[PPT] - Division of Criminal Justice Services Office of Justice Research and PowerPoint Presentation

SLIDE 1

Division of Criminal Justice Services

Office of Justice Research and Performance

2009 Drug Law Reform Update

June 2013

SLIDE 2

6/26/2013 1

70,000 80,000

Drug Offenders and Total Offenders Under Custody in NYSDOCS 1982-2012

20 000 30,000 40,000 50,000 60,000 10,000 20,000 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 2010 2011 2012 Drug Offenders Under Custody Non-Drug

Drug Offenders Under DOCS Custody (Year End)

Since 2008, Drug Offenders Under Custody Declined By More Than 5,100 (-43%)

23,511 22,266 15,486 14,249 11,936 10,319 8,661 7,509 6,811

5 000 10,000 15,000 20,000 25,000 5,000 1996 1999 2004 2005 2008 2009 2010 2011 2012

Source: DOCCS

11,225

12,000

Felony Drug Commitments to DOCCS

Since 2008, the Number of Drug Commitments Declined By 38%

9,841 5,667 5,839 5,190 4,319 3,755 3,513 3,193

4,000 6,000 8,000 10,000 2,000 1992 1996 2004 2005 2008 2009 2010 2011 2012

Source: DOCCS

2,500 3,000

2008 and 2012 Drug Commitments to Prison

Decreases in Drug Commitments were Driven by NYC (-30%) and Large Upstate Counties (-55%)

30%
55%

2%

500 1,000 1,500 2,000 NYC LARGE SMALL 2008 2,484 2,143 563 2012 1,500 1,119 574 500

Source: DOCCS

SLIDE 3

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40,361

40,000 45,000 5 Year Felony Drug Trends: Statewide

Much of the Decrease was due to a 26% Decline in Felony Drug Arrests Since 2008

29,960 14,477 10,460

10 000 15,000 20,000 25,000 30,000 35,000 , 2008 2009 2010 2011 2012 Arrests 40,361 36,919 33,624 31,421 29,960 Indictments/SCIs 14,477 13,483 12,422 10,870 10,460 Commitments 5,190 4,319 3,755 3,513 3,188

5,190 3,188

5,000 10,000

28,892

30 000 35,000

5 Year Felony Drug Trends: NYC

NYC Drug Arrests Declined 32% Since 2008

28,892 19,680 7,828 5,486

10,000 15,000 20,000 25,000 30,000 2008 2009 2010 2011 2012 Arrests 28,892 26,047 22,878 21,284 19,680 Indictments/SCIs 7,828 7,634 6,709 5,744 5,486 Commitments 2,484 2,339 2,019 1,813 1,499

, 2,484 1,499

5,000

9,404

10,000

5 Year Felony Drug Trends: Large Counties

Large County Arrests Declined 15% Since 2008

7,999 5,301 3,482 2,143

2 000 4,000 6,000 8,000 2008 2009 2010 2011 2012 Arrests 9,404 8,646 8,607 7,924 7,999 Indictments/SCIs 5,301 4,335 4,246 3,729 3,482 Commitments 2,143 1,437 1,205 1,178 1,118

1,118

2,000

2,281

2,500

5 Year Felony Drug Trends: Small Counties

Felony Drug Arrests in Small Counties Increased 10% Since 2008

2,065

1,348 1,492 563 571

500 1,000 1,500 2,000 2008 2009 2010 2011 2012 Arrests 2,065 2,226 2,139 2,213 2,281 Indictments/SCIs 1,348 1,514 1,467 1,397 1,492 Commitments 563 543 531 522 571 500

SLIDE 4

6/26/2013 3

Arrests, Indictments, and Prison Commitments for Felony Drug Offenses, by Race/Ethnicity

Race Arrests Indictments Commitments Race 2008 2011 2012 % chg 08-12 2008 2011 2012 % chg 08-12 2008 2011 2012 % chg 08-12 White

5,891 5,533 5,806

1%

2,291 2,118 2,195

4%

664 563 579

13%

Black

17,168 11,628 10,562

38%

6,397 3,976 3,770

41%

2,839 1,639 1,578

44%

Hispanic

16,836 13,742 13,071

22%

5,679 4,640 4,381

23%

1,607 1,185 970

40%

Other

466 518 521 12% 126 136 114

10%

80 126 66

18%

Total

40,361 31,421 29,960

26%

14,493 10,870 10,460

28%

5,190 3,513 3,193

38%
Largest declines in arrests (-38%),

indictments (-41%) and commitments (-44%) were for Black defendants.

Large declines were also seen for Hispanic

defendants in arrest (-22%), indictments (-23%) and commitments (-40%).

There was very little change for white

defendants, with arrests (-1%), indictments (-4%) and commitments (-13%).

Race/Ethnicity of Offenders Committed to Prison for Felony Drug Offenses

NYC Large Counties Small Counties Race g 2008 2011 2012 % chg 08-12 2008 2011 2012 % chg 08-12 2008 2011 2012 % chg 08-12 White 86 91 90 5% 328 199 202

38%

250 273 287 15% Black 1,220 803 662

46% 1,382

677 708

49%

237 159 208

12%

Hispanic 1,143 864 723

37%

399 257 186

53%

65 64 61

6%

Hispanic 1,143 864 723 37% 399 257 186 53% 65 64 61 6% Other 35 55 25

29%

34 45 23

32%

11 26 18 64% Total 2,484 1,813 1,500 -40% 2,143 1,177 1,119 -48% 563 523 574 2%

There have been large declines in

commitments in NYC (-40%) and large counties (-48%), especially for black counties ( 48%), especially for black and Hispanic offenders since 2008.

Small county commitments have

fluctuated but show increases in white fluctuated, but show increases in white

ffenders committed to prison (+15%).

SLIDE 5

6/26/2013 4

Other 2% White Other 1%

2008

N=40,361

2012

N=29,960

Statewide Felony Drug Arrests, by Race/Ethnicity

White 19% Hispanic 44% W e 15% Hispanic 42% Black 35% Black 42% O

Statewide Felony Drug Indictments, by Race/Ethnicity

2008

N=14,493

2012

N=10,460 White 21% Hispanic 42% Other 1% White 16% Hispanic 39% Other 1% Black 36% 42% Black 44% Other 2% White Other

Statewide Felony Drug Commitments to Prison, by Race/Ethnicity

2008

N=5,190

2012

N=3,193 White 18% Hispanic 30% % White 13% Hispanic 31% 1% Black 50% Black 55%

There has been a shift in the race and ethnicity
f drug offenders who are arrested, indicted,

and committed.

The most notable changes are a decline in the

proportion of black offenders and a higher proportion of white offenders.

The actual number of those arrested, indicted,

and committed has declined across all racial/ethnic categories.

SLIDE 6

6/26/2013 5

6,000 7,000

Statewide A216 Screenings for Drug Court, by Year 2008 - 2012

1 000 2,000 3,000 4,000 5,000 2008 2009 2010 2011 2012 Drug 3,082 3,687 4,488 3,557 3,098 Prop 1,532 1,570 1,990 1,722 1,454

1,000

New York City A216 Screenings for Drug Court by Year: 2008 - 2012

NYC’s Decline in Drug Screenings Coincides with Drug Arrest Decline, Property Screenings Also Down

2,000 3,000 4,000 5,000 2008 2009 2010 2011 2012 Drug 2,629 2,818 2,828 2,247 1,796 Prop 1,069 923 1,059 838 560

1,000

2 500

Large County A216 Screenings for Drug Court by Year 2008 - 2012

Large County Screenings Have Been Steady After 2010 Start-Up “Bump”

1,000 1,500 2,000 2,500 2008 2009 2010 2011 2012 Drug 342 698 1,420 1,091 1,086 Prop 297 455 695 631 599

500

1 000

Small County A216 Screenings for Drug Court, by Year: 2008 - 2012

Small County Screenings Have Grown Slowly, Most are Property Offenders

400 600 800 1,000 2008 2009 2010 2011 2012 Drug 111 171 240 219 216 Prop 166 192 236 253 295 200

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3,000 Statewide A216 Drug Court Admissions by Year 2008 - 2012

Although Statewide Screenings Down in 2012, Admissions Increased, Driven by Property

1,000 1,500 2,000 2,500 2008 2009 2010 2011 2012 Drug 681 1,072 1,863 1,342 1,386 Prop 355 436 756 633 767 500 1,000 1,200

New York City A216 Drug Court Admissions by Year 2008 - 2012

NYC Admissions are Down, Consistent with the Felony Arrest Trend

400 600 800 1,000 2008 2009 2010 2011 2012 Drug 416 671 878 677 607 Prop 53 70 144 128 124 200 1 400

Large County A216 Drug Court Admissions by Year 2008 - 2012

Large County Admissions Up in 2012 for both Drug and Property Offenders

400 600 800 1,000 1,200 1,400 2008 2009 2010 2011 2012 Drug 220 323 836 538 655 Prop 204 259 466 353 451 200 400 350

Small County A216 Drug Court Admissions by Year 2008 - 2012

Small County Increase Driven Entirely by Property Offenders

100 150 200 250 300 350 2008 2009 2010 2011 2012 Drug 45 78 149 127 124 Prop 98 107 146 152 192 50 100

SLIDE 8

6/26/2013 7

Screening Outcomes 2012: NYC N=2,350

Admitted 34%

Refused Program 22% No Addiction 4% Med/MH History 3% DA Determination 14%

Not Admitted 66%

Legal/Case Reason 17% Other Reason 5%

Source: OCA

Screening Outcomes 2012: Large Counties N=1,700

Admitted 69%

Refused Program 7% No Addiction 2% Med/MH History 2% DA Determination 2% Legal/Case Reason 7%

Not Admitted 31%

Article 216 Hearing 6% Other Reason 5%

Source: OCA

Screening Outcomes 2012: Small Counties N=527

Admitted 62%

Refused Program 8% No Addiction <1% Med/MH History 2% DA Determination 10% Legal/Case Reason 6%

Not Admitted 38%

Article 216 Hearing 4% Other Reason 8%

Source: OCA

Screening outcome data differ due to

different processes depending on location.

NYC screens larger numbers of individuals

who refuse program participation.

The majority of cases coded “DA

i i ” i i i Determination” were dismissed outright (13%) or ended in misdemeanor convictions (40%). Only 17% of cases resulted in felony convictions.

SLIDE 9

6/26/2013 8

7% 8% 3%

DA Objection to Drug Court Admissions for 2012

Most of the DA Objections are from NYC (14%) Followed by Large Counties (9%)

79% 83% 95% 14% 9% 2% 7% 8% NYC (N=730) LARGE (N=1,114) SMALL (N=315) No Objection Objection Unknown

Large Small

72% of 2012 Participants are Not Facing Mandatory Prison Sentences

NYC Counties Counties Total Total Article 216 Admissions 730 1,114 315 2,159 Facing Mandatory Prison B 2nd Drug 236 155 12 403 2nd Specified Property 60 115 25 200 Percent of All Admissions 41% 24% 12% 28% Not Facing Mandatory Prison Other Drug 367 503 113 983 1st Specified Property 67 341 165 573 Total Non-Mandatory 434 844 278 1,556 Percent of All Admissions 59% 76% 88% 72%

Article 216 Hearings Requested as of January 31, 2013

I t k Y Intake Year Total 2009 2010 2011 2012 New York City 18 49 26 27 122 Large Counties 26 301 199 261 787 Small Counties 7 46 54 34 141 Statewide Total 51 396 279 322 1,050

Other 8%

Drug of Choice for NYC A216 Drug Court Admissions 2012

Marijuana 36% Crack/Cocaine 23% Heroin 27% Opiates 3% Alcohol 3%

Source: OCA

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474

11,353 10 879

NYC Residential Admissions

NYC CJ Admissions to Residential Treatment are Down, but Non-CJ Admissions are Up

+199 (+3%) (-4%) 6,871 7,070 10,879

673

(-15%) 4,482 3,809 2008 2012 CJ Other

Source: OASAS

52,901

NYC Outpatient Admissions

NYC Outpatient Admissions are Down for both CJ (-25%) and Non-CJ (-11%) Clients

8,370

(-16%)

4,046

(-11%) 44,531 35,378 31,332

Source: OASAS

4,324

(-25%) 17,523 13,199 2008 2012 CJ Other

Large County Residential Admissions

5,433

Large County Residential is Up (+8%) and Up (+11%) for CJ Clients

3,481 3,704 +223 (+6%) +400 (+8%) 5,033 , 1,552 1,729 2008 2012 CJ Other

Source: OASAS

+177 (+11%) 67 682 6 9 8

Large County Outpatient Admissions

Large County Outpatient Admissions are Down (-3%) but Up (+3%) for CJ Clients

41,142 38,566

1,704

(-3%)

2,576

(-6%) 67,682 65,978 26,540 27,412 2008 2012 CJ Other

Source: OASAS

+872 (+3%)

SLIDE 11

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1 786

Small County Residential Admissions

Small County Residential Admissions are Up (+7%) for CJ and Non-CJ Clients

1,171 1,248 +114 (+7%) +77 (+7%) 1,672 1,786 501 538 2008 2012 CJ Other

Source: OASAS

+37 (+7%) 19 791

Small County Outpatient Admissions

Small County CJ Outpatient Up (+6%) and Driving an Overall Increase

92 8 414 11,480 11,377

103

(-1%) +384 (+2%) 19,407 19,791 7,927 8,414 2008 2012 CJ Other

Source: OASAS

+487 (+6%)

7,000 8,000 9,000 t

EOM Census for RESIDENTIAL Services Pre‐Post DLR (clients age 16 and older)

(pre DLR Jan‐09 to Sep‐09 and post DLR from Oct‐09 to Dec‐12)

CJ** Non‐CJ All 3,000 4,000 5,000 6,000 Number of Admissions in Treatment 1,000 2,000 Month End of Pre DLR time period and start of Post DLR time

Source: NYS OASAS CDS (Admission‐Discharge Data) Extract: May 19, 2013 **Criminal Justice (CJ) excluding DWI, jail, family court and police

45 000 50,000 55,000 60,000 t

EOM Census for OUTPATIENT Services Pre‐Post DLR (clients age 16 and older)

(pre DLR Jan‐09 to Sep‐09 and post DLR from Oct‐09 to Dec‐12)

CJ** Non‐CJ All 15,000 20,000 25,000 30,000 35,000 40,000 45,000 Number of Admissions in Treatment 5,000 10,000 , Month End of Pre DLR time period and start of Post DLR time Source: NYS OASAS CDS (Admission‐Discharge Data) Extract: May 19, 2013 **Criminal Justice (CJ) excluding DWI, jail, family court and police

SLIDE 12

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35

Median Age of Drug Court Participants in 2012, by Region

NYC Participants are Much Older

35 27 25 NYC LARGE SMALL N=730 N=1,114 N=315

Gender of Drug Court Participants in 2012, by Region

Rest of State Participants Include More Females

83% 79% 71% 17% 21% 29% NYC (N=730) LARGE (N=1,114) SMALL (N=315) Female Male 19% 13%

Race/Ethnicity of Drug Court Participants in 2012, by Region

Race/Ethnicity of Participants Varies by Region

53% 80% 29% 27% 7% 52% 17% 53% NYC (N=730) LARGE (N=1,114) SMALL (N=315) White Black Hispanic 17% 41%

Offense Type of Drug Court Participants in 2012, by Region

Offense Type Varies by Region

50% 45% 41% 60% 32% 14% 4% 36% NYC (N=730) LARGE (N=1,114) SMALL (N=315) B 2nd Drug Other Drug Specified Property

SLIDE 13

6/26/2013 12

16% 15% 9%

Program Outcomes of 2010 Admissions, by Region

Small County Programs Have the Highest Failure Rates

58% 54% 3% 6% 5% 23% 26% 40% 6% 54% 45% NYC (N=1,016) LARGE (N=1,296) SMALL (N=296) Graduated Neutral Failed Still in Program

Note: Data as of January 31, 2013

Percent Graduating Among 2010 Admissions, by Region and Offense Type

Graduation Rates for Drug Offenses are Higher than for Property Offenses

59% 49% 38% 70% 71% 61%

by Region and Offense Type

NYC LARGE SMALL Specified Property Drug 18

Median Number of Months in Program Among 2010 Admissions, by Program Outcome and Region

Failures are Spending Many Months in Program Before Termination

13 12 10 15 18 16 NYC (N=265) LARGE (N=409) SMALL (N=135) NYC (N=585) LARGE (N=697) SMALL (N=133) Non-Grad Graduate

Non-Graduates Have More Arrests During Drug Court Participation

Percent of Participants Re-arrested During Drug Court Participation, by Program Outcome

0 A t 2 Arrests 13% 3-8 Arrests 7%

Non-Graduates

1 Arrest 12% 2 Arrests 3% 3-8 Arrests 1%

Graduates

0 Arrests 49% 1 Arrest 31% 0 Arrests 84%

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6/26/2013 13

34% 2% 8% 38%

Final Disposition Category Among Graduates, by Region

64% 31% 34% 60% 57% 6% NYC LARGE SMALL

Dismissed Misdem Felony

Note: Excludes graduates whose dispositions are still pending or interim.

Graduate Dispositions Vary by Location

64% of NYC cases are dismissed, with 34%

plead to a misdemeanor. p

31% of large county cases are dismissed,

with 60% plead to a misdemeanor.

Only 6% of small county cases are dismissed
Only 6% of small county cases are dismissed.

57% plead to a misdemeanor and 38% plead to a felony.

4% 9% 3% 10% 11%

Final Case Dispostion Among Non-Graduates, by Region

65% 53% 48% 28% 29% 22% 19% NYC LARGE SMALL

Prison Jail/Split Probation Dism/Disch

Note: Excludes non-graduates whose dispositions are still pending or interim.

Dispositions of Non-Graduates Vary by Region

In NYC, 65% of those that failed to graduate

got prison, 28% got jail, and 4% got probation. g p g j g p

In large counties, 53% of those that failed to

graduate got prison, 29% got jail, and 9% got probation.

In small counties, 48% of those that failed to

graduate got prison, 22% got jail, and 19% got probation.

SLIDE 15

6/26/2013 14

Conditional Seals

Conditional sealing is still being used
infrequently. Of the 149 conditional seals
infrequently. Of the 149 conditional seals

imposed, 62 were judicial diversion cases and 87 were for other cases.

Most cases are either dismissed outright (which

provides defendants with a full seal) or pled

Note: Conditional seal data are as of March 2013.

provides defendants with a full seal) or pled down to a misdemeanor.

B Felony Drug Offenders Resentenced as of May 1, 2013

As of May 1, 2013, 746 offenders had been

resentenced resentenced.

Resentences are still being approved.
Of the 746 resentenced offenders,

– 539 were released after resentencing, – 171 were resentenced while in the community, and – 36 were not yet eligible to be released

Next Steps: July

County-specific data will be posted on the DCJS website in July for the following:

Judicial Diversion screenings and admissions
Arrests, indictments, and commitments for drug and

specified property offenses

Article 216 hearings
Conditional Seals
Resentencing

Next Steps: Later this Year

A formal evaluation report will quantify the impact of

diff t t i ti i j il b ti d different sentencing options - prison, jail, probation, and drug court - on system costs, reoffending, and victimizations.

The report will also provide information on the legal and

demographic characteristics of individuals most likely to fi f j i i i i benefit from judicial diversion.

SLIDE 16

Notes

County Categories

Information is often presented separately for New York City, Large (Operation IMPACT)

Counties and Small Counties due to significant differences between these categories.

New York City Counties include Bronx, Kings, New York, Queens and Richmond.
Large (Operation IMPACT) Counties are 17 counties outside of NYC that account for

80% of index crime reported: Albany, Broome, Chautauqua, Dutchess, Erie, Monroe, Nassau, Niagara, Oneida, Onondaga, Orange, Rensselaer, Rockland, Schenectady, Suffolk, Ulster and Westchester.

Small Counties are: Allegany, Cattaraugus, Cayuga, Chemung, Chenango, Clinton,

Columbia, Cortland, Delaware, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Montgomery, Ontario, Orleans, Oswego, Otsego, Putnam, St. Lawrence, Saratoga, Schoharie, Schuyler, Seneca, Steuben, Sullivan, Tioga, Tompkins, Warren, Washington, Wayne, Wyoming and Yates. Judicial Diversion: How DCJS Defines Cases Eligible under Article 216

Cases are considered Article 216-eligible based on their offense charge; this allows for

comparisons of similar cases before and after the drug law changes.

Counts include cases involving felony class B-E drug offenses and property offenses

specified in Article 216 of the Criminal Procedure Law.

Cases from OCA’s Universal Treatment Application (UTA) are matched to the DCJS

Computerized Criminal History File (CCH) to determine indictment/SCI offense.

Extensive validation is done at DCJS to ensure accuracy.
Cases are counted regardless of the court part.
Only cases that remain in felony court are counted as Article 216-eligible.
Eligible cases include many drug and first felony specified property offenses that do not

require a prison sentence upon conviction. OASAS Admissions to Residential and Outpatient Treatment

Charts on page 9 show the number of admissions referred from drug court, other courts,

ATI, programs, parole offices, probation departments and district attorneys’ offices.

Counts exclude clients under 16, family court referrals and DWIs, but include

misdemeanor offenders.