CHAPTER 515 JUSTICE REINVESTMENT ACT THE HEADLINES Justice Reinvestment Act heading in the right direction Hogan signs bill to overhaul Maryland criminal justice system Justice Reinvestment Act Measuring once and cutting twice ID: 695874
Download Presentation The PPT/PDF document "JUSTICE REINVESTMENT INITIATIVE" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
JUSTICEREINVESTMENTINITIATIVE
CHAPTER 515JUSTICE REINVESTMENT ACTSlide2
THE HEADLINES
Justice Reinvestment Act heading in the right directionHogan signs bill to overhaul Maryland criminal justice system
Justice Reinvestment Act: Measuring once and cutting twice
How Maryland came to repeal mandatory minimums for drug offenders
Maryland criminal justice reform: a step in the right directionSlide3
WHAT IS THE JUSTICE REINVESTMENT INITIATIVE?
Justice Reinvestment Initiative (JRI) is a data-driven approach to:Improve public safety by reducing recidivismUse criminal justice resources more effectively
Reinvest in programs, services, and treatment proven to reduce likelihood of re-offense and improve offender outcomes.Slide4
NATIONAL LANDSCAPE
2010 – US Department of Justice Bureau of Justice Assistance launches JRI with funding from Congress.
Nearly 30 States have participated in JRI
Nationally the crime rate has decreased over the past decade for both JRI and non-JRI states
20-Year Comparison
New York
(JRI)
Florida
(non-JRI)Slide5
HOW DO WE REFORM OUR CRIMINAL JUSTICE SYSTEM IN MARYLAND?
JRI
JRCCSlide6
JUSTICE REINVESTMENT COORDINATING COUNCIL
JRCC Key FindingsPrison admissions are down 19% over the last decade, driven by 43% decline in admissions from Baltimore City
Crime rates down approximately 30% in Maryland over the last decade
58% of prison admissions were sentenced for nonviolent crimes – Statewide decline in drug offenders sentenced to prison over the last decade – Possession with intent to distribute is still the #1 crime for which offenders are sentenced to prison, and possession is still in the top 10 crimes at admission – Burglary admissions have grown 14% in the last decade – Average sentence length for nonviolent offenses varies widely by court circuit
Average sentence length for newly sentenced prisoners has risen 25% over last decade, with growth across all offense types Prison Admissions
58% of prison admissions were on supervision before entering prison
Over the last decade, probation revocations were down significantly in Baltimore City but up in the rest of the state, including most other large counties. Most revocations are for technical violations (i.e., for reasons other than new crimes) – Average sentence length for revoked probationers rose 29% in the last decade, across all offense types and most large jurisdictionsSlide7
JRCC FINDINGS
Source: The Pew Charitable TrustsSlide8
JRCC FINDINGS
Source: The Pew Charitable TrustsSlide9
JRCC FINDINGS
Source: The Pew Charitable TrustsSlide10
JRCC REPORT1. Revise drug possession penalties to maximize recidivism reduction
2. Require prompt placement in residential drug treatment beds3. Eliminate disparity between crack and powder cocaine penalties4. Raise the felony theft threshold and concentrate longer prison terms on higher-level theft offenders
5. Expand in-prison good behavior and program incentive credits
6. Retroactive application of the mandatory minimum safety valve
7. Expand alternatives to incarceration in the sentencing guidelines and include suspended sentences in calculating guideline compliance
8. Identify best practices in alternative dispute resolutions
9. Use a validated risk and needs assessment tool to determine supervision levels
10. Use swift, certain, and proportional sanctions for violations of probation and parole
11. Establish evidence-based standards for supervision practices
12. Strengthen the earned compliance credits program
13. Streamline parole and focus parole hearings on serious, violent offenders and on non-compliant nonviolent offenders
14. Expand eligibility for geriatric parole
15. Expand the use of medical parole
16. Establish a certificate of completion for offenders who successfully complete supervision
17. Make certain first-time, minor traffic offenses non-jailable
18. Establish a performance-incentive county grant program
19. Establish an oversight council and track performance
The Justice Reinvestment Coordinating Council made 19 recommendations that were submitted to Governor Hogan and the Maryland General Assembly. Slide11
MARYLAND AND THE JUSTICE REINVESTMENT INITIATIVE
In furtherance of the nationwide Justice Reinvestment Initiative, Maryland passed the Justice Reinvestment Act (JRA) Chapter 515 of 2016. The Justice Reinvestment Act represents the most comprehensive criminal justice reform to pass in a generation. Major Provisions of the JRA
Focuses
prison beds on serious, repeat offenders
Emphasizes treatment for those struggling with addiction
Elevates the voices of victims of crime
Strengthens community supervision
Expands opportunity for ex-offenders
Establishes oversight mechanisms to ensure reforms are followed
The provisions of the Act involving crimes, corrections, and the courts are effective October 1, 2017.Slide12
JRA
Diversion Deflection
Rehabilitation
Restorative Justice
Re-EntrySlide13
REINVESTMENT PRIORITIES AND KEY PARTNERSTreatment
A performance incentive grant programRestitution collection for victims of crimeRe-entry
Beds for medical parolees
Training for criminal justice decision makersSlide14
JRA IN ACTION
JRA – Boards and Local Commission
(1) Justice Reinvestment Oversight
Board
25-member board
includes two members representing local correctional facilities
Performance
Incentive Grant Fund
(
2) Advisory Board to the Justice Reinvestment Oversight
Board
12-member
board
Created for the purpose of including stakeholders in the criminal justice system in the analysis of the implementation of justice reinvestment initiatives
Provides advice to the Oversight Board
(
3)
Local Government Justice Reinvestment
Commission
24-member board consisting of one individual from each county
(A) advises the
Oversight Board
on
various matters;
(B) make
recommendations regarding
grants to local
governments;
and (C) create performance measures to assess the effectiveness of the grantsSlide15
JRA IN ACTIONSlide16
JRA IN ACTIONSlide17
JRA IN ACTIONSlide18
JRA IN ACTION
The Governor's Office of Crime Control is working to develop a comprehensive list of performance measures which will be used to measure the impact of various JRA reforms and policies.
Measures will be requested from the following agencies:
Department of Public Safety & Correctional Services
Administrative Office of the Courts
Department of Health & Mental Hygiene
Maryland State Commission on Criminal
Sentencing Policy
Department of Budget and Management
Local detention centers
Various data sets will be requested to capture the various JRA performance measures , including but not limited to:
Department of Corrections snapshots including
intakes and releases
Parole and probation snapshots
Parole releases
Recidivism data
Criminal Justice Information System (CJIS) extracts
Restitution requests, payments, and collections
8-505 hearings and 8-507 placements
Local detention center snapshots including intakes, releases, and pretrial inmatesSlide19
JRA LOOKING AHEAD
Victims
Coordinate with various agencies to study the current restitution process to determine how to better collect restitution
5% of the grants provided through the Performance Incentive Grant Fund go to victims’ programs
All inmates ordered to pay restitution to the victim will have 25 percent withheld of any inmate earnings for restitutionSlide20
JRA LOOKING AHEAD
Public Safety
Eliminates mandatory minimum sentences for controlled dangerous substance felonies;
MAINTAINS
mandatory minimums for violent offenders, volume dealers, drug kingpins, and firearms-related offenses
Maximum sentence for second degree murder
increased
from 30 to 40 years
Maximum sentence for child abuse that results in death increased to life sentence
Lowers age for geriatric parole eligibility from 65 years old to 60 after individual has served 15 years; makes previously eligible sex offenders ineligible
Incentivizes evidence-based programming by expanding in-prison good time behavior and program creditsSlide21
JRA LOOKING AHEAD
Pre Release / Post Release
Develop a case plan to guide an inmate’s rehabilitation while under the custody of the Division.
An individual may file a petition of
expungement
of their record if the person is convicted of certain misdemeanor offenses and it has been 10 years since the individual has satisfied the sentence
Expanding eligibility for certain earned compliance credits
Revocation caps for technical violations (i.e., violations not involving new
crimes,
stay away orders, or absconding
)
of parole and probation: 1
st
offense – up to 15 days; 2
nd
– up to 30 days; 3
rd
– up to 45 days; 4
th
and subsequent
– discretion
up to the remainder of the
sentence.
Public safety exception allows discretion to impose a longer period
Creates certificate of completion for first time, nonviolent, non-sex offenders who successfully complete supervision
Promote the State’s policy of encouraging employment of workers with a criminal record by removing barriers for applicants seeking to demonstrate fitness for occupational licenses.Slide22
JRA LOOKING AHEADSlide23
JRA – PERFORMANCE INCENTIVE GRANT FUND
Annually the JRI Oversight Board determines savings based on reduction in prison population from the prior year.
If a State prison or part of a State prison closes, the Oversight Board must determine the savings from the closure.
Division of savings
50% to Performance Incentive Grant Fund
50% to additional services as identified in JRCC Report
JRI Oversight Board administers the Performance Incentive Grant Fund, with the Executive Director of the Governor
’
s Office of Crime Control and Prevention being the final arbiter on awards.
At least 5% of a grant to a county must go toward protecting and enhancing victims
’
rights.
Slide24
JRA IMPACT AND SAVINGS
Source: Pew Charitable Trusts
10-Year Savings -
$80.5 million in savings/averted costs, and $45 million in realized savings
Slide25
JRA REPORTSThe following reports are available on the Governor’s Office of Crime Control & Prevention’s website:
Final Report of the Collateral Consequences Workgroup - Dec. 1, 2016Report on Organized Retail Theft – December 1, 2016Report on Restitution Study – December 1, 2016Budgetary Requirements on Location Detention Centers – December 31, 2016Substance Use and Mental Health Disorder Gaps and Needs Analysis – December 31, 2016
Justice
Reinvestment Oversight Board Initial Report – January 1, 2017Slide26
Questions?