Juvenile Correctional Recidivism Legislative Budget Board Criminal Justice Data Analysis Team April 2012
Criminal Justice Data Analysis Team – Structure and Staff Members Michele Connolly – Manager Jamie Gardner – Adult Data Analysis Laurie Molina – Adult Data Analysis John Posey – Juvenile Data Analysis Ed Sinclair – Field and Qualitative Research Legislative Budget Board 2 April 2012
Criminal Justice Forum Logistics – Forum Parameters Diverse group of participants A learning opportunity for all Limited to a subject area Format: 5 minutes for overview and orientation 45 minutes for presentation of policy issues, methodologies, and key findings 30 minutes for questions and answers Legislative Budget Board 3 April 2012
Criminal Justice Forum Ground Rules – Presenter Information Legislative Budget Board (LBB) staff LBB staff members are non-partisan Staff are not in a position to provide personal opinions Criminal Justice Data Analysis Team focus is on policy-oriented analysis Legislative Budget Board 4 April 2012
Agenda Overview Populations Analyzed How Recidivism and Revocation is Measured Navigating the Report and Highlights of Findings Comparison with Other States Next Steps Legislative Budget Board 5 April 2012
Overview
Most Recent Recidivism Report Statewide Criminal Justice Recidivism and Revocation Rates Released: January 2011 Online: http://www.lbb.state.tx.us/PubSafety_CrimJustice/3_Reports/Recidivism_Report_2011.pdf How to Find This and Past Recidivism Reports on the LBB Website: Go to: http://www.lbb.state.tx.us/ • Look under the section: PERFORMANCE REPORTS AND REVIEWS • Select the link: Public Safety and Criminal Justice • You’ll find the report here: • Legislative Budget Board 7 April 2012
Goals of the Justice System Public Safety Incapacitation Deterrence Rehabilitation Retribution and Restoration Legislative Budget Board 8 April 2012
Key Performance Measure of Justice System: Recidivism Recidivism is generally defined as a return to delinquent or criminal activity during or after a justice system intervention. Recidivism is most frequently measured in terms of rearrest, reconviction, and/or reincarceration. Maltz, Michael D. ([1984] 2001). Recidivism. Originally published by Academic Press, Inc., Orlando, Florida. Internet edition available at http://www.uic.edu/depts/lib/forr/pdf/crimjust/recidivism.pdf. Legislative Budget Board 9 April 2012
Background House Bill 2335, 71st Legislature, Regular Session, 1989, directed the Criminal Justice Policy Council to conduct a study to develop uniform recidivism and revocation rates for all criminal justice agencies. Criminal Justice Policy Council released its first report in March 1991, and the agency continued to calculate and report recidivism through January 2003. The Legislative Budget Board began reporting adult and juvenile recidivism in January 2005. The agency has released a recidivism report at the start of the legislative session (January of every odd year) since. Legislative Budget Board 10 April 2012
How the LBB uses Recidivism Analysis Factor in developing recommended appropriation amounts for criminal justice related programs Fiscal note Written estimate of the direct costs, savings, revenue gain, or revenue loss that may result from implementation of a bill or joint resolution that increases or decreases correctional populations Criminal Justice Impact Statement Written estimate of the increase or decrease in correctional populations that may result from implementation of a bill or joint resolution Resource for staff (LBB, legislative, and state agency) and public Legislative Budget Board 11 April 2012
Recidivism as a Performance Measure in General Appropriations Act (GAA) The GAA for FY 2012-13 is available online: http://www.lbb.state.tx.us/Bill_82/GAA.pdf Juvenile Recidivism Measures are listed under: Article V: Public Safety and Criminal Justice Texas Juvenile Justice Department (TJJD) Performance Measure Targets (p. V-32) Goal A: Community Juvenile Justice – Outcomes Re-referral Rate Rearrest Rate One-Year Rearrest Rate for Violent Felony Offenses Reincarceration Rate: Within One Year Reincarceration Rate: Within Three Years Legislative Budget Board April 2012 12
Changes in Juvenile Populations Analyzed in Recidivism Report Populations Analyzed January 2005 Report January 2011 Report & Analysis Performed Texas Youth Commission (now Texas Juvenile Justice Department) Rearrest X Reincarceration X X Revocation X County Juvenile Probation Departments Rearrest X Reincarceration X Revocation X Legislative Budget Board 13 April 2012
Note about Terms in this Presentation On December 1, 2011, the Texas Juvenile Justice Department (TJJD) was launched. This agency absorbed the responsibilities of the Texas Juvenile Probation Commission (TJPC) and the Texas Youth Commission (TYC), and TJPC and TYC were abolished. When referring to these agencies in this presentation, TJJD will be used when discussing the agencies in general and after December 1, 2011. Otherwise, TYC and TJPC are used, in particular in the discussion of the January 2011 report. Legislative Budget Board 14 April 2012
Populations Analyzed
Juvenile Justice System Process Highlights & Populations Analyzed in Recidivism Report Juvenile Age 10-16 Allegedly Commits Offense Case Released to Parent, Formally No School, or Other Processed? • Sent to Municipal Court or Justice of the Peace Yes Referred to Juvenile Probation Department • Diverted to Program Released with Case Dismissed & Supervisory Case Disposed Juvenile Released Caution Motion to Motion to Certified to Deferred Adjudicated to Committed Adjudicate Revoke Adult Court Prosecution Probation* to TJJD* (Fail D.P.) (Fail Prob.) Motion to Supervision Term Completed Parole Revoke Completed & & Exit System (Fail Parole) Exit System Supervision Note: Shaded figures reflect populations analyzed in the Jan. 2011 Recidivism Report. Completed & * A relatively small share of juvenile probation department and TJJD juveniles will not complete their sentence under the juvenile justice system and will be transferred to adult probation, adult Exit System parole, or adult prison under determinate sentence probation, determinate sentence to TJJD, or arrest for a new offense as an adult.
County Juvenile Probation Department Populations Analyzed – Overview County Juvenile Probation Department (JPD) – 165 county departments serve 254 counties and supervise juveniles in the community or in county-run/county-contracted residential facilities. Most referrals received are for offenses of class B misdemeanor or greater severity or for conduc in need of supervision offenses; a relatively small number of referrals are for class C misdemeanor offenses. A juvenile must be at least age 10 to be referred to a JPD and can only remain in JPD custody up to his/her 18 th or 19 th birthday. Deferred Prosecution Supervision Used more often with low-risk juveniles and juveniles in the system for the first time Probable cause must be found though not found true of committing the offense A voluntary supervision program agreed upon by the youth, guardian, and facilitating agent (the prosecutor, JPD, or juvenile court) Supervision can last up to 6 months and can be extended for another 6 months Upon successful completion, the case can be dismissed Adjudicated Probation Supervision Juvenile has been found true of committing the offense The local juvenile court determines the juvenile’s length of supervision (average supervision length is approximately one year) Secure Residential Facility These facilities are operated by the county JPD or contracted by them (average length of stay is 100 days) April 2012 Legislative Budget Board 17
Texas Juvenile Justice Department Populations Analyzed – Overview Texas Juvenile Justice Department (TJJD) – TJJD is the state agency responsible for operating state juvenile correctional facilities and supervising juveniles released to parole. For a local juvenile court to commit a juvenile to TJJD, the juvenile must have been adjudicated for a felony offense. A juvenile must be at least age 10 to be committed to TJJD and can only stay in TJJD custody up to his/her 19 th birthday. Secure Residential Facilities These facilities are all state operated TJJD determines most juveniles’ length of stay in accordance with any applicable statute and juvenile court order (average length of stay is approximately 1 year and 4 months) Parole Supervision Period of TJJD supervision beginning after release from a residential program and ending with discharge TJJD determines most juveniles’ length of supervision in accordance with any applicable statute and juvenile court order (average supervision length is approximately 11 months) Note: Prior to 6/9/2007, certain misdemeanants could be committed to TJJD, and a juvenile could remain in TJJD custody up to his/her 21 st birthday. Legislative Budget Board 18 April 2012
How Recidivism is Measured
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