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Department of Corrections Virginia Criminal Sentencing Commission “Prison Bound Offenders” Appropriations Act Item 387

Department of Corrections Virginia Criminal Sentencing Commission “Prison Bound Offenders” Appropriations Act Item 387 D September 8, 2008. 2008 Appropriations Act Item 387D.

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Department of Corrections Virginia Criminal Sentencing Commission “Prison Bound Offenders” Appropriations Act Item 387

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  1. Department of CorrectionsVirginia Criminal Sentencing Commission“Prison Bound Offenders”Appropriations Act Item 387 DSeptember 8, 2008

  2. 2008 Appropriations Act Item 387D • “The Dept of Corrections shall report on the potential costs and benefits of steps which would be required to divert up to 50% of prison-bound, nonviolent offenders who have scored no more than 38 points on the risk assessment instrument…..”

  3. Definition of Non-Violent Risk Offenders • Nonviolent Risk Assessment applies to Fraud, Larceny and Drug Guidelines cases exceptfor the following cases: • Recommended for Probation/No Incarceration on Section B OR • Sale, distribution or possession with intent, etc. of cocaine of a combined quantity of 28.35 grams (1 ounce) or more • Any prior violent offenses (category I/II) • Any current violent offenses (category I/II) • Offenses that require a mandatory minimum sentence Note: Only 39% of non-violent guidelines cases met NV Risk Assessment criteria in FY2007 (VCSC 2007 Annual Report).

  4. How Many DOC Offenders Fit “387D” Definition? Sentencing Guidelines Cases in FY2007 • 27,118 total guidelines cases • 18,880 (69.3%) were Non Violent Cases • 7,332 (39% of 18,880) eligible for NV Risk Assessment Incarceration Bound Cases • 12,325 of 18,880 guidelines cases were recommended for incarceration of 1 day or more DOC Prison Received Offenders in FY2007 • 4,938 NV Offenders Entered DOC • 1,035 of the 4,938 scored below 38 points and were eligible for risk assessment and recommended for an alternative sanction Note: 1,035 DOC prison received offenders fit Item 387D

  5. Profile of 1,035 NV risk offenders • Gender • Female 40.3% • Male 59.7% • Current Offense • Drug Schedule I/II 67.2% • Fraud 17.9% • Larceny 11.4% • Drug Other 3.5% • Prior History of Drug Abuse 79.7% • Prior Felony Conviction/Adj. 62.0% • Prior Adult Incarcerations 65.6% • 1 - 2 Prior Adult Incarcerations 35.7% • 3 - 4 Prior Adult Incarcerations 12.1% • 5 or more Prior Adult Incarcerations 17.8%

  6. Ideas Under Consideration • Intensify programs & services for DOC’s NV risk offenders (4,938) who need Substance Abuse treatment • Revise Detention & Diversion mission to target 1,035 and other “lower risk” offenders and enhance SA treatment services • Develop prison-based SA program to target “higher risk” NV risk offenders entering DOC – Therapeutic Incarceration • Place Day Reporting in high volume Districts and enhance Substance Abuse services • Ensure that SA treatment providers use EBP techniques • Support increased availability of substance abuse services

  7. Ideas Under Consideration • Support Drug Treatment Court Programs which target ‘prison bound’ offenders and violators • Consult on steps to increase compliance with sentencing recommendations with Judiciary Note:58% of cases with recommendations for alternative sanctions were not followed (FY2007) • Continue reviews to safely raise Incarceration Scores • Consider developing Risk Assessments for other non-violent offenses

  8. Ideas Under Consideration • Allow Judges to ‘deem’ offenders as nonviolent • Follow up SJR 77 Subcommittee Recommendations • Continue discussions with Stakeholders • Frame public policy issues around reduction of victimization and recidivism at lowest criminal justice costs

  9. State of the Commonwealth • FY 2007 Substance Abuse Services Council Report • FY 2007 Drug Screening, Assessment, and Treatment Report • 2008 JLARC Study on “Mitigating the Costs of Substance Abuse in Virginia” • 2008 Report of the SJR 77 Joint Subcommittee (Pending) • 2008 Pre-Release and Return-To-Custody Facilities – Item 387E

  10. Residential Costs • Jail / Prison Capital Cost Per Bed -$100,000 • Jail / Prison Per Diem - $60 - $62 • Treatment Services,e.g., Per Diem - $7 • Private, Non Secure Capital Cost $100/$125 SF (Est) • Private Treatment Per Diem - $70 - $107 • Support Infrastructure – 19.2% • Annual Increase – Consumer Price Index

  11. Non - Residential Costs • Probation & Parole Officer - $60,000 • (Salary/Fringe Benefits/ Non PersonalServices) • Community Supervision Per Diem - $4 • Intensive Supervision Per Diem - $7 • Day Reporting Programs - $10 plus DCE • GPS (Passive/Active) Per Diem - $5 - $12 • Voice Recognition (RoboCuff) Monthly - $6 • Support Infrastructure – 19.2 % • Annual Increase – Consumer Price Index

  12. Benefits • Public safety is not jeopardized • Incarceration reserved for most serious offenders • Services and Sanctions are more targeted • Public monies are used more effectively • Communities are less disrupted

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