Jail and Pretrial Incarceration Meeting #3 September 20, 2019 - - PowerPoint PPT Presentation

Michigan Joint Task Force on Jail and Pretrial Incarceration

Meeting #3 September 20, 2019 Grand Rapids, MI General inquiries and information: JailsTaskForce@courts.mi.gov

Far more people enter county jails than state and federal prisons in the U.S. every year.

746,000 1.49 million 10.6 million 607,000 2 4 6 8 10 12 County Jails Prisons County Jails Prisons Population Admissions Millions

Population and Annual Admissions in County Jails vs. State and Federal Prisons in the United States, 2017. Note that jail population is average daily population while prison population is an end-of-year count. Source: Bureau of Justice Statistics, Annual Survey of Jails and National Prisoner Statistics Program.

Michigan’s jail population tripled over 45 years; it was driven equally by pretrial and sentenced populations.

2 4 6 8 10 12 14 16 18 20 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 Jail Population (Thousands) Convicted Unconvicted 46.9% 48.6%

Convicted and Unconvicted Jail Population in Michigan, 1970 to 2016. Source: Bureau of Justice Statistics, Census of Jails and Annual Survey of Jails.

U.S. jail populations remain high despite recent drop in arrests.

2 4 6 8 10 12 14

2008 2010 2012 2014 2016 2008 2010 2012 2014 2016 Arrests Jail Admissions

Millions 100 200 300 400 500 600 700 800

2008 2010 2012 2014 2016 Jail Population

Thousands

United States Arrests, Jail Admissions, and Jail Population, 2008 to 2016. Sources: Bureau of Justice Statistics, Census of Jails and Annual Survey of Jails; U.S. Census Bureau, Population Division; Federal Bureau of Investigation (FBI), Uniform Crime Reporting Program.

The number of women in Michigan jails grew at triple the rate of the men.

Women 503% Men 167% 0% 100% 200% 300% 400% 500% 600% 1975 1980 1985 1990 1995 2000 2005 2010 2015 Percent Growth Since 1975

Percent Growth Since 1975 of Michigan Jail Population by Gender, 1975 to 2016. Source: Bureau of Justice Statistics, Census of Jails and Annual Survey of Jails.

Michigan Share of Jail Population by Urbanicity, 1978 and 2013. Source: Bureau of Justice Statistics, Census of Jails.

Rural 14.7%

1978

Rural 23.6% Small/Mid 31.8% Suburban 19.6% Urban 34.0%

2013

Suburban 24.3% Urban 19.4% Small/Mid 32.7% Share of jail population

Rural Michigan now holds a larger share of people in jail than urban counties.

Schedule of Meetings

• 1. Introductions and National Trends: July 24, Detroit
• 2. Research and Constitutional Landscape: August 23, Traverse City
• 3. Data and Policy, Part I: September 20, Grand Rapids
• 4. Data and Policy, Part II: October 18, Detroit

1st Round of Subgroups: November 1, Lansing 2nd Round of Subgroups: November 18, Lansing

• 5. Subgroups Report Out to Full Task Force: November 19, Lansing

3rd Round of Subgroups: December 5, Lansing 4th Round of Subgroups: December 16, Lansing

• 6. Presentation of Final Recommendations: January 9, Lansing
• 7. Post-Recommendation Meetings: TBD

• Overview of Data Sources
• Findings from Arrest Data
• Findings from Court Data
• Findings from Jail Data
• Takeaways

Agenda

Agenda

• Arrest data

– Statewide data from 2008 to 2018 provided by the Michigan State Police

• Court data

– Statewide data from 2008 to 2018 provided by the State Court Administrative Office

• Jail data

– Data from 2016 to 2018 provided by a diverse sample of 20 counties

Overview of Data Sources

Findings from Arrest Data

• Arrest data is provided by the Michigan State Police.

– Data spans the period from 2008 to 2018.

• The statewide data is compiled from the nearly 600 agencies

with arresting authority across the state.

• Arrest data includes three types of arrest events: on view

arrests, warrant arrests, and citations.

– All misdemeanors and felonies in Michigan are arrestable. – Citations may be issued in lieu of arrest only for misdemeanors or local ordinance violations punishable by 93 days in jail or less.

Context on Michigan Arrest Data

Arrest events statewide have fallen about 20 percent in the past decade.

Change in total statewide arrest events, 2008-2018. Arrest events include on view arrests, warrant arrests, and citations. Source: Statewide arrest data, 2008 to 2018, Michigan State Police.

Despite falling arrests statewide, 21 counties increased their arrest rates.

Change in arrest rate (arrest events per 100,000 county residents) by county, 2008-2018. Source: Statewide arrest data, 2008 to 2018, Michigan State Police.

Change in arrest rate

Proportionally more women experienced arrests events in 2018 than 2008.

Distribution of arrest events by gender, 2008 and 2018. Source: Statewide arrest data, 2008 to 2018, Michigan State Police.

25% 28% 75% 72% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 2008 2018 Arrest Events Female Male

+38%

The decrease in arrest events was driven by people age 25 and younger.

Change in number of arrest events by age group, 2008-2018. Source: Statewide arrest data, 2008 to 2018, Michigan State Police.

+10%

• 46%
• 17%

Arrest trends for different age groups were similar across races.

Change in number of arrest events by race and age group, 2008-2018. Source: Statewide arrest data, 2008 to 2018, Michigan State Police.

• 55%
• 30%

+41% +35%

Arrest rates decreased for all major gender/race groups except Black women.

Percent change in arrest rate (arrest events per 100,000 Michigan residents) by race and gender, 2008-2018. Source: Statewide arrest data, 2008 to 2018, Michigan State Police.

+

The decrease in arrest events was driven by alcohol-related offenses.

Top 5 offenses with largest decreases and increases in arrest events, 2008-2018. *Note: OUI category includes Driving with BAC > 0.08 and “Super Drunk Driving” (BAC > 0.17), the latter of which was added as an offense between 2008 and 2018. Source: Statewide arrest data, 2008 to 2018, Michigan State Police.

Top 5 Offenses with Fewer Arrest Events, 2008-2018 Decrease Operating Under the Influence*

• 13,588

Alcohol Violations – Minors

• 7,395

Liquor Violations (Other)

• 5,398

Miscellaneous Arrest

• 4,375

Retail Fraud Theft 3rd Degree

• 3,862

Top 5 Offenses with More Arrest Events, 2008-2018 Increase Methamphetamine – Possess +1,669 Probation Violation +1,398 Narcotic Equipment +1,396 Heroin – Possess +858 Contempt of Court +714

Arrest events were dominated by misdemeanors and court order violations.

Top 10 offenses for which arrest events occurred, 2018. *Note: OUI category includes Driving with BAC > 0.08 and “Super Drunk Driving” (BAC > 0.17), the latter of which was added as an offense between 2008 and 2018. Source: Statewide arrest data, 2008 to 2018, Michigan State Police.

Top 10 Offenses for which Arrest Events Occurred, 2018 Count Failure to Appear 29,295 Assault & Battery/Simple Assault 28,264 Operating Under the Influence of Alcohol* 21,410 Marijuana – Possess 14,419 Retail Fraud Theft 3rd Degree 9,096 Probation Violation 8,472 Contempt of Court 6,803 Obstructing Justice 5,443 Disorderly Conduct 4,036 Retail Fraud Theft 2nd Degree 3,706

The most common arrest events all declined over the past decade.

Change in number of arrest events by most common charges, 2008-2018. OUI category includes Driving with BAC > 0.08 and “Super Drunk Driving” (BAC > 0.17), the latter of which was added as an offense between 2008 and 2018. Source: Statewide arrest data, 2008 to 2018, Michigan State Police.

Citations made up 10 percent of all arrest events in 2018.

Arrest events by type, 2018. Source: Statewide arrest data, 2008 to 2018, Michigan State Police.

Citations 10% On View Arrests 44% Warrant Arrests 46%

Citations declined more quickly than on view or warrant arrests.

Change in prevalence of arrest events by type, 2008-2018. Source: Statewide arrest data, 2008 to 2018, Michigan State Police.

The top most cited common offenses were cited less than half the time.

Top common offenses leading to citation, 2018. Offenses listed include the most frequently cited offenses among the twenty most common arrest event offenses in

• 2018. Source: Statewide arrest data, 2008 to 2018, Michigan State Police.

Top Common Offenses Leading to Citation, 2018 Percent Cited Miscellaneous Arrest 50% Transport Open Container 37% Disorderly Conduct 25% Narcotic Equipment 24% Marijuana - Possess 23% Retail Fraud Theft 3rd Degree 22%

Findings from Court Data

• Court data is provided by the State Court Administrative

Office (SCAO).

– Data spans the period from 2008 to 2018. – Demographic information is from the Judicial Data Warehouse.

• The statewide data is compiled from the 162 district and

circuit courts in Michigan.*

– All cases start with an arraignment in district court, which handles misdemeanor cases to completion. – Felony cases are bound over to circuit court.

Michigan Court Data

*Four municipalities in Michigan have retained a municipal court rather than creating a district court.

Nearly 9 in 10 cases filed in district court in 2018 were misdemeanors.

Change in number of felony and misdemeanor cases filed in district court, 2008-2018. Source: Statewide court data, Michigan State Court Administrative Office.

86% 14%

The majority of cases were resolved via guilty plea, especially in circuit court.

Dispositions by type in district and circuit court, 2018. Note: Totals exclude cases that were bound over, were on inactive status, were remanded/transferred, or changed case type. Source: Statewide court data, 2008 to 2018, Michigan State Court Administrative Office.

56% 87% 44% 10% 1% 3% 0% 20% 40% 60% 80% 100% District Court Circuit Court Verdicts Dismissals Guilty Pleas

One third of defendants in criminal cases in 2018 were female.

Criminal cases filed in district court by gender, 2018. Note: Gender was unknown in three percent of cases; these cases are excluded. Source: Statewide court data, Judicial Data Warehouse, Michigan State Court Administrative Office.

Female 32% Male 68%

The median age of defendants was just over 30 and similar across genders.

Criminal cases filed in district court by age and gender, 2018. Source: Statewide court data, Judicial Data Warehouse, Michigan State Court Administrative Office.

25 or younger 28% 25 or younger 27% 26 to 35 36% 26 to 35 33% 36 to 50 26% 36 to 50 26% Older than 50, 10% Older than 50, 15% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Female Male

Findings from Jail Data

• Jail data is provided by 20 sheriffs across Michigan.

– Data spans the period from 2016 to 2018.

• The sample of data is compiled from admission and length of

stay information from 20 county jails.

• Included counties vary in terms of size, geography, and

demographics of residents.

– Total sample represents approximately 40 percent of Michigan’s total jail population.

Context on Michigan Jail Data

Agenda Jail data includes 20 counties from across the state.

Small/mid

Genesee Muskegon Washtenaw Jackson

Suburban

Macomb Oakland

Urban

Kent

Rural

Allegan Alpena Antrim Branch Gratiot Mason Mecosta Missaukee Iosco Iron Oceana Ontonagon Tuscola

The jail sample includes more than 300,000 admissions over three years.

Jail sample admissions by year, 2016-2018; Urbanicity breakdown of sample, jail admissions 2016-2018. Source: Sample of jail data, 2015 to 2018, various Michigan jails.

Year Number of Admissions in Sample 2016 111,915 2017 109,185 2018 106,946 Grand Total 328,046 Urbanicity Percent of Admissions in Sample Rural 18% Small/Mid 33% Suburban 30% Urban 19%

Jail admission rates were highest in rural and lowest in suburban counties.

Admission rate (per 100,000 people) by urbanicity, 2016-2018. Source: Sample of jail data, 2016 to 2018, various Michigan jails.

The most common age at jail admission was 26, but it varied widely.

Jail admissions by age, 2016-2018. Source: Sample of jail data, 2016 to 2018, various Michigan jails.

Like arrests, jail admissions of young people declined while admissions of

• lder people increased slightly.

Change in jail admissions by age group, 2016-2018. Source: Sample of jail data, 2016 to 2018, various Michigan jails.

+

Black men were most overrepresented in jail admissions while White women were most underrepresented.

Jail admissions and resident populations in sample counties by race and gender, 2016-2018. “Other” categories include those for whom race was not reported or accounted for less than one percent of the total. Note: In county population data, gender was unavailable and was assumed to be evenly male and female. Source: Sample of jail data, 2016 to 2018, various Michigan jails.

39% 41% 15% 41% 26% 6% 8% 6% 3% 3% 9% 3% 0% 20% 40% 60% 80% 100% Jail Admissions in Sample Counties Resident Population in Sample Counties White Men White Women Black Men Black Women Other Men Other Women

Nearly two thirds of jail admissions were for misdemeanor charges.

Jail admissions by crime type, 2016-2018. Note: Crime type was available for 75% of admissions. Source: Sample of jail data, 2016 to 2018, various Michigan jails.

36% 61% 3% 0% 20% 40% 60% 80% 100% Civil Misdemeanor Felony

Many jail admissions were for nonviolent offenses.

Percent of jail admissions by offense type, most serious charge per booking, 2016-2018. Most serious charge was determined by ranking multiple charges by crime type and offense category. Note: Offense information was available for all charges in 87% of admissions. Source: Sample of jail data, 2016 to 2018, various Michigan jails.

Top 10 Offenses, Most Serious Charge at Jail Admission Percent of Admissions Operating Under the Influence (OUI) 14% Assault 11% Driving Without Valid License 9% Probation/Parole Violation 8% Theft 8% Possession or Use of Controlled Substance 8% Obstruction of Justice 7% Other Person Offense 6% Domestic Violence 5% Delivery or Manufacture of Controlled Substance 4%

About half of assault and theft charges at jail admission were misdemeanors.

Assault and theft offenses (most serious offense per admission only) by crime class, 2016-2018. Source: Sample of jail data, 2016 to 2018, various Michigan jails.

27% 44% 28%

Assault

Felony Misdemeanor Not Available 28% 52% 21%

Theft

The most serious offense at jail admission varied by race and gender.

Percent of jail admissions by charge for race and gender groups, 2016-2018. Note: Offense information was available for all charges in 87% of admissions. Source: Sample of jail data, 2015 to 2018, various Michigan jails.

Most Serious Charge at Jail Admission Total White Men Black Men White Women Black Women Operating Under the Influence 14% 18% 9% 18% 9% Assault 11% 10% 11% 9% 13% Driving Without Valid License 9% 6% 12% 6% 15% Theft 8% 6% 7% 13% 17% Possession or Use of Controlled Substance 8% 9% 8% 10% 5%

4% 4% 8% 19% 5+ 4 3 2

One third of individuals in jail sample had 2+ admissions over three years.

Individuals by number of jail admissions, 2016 -2018. Source: Sample of jail data, 2016 to 2018, various Michigan jails.

Multiple admissions 62% People admitted once 65% People admitted 2+ times, 35% Single admissions 38% Number of admissions for people admitted 2+ times

More than half of people released from jail bonded out.

Release reasons for jail admissions, 2016-2018. Note: Release information per booking was available in 78% of admissions. Source: Sample of jail data, 2016 to 2018, various Michigan jails.

Two thirds of people admitted to jail were released within one week; nearly

• ne fifth stayed longer than one month.

Length of stay distribution for jail admissions, 2016-2018. Source: Sample of jail data, 2016 to 2018, various Michigan jails.

1 day or less 45% 2 to 7 days 22% 8 to 30 days 16% 31 to 180 days 14% More than 180 days 3%

Average length of stay was 22 days

Length of stay in jail was significantly shorter for people who bonded out.

Length of stay distribution for jail admissions by release type, 2016-2018. Note: Release information per booking was available in 78% of admissions. Source: Sample

• f jail data, 2016 to 2018, various Michigan jails.

For people who bonded out of jail, one third spent at least two days in jail.

Length of stay distribution for jail admissions bonding out, 2016-2018. Source: Sample of jail data, 2016 to 2018, various Michigan jails.

67% 15% 6% 9% 3% 0% 10% 20% 30% 40% 50% 60% 70% 80% 1 day or less 2 to 3 days 4 to 7 days 8 to 30 days 31 days or more

Length of stay for jail admissions varied by crime class.

Mean and median length of stay in days for jail admissions by crime class, 2016-2018. Note: Crime type was available for 75% of admissions. Source: Sample of jail data, 2016 to 2018, various Michigan jails.

2 1 9 22 11 45 Overall Misdemeanor Felony Mean Length of Stay Median Length of Stay days

For top five offenses, 5 to 17 percent of people stayed longer than one month.

Length of stay distribution for jail admissions by top offenses, 2016-2018. Source: Sample of jail data, 2016 to 2018, various Michigan jails.

66% 64% 83% 66% 77% 18% 20% 12% 16% 13% 16% 17% 5% 17% 10% 0% 20% 40% 60% 80% 100% Possess/Use Controlled Substance Theft Driving Without Valid License Assault Operating While Intoxicated Less than 1 week 1 week to 1 month More than 1 month

Unlike jail admissions, most of the jail population faced felony charges.

Crime class distribution for jail admissions, 2016-2018; Crime class distribution for jail population on 12/1/2018. Note: Crime type was available for 75% of

• admissions. Source: Sample of jail data, 2016 to 2018, various Michigan jails.

36% 71% 61% 27% 3% 1% 0% 20% 40% 60% 80% 100% Admissions Population Felony Misdemeanor Civil

The most common charges in the jail population were slightly more serious than the most common charges at admission.

Distribution of top 10 offenses (most serious charge on record), jail population on 12/1/2018. Source: Sample of jail data, 2016 to 2018, various Michigan jails.

Top 10 Offenses, Most Serious Charge for Individuals in Jail Percent of Population Other Person Offense 14% Assault 13% Probation/Parole Violation 10% Operating Under the Influence 8% Theft 8% Possession or Use of Controlled Substance 8% Delivery or Manufacture of Controlled Substance 6% Obstruction of Justice 6% Domestic Violence 5% Other Property Offense 4%

53 23 72 97 51 115 Overall Misdemeanor Felony Mean Length of Stay Median Length of Stay

Length of stay for jail population varied by crime class.

Mean and median length of stay in days by crime class, jail population on 12/1/2018. Note: Crime type was available for 75% of admissions. Source: Sample of jail data, 2016 to 2018, various Michigan jails.

days

Less than one fifth of admissions contributed over 80 percent of jail bed days.

Distributions of jail admissions and jail bed utilization by length of stay, 2016-2018. Source: Sample of jail data, 2016 to 2018, various Michigan jails.

Takeaways

Agenda

• Despite falling arrests, particularly among young people, tens of thousands of

people are still arrested for low-level charges like failure to appear in court, marijuana possession, and shoplifting.

• People are also going to jail in large numbers for administrative rule-breaking

like driving without a valid license and violating probation conditions.

• Officers issue fewer citations in lieu of arrest than they have in past years.

Overall, arrests far outnumber citations, even for low-level crimes.

• Short jail stays disrupt hundreds of thousands of lives, but Michigan’s high jail

populations are driven by relatively few people.

Takeaways

Thank you to the following agencies that provided data:

Acknowledgments

Kent County, Sheriff Michelle LaJoye-Young,

• Lt. Aaron Case

Macomb County, Sheriff Anthony Wickersham, Joe McBratnie Mason County, Sheriff Kim Cole Mecosta County, Sheriff Todd Purcell,

• Capt. Kevin Wood

Missaukee County, Sheriff Wilbur Yancer Muskegon County, Sheriff Michael Poulin, Ryan Foster Oakland County, Sheriff Michael Bouchard,

• Exec. Lt. Melissa McClellan, Jason Tucker

Oceana County, Sheriff Craig Mast Ontonagon County, Sheriff Dale Rantala Tuscola County, Sheriff Glen Skrent Washtenaw County, Sheriff Jerry Clayton,

• Sgt. Nicholas Burleson

State Court Administrative Office, Laura Hutzel Michigan State Police, Bob Phelps, John Hitchcock, Wendy Easterbrook Allegan County, Sheriff Frank Baker, Lt. Jim Miller Alpena County, Sheriff Steven Kieliszewski Antrim County, Sheriff Daniel Bean,

• Sgt. Todd Rawling

Branch County, Sheriff John Pollack,

• Capt. Fred Blankenship

Genesee County, Sheriff Robert Pickell,

• Capt. Jason Gould

Gratiot County, Sheriff Michael Morris Iosco County, Sheriff Allan MacGregor Iron County, Sheriff Mark Valesano, Tom Courchaine Jackson County, Sheriff Steven Rand,

• Capt. Bob Vogt

Presenter Contact Information:

Terry Schuster p: 202-540-6437 tschuster@pewtrusts.org Michelle Russell p: 202-552-2270 mrussell@pewtrusts.org

Task Force Website:

www.courts.mi.gov/micjreform

General Inquiries:

JailsTaskForce@courts.mi.gov