Office of Justice Research and Performance 6,900 6,400 5,900 - PowerPoint PPT Presentation

6/14/2010 Over the Past 20 Years, NYS Crime Rate Has Declined At Almost Twice the Rate of the Division of Criminal Justice Services Rest of the Country Office of Justice Research and Performance 6,900 6,400 5,900 5,400 4,900 Rest of US -34% 4,400 3,900 2009 Drug Law Reform New York -62% 3,400 2,900 Preliminary Update on Early Implementation 2,400 1,900 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 February 2010 Source: FBI, Crime in the United States annual publications Rate: Per 100,000 Population 1 2 NYC Crime Declined 72% and Crime in the Rest Crime Continued to Decline in of the State Declined 36% Since 1989 New York State in 2009 Index Crimes Crimes reported to police continued to drop between 2008 (1989-2008) and 2009. 800,000 713,322 700,000 • New York City Police Department reported a 600,000 reduction of 5% in major crime categories; reported 500,000 412,821 murders are down (-10%) 400,000 265,009 300,000 • Departments Outside New York City reported 200,000 Index crime was down (-2%); Violent Index crime 198,419 100,000 was down (-2%) as was property crime (-2%) 0 Rest of State NYC Source: DCJS Uniform Crime\Incident Based Reporting system 3 4 1

6/14/2010 Steep Increases from 1970’s to 1989 in Felony Statewide Felony Drug Trends Drug Activity; Declines Since Then Felony Drug Arrests, Indictments and Commitments to Prison 1973- 2008 • Felony Drug Arrests increased from 14,679 in 1973 to 70,000 62,293 62,293 in 1989 60,000 • Indictments increased from 6,461 in 1974 to 36,524 in 40,209 50,000 1989 36,524 40,000 • Drug commitments to State prison increased from 834 30,000 in 1973 to 11,225 in 1992 14,679 20,000 14,029 11,225 • Contributed to major increase in DOCS population, 6,461 10,000 5,190 834 from 13,437 in 1973 to 71,472 in 1999 0 Arrests Indictments Commitments Source: DCJS Felony Processing File, Criminal History File, DOCS Admission file and Crime and Justice Report 5 6 Note: Indictments only available since 1974. Drug Offenders In Prison Drug Offenders in DOCS Declined 56% Peaked in 1996, Prison Population Peaked in 1999 Since Peak in 1996; Down 1,617 in Past Year Drug Offenders and Total Offenders Under Custody in NYSDOCS Drug Offenders Under Custody 1973-2009 80,000 (Year End) 70,000 25,000 23,511 60,000 22,266 50,000 20,000 18,363 40,000 14,249 15,000 13,383 30,000 11,936 10,319 20,000 10,000 10,000 5,000 0 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 0 1996 1999 2002 2005 2007 2008 2009 Drug Offenders Under Custody Non-Drug Source: DOCS 7 Source: DOCS 8 2

6/14/2010 Arrest, Indictment and Commitment Felony Drug Arrests Declined 47% in NYC and 19% outside NYC Since 1989 By Region Felony Drug Arrests • After dramatic growth in the late 1980’s and early 1980-2009 1990’s, major decreases in arrests, indictments and 55,000 48,984 50,000 commitments were driven by changes in New York City 45,000 40,000 35,000 25,953 30,000 • Until 2008, arrests, indictments and commitments 25,000 20,000 outside of New York City had not changed much since 13,352 8,938 15,000 10,000 1990 10,754 2,939 5,000 0 1980 1983 1986 1989 1992 1995 1998 2001 2004 2007 2009 NEW YORK CITY NON-NEW YORK CITY Source: DCJS – Criminal History File 9 10 Felony Drug Indictments Declined 73% in NYC Drug Commitments Declined 73% in NYC and 25% in Non-NYC Since Peaking in 1989 and 25% outside NYC since 1992 Drug Indictments Drug Commitments 1980-2008 1992-2009 35,000 8,569 28,631 9,000 30,000 8,000 25,000 7,000 6,000 20,000 5,000 15,000 4,000 2,339 3,000 7,945 7,768 10,000 2,000 2,634 2,656 1,980 5,000 1,000 1,507 5,972 0 0 1992 1994 1996 1998 2000 2002 2004 2006 20082009 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 NEW YORK CITY NON-NEW YORK CITY NEW YORK CITY NON-NEW YORK CITY Source: DCJS – ISS and Felony Processing files Source: DOCS Admission file 11 12 3

6/14/2010 2009 Drug Law Changes 2009 Drug Law Changes – Implementation Effective April 2009 – Sentencing Changes Dates Staggered June 2009 • Eliminated mandatory minimum for 1 st B Drug (can • Conditional sealing provisions took effect October 2009 now go to jail or probation) • Reduced minimum prison sentence for 2 nd B’s from 3½ • Judicial diversion statute became effective • Resentencing authorized for indeterminately years to 2 years • Eliminated mandatory minimum for 2 nd C, D, and E sentenced drug offenders in DOCS custody November 2009 Drug (jail or probation now an option) • New Crimes in effect: • Expanded eligibility for Shock participation and B Felony Sale to a Child sentences to Willard Drug Treatment Campus A-I Operating as a Major Trafficker 13 14 B Felony Drug Offenders Resentenced as of Resentencing Update As of 2-19-10 February 19, 2010 (203 To Date) • Eligibility estimates: 1,100 possible, 700 likely eligible County Number County Number County Number • 203 individuals resentenced & 127 released as of 2-19-10 Albany 11 Monroe 5 Rensselaer 3 • No centralized data collected on approvals vs. denials Allegany 1 Montgomery 1 Richmond 1 • Most of those who were resentenced and are still in prison Bronx 52 Nassau 4 Rockland 6 have time left to serve on new sentence Broome 3 New York 35 Saratoga 1 • So far: 74% released to post release supervision; for others, Clinton 2 Oneida 1 Suffolk 3 time already served in DOCS covered the newly-imposed Columbia 2 Onondaga 18 Tompkins 2 sentence and the post release supervision period Erie 1 Ontario 3 Ulster 1 • Major effort by DOCS and Parole to expedite release and Fulton 4 Orange 10 Warren 4 arrange services has been successful Greene 1 Oswego 1 Westchester 1 • Cases still being resentenced at a steady pace Kings 17 Queens 8 Wyoming 1 Source: DOCS 15 16 4

6/14/2010 DLR Drug Court Admissions More Than Judicial Diversion – Doubled since 2008 Defining Drug Law Reform (DLR) Cases Quarterly DLR Court Admissions January 2008-December 2009 • Counting rules developed to allow comparisons of 600 similar cases before and after October 2009 500 • Counts includes cases involving felony class B-E drug 400 offenses and property offenses specified in the CPL 300 Article 216 • Cases must remain in felony court to be counted 200 • Includes cases identified as 216 diversion type by the 100 courts as well as drug court cases that involve charges 0 included in CPL Article 216 17 18 Source: Office of Court Administration DLR Drug Court Admissions Judicial Diversion – What Will Take More Time • Very early! Diversion program just getting underway, NYC Rest of State 350 350 and files are still incomplete • Still reconciling data from several data sources, 300 300 including newly created datasets; still addressing missing 250 250 and conflicting data 200 200 • More time & analysis needed to determine treatment 150 150 impact and admissions to residential vs. outpatient 100 100 • Assessment data, and who accepts or rejects diversion offer not yet analyzed 50 50 • Still confirming number of cases enrolled over DA 0 0 Apr-Jun09 Jul-Sep09 Oct-Dec09 Apr-Jun09 Jul-Sep09 Oct-Dec09 objection Source: Office of Court Administration 19 20 5

6/14/2010 Criminal Justice Admissions to NYC CJ Admissions to Residential Treatment OASAS Programs • Statewide, there are more than 60,000 Criminal Justice NYC CJ Admissions to Residential Treatment Jan 2008 - Dec 2009 Admissions annually 450 • About 40% of treatment admissions are criminal 400 350 justice-related 300 250 • Most criminal justice admissions are unrelated to 200 150 Reform, but it is expected that admissions will increase 100 50 as a result of Reform 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec • DCJS, Parole, DPCA, OCA and OASAS are working to 2009 374 334 397 380 309 415 391 369 371 387 347 409 2008 417 369 369 391 375 354 390 372 390 389 331 334 link information while protecting client confidentiality Source: OASAS 21 22 NYC CJ Admissions to Outpatient Treatment NYC CJ Admissions to Outpatient Treatment Jan 2008 - Dec 2009 2,000 1,500 THIS PAGE INTENTIONALLY LEFT 1,000 BLANK 500 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 1,288 1,241 1,473 1,490 1,348 1,497 1,545 1,497 1,358 1,340 1,175 1,282 2008 1,500 1,359 1,522 1,596 1,450 1,547 1,515 1,444 1,495 1,578 1,170 1,354 Source: OASAS 23 24 6