Criminal Justice Reform and Reinvestment In Georgia · Criminal Justice Reform and Reinvestment In...
20
Criminal Justice Reform and Reinvestment In Georgia © 2011 – 2015 Hon. Michael P. Boggs Co-Chair Georgia Council on Criminal Justice Reform
Transcript of Criminal Justice Reform and Reinvestment In Georgia · Criminal Justice Reform and Reinvestment In...
Criminal Justice Reform and Reinvestment
In Georgia ©
2011 – 2015
Hon. Michael P. Boggs
Co-Chair
Georgia Council on Criminal Justice Reform
Background
2
Report of the Special Council on Criminal
Justice Reform for Georgians – 2011
If we did nothing…
• Projected Prison Growth of 8% by 2016
• 57K to almost 60K
• Additional $264 million to expand capacity
Other Drivers…
• In 2010, more than 5,000 low-risk drug and property
offenders were sentenced to the Department of
Corrections, accounting for 25% of all admissions
• Pew’s 1 in 30 Report—Georgia ranked last with 1 in 13Source: Report of the Special Council on Criminal Justice Reform for Georgians – November 2011
Year 1 - 2012
Adult Sentencing Reform
Year 2 - 2013
Juvenile Justice Reform/Code Rewrite
Year 3 - 2014
Offender Reentry
Year 4 - 2015
Misdemeanor Probation Reform
Criminal Justice Reform
3
Substantial Policy Initiatives Requiring
Legislation
Changed the felony threshold for burglary, theft and forgery from $500 to
$1,500
Moved to weight-based drug sentencing
Mandated the electronic submission of sentence from clerk of court to
Department of Corrections
Establishment of mandatory minimum “safety valves”
Drug trafficking if certain specific provisions are met
“Truth in pleading”
Certificates of program and treatment completion
Presumption of due care in hiring, retaining, licensing, leasing to or
admitting to a school program
Conditional drivers’ licenses for accountability court participants
Expanded parole eligibility for non-violent drug recidivists
Creation of administrative probation
Criminal Justice Reform
4
Substantial Policy Initiatives Requiring
Executive/Administrative Action
Capping length of stay in Probation Detention Centers at 180 days
Enabled the conversion of underutilized PDCs to Residential Substance Abuse
Treatment beds
Automation of Pre-Sentence Assessments
Pre-Release Center Conversions
Day Reporting Center Lite Pilot Program
Creative solution for rural areas
Probation Options Management (POM)
Matching the appropriate supervision level to the offender
Appropriations—to date, over $65 million in new state appropriations
$20 million++ per year for expanding and strengthening accountability courts
Combination of $5 million (state) and $1 million (federal) per year for local
juvenile justice incentive grants
$10 million per year for education (technical and GED) in Department of
Corrections
$3 million per year for reentry services at Department of Community Supervision
Criminal Justice Reform
5
52,837
54,389
54,895
54,273
53,637
52,998
51,547
52,131
51,848
52,277
51,822
49,000
50,000
51,000
52,000
53,000
54,000
55,000
56,000
Pri
so
n P
op
ula
tio
n
HB 1176
HB 349
HB 1176 - Weight Based
Drug Sentencing
Phase I - July 2013Phase II – July 2014
Georgia Prison Population 2012-2015
SB 365
Source: Georgia Department of Corrections
7
Total Jail Population
SB 365
HB 1176
38,742
HB 349
36,259
37,004
Source: GA Dept. of Community Affairs Monthly Jail Report
17,600
17,837
17,589
19,001
19,49519,363
20,90320,882
20,956
21,65521,410
20,547
19,076
18,30518,747
18,139
15,000
16,000
17,000
18,000
19,000
20,000
21,000
22,000
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
Co
mm
itm
en
ts
Annual Commitments to Georgia Prison2000-2015
2015 saw the lowest number of overall
commitments since 2002
Commitments
High Point
HB 349
SB 365
Georgia Prison Commitments
Source: Georgia Department of Corrections
HB 1176
17.4%
25.3%
31.8%
37.8%
32.4%
40.3%
30.4%
31.5%
29.5%
30.5%
28.8% 28.8%
26.4%
15.00%
20.00%
25.00%
30.00%
35.00%
40.00%1
97
2
197
4
197
6
197
8
198
0
198
2
198
4
198
6
198
8
199
0
199
2
199
4
199
6
199
8
200
0
200
2
200
4
200
6
200
8
201
0
201
2
Recd
ivis
m R
ate
Recidivism Rates Since 1972
Source: Georgia Department of Corrections
Three-year felony reconviction rates
of prisoners released 1972 - 2012
2,492
348
5,315
738
0
1,000
2,000
3,000
4,000
5,000
6,000
20-M
ar-
09
20-J
ul-
09
20-N
ov-0
9
20-M
ar-
10
20-J
ul-
10
20-N
ov-1
0
20-M
ar-
11
20-J
ul-
11
20-N
ov-1
1
20-M
ar-
12
20-J
ul-
12
20-N
ov-1
2
20-M
ar-
13
20-J
ul-
13
20-N
ov-1
3
20-M
ar-
14
20-J
ul-
14
20-N
ov-1
4
20-M
ar-
15
20-J
ul-
15
20-N
ov-1
5
Jail
Backlo
g
HB 1176
July 2012 - E-Portal
Becomes Law
Jan 2013 – All Clerks begin
using E-Portal
Awaiting Pickup = Any state sentenced inmate serving jail time (Sherriff’s Count)
Jail Backlog = Court orders received and certified by GDC (GDC Count)
Jail Backlog/Awaiting Pickup
Source: Georgia Department of Corrections
$22,512,689
$25,162,434 $25,008,566
$7,448,914
$40,720 $5,760 $0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
2010 2011 2012 2013 2014 2015
Jail
Su
bsid
y
HB 1176
July 2012 - E-Portal
Becomes Law
Jan 2013 – All Clerks
begin using E-Portal
FY 2009-2015 Jail Subsidy
Source: Georgia Department of Corrections
0
100
200
300
400
500
600
700
800
Jan
-12
Ma
r-12
Ma
y-1
2
Ju
l-12
Sep
-12
No
v-1
2
Jan
-13
Ma
r-13
Ma
y-1
3
Ju
l-13
Sep
-13
No
v-1
3
Jan
-14
Ma
r-14
Ma
y-1
4
Ju
l-14
Sep
-14
No
v-1
4
Jan
-15
Ma
r-15
Ma
y-1
5
Ju
l-15
Sep
-15
No
v-1
5
Jan
-16
Aw
ait
ing
En
tran
ce t
o P
DC
Male
Female
Total
HB 1176 capped PDC Length of Stay at 180 days
Length of Stay Cap Effect on PDC Backlog
Source: Georgia Department of Corrections
July 2012
HB 1176 Effective
June 2013
Male PDC flipped
To Female PDC
By statute
the counties receive
no jail subsidy for
these cases.
July 2015
Male & Female PDC
flipped to RSATs
HB 1176
57% 57% 58% 60% 60%62%
60% 59% 60% 61%63%
64% 63%65%
67%67%
43% 43% 42%41% 40%
38%40% 41% 40% 40%
37%36% 37%
35%
33% 33%
20%
30%
40%
50%
60%
70%
199
9-1
2
200
0-1
2
200
1-1
2
200
2-1
2
200
3-1
2
200
4-1
2
200
5-1
2
200
6-1
2
200
7-1
2
200
8-1
2
200
9-1
2
201
0-1
2
201
1-1
2
201
2-1
2
201
3-1
2
201
4-1
2
Perc
en
tag
e o
f P
riso
n P
op
ula
tio
n
Year-Month
Population Percentage - 2000 - 2015by Violent / Non-Violent
Violent
Non-Violent
Violent vs. Non-Violent Prison Trends
Source: Georgia Department of Corrections
5 % Growth since 1999 4%
Juvenile Justice Fiscal Incentive Grant
Year Two Evaluation Report July 2014 – June 2015
2603
989
0
500
1000
1500
2000
2500
3000
Baseline – Total Out-of-Home Placements
Total Out-of-Home Placements
In FY 2014, there was a 62% reduction in out-of-home
placements from the baseline.
2664
1227
0
500
1000
1500
2000
2500
3000
Baseline – Total Out-of-Home Placements
Total Out-of-Home Placements
In FY 2015, there was a 54%reduction in out-of-home
placements from the baseline.
Juvenile Justice
2016 Recommendations
Restoring the Intent of the 1st Offender Act
– Discharge by operation of law.
– No Administrative GCIC Dispositions.
– Front-end sealing of FOA records.
– Retroactivity.
– Possession of Alcohol by a Minor (35-3-35).
– Those charged with human trafficking and abuse of the elderly or disable ineligible for FOA plea.
2016 Recommendations
Secure Juvenile Detention: Youths 13 and Under
– 2011: 3
– 2012: 19
– 2013: 75 54% charged with a felony– 2014: 225 46% charged with a misdemeanors,
– 2015: 450 technical and status charges.
Recommended restricting secure detention for all youth ages 13 and under, except for SB440 and Serious Felonies.
2016 Recommendations
School Disciplinary Procedures
– Amend statute dealing with disruption of or interference with the operation of public schools to require a plan of “progressive discipline.
– Provide for increased training for school disciplinary hearing officers.
– Mandate the use of a MOU in systems employing the use of School Resource Officers.
2016 Recommendations
Misdemeanor Probation Supervision– Require affidavit before issuing arrest warrant in
failure-to-report cases.
– Prohibit pre-hearing arrest for failure-to-pay cases.
– Automatic termination in pay-only cases.
– Remove Judges and Prosecutors from contracting for probation supervision services and in pre-trial intervention cases.
– Adult: Extending Parole Eligibility to Non-Violent Recidivist Drug Offenders; Drivers Licenses; Ban Box on Professional Licensing.
Looking Ahead• Examining the cost and public safety returns realized by
the imposition of mandatory/non-parole eligible
recidivist sentencing and whether fiscal, moral, and
public safety benefits can be realized by restoring
sentencing discretion to our states trial court judges;
• Examination of Georgia’s adult felony and
misdemeanor probation systems to determine what, if
any, efficiencies may be gained through additional
reforms of models, practices and probation terms;
– 471,067 Probation Population/6,161 per 100,000 residents;
– National Average – 1,560 per 100,000
– Civil Infractions within Title 40, Indigency, Bail Reform, Fines and
Fees.
– Average Probation Length for Non-Violent probationer is 9.95
years/11.88 for Violent offender
