Protecting Public Safety and Containing Corrections Costs in South Carolina Sentencing Reform and Oversight Committee Columbia, South Carolina August 16, 2017
Agenda • Leadership Charge • National Landscape – South Carolina – Case Studies: Mississippi and Louisiana • Next Steps – Work Plan – Proposed Meeting Schedule – Policy-Focused Working Groups 2
LEADERSHIP CHARGE 3
State Leadership has Charged the South Carolina Sentencing Reform Oversight Committee with: …“forging consensus on a comprehensive package of statutory and budgetary reforms that will help South Carolina achieve a better public safety return on its corrections spending.” 4
NATIONAL LANDSCAPE 5
by 2008: 1 in 100 Adults Behind Bars Incarcerated Population, 1972-2008 2,500,000 2,333,275 2,000,000 1,500,000 1,000,000 500,000 337,692 0 1972 1975 1978 1981 1984 1987 1990 1993 1996 1999 2002 2005 2008 Source: Department of Justice, Bureau of Justice Statistics 6
by 2008: 1 in 31 Adults Under Correctional Control Correctional Population (prison, jail, probation, and parole), 1980-2008 7,426,675 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,836,762 1,000,000 0 Source: Department of Justice, Bureau of Justice Statistics 7
Despite Increased Spending, Recidivism Remains High 100% 90% 80% 68% 68% 70% 60% 52% 50% 50% 40% 30% 20% 10% 0% Inmates released in 1994 Inmates released in 2005 Re-arrested within 3 years Re-incarcerated within 3 years Source: Department of Justice, Bureau of Justice Statistics 8
Justice Reinvestment States ME WA MT ND MN OR NY WI SD ID MI WY PA IA NE VT OH IN NV IL NH WV UT VA CO MA MO CA KS KY RI NC TN CT OK SC AR AZ NM NJ GA AL MS DE LA MD TX DC FL AK 2017–2018 Active States HI Prior JRI Reforms Round II JRI Reform States 9
by 2015: 1 in 112 Behind Bars Incarcerated Population, 1972-2015 2,500,000 2,333,275 2,205,047 2,000,000 1,500,000 1,000,000 500,000 337,692 0 1972 1976 1980 1984 1988 1992 1996 2000 2004 2008 2012 Source: Department of Justice, Bureau of Justice Statistics 10
by 2015: 1 in 36 Under Correctional Control Correctional Population (prison, jail, probation, and parole), 1980-2015 8,000,000 7,426,675 7,000,000 6,855,947 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,836,762 1,000,000 0 1980 1983 1986 1989 1992 1995 1998 2001 2004 2007 2010 2013 Source: Department of Justice, Bureau of Justice Statistics 11
From 2010-2015, 31 States Achieved Reductions in Both Crime and Imprisonment Rates ME WA MT ND MN OR NY WI ID SD MI WY PA IA NE OH VT IN IL NV UT WV VA NH CO CA MO MA KS KY NC RI TN CT OK AZ SC AR NM NJ GA AL MS DE LA TX MD FL AK HI Source: Department of Justice, Federal Bureau of Investigation 12 and Bureau of Justice Statistics
SOUTH CAROLINA 13
Pretrial Population Since Reform, South Carolina Averted All Projected Growth and Decreased Prison Population by 14% South Carolina's Prison Population 30,000 27,903 25,000 23,161 20,000 JRI Reforms, 20,951 Part I 15,000 10,000 5,000 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Actual Year-End Prison Population by FY Baseline Population Projection Absent Reform Source: South Carolina Department of Corrections (prison 14 population); Applied Research Services (projection)
Pretrial Population Since Reform, South Carolina’s Crime Rate Declined 16% Index Crime Rate per 100,000 Residents, 2005-2015 6,000 5,000 5,137 4,000 3,798 3,000 JRI Reforms, Part I 2,000 1,000 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Source: Federal Bureau of Investigation 15
CASE STUDIES 16
MISSISSIPPI: ROUND 1 2013-2014 17
Mississippi’s Cost of Doing Nothing: $266 Million Over 10 Years Historical and Projected Prison Population 26,000 24,000 24,487 Projected to grow by 22,000 1,990 beds by 2024 22,497 20,000 20,408 18,000 16,000 14,000 12,000 10,000 2003 2005 2007 2009 2011 2013 2015 2017 2019 2021 2023 Historical Projected Source: Mississippi Department of Corrections 18
Finding: More People Entered Prison For a Revocation of Supervision Than as New Prisoners in 2012 Admissions by Type by Year 6,000 5,481 4,764 5,000 4,973 4,000 3,000 2,978 2,000 1,000 - 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 New Prisoners Revocation Source: Mississippi Department of Corrections 19
Finding: Almost Three-Quarters of Admissions Sentenced for Nonviolent Crimes Admissions by Primary Offense Type, 2012 Sex 4% Violent 24% Drug 32% Other 10% Property 30% Source: Mississippi Department of Corrections 20
Finding: New Prisoners Released in 2012 Served 17% Longer Than Those Released in 2002 Mean Time Served, 2002 and 2012 (Months) 36 34.1 34 32 30 29.2 Months 28 26 24 22 20 2002 2012 Source: Mississippi Department of Corrections 21
Finding: Mean Time Served for Drug Possession Rose 31%, Compared to 10% for All Drug Crimes Mean Time Served for Drug Crimes by Year, New Prisoner Releases (Months) 40 35 30 26 25 Months 23.7 20 19.8 15 15.1 10 31% growth for drug possession crimes 5 0 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Drug possession All drug crimes Source: Mississippi Department of Corrections 22
Task Force Key Findings and JRI Reforms • Finding: More offenders entered prison from supervision than as new prisoners in 2012 – Reforms: • Strengthens community corrections through the use of graduated sanctions and earned discharge; and limits incarceration periods for technical violations of supervision. • Finding: Almost three-quarters of admissions sentenced for nonviolent crimes – Reforms: • Raises felony theft threshold for property crimes; and develops presumptive probation for certain lower-level property and drug crimes. 23
Task Force Key Findings and JRI Reforms • Finding: New prisoners released in 2012 served 17% longer than those released in 2002 – Reforms: • Creates structured sentences for drug crimes based on weight and criminal history; expands eligibility for earned time to certain drug offenders; and ensures that all nonviolent offenders are parole eligible at 25%. 24
Mississippi Reforms: Minimum of $266 Million Averted Over 10 Years Historical and Projected Prison Population Projection Absent 26,000 Reform 24,448 24,000 22,000 20,972 22,497 20,000 20,586 Projection With JRI 18,000 16,000 14,000 12,000 10,000 2003 2005 2007 2009 2011 2013 2015 2017 2019 2021 2023 Actual Pre-Reform Post-Reform Source: Mississippi Department of Corrections 25
Mississippi Reforms: Widespread Political Support ALEC’s legislative members believe that criminal justice spending should be held accountable and support policies that give taxpayers a better public safety return on every dollar spent. By slowing the growth of Mississippi’s prisons, the state can avoid $266 million in corrections spending over the next ten years while maintaining public safety. 26
Mississippi Reforms: Widespread Political Support Our Christian faith tells us the criminal justice system must be anchored in principles supported by the Bible and rooted in history. [H.B. 585] would restore victims, justly punish criminals and provide opportunities for redemption. It also acknowledges that almost every prisoner will one day rejoin our communities, and ensures each of them receives mandatory reentry support. That’s good for returning offenders, and it’s good for public safety too. 27
Mississippi Reforms: Widespread Political Support […] MEC recognizes that the corrections reform measures included in HB 585 are in alignment with our long-held policies in support of government efficiency , which is why I am writing today on behalf of our organization in support of the legislation. . 28
Mississippi Sees Lower Prison Population and Other Improvements Mississippi Prison Population 24,000 22,626 • Probation success rates up 22,000 20,721 • State’s prison 19,496 20,000 space better 18,474 focused on violent 18,000 offenders • Prison admissions 16,000 JRI Reforms, for low-level Round I 14,000 crimes have declined 12,000 10,000 29
LOUISIANA: ROUND II 2016-2017 30
After JRI Round I, Louisiana’s Prison Population Dropped by 9% Prison Population by Year (December 31 Annual Snapshot) 45,000 39,598 40,000 36,146 35,885 35,000 30,000 25,000 JRI Reforms, Round I 20,000 15,000 10,000 5,000 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Source: Louisiana Department of Corrections 31
Cost of Being #1: If Louisiana Had the Second Highest Imprisonment Rate in 2014, It Would Have Saved $49 Million Estimated 2014 Savings If Louisiana’s Imprisonment Rate Matched Other States 900 800 - $48,733,850 - $76,467,189 700 - $91,368,684 - $90,540,823 600 500 816 400 700 633 300 597 599 200 100 0 Mississippi Arkansas Alabama Oklahoma Louisiana Source: Bureau of Justice Statistics 32
Finding: 86% of Prison Admissions Are Nonviolent Admissions by Primary Offense Type, 2015 Violent Other 14% 19% Drug Property 36% 31% Source: Louisiana Department of Corrections 33
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