top 12 issues webinar series · 2012-02-22 · driving under the influence of drugs all 50 states...
TRANSCRIPT
TOP 12 ISSUES WEBINAR SERIES Corrections, Juvenile Justice and Drugged Driving
Presented by
State Legislatures Magazine www.ncsl.org/magazine
Alison Lawrence, Policy Specialist
NCSL Criminal Justice Program
Sarah Brown, Program Director
NCSL Criminal Justice Program
Presenters
Anne Teigen, Senior Policy Specialist
NCSL Criminal Justice and Transportation Program
Karmen Hanson, Program Manager
NCSL Health Program
Sentencing and Corrections in 2012
9 out of 10 corrections dollars
are spent on prisons
40% of offenders return to
prison within 3 years
Sentencing and Corrections in 2012
Cost-Effective Policies that Reduce
Recidivism:
Drug Diversion
Community Supervision
Local Funding
Data-Driven Decisions
Ensuring Fairness, Consistency &
Rehabilitation
Expanded
treatment eligibility
and decreased
penalties for low-
level drug offenses.
•Kentucky
→H 463 (2011)
•Colorado
→H 1352 (2010)
→S 96 &
H 1064 (2011)
Adding Recidivism Reduction Goals
& Corresponding Policies
At least 10 states have state-local
incentive funding opportunities.
• Kansas
→S 14 (2007)
→S 55 (2011)
Creating a Continuum of Options
Administrative sanctions for probation
and parole violations in 17 states.
• North Carolina
→H 642 (2011)
Adopting Resource Sensitive Policies
Use of evidence-
based programs
and policies:
– risk
assessments
•Oregon
→S 267 (2003)
•Illinois
→S 1289 (2009)
Using Data-Driven Decision-Making
At least 10 states have used a justice
reinvestment approach.
• Texas
→H 1, H 1678, H 3736
& S166 (2007)
• Arkansas
→S 750 (2011)
Updating for Current Circumstances
& Needs
Almost half of
states have
increased theft
thresholds since
2000.
•Ohio
→H 86 (2011)
•Colorado
→S 260 (2007)
Involving Other Areas of Policy
Coordination
among state and
local agencies,
treatment providers,
and other groups
for offender reentry.
•Florida
→H 1005 (2010)
•Massachusetts
→S 2583 (2010)
2012 and Beyond
More Information?
See: Principles of Effective Sentencing and
Corrections Policy at: www.ncsl.org/.
Thanks!
Juvenile Justice Reform
Overview History
Juvenile crime rates down
Pendulum - swinging back?
» Treat young offenders as adults or kids?
» New and better research available
» Current economic climate
Juvenile Justice Policy Priorities
Promote Public Safety
Producing Positive Outcomes for
Adolescents
Cost-Effective
Current Models of Reform
John D. & Catherine T. MacArthur Foundation's Models for Change Initiative:
Model States: 4 core states working on system-wide change (PA, IL, LA, WA)
Action Networks: 12 states working on specific issues: Mental Health; Disproportionate Minority Contact (DMC); and Juvenile Indigent Defense
http://www.modelsforchange.net/index.html
Missouri Model (Division of Youth Services)
Residential Treatment
Low cost and recidivism rates
http://www.dss.mo.gov/dys/index.htm
Recent State Laws
Recent Trends in State Laws
Due Process Protections
At least 10 states in last 2 years passed laws requiring that
counsel be provided at all critical stages of proceedings
Treating Mental Health Needs
65-70% of the 2 millions juveniles arrested each year have
a mental health disorder.
– 2011-Colorado, Iowa; 2010-Tennessee, Texas;
2009-Oregon; 2008-Louisiana
Detention Reform
States exploring ways to reduce the unwarranted detention of certain juveniles
and provide meaningful alternatives to detention
– 2010-Delaware, Wyoming; 2009-Georgia, North Dakota, Oregon
Recent Trends in State Laws, cont.
Treating Juveniles in the Juvenile System and Prevention/Diversion
States are reestablishing boundaries between the juvenile and criminal justice
systems, diverting more youth to community-based treatment programs, using
more moderate rehabilitative policies and enacting prevention/intervention
measures
– 2011-Indiana, Nebraska, Washington; 2010-Utah; 2009-Colorado,
Connecticut; Illinois, Nevada; 2008-Maine, Virginia
Reentry/Aftercare
Every year 100,000 juveniles are released from confinement; 2/3 of incarcerated
youth were convicted for non-violent offenses
– 2010-California, Nebraska; 2009-Illinois, Mississippi, Texas;
2008-Connecticut
Redeploy Illinois: Cost Savings Strategy
Began in 2005 as pilot program designed to move fiscal resources away from
state institutions and toward community-based services ("realignment") for non-
violent youth offenders
Gives counties the financial support to provide comprehensive services to delinquent
youth in their home communities
– IL has saved millions in incarceration costs and reduced number of
juveniles sent to corrections by 50%
Now permanent state program and expanding throughout state
70% of juveniles who have completed program stay out of justice system
Similar strategies in Ohio, Penn., Wisconsin, California and 8 other states
Changes at the Federal Level: U.S. Supreme Court
Rulings
Death Penalty for juveniles abolished, (Roper v. Simmons, 2005)
Juveniles and Life Without Parole (JLWOP)
for non-homicide crimes abolished
(Graham v. Florida, 2010)
In 2012, the Court will rule on two JLWOP
cases for homicides (Jackson and Miller)
Resources: Juvenile Justice Guide Book
for Legislators
NCSL/MacArthur Foundation partnership publication, covering:
Adolescent Development and Competency;
Delinquency Prevention and Intervention;
Indigent Defense;
Mental Health Needs of Juvenile Offenders;
Disproportionate Minority Contact;
Medicaid for Juvenile Justice Involved Children;
Reentry and Aftercare;
Cost-Benefit Analysis of Juvenile Justice Programs;
References, Glossary and Resources
http://www.ncsl.org/issues-research/justice/juvenile-justice-guidebook-
for-legislators.aspx
Resources, continued:
Juvenile Justice Bill Tracking Database
The database tracks all pending and enacted bills on
pertinent juvenile justice issues and allows you to
search by topic, state, key word or year.
www.ncsl.org/?tabid=12686
Upcoming Activities in 2012
Trends Report - 10 years of laws
Juvenile Justice Quarterly Newsletter
Technical Assistance
Legisbriefs
NCSL's Legislative Summit in Chicago, August 6-9, 2012
Questions and Contact Information
The webinar archive and power points will be emailed
to you next week
Visit NCSL's website: www.ncsl.org
Sarah Brown, Program Director, Criminal Justice
– 303-856-1361, [email protected]
Drugged Driving
Approximately 18 percent of all fatally injured drivers
tested positive for some sort of drugs in 2009.
Drug testing is not done at every single fatal crash. (In
2009, 63% of drivers in fatal crash were tested for drugs)
Unlike alcohol data (and BAC measurements), there is no
standard and accepted measure of the amount of drug present
that is known to impair someone's ability to drive.
Driving Under the Influence of Drugs
All 50 states and DC have laws that specifically address drugged driving in their
impaired driving statutes, or in separate provisions, but state laws vary
considerably.
Three principal types of drugged-driving laws:
1) Statutes that require drugs to render a driver “incapable” of driving safely;
2) Statutes requiring that the drug impair the driver’s ability to operate safely or require a
driver to be “under the influence or affected by an intoxicating drug”; and
3) “Per se” statutes that make it a criminal offense to have a drug or metabolite in one’s
body/body fluids while operating a motor vehicle (often referred to as “zero tolerance” laws).
States with Drugged Driving Per Se Statutes
MD
AK
HI
WA
OR
CA
ID
NV
MT
WY
UT CO
AZ NM
ND
SD
NE
KS
OK
TX
MN
IA
MO
AR
LA
WI
IL
MI
IN
KY
TN
MS AL GA
FL
OH
WV VA
NC
SC
DE
PA NJ
NY
CT
RI
MA
VT
NH
ME
Recent Actions
Approx. 30 bills introduced in 2012
session.
NJ, NY, and TN all introduced Per
Se legislation.
NC and RI have introduced
measures to increase testing at
fatal accidents.
Drugged Driving Resources:
NCSL'S Impaired Driving Resources
http://www.ncsl.org/issues-research.aspx?tabs=951,72,111
NCSL'S Traffic Safety Legislation Database
http://www.ncsl.org/issues-research/transport/traffic-safety-
legislation-database-overview.aspx
Anne Teigen, NCSL Policy Specialist
Prescription Drug Abuse in 2012
Rx abuse is an epidemic
Types of state actions
Evaluating what works
Other areas of discussion
Top 9 Types of Legislative Action to Combat
Rx Abuse
Prescription Drug Monitoring Programs (PMPs)
Tamper resistant forms/e-prescribing
Doctor shopping laws
ID before dispensing
Interstate data-sharing
Pain Management Clinic Regulation
Immunity
Physical exam before dispensing
Tamper resistant product technology
Areas of Most Recent Policy Action
(2009-2011)
Prescription Drug Monitoring Programs (PMPs): 43 states
currently have enabling legislation
Education (profess. and public): 11 states with action
Tamperproof technologies (products & pads): 8 states
Data sharing: 3 states
Regulating pain clinics, immunity or e-prescribing: 2 states
Doctor shopping or crimes for misuse: 1 state
Evaluating What Works
PMPs
RADARS: Two observational data sources offer preliminary
support that PMPs are effective. Future efforts should
evaluate what PMP characteristics are most effective and
which opioids are most impacted.
http://onlinelibrary.wiley.com/journal/10.1111/(ISSN)1526-
4637/earlyview
CDC: Vital Signs: Overdoses of Prescription Opioid Pain
Relievers --- United States, 1999--2008
http://www.cdc.gov/mmwr/preview/mmwrhtml/mm6043a4.htm
?s_cid=mm6043a4_w
Research pending (CDC Public Health Law and others)
Other Areas of Discussion
Protecting safe and legal access
Difficulty of measuring "drugged driving"
with Rx and other substances
New policy areas: synthetic drugs and
prevention programs
NCSL contacts & resources
Hollie Hendrikson, Policy Associate:
[email protected] 303-856-1525
Karmen Hanson, Program Manager:
[email protected] 303-856-1423
http://www.ncsl.org/issues-research/health/prevention-of-
prescription-drug-overdose-and-abuse.aspx
Questions
•The webinar archive and power points will be
available next week.
Alison Lawrence, Policy Specialist
Sarah Brown, Program Director
Presenters
Anne Teigen, Senior Policy Specialist
Karmen Hanson, Program Manager