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Public Safety Improvement Acts Adults Department of Social Services Department of Corrections Unified Judicial System Juveniles Department of Social Services Department of Corrections Unified Judicial System Joint Committee on


  1. Public Safety Improvement Acts Adults Department of Social Services Department of Corrections Unified Judicial System Juveniles Department of Social Services Department of Corrections Unified Judicial System Joint Committee on Appropriations January 23, 2017 1

  2. The prison population is below the 2012 projection without the PSIA. 4522 4500 4000 3820 3735 3641 3469 3500 Actual Prison Population 2012 Projected 3000 Performance Goal 2012 Projected Without Changes 2560 2500 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2

  3. Taxpayers have avoided paying $47,559,104 in costs since FY 14. Costs Avoided- Capital Expenses (Women's Prison) , $36,000,000 Ongoing, Ongoing, $6,230,773 Ongoing, $3,953,047 $1,375,284 FY 14 FY 15 FY 16 3

  4. The on-going costs in FY 16 were $5,497,090 and the one-time costs were $2,468,130. On-going , $5,497,090 On-going , $4,606,352 On-going , $3,073,097 One-time , $1,468,130 One-time , One-time , $712,255 $273,150 FY 14 FY 15 FY 16 4

  5. While the net savings was negative for FY 14 and FY 16, taxpayers have still saved over $30 million due to the passage of the PSIA. $34,634,440 -$1,970,963 -$734,447 FY 14 FY 15 FY 16 5

  6. Adult Public Safety Improvement Act Department of Social Services 6

  7. Cognitive Behavioral Interventions for Substance Abuse (CBISA) • Cognitive behavioral approach to teach participants skills and strategies for avoiding substance abuse. It emphasis on skill- building activities to assist with cognitive, social, emotional, and coping skills development, and assists participants in identifying risky situations and learning skills to deal with those situations as they arise. • The number of clients served in CBISA services has grown every year since FY 14. FY 14 FY 15 FY 16 CBISA and Aftercare Services 108 901 1394 CBISA Telehealth Services N/A 20 31

  8. Moral Reconation Therapy (MRT) • Cognitive-behavioral counseling program that combines education, group and individual counseling, and structured exercises designed to assist participants in addressing negative thought and behavior patterns. • The number of individuals served through MRT has increased since FY 15. FY 14 FY 15 FY 16 MRT 103 332 704

  9. Budget Overview Service FY 17 Budget Criminal Justice Initiative $3,128,013 FY18 Budget Request General Funds Federal Funds Other Funds Total $593,250 $0 $0 $593,250 Expansion $5,933 $0 $0 $5,933 Inflation Additional funding needed due to increase in referrals from UJS and DOC

  10. Key Takeaways • 53% of CBISA clients successfully completed treatment (national average is 43%) • 1,425 CBISA and 704 MRT clients served in FY16 • 6 month post CBISA treatment follow up data elements are positive (arrests, employment, motivation, and ability to control substance use)

  11. Adult Public Safety Improvement Act Department of Corrections Update 11

  12. The end of the year standing parole Thirty percent of the parole population is below the pre-PSIA population is at an indirect or numbers. minimum level of supervision. 2,910 2,671 2,630 2,627 Indirect 18% Supervision 6/30/2013 6/30/2014 6/30/2015 6/30/2016 Minimum Risk 12% Level The average agent caseload has decreased sixteen percent since 2013. The decrease has allowed parole agents to strengthen Medium Risk 36% Level community supervision by spending more time with higher risk parolees. 67 Maximum Risk 60 24% Level 57 56 Intensive Risk 11% Level 6/30/2015 6/30/2016 6/30/2013 6/30/2014 12

  13. Tribal Parole Pilot started in May 2014 with Sisseton-Wahpeton Oyate • State funds Tribal Parole Agent • Local Wellness Team provides case management, local resources • and support. Since program start through November, 2016, 98 individuals have • been involved. Before pilot, parole success rate was 43%. In first two years of • program (FY 15 and 16) the success rate was 72%. Prior to the program, 15-20% of SWO parolees absconded. In the • first year of the program, 3% absconded and 12% absconded in the second year. In FY 16, 70% of the Tribal Parole Program participants had no • violations of their supervision conditions, compared to 61% of the overall state population. 13

  14. Releases from Parole Release Year (FY): Discharged from Parole Returned to Prison for Revocation 2011 52% 48% 2012 37% 63% 2013 45% 55% 2014 58% 42% 2015 63% 37% 2016 58% 42% 14

  15. Recidivism rates are down without a significant increase in new prison sentences for parolees and former inmates. Release Number of 12 month Number of Returns Number of Number of Year Releases Recidivis as Technical Violators Returns for Returns with (CY): from Prison: m Rate: or with a New Technical New Conviction: Violation: Conviction: 2010 1,934 25.9% 501 361 140 2011 1,815 26.1% 473 377 96 2012 1,912 26.4% 505 441 75 2013 1,715 21.3% 365 288 87 2014 1,812 20.4% 369 281 88 15

  16. CBISA and MRT completers have a lower recidivism rate. DOC Overall, 20.4% MRT, 14.0% CBISA, 9.0% 16 1 year post treatment/1 year post release

  17. Reinvestment Fund $1,000,000 was appropriated for Reinvestment Fund • payments which was paid to the counties over three years • Over the three years of Reinvestment Fund payments, 49 counties received payments. The following are the top ten counties receiving payments: Roberts: $ 39,673 Pennington: $252,000 • Stanley: $ 36,636 Yankton: $148,264 • Custer: $ 28,236 Lincoln: $ 75,403 • Brookings: $ 28,000 Bennett:$ 45,147 • Lake: $ 26,755 Meade:$ 44,490 • 17

  18. Adult Public Safety Improvement Act Unified Judicial System 18

  19. Felony Probation Supervision in the community increased 20 percent since FY 2013. More of South Dakota’s local nonviolent residents were held accountable in their own communities through increased use of drug and DUI courts, HOPE probation, and evidence-based supervision. 5,977 6,032 5,474 5,011 4,325 3,682 3,326 3,241 06/30/2009 06/30/2010 06/30/2011 06/30/2012 06/30/2013 06/30/2014 06/30/2015 06/30/2016 19

  20. Presumptive Probation Class 5 and Class 6 Class 5 & 6 Sentences Sentences Statewide Statewide FY 15 FY 14 74% of presumptive probationers from FY 14 have successfully completed supervision. Directly Pen 17% Directly Pen 29% Probation 71% 83% Probation 20

  21. Earned Discharge Credits Almost three-fourths of eligible 5,756 years of unnecessary supervision probationers earned discharge have been discharged since FY 14 through credits through compliant earned discharge credits. supervision. Only six months were measured in FY 14. Combined, these individuals earned discharge credits totaling 809,250 days in FY 16. 2,234 2,213 Not 1,309 Earning 29% Earning 71% FY 14 FY 15 FY 16 21

  22. HOPE Probation FY 16 99 26 12 7 Probationers Successful Failed, Sent to Absconded Prison 22

  23. Juvenile Justice Public Safety Improvement Act 23

  24. Findings – Commitment • 7 of 10 commitments were for misdemeanor offenses, children in need of supervision (CHINS) violations and probation violations. – A quarter of the commitments to DOC are probation violators. Youth Committed to the DOC, 2013 NA CHINS 1% VOP DNA 5% Required 5% Felony VOP DNA NOT 24% Required 22% Misdemeanor 43% 24

  25. Findings - Commitment Average Time Spent Out-of-Home During Commitment 18 16 15.3 14 12.0 12 Months 10 8 6 4 2 0 2007 2008 2009 2010 2011 2012 2013 25

  26. Work Group: Findings - Probation • New admissions to probation had decreased 24 percent in the last 10 years. • Despite a decline in the share of probationers placed on higher supervision levels, the length of time spent on probation had increased from 6.3 months to 8.4 month since 2005. • Probation lengths vary greatly across circuits, ranging from around 5 months in the Third and Seventh Circuits to close to 11 months in the Fourth Circuit. 26

  27. Work Group: Findings - Research • For most youth residential placement does not produce better outcomes than supervision in the community. – Nor do longer lengths of stay in residential settings. • Appropriately matching supervision and treatment to a youth’s risk level and needs results in a lower likelihood of future delinquent or criminal behavior. • Diversion has been found to be more effective in reducing recidivism than conventional judicial interventions . 27

  28. Juvenile Justice Public Safety Improvement Act Department of Social Services 28

  29. Functional Family Therapy • Intensive treatment program that works with the entire family unit to targets problem behaviors including substance use, family problems, and acting out. • Generally 4-6 months in length. • Extensive training for providers over a two year period to become certified FFT sites

  30. FY17 FFT FY16 FFT Referrals Referrals (through 11/30/16)

  31. Budget Overview Service FY17 Budget Juvenile Justice Reinvestment Initiative $6,232,064 FY17 General Bill Amendment: General Federal Other Funds Total ($3,056,000) $0 $0 ($3,056,000) General Bill Amendment • Continuing implementation - getting teams up to their full capacity • Reduction of $3,056,000

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