Michigan Joint Task Force on Jail and Pretrial Incarceration - - PDF document

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7/23/2019 Michigan Joint Task Force on Jail and Pretrial Incarceration Meeting #1 July 24, 2019 Detroit, MI General inquiries and information: JailsTaskForce@courts.mi.gov Agenda Agenda Charge to the Task Force Jail Trends from

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Michigan Joint Task Force on Jail and Pretrial Incarceration

Meeting #1 July 24, 2019 Detroit, MI General inquiries and information: JailsTaskForce@courts.mi.gov

Agenda

Charge to the Task Force
Jail Trends from National Data
Michigan County Justice Spending
Next Steps

Agenda

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Charge to the Task Force State and county leaders partnered to form the Jails Task Force.

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Agenda

“…developing ambitious, innovative, and thorough recommendations for changes in state law, policy, and appropriations to expand alternatives to jail, safely reduce jail admissions and length of stay, and improve the efficiency and effectiveness of Michigan’s justice systems.” – Executive Order No. 2019‐10

The Jails Task Force is charged with… Jail Trends From National Data

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Jail Population 377% U.S. Resident Population 51% 0% 100% 200% 300% 400% 1975 1980 1985 1990 1995 2000 2005 2010 2015 Percent Growth Since 1975

Nationally, the number of people in county jails grew fourfold in 40 years.

Percent Growth Since 1975 of United States Resident and Jail Populations, 1975 to 2017. Source: Bureau of Justice Statistics, Census of Jails and Annual Survey of Jails; U.S. Census Bureau, Population Division.

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.

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County jails in the U.S. hold a varied population.

Source: Bureau of Justice Statistics, Annual Survey of Jails. Offense and conviction based on jail population in 2017, jurisdiction on 2016.

Felony: 69% Misdemeanor/Other: 31% Convicted: 35% Unconvicted: 65% Local Jurisdiction: 85% State and Federal: 15%

Nationally, people in county jails report more serious psychological distress than those in state prisons.

4% 14% 26% 6% 21% 32% 0% 5% 10% 15% 20% 25% 30% 35% General Population Prison Population Jail Population Percent Reporting SPD Men Women

Percent of People Meeting Threshold for Recent Serious Psychological Distress (SPD) Based on Self‐Report, 2012. Source: Department of Justice and National Survey

n Drug Use and Health.

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Jail incarceration hasn’t followed crime rates in the U.S.

50 100 150 200 250 300 1000 2000 3000 4000 5000 6000 7000 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 Jail Incarceration Rate Crime Rate Jail Incarceration Total Crime Violent Crime

United States Total and Violent Crime Rates Compared to Jail Incarceration Rate (Rates per 100,000 people), 1960 to 2017. 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.

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.

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The number of people in Michigan jails nearly tripled since the 1970s.

2 4 6 8 10 12 14 16 18 20 1975 1980 1985 1990 1995 2000 2005 2010 2015 Thousands 16,600 5,700

Michigan Average Daily Jail Population, 1975 to 2016. Source: Bureau of Justice Statistics, Census of Jails and Annual Survey of Jails.

The last time crime was this low, far fewer Michiganders were in jail.

20 40 60 80 100 120 140 160 180 200 1000 2000 3000 4000 5000 6000 7000 8000 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 Jail Incarceration Rate Crime Rate Jail Incarceration Total Crime Violent Crime

Michigan Total and Violent Crime Rates Compared to Jail Incarceration Rate (Rates per 100,000 people), 1960 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.

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Women make up a growing share of the U.S. jail population.

5.6% 94.4%

1977

8,700 women 15.3% 84.7%

2017

113,700 women

United States Jail Population by Gender, 1977 and 2017. Source: Bureau of Justice Statistics, Census of Jails and Annual Survey of Jails.

In Michigan jails, men outnumber women nearly six to one.

Women Men 2 4 6 8 10 12 14 16 18 1975 1980 1985 1990 1995 2000 2005 2010 2015 Thousands 5,280 420 2,500 14,100

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

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The female population in Michigan jails grew at triple the rate of the male population.

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.

Even with recent declines, Black Americans are jailed at far higher rates than

thers across the U.S.

United States Jail Incarceration Rates by Race and Ethnicity (Rates per 100,000 people), 2005 to 2017. Source: Bureau of Justice Statistics, Annual Survey of Jails.

100 200 300 400 500 600 700 800 900 Jail Incarceration Rate Black Native American/ Alaska Native Hispanic White Asian

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Jail growth in the U.S. was driven, in part, by increased pretrial incarceration.

100 200 300 400 500 600 700 800 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012 2014 2016 Jail Population (Thousands) Convicted Unconvicted 51.5% 64.7%

Convicted and Unconvicted Jail Population in the United States, 1990 to 2017. Source: Bureau of Justice Statistics, Census of Jails and Annual Survey of Jails.

Four in ten felony defendants are detained for the full pretrial period.

51.5% 64.7%

Percentage of Felony Defendants in Large U.S. Urban Counties Detained until Adjudication vs. Released Before Adjudication (by Length of Time Detained), 2000 and

2009. Source: Bureau of Justice Statistics, Felony Defendants in Large Urban Counties.

Detained 38% Released 62%

2000

Detained 38% Released 62%

2009

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But those detained pretrial stayed longer, driving up jail bed use.

51.5% 64.7%

20 40 60 80 100 120 140 160 Weapons Robbery Motor vehicle theft Larceny/theft Fraud Forgery Drug trafficking Burglary Assault All offenses 2000 2009 days

Median Time from Arrest to Adjudication for Detained Felony Defendants in Large U.S. Urban Counties, 2000 and 2009. Source: Bureau of Justice Statistics, Felony Defendants in Large Urban Counties.

All offenses

Felony defendants released pretrial spent slightly more time in jail.

51.5% 64.7%

Detained 38% Less than 1 day 31% 1 day to 1 week 17% 1 week to 1 month 9% More than 1 month 4%

2000

Detained 38% Less than 1 day 31% 1 day to 1 week 16% 1 week to 1 month 9% More than 1 month 7%

2009

Percentage of Felony Defendants in Large U.S. Urban Counties Detained until Adjudication vs. Released Before Adjudication (by Length of Time Detained), 2000 and

2009. Source: Bureau of Justice Statistics, Felony Defendants in Large Urban Counties. Numbers may not sum to 100 due to rounding.

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Release on money bond was far less common in the U.S. 30 years ago.

51.5% 64.7%

Percent of Released Felony Defendants in Large U.S. Urban Counties with Financial and Non‐Financial Releases, 1990 to 2009. Source: Bureau of Justice Statistics, Felony Defendants in Large Urban Counties.

38% 62%

1990

61% 39%

2009

52% 48%

2000

Financial release Non‐financial release

Unlike the national trend, Michigan’s jail growth 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.

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Pretrial incarceration rates have grown most notably in rural Michigan.

20 40 60 80 100 120 1999 2005 2013 1999 2005 2013 1999 2005 2013 1999 2005 2013 Rural Small/Mid Suburban Urban Pretrial Incarceration Rate

Michigan Pretrial Incarceration Rate (Per 100,000 People) by County Type, 1999 to 2013. Source: Bureau of Justice Statistics, Census 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 counties now hold a larger share of people in jail than urban counties.

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Michigan County Justice Spending In 2017, Michigan taxpayers spent

$478 million

n county jail and corrections costs.

Source: Michigan Department of Treasury, MI Community Financial Dashboard.

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Jails account for a quarter of total justice system spending at the county level.

Corrections/Jail $478 million Law Enforcement $526 million Courts $415 million Other Judicial $368 million Other Public Safety $260 million

Total County Public Safety and Judicial Spending in Michigan, 2017. Source: Michigan Department of Treasury, MI Community Financial Dashboard.

23% 26% 20% 18% 13%

The justice system is the third largest county expenditure, behind health and public works.

$0.00 $1.00 $2.00 $3.00 Recreation and Culture Community/Economic Development Other Financing Uses Other General Government Public Safety/Judicial Public Works Health and Welfare $833 million $167 million $160 million Public Safety/Judicial $1.16 billion $2.69 billion $2.05 billion $2.22 billion $1.16 billion billion

Total Michigan County Budget Expenditures by Subcategory, 2017. Notes that public safety categories are the same as previous slide (in order: Corrections/Jail, Law Enforcement, Courts, Other Judicial, Other Public Safety). Source: Michigan Department of Treasury, MI Community Financial Dashboard.

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Next Steps The Task Force Process

Data Collection System Assessment Stakeholder Outreach Recommendations Subgroup Policy Development

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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

Presenter Contact Information:

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

Task Force Website:

https://courts.michigan.gov/News‐Events/Pages/DataDrivenJusticeSolutions.aspx

General Inquiries:

JailsTaskForce@courts.mi.gov