First Analysis of Prosecutor Data (PA 19-59) Report to the Criminal - PowerPoint PPT Presentation

First Analysis of Prosecutor Data (PA 19-59) Report to the Criminal Justice Commission Marc Pelka, Undersecretary of Criminal Justice Policy and Planning Kyle Baudoin, Policy Development Coordinator July 14, 2020

Today’s program includes three presentations Office of Policy and Management Criminal Justice Policy and Planning Division 1 Marc Pelka, Undersecretary of Criminal Justice Policy and Planning Kyle Baudoin, Policy Development Coordinator Division of Criminal Justice and State’s Attorney 2 Richard Colangelo, Jr., Chief State’s Attorney The Urban Institute 3 Robin Olsen, Senior Research Associate Leigh Courtney, Policy Associate |2

Presentation Overview Introduction and overview of Public Act 19-59 Front-end impacts on prosecutor operations. First analysis of prosecutorial caseflow and operations |3

In August 2019, Connecticut became the first state to require the routine collection, analysis, and reporting of prosecutor data. On August 7, 2020, following unanimous passage in the house and senate, Governor Lamont signed the bill (PA 19-59) into law. State legislators, prosecutors and criminal justice reform advocates participated in the bill signing. Connecticut received national attention as federal, state, and county governments pursued greater prosecutorial data and transparency. “These new requirements will be an important step toward increasing the confidence that communities have in the criminal justice system by helping to ensure that justice is attained in the fairest ways possible.” – Governor Lamont |4 Source: https://www.wnpr.org/post/new-connecticut-law-leads-criminal-justice-transparency

Rich Colangelo has emphasized the need for improved use of data and IT in prosecutorial operations. “The case management system will greatly modernize and strengthen Connecticut’s local and state public-safety network and provide the essential data we need to explore crucial criminal justice issues throughout the state. The data can help create new laws and policies and transform the way offenders are punished or rehabilitated so that we in the criminal justice system can advance equity and improve safety and health across our communities.”​ Rich Colangelo, Jr. Chief State’s Attorney |5

PA 19-59 creates a platform and process for using data to paint a picture of prosecutorial caseflow and operations. To prepare for the first PA 19-59 presentation, OPM staff: Phase 1 • Analyzed a data set from the Judicial Branch containing 300,074 individual case records; • Met with prosecutors and other criminal justice system stakeholders to develop July 2020 scope, methodology, and priority questions to analyze; and Presentation • Delivered an initial presentation in November at DCJ to state’s attorneys, state legislators, and criminal justice reform advocates to receive input and questions . Beginning with the July 2021 presentation, OPM’s presentation to include a wider array of data analysis, including: Phase 2 (1) Arrests (8) Plea agreements (2) Arraignments (9) Cases going to trial July 2021— (3) Continuances (10) Demographics, including data on race, sex, ethnicity and age (4) Diversionary programs (11) Court fees or fines (5) Contact between victims and prosecutorial officials (12) Restitution (6) Dispositions (13) The zip code of the defendant's primary residence. |6 (7) Nonjudicial sanctions

Greater recognition of prosecutors’ gatekeeper role has galvanized interest across the country in prosecutorial operations. Seven critical prosecutorial decision points impacting a case Handling of Case Charges Diversion Processing Sentencing Bail Discovery Pleas Other actors impact the Participation of Charges selected by Negotiation with Judicial disposition defendant or victim in police and sent to the public defender or disposition of of the case the case clerk of court defense attorney the case |7 Source: https://www.vera.org/unlocking-the-black-box-of-prosecution/for-community-members

Improving data-led operations in prosecutors’ offices can help achieve several outcomes. Policy and budget development. Statewide administration of prosecutorial operations. Communication to media and the public. Performance metrics, statewide and in each court. Use of case-level information by line prosecutors. |8

The Early Screening and Intervention program is a good example of data collection and outcome tracking. Case-level data are Using this data, the report tracked for ESI indicated that ESI participants, including: participants had: • Defendant demographics • 350% fewer appearances before a judge; • Criminal charges and history • 94% more diversions into community-based services; • Needs (e.g. behavioral health, 450% more diversion for o homelessness) people with behavioral health or homelessness • Number of continuances needs; • More than twice as many cases • Diversion outcome (e.g. nolle, resulting in a dismissal; and dismissal, plea) • Cost avoidance. ESI’s case-level data collection makes further analysis possible: program outcome by risk level, relative correlation of need factors with recidivism, and longitudinal tracking of recidivism. |9 Source: https://portal.ct.gov/-/media/DCJ/PA-17-205-DCJ-Final-Report.pdf?la=en

OPM’s data partnership with the DOC leads to routine and ad hoc reports analyzing case flows through corrections. May 1, 2020 Monthly Criminal Arrests 2,734 (5,041) The Monthly Indicators Report depicts case flow THE COURTS Prison admissions 355 (1,026) Arraignments 671 (1,749) 14 (54) 41 (112) 0 (119) 300 (741) Federal /Other* No return from court through the DOC compared to previous periods, painting a 111 (117 ) Sentenced Pre-trial Probation 38 (290) Prisoners* Population* Violations Special Parolees* 7,961 (8,595) 2,583 (2,793) Release to Bond 319 (349 ) 294 (330) 274 (1,079) Prison Population*: 10,974 (11,854) DOC FACILITIES Pre-trial releases high-level picture of changes across the criminal justice Releases & discharges 1,149 (1,175) 93 (103) Adult Discretionary Releases from Prison 545 (522) Probation 37,306 (*37,828) 149 (237) 46 (44) 170 (163) 53 (31) 64 (82) 54 (10) 119 (15) Special 0 (0 ) 39 (177) Parole* 269 (331) system. 2,134 End of Nursing DUI Home Trans. Parole/& ReF.* Trans. HWH* TS* ( 2,116 ) Sentence home Confine.* parole* Parcom* Place* (EOS) 5 141 119 937 114 93 732 550 465 (506) (5 ) (105) (74) (920) (12) (63) ( 971 ) (485) 16 (54) SPLIT 0 (0) 0 (3) 0 (0) 10 (20) 0 (0) 1 (1) 9 (22) 5 (12) SENTENCE? YES Total remands to prison: 41 (112) NO 553 (1,357) 196 (175) 0 (0) 10 (18) 0 (0) 51 (33) 0 (2) 15 (12) 49 (44) 105 (71) 86 (89) Discharges (EOS) from Community Supervision 316 (269) Completion of Court Imposed Offenders Supervised in the Community by CT DOC*: 4,825 (4,751) Sanction The Annual Correctional Population Forecast estimates correction population change over the forthcoming year to help state policymakers, agency officials, and community partners make cost and population estimates. The Annual Connecticut Recidivism Study reviews outcomes using a key criminal justice system metric— recidivism rates—over a three-year period for each person returning to the community following pretrial or a sentence across four measures. |10

The roles of the CJC and DCJ are unique nationally. The CJC’s appoints DCJ administers a largely state- prosecutors. level prosecutorial system with local autonomy of state’s attorney. 45 states have elected prosecutors Prosecutors are county officials except for Connecticut and Rhode Island, which operate largely state-level prosecutorial Prosecutors are appointed in 5 systems. states: Connecticut, Rhode Island, New Jersey, Delaware, Connecticut is the only state with an entity and Alaska. outside the AG’s office—DCJ—that administers prosecutorial operations Connecticut is the only state where statewide. a commission appoints prosecutors. Although state’s attorneys are state Elsewhere, appointing authority employees and DCJ plays an administrative rests in the governor (1) or attorney function, they practice considerable local general (3). autonomy. Source: https://law.unc.edu/wp-content/uploads/2020/01/National-Study-Prosecutor-Elections-2020.pdf |11

Presentation Overview Introduction and overview of Public Act 19-59 Front-end impacts on prosecutor operations. First analysis of prosecutorial caseflow and operations |12