SENTENCING: NEW AND RENEWED APPROACHES

1. Judge Deborah Bail SENTENCING: NEW AND RENEWED APPROACHES

2. OUR GOAL: PROTECTING THE PUBLICBY CHANGING LIVES

3. STARTING POINTS • In the last decade, prison spending has increased by $22 billion. • The rate of ex-cons returning to crime within three years of release has only slightly budged from 45% to 43% • 1 in 100 American adults are behind bars • 1 in 31 adults are either incarcerated, or on probation or parole • Spending on corrections has quadrupled in the last two decades. • Only Medicaid has grown faster in state budgets. Source: Pew Center on States Recidivism Study, August, 2011

4. STARTING POINTS • In 2006, 69% of all people convicted of a felony in a state court were sentenced to incarceration • 41% to state prison • 28% to local jails • Average prison sentence = 4 yrs and 11 months • 83% of all people incarcerated are male • “Felony Sentences in State Courts, 2005—Statistical Tables, Rosenmerkel et. al., Bureau of Justice Statistics, December, 2009

5. Idaho Statistics • A prison bed costs $52.22 per day as of fiscal year 2010 • Probation or parole costs $4.00 per day • District Court criminal filings increased 14% from 2009 to 2010 • Felony Driving Under the Influence filings increased by 25% in 2010 • For the calendar year 2010, there were 11,884 criminal cases filed in District Court • Sources: Idaho Department of Correction FY 2010 annual report; Idaho Supreme Court FY 2010 annual report.

6. Idaho Statistics • In Idaho (August, 2011) • 7,555 people were incarcerated • 480 were released • 14,008 were on supervised release • 88% of those incarcerated were male • 74% of those incarcerated were white • 16% were Hispanic

7. STARTING POINTS • Felonies are crimes which are punishable by more than one year in jail. • Felonies carry the most serious collateral consequences: • Limited employment options, loss of right to bear arms, registration requirements on some cases, deportation. • 94% of all people charged with a felony plead guilty to one or more charges • The name of the offense doesn’t give you enough information.

8. SENTENCING • The sentencing process begins with plea or verdict • Pre-sentence investigations take 6-8 weeks in felony cases, often more, depending upon assessments • Assessments: domestic violence, mental health, substance abuse

9. PRESENTENCE REPORTS • Name(s), date(s) of birth, social security number(s) • Official version of the crime • Defendant’s version of the crime • Victim’s version of the crime or statement • Prior Record • Family background and contact info • Defendant’s description of childhood • Interests; activities (including gang involvement)

10. PRESENTENCE REPORTS • Education • Current and prior employment • Military record • Health (physical and mental) • Substance abuse • TCU drug screen • Income and expenses • Self evaluation • Investigator’s assessment and recommendation

11. What information is critical? • Multiple aliases • First description of offense • Third party information • Family members, investigating officers, employers, etc. • Prior record • Frequency of offenses, seriousness of offenses, gaps • Did the defendant drop out of school? Get a GED later? • Employable skills

12. Critical Information • Detail on past offenses • Substance abuse: type of drug, level of habit, age of onset • Blood Alcohol level • Attitudes and values • Existence and type of support network

13. ASSESSING OFFENDERS • Variety of assessment instruments: LSI, Gain, Sassi • Rough classes of offenders: • High risk/High needs • Low risk/low needs

14. LSI-R: The level of service inventory - Revised Risk ranking

15. ASSESSING OFFENDERS • High Risk, high needs • Background of turmoil • Leaves school early • Early drug use and heavy drug use • Lots of criminal friends and thinking patterns • Lengthy record including juvenile record • No employment • Most worrisome: antisocial personality • “I do what I want when I want.” • No empathy, impulsive, arrogant, aggressive, adventure seeking, no real desire for self control, pattern of criminal thinking

16. SENTENCING OPTIONS • Split sentence: probation and jail, withheld judgment • Jail—thinking errors; substance abuse treatment, work release, SILD • Retained jurisdiction (Rider) Cottonwood program which addresses multiple risk factors; CAPP • Prison

17. The Impact of Treatment Varies by Offender Risk Level Impact of Treatment (“Treatment Effect”) Low Risk Low/ ModerateRisk ModerateRisk High Risk

18. What Doesn‘t Work to Reduce Recidivism • Punishment, sanctions, or incarceration* • Specific deterrence, or fear-based programs, e.g., Scared Straight • Physical challenge programs • Military models of discipline and physical fitness - Boot Camps • Intensive supervision without treatment • *if high risk, works for low risk

19. PERMANENT EXIT Relapse (Skills to maintain w/o relapse) Maintenance (Doing something i.e. treatment) Pre-Contemplation (Denial) Action ENTER HERE (Ready for change) TEMPORARY EXIT Contemplation (“yes but...”) Stages of change

20. PERMANENT EXIT Relapse Maintenance Pre-Contemplation Action ENTER HERE TEMPORARY EXIT Contemplation Responses to change Avoid Demoralization Relapse Prevention Promote Self-Diagnosis Practical Strategies Increase Ambivalence

21. NEW APPROACHES • Target the population • Consider other options: • Drug Courts • Mental Health Courts • Domestic Violence Courts • Alternate option • Bridge Court

22. DRUG COURTS • Idaho has 56 drug and mental health courts • All are at capacity • In fiscal year 2010, there were 1,783 offenders in drug courts • 84% were retained or graduated • 16% failed • Proven record of reduction of recidivism • Target population: high risk, high needs

23. DRUG COURT APPROACH • Judicial supervision of an integrated team • Close coordination of providers • Frequent random testing • Treatment • multiple life areas: employability, thinking errors, living situations • Accountability

24. ADA COUNTY DRUG COURT • Option for felony possession offenses and substance abuse crimes but not crimes of violence • Screened at the preliminary hearing stage or guilty plea phase • Openings for 212. Not open to non-residents (unless self-pay); dealers • 80% graduate

25. GENERAL CHARACTERISTICS OF TARGETED COURTS • Multi-disciplinary teams under the supervision of the judge • Strong communication • Staged treatment • Structured sanctions • Screening tools generally used to assign offenders • Identified target population

26. APPLYING THE MODEL MORE BROADLY • Commitment by the Judge • Clear goals • Accountability • Smaller sanctions; more quickly imposed • Community resources utilized to reduce risk of re-offense

27. PRINCIPLES re: violations • One size does not fit all • Adjusted level of risk • Severity of violation • Nature of the condition: Treatment or Control • Extent of prior compliance • Graduated continuum of both sanctions and services • Swift, certain, and proportionate sanctions for technical violations: Administrative sanctions policy that allows flexibility by probation • Incentives for compliance: 4 rewards for every sanction

28. BOTTOM LINE • People can and do change • The system can help them want to change and make change more possible • Ultimately, change is a choice each offender must make • Finally, it’s worth trying.

29. RESOURCES • Idaho State Judiciary www.isc.idaho.gov • Pew Center on the States www.pewcenteronthestates.org • National Drug Court Institute www.ndci.org