Justice Reinvestment in West Virginia Presentation to WV - PDF document

10/28/2014 Justice Reinvestment in West Virginia Presentation to WV Behavioral Health Planning Council October 16, 2014 Joseph D. Garcia Deputy General Counsel Office of Governor Earl Ray Tomblin Outline of Presentation 1. The Justice Reinvestment Process 2. Senate Bill 371 3. Expanding Community ‐ Based Substance Abuse Treatment and Other Important Criminal Justice Initiatives 1

10/28/2014 1. The Justice Reinvestment Process Justice Reinvestment a data ‐ driven approach to reduce corrections spending and reinvest savings in strategies that can decrease recidivism and increase public safety. Justice Reinvestment Partners Phase I / II Phase I Council of State Governments Justice Center 3 Two phases of Justice Reinvestment Phase I Phase 2 Analyze Data and Implement New Policies Develop Policy Options • Analyze data • Identify assistance needed to implement policies effectively – crime/arrests, courts, corrections, • Deploy targeted reinvestment and supervision trends strategies to increase public safety • Solicit input from stakeholders • Track the impact of enacted • Assess behavioral health system and policies/programs treatment capacity • Monitor recidivism rates and other • Develop policy options and estimate key measures impacts Council of State Governments Justice Center 4 2

10/28/2014 Why Reform? • Between 2007 and 2012, the prison population in West Virginia had grown 20%. • Over the next five years, an additional 1,400 individuals would enter the system. • A new prison facility would cost an estimated $200 million dollars. • THE DATA did not show that the number of people we incarcerated actually made the citizens of West Virginia any safer. Justice Reinvestment Analysis Finding: Substance Use Major Driver for West Virginia Prison Growth DOC Commitments by Offense Type 1,600 2007 ‐ 2011 1,400 Property – Up 11% 1,368 1,200 Stakeholder outreach suggested that many property offenses were also 1,000 related to substance use. 800 751 Drug – Up 11% 616 Other – Up 12% 600 589 Violent – Down 1% 400 2007 2008 2009 2010 2011 Source: WV DOC commitments dataset Council of State Governments Justice Center 6 3

10/28/2014 Few Substance Abuse Services Provided for Individuals Supervised in the Community DRC Probation Drug Court DOC Parole Funding for $986,088 $0 $1,137,838 $872,000 $0 services ALADRUE: Capacity to Unknown None 430 944 None provide services RSAT: 427 Estimated demand for 108 1,449 263 2,431 492 services – Total Outpatient 43 580 105 973 197 Intensive 43 580 105 973 197 Outpatient Residential with step 22 290 53 486 98 down Source: D.A. Andrews & James Bonta, “ColorPlpt Profile Form for Men,” The Level of Service Inventory ‐ Revised: U.S. Norms , 2003 Steven Belenkoa & Jordon Peugh“Estimating Drug Treatment Needs Among State Prison Inmates. ” Drug and Alcohol Dependence 77, no. 3 (2005): 269–281. Conversation with Alexa Eggleston and Fred Osher, November, 2012 Council of State Governments Justice Center 7 Findings of Justice Reinvestment Working Group • Inconsistent revocation standards for probation and parole; • Some inmates being released without ANY supervision; and • A need for more community ‐ based substance abuse resources. Council of State Governments Justice Center 8 4

10/28/2014 2. Senate Bill 371 • Result of extensive analysis conducted by CSG Justice Center, with leadership from bi ‐ partisan, inter ‐ branch Work Group • Policy options passed by legislature in 2013 session with bipartisan support • Signed into law by Governor Tomblin on May 2, 2013 • Most major provisions became effective July 12, 2013 Council of State Governments Justice Center 9 Goal of Senate Bill 371  To strengthen community-based supervision and the use of risk assessments;  To ensure that no violent inmates are released without supervision; and  To invest in drugs courts and other community- based treatment for substance abuse and mental health issues. Council of State Governments Justice Center 10 5

10/28/2014 Senate Bill 371 • Justice Reinvestment policies outlined in Senate Bill 371: – Adopt a statewide risk/needs assessment and focus supervision resources on higher ‐ risk individuals – Respond to supervision violations with swift, certain, and cost ‐ effective sanctions – Invest in community ‐ based substance abuse treatment for people on supervision with substance abuse treatment needs Council of State Governments Justice Center 11 Since JR implementation began, West Virginia’s prison population has declined 10,000 8,893 9,000 7,943 8,000 7,146 7,418 7,000 6,715 (as of April 2014) 6,000 Justice reinvestment policies Baseline Estimated 5,869 enacted 5,000 Population (July 2013) 4,000 SB 371 Estimated Implementation of some justice Population reinvestment policies began prior to the 3,000 legislation’s effective date and Working Group contributed in part to an earlier decrease 2,000 Policy Framework in the prison population than originally Estimated projected 1,000 Population 0 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Calendar Year ‐ end Population Source: Estimates and population figures can be found in the CSG Justice Center’s “Justice Reinvestment in West Virginia: Analyses & Policy Options to Reduce Spending on Corrections & Reinvest in Strategies to Increase Public Safety.” WVDOC provides actual prison population monthly to CSG. Council of State Governments Justice Center 12 6

10/28/2014 Share of DOC ‐ sentenced offenders confined to regional jails has also decreased Justice reinvestment policies enacted 8000 (July 2013) 6,999 6,966 7000 6,715 6000 The total DOC population in West Virginia has dropped by 5000 almost 300 inmates since July Offenders confined to DOC institutions 2013 4000 The population of DOC ‐ 3000 sentenced offenders confined to regional jails has declined by roughly 50% since July 2013 2000 5,315 5,328 5,857 DOC ‐ sentenced offenders 1000 confined to RJA 1,671 858 1,651 0 Jan ‐ 13 Feb ‐ 13 Mar ‐ 13 Apr ‐ 13 May ‐ 13 Jun ‐ 13 Jul ‐ 13 Aug ‐ 13 Sep ‐ 13 Oct ‐ 13 Nov ‐ 13 Dec ‐ 13 Jan ‐ 14 Feb ‐ 14 Mar ‐ 14 Apr ‐ 14 Monthly DOC Population Source: West Virginia DOC monthly prison population data to CSG (“WV Data Elements.xls”). Council of State Governments Justice Center 13 Reduction in Incarceration Following S.B. 371 • Almost 5% Reduction in Total Prison Population – 10/16/14 Population: 6,793 – 4/13/13 Population: 7,078 • 1,000 Fewer People in Prison Than Projected • Reduced Overcrowding at Regional Jails by Over 800 People. Council of State Governments Justice Center 14 7

10/28/2014 3. Expanding Community ‐ Based Substance Abuse Treatment and Other Important Criminal Justice Initiatives SB 371 Provision Implementation Status West Virginia’s upfront reinvestment in In progress. Phase 1 sites awarded May community ‐ based substance abuse 2014. Phase 2 roll out planned for late 2014 treatment (FY 2014 Supplemental Appropriation to DMAPS, FY 2015 Appropriation to DJCS) Treatment supervision sentencing option; In progress. Sentencing to substance abuse Effective date Jan. 1, 2014 (§62 ‐ 15 ‐ 6a) treatment resources through treatment supervision became available in 7 pilot counties as part of Reinvestment pilots, awarded May 2014 Statewide expansion of drug courts by 2016 In progress. Supreme Court received grant (§62 ‐ 15 ‐ 4) to facilitate drug court expansion and education Council of State Governments Justice Center 15 $1.2 million for first phase of reinvestment pilot sites awarded May 2014 Marshall County: 6 ‐ 10 bed treatment facility; Reinvestment outpatient and intensive resources are Harrison County: outpatient programs; prioritized for counselors and specialists Counselors and high risk and specialists need individuals Wood County: 6 ‐ 10 bed treatment facility; outpatient and intensive outpatient programs; counselors and specialists Kanawha County: Outpatient and intensive outpatient programs; counselors and specialists Substance abuse reinvestment funding levels Cabell County: FY 2014 appropriation $3 million Counselors and FY 2015 appropriation $3.22 million specialists State reinvestment set at $5 million annually FY 2016 through FY 2018 Logan County: Outpatient and intensive outpatient Mercer County/southwestern Virginia: programs; counselors and 60 ‐ 100 bed treatment facility; outpatient specialists and intensive outpatient programs; counselors and specialists Source: “Governor Tomblin Announces $1.2 Million in Justice Reinvestment Treatment Supervision Grant Awards,” press release from Office of the Governor, May 22, 2014. Council of State Governments Justice Center 16 8

10/28/2014 Implementing statewide rollout of expanded substance abuse services • Identify methods to address gaps in available resources • Target funds according to risk/needs • Ensure that services are available for offenders supervised in the community through parole, probation, drug court, DRCs, and treatment supervision Council of State Governments Justice Center 17 Coordinating Workforce Training and Assistance – Director of Housing and Employment in DOC – Workforce WV Involvement in Facilities • Job fairs; interview and resume preparation; • Bonding program ($10K) and tax credit for employers who hire individuals with criminal conviction – Division of Rehabilitation Services • “Substance abuse” is a disability • Federal funding to help people obtain and maintain better jobs Council of State Governments Justice Center 18 9