Justice Reinvestment in West Virginia Presentation to WV - - PDF document

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Justice Reinvestment in West Virginia Presentation to WV - - PDF document

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10/28/2014 Justice Reinvestment in West Virginia Presentation to WV Behavioral Health Planning Council October 16, 2014 Joseph D. Garcia Deputy General Counsel Office of Governor Earl Ray Tomblin Outline of Presentation 1. The Justice

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Justice Reinvestment in West Virginia

Presentation to WV Behavioral Health Planning Council

October 16, 2014 Joseph D. Garcia Deputy General Counsel Office of Governor Earl Ray Tomblin

Outline of Presentation

1. The Justice Reinvestment Process 2. Senate Bill 371 3. Expanding Community‐Based Substance Abuse Treatment and Other Important Criminal Justice Initiatives

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  • 1. The Justice Reinvestment Process

Council of State Governments Justice Center

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Phase I / II Phase I Justice Reinvestment Partners

Justice Reinvestment

a data‐driven approach to reduce corrections spending and reinvest savings in strategies that can decrease recidivism and increase public safety.

Two phases of Justice Reinvestment

Council of State Governments Justice Center

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Phase I

Analyze Data and Develop Policy Options

  • Analyze data

– crime/arrests, courts, corrections, and supervision trends

  • Solicit input from stakeholders
  • Assess behavioral health system and

treatment capacity

  • Develop policy options and estimate

impacts

  • Identify assistance needed to

implement policies effectively

  • Deploy targeted reinvestment

strategies to increase public safety

  • Track the impact of enacted

policies/programs

  • Monitor recidivism rates and other

key measures Phase 2

Implement New Policies

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Why Reform?

  • Between 2007 and 2012, the prison population in West

Virginia had grown 20%.

  • Over the next five years, an additional 1,400 individuals

would enter the system.

  • A new prison facility would cost an estimated $200 million

dollars.

  • THE DATA did not show that the number of people we

incarcerated actually made the citizens of West Virginia any safer.

Justice Reinvestment Analysis Finding: Substance Use Major Driver for West Virginia Prison Growth

Council of State Governments Justice Center

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DOC Commitments by Offense Type 2007‐2011

400 600 800 1,000 1,200 1,400 1,600 2007 2008 2009 2010 2011

Other – Up 12% Violent – Down 1% Drug – Up 11% Property – Up 11%

589 1,368 616 751

Source: WV DOC commitments dataset

Stakeholder outreach suggested that many property offenses were also related to substance use.

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Few Substance Abuse Services Provided for Individuals Supervised in the Community

Council of State Governments Justice Center

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DRC Probation Drug Court DOC Parole Funding for services $986,088 $0 $1,137,838 $872,000 $0 Capacity to provide services Unknown None 430 ALADRUE: 944 RSAT: 427 None Estimated demand for services – Total 108 1,449 263 2,431 492

Outpatient 43 580 105 973 197 Intensive Outpatient 43 580 105 973 197 Residential with step down 22 290 53 486 98

Source: D.A. Andrews & James Bonta, “ColorPlpt Profile Form for Men,” The Level of Service Inventory ‐ Revised: U.S. Norms, 2003 Steven Belenkoa & Jordon Peugh“Estimating Drug Treatment Needs Among State Prison Inmates.” Drug and Alcohol Dependence 77, no. 3 (2005): 269–281. Conversation with Alexa Eggleston and Fred Osher, November, 2012

Findings of Justice Reinvestment Working Group

  • Inconsistent revocation standards for probation

and parole;

  • Some inmates being released without ANY

supervision; and

  • A need for more community‐based substance

abuse resources.

Council of State Governments Justice Center

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  • 2. Senate Bill 371
  • Result of extensive analysis

conducted by CSG Justice Center, with leadership from bi‐partisan, inter‐ branch Work Group

  • Policy options passed by

legislature in 2013 session with bipartisan support

  • Signed into law by Governor

Tomblin on May 2, 2013

  • Most major provisions

became effective July 12, 2013

Council of State Governments Justice Center

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Goal of Senate Bill 371

  • To strengthen community-based supervision and

the use of risk assessments;

  • To ensure that no violent inmates are released

without supervision; and

  • To invest in drugs courts and other community-

based treatment for substance abuse and mental health issues.

Council of State Governments Justice Center

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Senate Bill 371

  • Justice Reinvestment policies outlined in Senate

Bill 371:

– Adopt a statewide risk/needs assessment and focus supervision resources on higher‐risk individuals – Respond to supervision violations with swift, certain, and cost‐effective sanctions – Invest in community‐based substance abuse treatment for people on supervision with substance abuse treatment needs

Council of State Governments Justice Center

11 5,869 6,715 7,418 7,146 8,893 7,943

1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Justice reinvestment policies enacted (July 2013)

Since JR implementation began, West Virginia’s prison population has declined

Source: Estimates and population figures can be found in the CSG Justice Center’s “Justice Reinvestment in West Virginia: Analyses & Policy Options to Reduce Spending on Corrections & Reinvest in Strategies to Increase Public Safety.” WVDOC provides actual prison population monthly to CSG.

Baseline Estimated Population SB 371 Estimated Population Working Group Policy Framework Estimated Population Implementation of some justice reinvestment policies began prior to the legislation’s effective date and contributed in part to an earlier decrease in the prison population than originally projected

Calendar Year‐end Population (as of April 2014)

Council of State Governments Justice Center

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1000 2000 3000 4000 5000 6000 7000 8000 Jan‐13 Feb‐13 Mar‐13 Apr‐13 May‐13 Jun‐13 Jul‐13 Aug‐13 Sep‐13 Oct‐13 Nov‐13 Dec‐13 Jan‐14 Feb‐14 Mar‐14 Apr‐14

Share of DOC‐sentenced offenders confined to regional jails has also decreased

Justice reinvestment policies enacted (July 2013)

DOC‐sentenced offenders confined to RJA Offenders confined to DOC institutions

Source: West Virginia DOC monthly prison population data to CSG (“WV Data Elements.xls”).

The population of DOC‐ sentenced offenders confined to regional jails has declined by roughly 50% since July 2013 The total DOC population in West Virginia has dropped by almost 300 inmates since July 2013

Monthly DOC Population 6,999 6,715 6,966 5,328 5,857 5,315 1,671 858 1,651

Council of State Governments Justice Center

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Reduction in Incarceration Following S.B. 371

  • Almost 5% Reduction in Total Prison

Population –10/16/14 Population: 6,793 –4/13/13 Population: 7,078

  • 1,000 Fewer People in Prison Than

Projected

  • Reduced Overcrowding at Regional Jails

by Over 800 People.

Council of State Governments Justice Center

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  • 3. Expanding Community‐Based Substance Abuse Treatment

and Other Important Criminal Justice Initiatives

SB 371 Provision Implementation Status West Virginia’s upfront reinvestment in community‐based substance abuse treatment (FY 2014 Supplemental Appropriation to DMAPS, FY 2015 Appropriation to DJCS) In progress. Phase 1 sites awarded May

  • 2014. Phase 2 roll out planned for late 2014

Treatment supervision sentencing option; Effective date Jan. 1, 2014 (§62‐15‐6a) In progress. Sentencing to substance abuse treatment resources through treatment supervision became available in 7 pilot counties as part of Reinvestment pilots, awarded May 2014 Statewide expansion of drug courts by 2016 (§62‐15‐4) In progress. Supreme Court received grant to facilitate drug court expansion and education

Council of State Governments Justice Center

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$1.2 million for first phase of reinvestment pilot sites awarded May 2014

Mercer County/southwestern Virginia: 60‐100 bed treatment facility; outpatient and intensive outpatient programs; counselors and specialists Wood County: 6‐10 bed treatment facility;

  • utpatient and intensive
  • utpatient programs;

counselors and specialists Marshall County: 6‐10 bed treatment facility;

  • utpatient and intensive
  • utpatient programs;

counselors and specialists Kanawha County: Outpatient and intensive

  • utpatient programs;

counselors and specialists Logan County: Outpatient and intensive outpatient programs; counselors and specialists Cabell County: Counselors and specialists Harrison County: Counselors and specialists

Source: “Governor Tomblin Announces $1.2 Million in Justice Reinvestment Treatment Supervision Grant Awards,” press release from Office of the Governor, May 22, 2014.

Reinvestment resources are prioritized for high risk and need individuals

Substance abuse reinvestment funding levels

FY 2014 appropriation $3 million FY 2015 appropriation $3.22 million State reinvestment set at $5 million annually FY 2016 through FY 2018

Council of State Governments Justice Center

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Implementing statewide rollout of expanded substance abuse services

  • Identify methods to address gaps in available

resources

  • Target funds according to risk/needs
  • Ensure that services are available for offenders

supervised in the community through parole, probation, drug court, DRCs, and treatment supervision

Council of State Governments Justice Center

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Coordinating Workforce Training and Assistance – Director of Housing and Employment in DOC – Workforce WV Involvement in Facilities

  • Job fairs; interview and resume preparation;
  • Bonding program ($10K) and tax credit for employers

who hire individuals with criminal conviction

– Division of Rehabilitation Services

  • “Substance abuse” is a disability
  • Federal funding to help people obtain and maintain

better jobs

Council of State Governments Justice Center

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Improving coordination of parolee management processes between the Parole Board and DOC

  • DOC and the Parole Board have requested

intensive technical assistance to support joint implementation efforts

– Review current policy, procedure, and practice – Restructure case information provided by DOC to the Parole Board – Training for Parole Board – Training for DOC staff

Council of State Governments Justice Center

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Leveraging the Affordable Care Act to maximize funds for substance abuse treatment

  • DMAPS and DHHR requested intensive

technical assistance to support collaborative efforts already underway to leverage the Affordable Care Act

– Enrollment – Data‐sharing needs and processes – Strategies to leverage Medicaid – Progress metrics

Council of State Governments Justice Center

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Continue inter‐agency, inter‐branch collaboration and coordination with other statewide initiatives

  • GACSA
  • Community Corrections

Subcommittee

  • Information Sharing

Committee

  • State Recidivism

Reduction (SRR) Planning Grant

  • Affordable Care Act roll
  • ut

Council of State Governments Justice Center

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