alignment with our long-held policies in support of government efficiency, which is why I am writing today on behalf of our organization in support of the legislation. .

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22,626

20,721

18,474 19,496

10,000

12,000

14,000

16,000

18,000

20,000

22,000

24,000Mississippi Prison Population

JRI Reforms, Round I

• Probation success rates up

• State’s prison space better focused on violent offenders

• Prison admissions for low-level crimes have declined

Mississippi Sees Lower Prison Population and Other Improvements

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LOUISIANA: ROUND II2016-2017

31Source: Louisiana Department of Corrections

After JRI Round I, Louisiana’s Prison Population Dropped by 9%

35,88539,598

36,146

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

40,000

45,000

2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

Prison Population by Year (December 31 Annual Snapshot)

JRI Reforms, Round I

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597 599 633 700816

0

100

200300

400

500

600

700

800

900

Mississippi Arkansas Alabama Oklahoma Louisiana

Estimated 2014 Savings If Louisiana’s Imprisonment Rate Matched Other States

- $91,368,684 - $90,540,823- $76,467,189 - $48,733,850

Cost of Being #1: If Louisiana Had the Second Highest Imprisonment Rate in 2014, It Would Have Saved $49 Million

Source: Bureau of Justice Statistics


Violent14%

Drug36%

Property31%

Other19%

Admissions by Primary Offense Type, 2015

Finding: 86% of Prison Admissions Are Nonviolent


44.5

54.4

0

10

20

30

40

50

60

Mon

ths

Mean Sentence Length for Newly Sentenced Prisoners, 2010 and 2015 File Review Release Sample

2010 2015

Finding: Average Sentence Length for Common Nonviolent Offenses Has Increased in Last 5 Years

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Finding: Most Prison Admissions Are for Failures on Supervision

Source: Louisiana Department of Corrections

9,978 69%

10,3009,65859%

4,53631%

7,3126,755 41%

0

2,000

4,000

6,000

8,000

10,000

12,000

2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

Admissions by Admission Type by Year

Revocation from Supervision Newly Sentenced Prisoner

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Finding: Share of Inmates That Have Served More Than 10 Years Increased in Last Decade


11,51910,621

3,774

5,4004,539

10,848

9,371

4,276 4,672

6,974

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

Less Than 1Year

1-3 Years 4-5 Years 6-10 Years More Than 10Years

Prison Population by Time In So Far Category, 2006 and 2015

2006 2015

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• Finding: 86% of prison admissions are nonviolent – Reforms:

• Expands eligibility for probation and other alternatives to incarceration, including drug court.

• Finding: Average sentence length for common nonviolent offenses has increased in last 5 years

– Reforms: • Tailors sentences for drug offenses by weight, trimming penalties

for possession and sale of small weights; expands parole eligibility for violent and nonviolent offenses; streamlines parole release; and authorizes increased earned time credits.


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• Finding: Most prison admissions are for failures on supervision– Reforms:

• Creates earned compliance credits; and caps jail time as a sanction for violations at 15, 30, and 45 days.

• Finding: Share of inmates that have served more than 10 years increased in last decade

– Reforms: • Reduces habitual offender penalties by lowering mandatory

minimum sentences; retroactively expands parole to individuals serving time for nonviolent offenses; and permits most people sentenced to life as juveniles to be considered for parole after serving 25 years in prison.


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Louisiana Reforms: Minimum of $262 Million Averted Over 10 Years


35,885

36,54135,682

32,814

10,000

15,000

20,000

25,000

30,000

35,000

40,000

45,000

2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026

Actual Pre-Reform Post-Reform

Projection Absent Reform

Projection With JRI

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Louisiana Reforms: Widespread Political Support

Given Louisiana’s budget pressures and workforce needs, continuing along the same path is unsustainable. It’s time to take a hard look at the criminal justice system and make smarter choices about who we lock up and for how long. That’s why business community leaders from across the state applaud the […] Justice Reinvestment Task Force.

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Louisiana voters take a results-focused view about what counts when it comes to crime and punishment. A 68% majority (53% “strongly”) side with the view that it is not the length of the sentence that is important, but rather whether the system ensures that offenders are less likely to commit another crime. Only 25% support the view that longer sentences are more effective.

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[The Justice Reinvestment Reforms are] the boldest change of direction for Louisiana since the reform of New Orleans public schools after Hurricane Katrina […]. Approval of the[se] 10 measures […] is an illustration of what can happen when citizens and lawmakers approach Louisiana’s most vexing problems collaboratively.

Our Views: At last, a real shot at prison reform

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NEXT STEPS

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Justice Reinvestment Work Plan

1. Prison Trends Examine major trends in the state’s correctional population; how the

prison and supervision populations have changed over the last decade.

2. Policy Development Evaluate and discuss potential policies; reach out to interested

stakeholders.

3. Final Findings and Recommendations Finalize recommendations and task legislature with codifying them into

law.

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Justice Reinvestment Schedule

1. Data trends, Part I: Week of Sept 4th

2. Data trends, Part II: Week of Sept 25th

• 1st round of working groups: Week of Oct 16th

• 2nd round of working groups: Week of Oct 30th

• 3rd round of working groups: Week of Nov 6th

3. Report-out of working groups: Week of Nov 6th

• 4th round of working groups: Week of Nov 27th

4. Finalize policies and impacts: Week of Dec11th

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Justice Reinvestment Working Groups

• Two to four small, policy-focused workgroups designed to closely review and discuss possible reforms.

• Content of the workgroups will depend on the trends of prison and community corrections populations, as well as the interest of the members.

• Workgroups will be composed of members of the SROC and external stakeholders; all recommendations from the workgroups will be presented to the full SROC for adoption.• Groupings will be designated by the Chair and Co-Chair.

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Justice Reinvestment Meeting Times

Meeting Option 1 Option 2 Option 3

Data trends, part I Sept. 5th Sept. 6th

Data trends, part II Sept. 28th Sept. 29th

1st round of working groups Oct. 16th Oct. 17th Oct. 20th (pm)2nd round of working groups Oct. 30th Nov. 1st

3rd round of working groups Nov. 8th Nov. 9th Nov. 10th

Report-out of working groups

Nov. 8th Nov. 9th Nov. 10th

4th round of working groups Nov. 27th Nov. 28th

Finalize policies and impacts

Dec. 15th

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• Connie Utada– Office: 202.540.6423– Email: [email protected]

• Emily Levett – Office: 202.540.6732– Email: [email protected]

Public Safety Performance Projectwww.pewtrusts.org/publicsafety

Contact Info

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