2009 Drug Law Reform Preliminary Update on Early Implementation - - PowerPoint PPT Presentation

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2009 Drug Law Reform Preliminary Update on Early Implementation - - PowerPoint PPT Presentation

Division of Criminal Justice Services Office of Justice Research and Performance 2009 Drug Law Reform Preliminary Update on Early Implementation February 2010 1 Over the Past 20 Years, NYS Crime Rate Has Declined At Almost Twice the Rate of


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SLIDE 1

Division of Criminal Justice Services Office of Justice Research and Performance 2009 Drug Law Reform Preliminary Update on Early Implementation

February 2010

1

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SLIDE 2

2

Over the Past 20 Years, NYS Crime Rate Has Declined At Almost Twice the Rate of the Rest of the Country

1,900 2,400 2,900 3,400 3,900 4,400 4,900 5,400 5,900 6,400 6,900 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008

Rest of US -34% New York -62%

Source: FBI, Crime in the United States annual publications Rate: Per 100,000 Population

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SLIDE 3

NYC Crime Declined 72% and Crime in the Rest

  • f the State Declined 36% Since 1989

Source: DCJS Uniform Crime\Incident Based Reporting system

412,821 265,009 713,322 198,419 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 Index Crimes (1989-2008) Rest of State NYC

3

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SLIDE 4

Crime Continued to Decline in New York State in 2009

Crimes reported to police continued to drop between 2008 and 2009.

  • New York City Police Department reported a

reduction of 5% in major crime categories; reported murders are down (-10%)

  • Departments Outside New York City reported

Index crime was down (-2%); Violent Index crime was down (-2%) as was property crime (-2%)

4

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SLIDE 5

Statewide Felony Drug Trends

14,679 62,293 40,209 6,461 36,524 14,029 834 11,225 5,190 10,000 20,000 30,000 40,000 50,000 60,000 70,000 Felony Drug Arrests, Indictments and Commitments to Prison 1973- 2008 Arrests Indictments Commitments

5

Source: DCJS Felony Processing File, Criminal History File, DOCS Admission file and Crime and Justice Report Note: Indictments only available since 1974.

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SLIDE 6

Steep Increases from 1970’s to 1989 in Felony Drug Activity; Declines Since Then

  • Felony Drug Arrests increased from 14,679 in 1973 to

62,293 in 1989

  • Indictments increased from 6,461 in 1974 to 36,524 in

1989

  • Drug commitments to State prison increased from 834

in 1973 to 11,225 in 1992

  • Contributed to major increase in DOCS population,

from 13,437 in 1973 to 71,472 in 1999

6

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SLIDE 7

Drug Offenders In Prison Peaked in 1996, Prison Population Peaked in 1999

10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Drug Offenders and Total Offenders Under Custody in NYSDOCS 1973-2009 Drug Offenders Under Custody Non-Drug

7

Source: DOCS

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SLIDE 8

23,511 22,266 18,363 14,249 13,383 11,936 10,319 5,000 10,000 15,000 20,000 25,000 1996 1999 2002 2005 2007 2008 2009 Drug Offenders Under Custody (Year End)

Drug Offenders in DOCS Declined 56% Since Peak in 1996; Down 1,617 in Past Year

8

Source: DOCS

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SLIDE 9

Felony Drug Arrests Declined 47% in NYC and 19% outside NYC Since 1989

Source: DCJS – Criminal History File

8,938 48,984 25,953 2,939 13,352 10,754 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 45,000 50,000 55,000 1980 1983 1986 1989 1992 1995 1998 2001 2004 2007 2009 Felony Drug Arrests 1980-2009 NEW YORK CITY NON-NEW YORK CITY

9

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SLIDE 10

Arrest, Indictment and Commitment By Region

  • After dramatic growth in the late 1980’s and early

1990’s, major decreases in arrests, indictments and commitments were driven by changes in New York City

  • Until 2008, arrests, indictments and commitments
  • utside of New York City had not changed much since

1990

10

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SLIDE 11

Felony Drug Indictments Declined 73% in NYC and 25% in Non-NYC Since Peaking in 1989

2,634 28,631 7,768 1,507 7,945 5,972 5,000 10,000 15,000 20,000 25,000 30,000 35,000 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 Drug Indictments 1980-2008 NEW YORK CITY NON-NEW YORK CITY

Source: DCJS – ISS and Felony Processing files

11

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SLIDE 12

Drug Commitments Declined 73% in NYC and 25% outside NYC since 1992

Source: DOCS Admission file

8,569 2,339 2,656 1,980 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 1992 1994 1996 1998 2000 2002 2004 2006 2008 2009 Drug Commitments 1992-2009 NEW YORK CITY NON-NEW YORK CITY

12

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SLIDE 13

2009 Drug Law Changes Effective April 2009 – Sentencing Changes

  • Eliminated mandatory minimum for 1st B Drug (can

now go to jail or probation)

  • Reduced minimum prison sentence for 2nd B’s from 3½

years to 2 years

  • Eliminated mandatory minimum for 2nd C, D, and E

Drug (jail or probation now an option)

  • Expanded eligibility for Shock participation and

sentences to Willard Drug Treatment Campus

13

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SLIDE 14

2009 Drug Law Changes – Implementation Dates Staggered

June 2009

  • Conditional sealing provisions took effect

October 2009

  • Judicial diversion statute became effective
  • Resentencing authorized for indeterminately

sentenced drug offenders in DOCS custody November 2009

  • New Crimes in effect:

B Felony Sale to a Child A-I Operating as a Major Trafficker

14

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SLIDE 15

Resentencing Update As of 2-19-10

  • Eligibility estimates: 1,100 possible, 700 likely eligible
  • 203 individuals resentenced & 127 released as of 2-19-10
  • No centralized data collected on approvals vs. denials
  • Most of those who were resentenced and are still in prison

have time left to serve on new sentence

  • So far: 74% released to post release supervision; for others,

time already served in DOCS covered the newly-imposed sentence and the post release supervision period

  • Major effort by DOCS and Parole to expedite release and

arrange services has been successful

  • Cases still being resentenced at a steady pace

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SLIDE 16

B Felony Drug Offenders Resentenced as of February 19, 2010 (203 To Date)

County Number County Number County Number Albany 11 Monroe 5 Rensselaer 3 Allegany 1 Montgomery 1 Richmond 1 Bronx 52 Nassau 4 Rockland 6 Broome 3 New York 35 Saratoga 1 Clinton 2 Oneida 1 Suffolk 3 Columbia 2 Onondaga 18 Tompkins 2 Erie 1 Ontario 3 Ulster 1 Fulton 4 Orange 10 Warren 4 Greene 1 Oswego 1 Westchester 1 Kings 17 Queens 8 Wyoming 1

16

Source: DOCS

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SLIDE 17

Judicial Diversion – Defining Drug Law Reform (DLR) Cases

  • Counting rules developed to allow comparisons of

similar cases before and after October 2009

  • Counts includes cases involving felony class B-E drug
  • ffenses and property offenses specified in the CPL

Article 216

  • Cases must remain in felony court to be counted
  • Includes cases identified as 216 diversion type by the

courts as well as drug court cases that involve charges included in CPL Article 216

17

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SLIDE 18

DLR Drug Court Admissions More Than Doubled since 2008

18

100 200 300 400 500 600

Quarterly DLR Court Admissions January 2008-December 2009

Source: Office of Court Administration

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SLIDE 19

DLR Drug Court Admissions

19 50 100 150 200 250 300 350 Apr-Jun09 Jul-Sep09 Oct-Dec09

NYC

50 100 150 200 250 300 350 Apr-Jun09 Jul-Sep09 Oct-Dec09

Rest of State

Source: Office of Court Administration

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SLIDE 20

Judicial Diversion – What Will Take More Time

  • Very early! Diversion program just getting underway,

and files are still incomplete

  • Still reconciling data from several data sources,

including newly created datasets; still addressing missing and conflicting data

  • More time & analysis needed to determine treatment

impact and admissions to residential vs. outpatient

  • Assessment data, and who accepts or rejects diversion
  • ffer not yet analyzed
  • Still confirming number of cases enrolled over DA
  • bjection

20

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SLIDE 21

NYC CJ Admissions to Residential Treatment

21

Source: OASAS

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 374 334 397 380 309 415 391 369 371 387 347 409 2008 417 369 369 391 375 354 390 372 390 389 331 334

50 100 150 200 250 300 350 400 450

NYC CJ Admissions to Residential Treatment Jan 2008 - Dec 2009

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SLIDE 22

Criminal Justice Admissions to OASAS Programs

  • Statewide, there are more than 60,000 Criminal Justice

Admissions annually

  • About 40% of treatment admissions are criminal

justice-related

  • Most criminal justice admissions are unrelated to

Reform, but it is expected that admissions will increase as a result of Reform

  • DCJS, Parole, DPCA, OCA and OASAS are working to

link information while protecting client confidentiality

22

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SLIDE 23

NYC CJ Admissions to Outpatient Treatment

23

Source: OASAS

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 1,288 1,241 1,473 1,490 1,348 1,497 1,545 1,497 1,358 1,340 1,175 1,282 2008 1,500 1,359 1,522 1,596 1,450 1,547 1,515 1,444 1,495 1,578 1,170 1,354

500 1,000 1,500 2,000

NYC CJ Admissions to Outpatient Treatment Jan 2008 - Dec 2009

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SLIDE 24

Rest of State CJ Admissions to Residential Treatment

24

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 148 136 168 171 181 207 164 147 182 175 166 167 2008 165 157 171 181 178 190 208 174 167 162 140 161

50 100 150 200 250

Rest of State CJ Admissions to Residential Treatment January 2008 –December 2009

Source: OASAS

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SLIDE 25

Monitoring Criminal Justice Treatment Participation

  • DCJS and OASAS are monitoring overall Criminal

Justice admissions to treatment

  • October-December 2009 is very early implementation
  • f new judicial diversion—but monitoring procedures

are in place

  • New tracking mechanisms will provide greater

understanding of treatment participation among criminal justice clients

25

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SLIDE 26

Rest of State CJ Admissions to Outpatient Treatment

26

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 2,811 2,857 3,159 3,158 2,827 3,184 3,109 2,782 3,036 2,970 2,617 2,905 2008 3,198 2,731 2,969 3,021 2,660 2,896 3,043 2,693 2,993 3,161 2,435 2,671

1,000 2,000 3,000 4,000

Rest of State CJ Admissions to Outpatient Treatment January 2008 – December 2009

Source: OASAS

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SLIDE 27

NYC Felony Drug Arrests Down (-10%) in 2009; 2nd Year of Decline

27

Source: DCJS – Criminal History file

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 2,512 2,297 2,459 2,274 2,294 2,063 2,172 2,178 1,938 2,192 1,961 1,613 2008 2,808 2,631 2,725 2,481 2,491 2,339 2,139 2,212 2,283 2,841 2,163 1,651 500 1,000 1,500 2,000 2,500 3,000 NYC Felony Drug Arrests Jan 2008 - Dec 2009

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SLIDE 28

Recent Felony Drug Trends In New York City

  • Monthly data shows trends underway when statutory

change was enacted in 2009

  • Arrests down (-10%) in 2009, the second year of

decline

  • Indictments dropped (-2%) despite larger decline in

arrests; indictment activity very stable month-to-month in 2009

  • NYC commitments declined (-6%) with decline noted

from May onward

28

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SLIDE 29

NYC Felony Drug Indictments Down (-2%) in 2009

29

Source: DCJS – Felony Processing file

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 600 562 651 629 631 638 646 638 653 643 628 544 2008 725 593 653 781 683 625 687 481 553 699 517 609

200 400 600 800

NYC Felony Drug Indictments Jan 2008 - Dec 2009

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SLIDE 30

NYC Drug Commitments Down (-6%)

30

Source: DOCS Admission file

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 216 241 242 236 168 209 201 168 137 191 138 192 2008 200 221 244 198 230 199 228 186 201 215 158 204 50 100 150 200 250 300 NYC Drug Commitments to Prison Jan 2008 - Dec 2009

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SLIDE 31

Non-NYC Felony Drug Arrests Down (-6%) in 2009

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 845 831 1,038 921 892 934 896 854 924 1,047 884 688 2008 1,011 970 1,114 1,041 1,105 1,124 909 863 921 950 738 699 400 800 1,200 Non-NYC Felony Drug Arrests Jan 2008 - Dec 2009

31

Source: DCJS – Criminal History file

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SLIDE 32

Recent Felony Drug Trends In Rest of State

  • Non-NYC Felony drug arrests declined (-6%) for the

2nd year in a row.

  • Decline in indictments (-16%) much greater than

decline in arrests

  • Decline in commitments (-27%) even greater
  • Important Note: Many 2009 commitments arrested

indicted prior to 2009 - shown with arrests and indictments to illustrate overall trends

32

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SLIDE 33

Non-NYC Felony Drug Indictments Down (-16%) in 2009

33

Source: DCJS – Felony Processing file

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 437 403 555 533 420 592 493 345 450 477 418 350 2008 604 566 596 572 587 628 576 433 501 543 440 449

200 400 600 800

Non-NYC Felony Drug Indictments Jan 2008 - Dec 2009

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SLIDE 34

Non-NYC Drug Commitments Down (-27%)

34

Source: DOCS Admission file

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 181 194 201 162 168 188 156 159 141 167 132 131 2008 274 183 254 220 239 255 211 215 205 223 169 258 50 100 150 200 250 300 Non-NYC Drug Commitments to Prison Jan 2008 - Dec 2009

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SLIDE 35

NYC Sentences for 1st B, C, D, and E Felony Drug Convictions (Excludes Diversions)

Prison, 28.3% Willard, .0% Jail, 25.1% Split, 9.2% Probation, 35.1% Other Felony Sent, 2.4%

2008 (2,599)

Prison, 26.6% Willard, .2% Jail, 30.8% Split, 7.6% Probation, 32.8% Other Felony Sent, 2.0%

Jul-Sep 2009 (497)

35 Source: DCJS – Felony Processing File

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SLIDE 36

Elimination of Mandatory Minimums for 1st B Convictions Mean Fewer to Prison

  • Does not include persons entering diversion or

completing diversion – only those convicted of a 1st felony B, C, D or E drug offense

  • The quarter shown pre-dates the implementation of

judicial diversion – only shows changes in sentencing for those convicted of a felony drug offense

  • 1st B’s are shown along with 1st C, D and E convictions

to show net impact after any shifts in plea practices

36

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SLIDE 37

Rest of State Sentences for 1st B, C, D, and E Felony Drug Convictions (Excludes Diversions)

Prison, 34.1% Willard, .1% Jail, 14.2% Split, 24.2% Probation, 25.1% Other Felony Sent, 2.1%

2008 (3,082)

Prison, 25.9% Willard, 1.4% Jail, 14.2% Split, 25.4% Probation, 30.0% Other Felony Sent, 3.2%

Jul–Sep 2009 (628)

37

Source: DCJS – Felony Processing File

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SLIDE 38

Sentences are Changing for 1st B, C, D, and E Felony Drug Convictions

  • In NYC, the proportion of first felony drug offenders

who received prison only dropped slightly from 28.3% to 26.6%; NYC also shifted to more jail sentences, slightly fewer to probation for 1st felony offenses

  • Outside NYC – proportion sentenced to prison down

more dramatically from 34.1% to 25.9%

  • The proportion sentenced to probation, split sentences

and jail increased outside NYC

38

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SLIDE 39

NYC Sentences for 2nd B, C, D, and E Felony Drug Convictions (Excludes Diversions)

Prison, 80.9% Willard, 1.2% Jail, 8.4% Split, 2.5% Probation, 6.4% Other Felony Sent, .6%

2008 (2,450)

Prison, 67.5% Willard, .3% Jail, 21.2% Split, 1.8% Probation, 7.8% Other Felony Sent, 1.3%

Jul-Sep in 2009 (612)

39

Source: DCJS – Felony Processing File

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SLIDE 40

Elimination of Mandatory Minimums for 2nd C, D, E Convictions

  • Decrease in the proportion sentenced to prison for all

2nd Felony drug convictions is significant, both within and outside NYC

  • NYC – proportion sentenced to prison down from

80.9% to 67.5%

  • Rest of State declined from 82.4% to 70.0%
  • Unrelated to diversion – solely related to sentencing

changes for those convicted of drug felonies and not diverted

40

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SLIDE 41

Rest of State Sentences for 2nd B, C, D, and E Felony Drug Convictions (Excludes Diversions)

Prison, 82.4% Willard, 7.9% Jail, 3.2% Split, 3.0% Probation, 3.1% Other Felony Sent, .3%

2008 (2,093)

Prison, 70.0% Willard, 10.2% Jail, 9.5% Split, 5.8% Probation, 3.9% Other Felony Sent, .6%

Jul-Sep 2009 (463)

41

Source: DCJS – Felony Processing File

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SLIDE 42

4,319 Drug Commitments in 2009 Declined by 871 from 2008

Drug Commitments to Prison: Quarterly Comparison 2008 – 2009

665 627 615 577 699 613 506 521 100 200 300 400 500 600 700 800 Jan - Mar Apr - Jun Jul - Sep Oct - Dec

NYC

2008 2009 711 714 631 650 576 518 456 430 100 200 300 400 500 600 700 800 Jan - Mar Apr - Jun Jul - Sep Oct - Dec

Non-NYC

2008 2009

42

Source: DOCS Admission file

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SLIDE 43

Profile of DOCS Commitments

  • In 2008, there were 3,335 sentences to prison for 1st

B’s, and 2nd C, D, and E drug offenses, offenses which no longer require prison; these offenses made up 64%

  • f the 2008 drug commitments
  • In 2009, there were 2,529 commitments for same
  • ffenses – decrease of 24%
  • 1st B’s, and 2nd C, D, and E offenses made up 58% of

the 4,319 commitments in 2009

  • Sentencing changes were effective for less than 9

months of 2009

43

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SLIDE 44

Changes in Drug Commitments to Prison 2008 vs. 2009

44

Source: DOCS Admission file and DCJS Criminal History file

Felony Class Commitment Year 2008 vs. 2009 2008 2009 % Change A 1st and 2nd 276 298 8% B 1st 1,198 930

  • 22%

B 2nd 743 870 17% C 2nd 1,012 728

  • 28%

D 2nd 945 709

  • 25%

E 2nd 180 162

  • 10%

C 1st 421 300

  • 29%

D 1st 378 278

  • 26%

E 1st 37 44 19% Total 5,190 4,319

  • 17%
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SLIDE 45

Majority of Felony Drug Arrests and Indictments Class B’s; Will Be Analyzing Plea Practices

45

Felony Offense Class of Drug Arrests and Indictments, 2008 Felony Offense Class Arrests Indictments # % # % Class A-I 1,019 2.5% 423 3.0% Class A-II 1,023 2.5% 319 2.3% Class B 28,395 70.6% 9,346 66.6% Class C 2,691 6.7% 1,436 10.2% Class D 5,851 14.6% 2,094 14.9% Class E 1,230 3.1% 411 2.9% Total 40,209 100.0% 14,029 100.0%

Source: DCJS – Felony Processing File and Criminal History file

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SLIDE 46

B 1st Sentences Increased An Average

  • f 6 Months

Median Sentence in Months – B-E First Felony

46

Source: DOCS Admission file

18 18 18 24 12 18 18 18 6 12 18 24 30 36 Class E Class D Class C Class B

NYC

Jan-Dec 2008 Apr-Dec 2009

12 18 24 30 12 18 24 24 6 12 18 24 30 36 Class E Class D Class C Class B

Rest of State

Jan-Dec 2008 Apr-Dec 2009

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SLIDE 47

Early Changes – For First Felony Drug Commitments

  • 1st B determinate sentence range is 1 to 9 years
  • In both regions, sentences for 1st B commitments

increased by 6 months

– Since prison is no longer required for 1st B’s, those committed after sentencing change are more likely than before to get a longer sentence

  • When prison was mandatory for 1st B’s, there were a

larger number of commitments that received the 1 year minimum sentence

47

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SLIDE 48

Average Sentences Decreased for B 2nd’s in NYC, Unchanged Rest of State

Median Sentence in Months – B-E Second Felony

48

Source: DOCS Admission file

24 24 30 36 24 18 30 42 20 40 60 Class E Class D Class C Class B

NYC

Jan-Dec 2008 Apr-Dec 2009

24 30 36 48 18 24 36 48 20 40 60 Class E Class D Class C Class B

Rest of State

Jan-Dec 2008 Apr-Dec 2009

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SLIDE 49

Early Changes – For Second Felony Drug Commitments

  • The mandatory minimum sentence for 2nd B’s was

reduced from 3 ½ to 2 years

  • The median sentence decreased in NYC from 42 to 36

months; no change seen yet outside NYC

  • 500 fewer 2nd C’s and D’s were committed; median

sentence length increased for 2nd D’s

  • With prison no longer required for these convictions,

those committed after sentencing change more likely than before to get a longer sentence

49

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SLIDE 50

NYC Felony Drug Sentences to Probation Down, But Higher Proportion of B’s

50 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec # C, D, E 2009 111 83 100 94 76 63 39 41 57 53 50 36 # B 2009 14 11 6 18 17 42 52 35 40 34 29 25 2008 131 93 128 120 138 114 118 82 138 111 80 138

50 100 150

NYC Felony Drug Sentences to Probation Jan 2008 - Dec 2009 (B,C,D & E Convictions)

Source: DCJS – Felony Processing file

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SLIDE 51

Changes in Probation Sentences

  • The proportion of cases sentenced to probation is up

for both 1st and 2nd felony drug convictions

– More 1st B and 2nd C, D, E drug offenders now receiving a probation sentence

  • Outside New York City, fewer indictments have meant

fewer dispositions so although the proportion of convictions resulting in a probation sentence is up, the number is down

51

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SLIDE 52

Non-NYC Drug Sentences to Probation Down, with B Sentences Increasing

52 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec # C, D, E Sentenced 157 127 138 121 131 111 103 113 110 114 93 93 # B Sentenced 2 2 5 10 9 14 17 26 43 26 21 34 2008 175 144 135 171 151 151 154 111 200 140 95 105

50 100 150 200

Non-NYC Felony Drug Sentences to Probation Jan 2008 - Dec 2009 (B,C,D & E Convictions)

Source: DCJS – Felony Processing file

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SLIDE 53

Statewide Direct Judicial Sentences to Willard Are Up (+30%)

25 50 75 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Statewide Willard Admissions Jan 2008 - Dec 2009 NYC Non-NYC 2008

53

Source: DOCS Willard Admissions

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SLIDE 54

Expanded Eligibility for DOCS Shock Incarceration Program

As of January 2010:

  • 105 Retroactive cases graduated from Shock (including 20 who

were 40+ years old)

  • 12 additional 40+ individuals entered Shock and graduated
  • 87 Aging-In cases are currently participating in the program

(including 17 over 40 years old)

  • 29 40+ individuals currently in the program arrived directly the

Reception Centers

  • 945 currently participating in Shock (lowest since April 2009);

number of Shock eligible offenders entering DOCS continues to decline

  • Five Court Ordered inmates who did not meet the physical or

psychological requirements of the program are participating in alternative programs

54

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SLIDE 55

Parole Merit Termination

  • Effective April 7, 2009, the Division of Parole can

authorize to discharge certain nonviolent drug

  • ffenders from supervision prior to their maximum

expiration date

  • As of December 31, 2009, 1,146 nonviolent parolees

who were under supervision for drug offenses were discharged

55

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SLIDE 56

Conditional Sealing

  • Effective June 7, 2009, upon successful completion of a

judicial diversion program, the court may conditionally seal the instant offense and up to three prior misdemeanors

– If the defendant is re-arrested, the records are unsealed

  • Seven conditional seals have been processed by OCA

and DCJS as of February 12, 2010

  • Rensselaer (3) , Schenectady (1), Suffolk (1), Steuben

(1), Kings (1)

56

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SLIDE 57

57

Working with NYC Offices to Incorporate DTAP Data

*The programs included in this chart differ substantially in selection criterion, treatment modalities utilized, enforcement methods and completion requirements. ** SNP includes January – December 2009 Note: All data is preliminary and under review

NYC DTAP DA DIVERSION PROGRAM ADMISSIONS (1999-2009)* County 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Jan-Sep 2009 Bronx 306 344 334 297 270 244 321 264 257 232 249 Kings 161 179 238 206 273 155 157 235 139 109 127 New York (in fiscal years) na na na 47 na 34 44 32 48 8 na Special Narcotics Prosecutor 141 145 109 129 146 190 195 143 96 119 96** Queens 26 31 42 43 73 59 37 48 34 31 26 Richmond 8 26 48 33 21 25 23 27 19 10 9 New York City Total 642 725 771 755 783 707 777 749 593 509 507

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SLIDE 58

Research and Evaluation Plan

  • DCJS coordinating with OCA, OASAS, DOCS, Parole,

DPCA to monitor all aspects of reform

  • Excellent cooperation among agencies
  • Agreements in place with OCA and OASAS
  • Sharing among other CJ agencies will continue
  • Will link criminal justice, treatment and diversion data

for the first time

  • Will greatly improve what we know about diversion and

treatment outcomes

58

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SLIDE 59

Next Steps – More Analysis Needed

  • Cohort analyses will provide more complete

information; need more complete files to analyze changes in plea practices

  • Treatment activity is critical, but too early to analyze
  • Baseline reports on DCJS website
  • DCJS coordinating development of formal evaluation

plan (more long term)

  • Seeking input into formal evaluation from all

stakeholder groups

  • Preliminary data updates (like this one) will be shared

through 2010

59

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SLIDE 60

Division of Criminal Justice Services Office of Justice Research and Performance 518-457-7301 Terry Salo, Deputy Commissioner Terry.Salo@dcjs.state.ny.us Leslie Kellam, Research Coordinator Leslie.Kellam@dcjs.state.ny.us

60

Baseline Reports on DCJS Website at www.criminaljustice.state.ny.us