CRIME AND JUSTICE INSTITUTE Justice Reinvestment Initiative Data and Systems Presentation October 10, 2019 CRIME AND INSTITUTE A Division oi Community Resources for Justice Crime and Justice nstitute at CRJ MA Overview • Introduction • TN: The Case for the Justice Reinvestment Initiative • Admissions • Time Served • Custody Population • Female Population • Community Supervision • Key Takeaways 2 Criminal Justice Investment Task Force (CJITF) Steering Committee Objective State leadership has instructed the CJITF to: Letter signed by: • Governor Bill Lee “use our state’s data to move towards a criminal justice system that focuses resources on evidence-based recidivism reduction and crime prevention strategies that increase public safety and improve outcomes for all Tennesseans.” • Lieutenant Governor Randy McNally • Chief Justice Jeffrey Bivins • Speaker-Designee Cameron Sexton 3 Justice Reinvestment Initiative (JRI) • JRI is a project funded by the Department of Justice that works with state leaders committed to using their criminal justice data to develop proven, innovative, and comprehensive approaches to reduce recidivism rates, promote public safety and shift resources toward more cost-effective strategies 4 Data Sources • Primary data sources • TN Department of Correction • TN Board of Parole • TN Administrative Office of the Courts • Unless stated otherwise, all data presented was analyzed by CJI in consultation with above agencies • Additional data from • U.S. Department of Justice, Bureau of Justice Statistics • U.S. Census Bureau Note: Data presented here may not match state reports due to different methodologies for analysis 5 ron Law of Prison Population Growth TDOC Population if-E' .Lli' -.E 5-3' .1 a non Just-H- Factors Influencing Admissions & Time Served Law Enforcement Options & Crime Rates Sentencing Practices Release Mechanisms Recidivism 7 Qualitative Sources Interviews/Meetings • • • • • • • • • • • • • • Judges District Attorneys Public Defenders Tennessee Department of Correction Tennessee Department of Safety Tennessee Department of Mental Health and Substance Abuse Services Tennessee Board of Parole Law Enforcement Sheriffs Mental Health Practitioners Victim Advocates Reentry Groups Workforce Development Centers Drug Court Alumni Documents Reviewed • Tennessee State Statutes • Tennessee Department of Corrections Policies and Procedures • Tennessee Board of Parole Policies and Procedures • Tennessee Court Rules, Rules of Criminal Procedure 8 Multiple Objectives of Incarceration • Incapacitation: Reducing current criminal involvement by holding offenders in prison where they cannot commit crimes against the public • Deterrence: Reducing the likelihood of future criminal involvement by increasing the punishment for the current offense • Rehabilitation: Reducing the likelihood of future criminal involvement by offering effective programming and treatment during the period of incarceration • Retribution: Payment or punishment, in the form of imprisonment, for violating community norms and order 9 CRIME AND JUSTICE INSTITUTE TN: The Case for the Justice Reinvestment Initiative CRW USTICE Prison Population Grew Nearly 400% Tennessee Prison Population, 1978-2017 35,000 28,980 30,000 20,000 15,000 10,000 5,835 5,000 0 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 2010 2011 2012 2013 2014 2015 2016 2017 Population 25,000 Source: U.S. Department of Justice, Bureau of Justice Statistics, National Prisoner Statistics Program 11 Community Supervision Population Added Nearly 30,000 Since 1994 Tennessee Community Supervision Population, 1994-2016 90,000 80,000 74,701 70,000 50,000 45,987 40,000 30,000 20,000 10,000 Source: U.S. Department of Justice, Bureau of Justice Statistics, Annual Probation Survey, Annual Parole Survey 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 Population 60,000 12 Tennessee’s Incarceration Rate is 10% Higher than National Average U.S. and Tennessee State Imprisonment Rate per 100,000 Residents, 1978-2017 500 429 450 390 350 300 250 200 150 100 50 0 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 2010 2011 2012 2013 2014 2015 2016 2017 Imprisonment Rate 400 United States Tennessee Source: U.S. Department of Justice, Bureau of Justice Statistics, National Prisoner Statistics Program 13 Corrections Spending Grew 185% From 1991, Surpassed $1 Billion in FY2018 Tennessee Corrections Expenditures, FY1991-FY2018 $1.20 billion $1.00 billion Expenditures $800 million $600 million $400 million $200 million $0 million 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009 2011 2013 2015 2017 Source: National Association of State Budget Officers, State Expenditure Reports 14 Nearly Half of Individuals Released from Custody Are Arrested Within Three Years 36-Month Recidivism Rate for TN Felony Offenders Released by Release Year, FY2006-FY2014 60% Recidivism Rate 50% 51.3% 47.2% 40% 30% 20% 10% 0% 2006 2007 2008 2009 2010 2011 2012 2013 2014 Release Year Source: TN Department of Correction, Recidivism Rates Dashboard 15 Despite Growing Costs and Increasing Incarceration, Crime Rate Remains Static Violent Crime Rate per 100,000 Residents in Tennessee, 2009-2018 700 600 570.7 568.9 Violent Crime Rate 500 400 300 200 100 0 2009 2010 2011 2012 Source: Tennessee Bureau of Investigation 2013 2014 2015 2016 2017 2018 16 CRIME AND JUSTICE INSTITUTE Admissions CRW USTICE HSTITUTE Diuisionof Community Recount ron Law of Prison Population Growth Admissions Time Served TDOC Population (inf-l3 CE .1 Du. l0" 0? Just-n- Admissions Overview • System Maps • Admissions over time • Admissions by demographics • Admissions by admission type • Admissions by offense type • Admissions by geography 19 Most Law Enforcement Options Result in Arrest Hospital Mobile Outreach Team Crisis Center Criminal Incident Arrest and Booking Pre-arrest Diversion Center (Misdemeanors, Limited Felonies) Release or Treatment Cite and Release (Misdemeanors Only) 20 Limited Diversion Opportunities Once Arrested Recovery Courts Sentencing Arrest and Booking Initial Appearance and Preliminary Hearing Legend: Decision-Making Option Next Step in the Process Community Supervision Guilty Plea Grand Jury Indictment or Presentment Prison and Jail Trial Pretrial Diversion (Misdemeanors) 21 Types of Admission to Prison and Jail • New Commitments: Individuals entering prison or jail as a result of a new felony conviction where they were sentenced to serve at least one year in TDOC custody • Community Supervision Violators: Individuals entering prison or jail as a result of violating a condition of parole or probation, including technical violations as well as reoffending with a new misdemeanor or felony 22 Felony Admissions Declined 14% in Last 10 Years Felony Admissions, FY2009-FY2018 18,000 16,000 15,657 14,892 12,789 14,000 Admissions 12,000 10,000 8,000 6,000 4,000 2,000 0 2009 2010 2011 Source: TN Department of Correction 2012 2013 2014 2015 2016 2017 2018 23 Admissions Declined from Both Community Supervision Violators and New Commitments Felony Admissions by Admission Type, FY2009 vs. FY2018 10,000 9,000 8,000 Admissions 7,000 6,000 5,000 4,000 3,000 2,000 1,000 0 Community Supervision New Commitments 2009 Source: TN Department of Correction 2018 24 Female Admissions Climbed 12% in 10 Years Female Felony Admissions, FY2009-FY2018 3,000 2,441 2,500 2,240 Admissions 2,000 1,995 1,500 1,000 500 0 2009 2010 2011 2012 Source: TN Department of Correction 2013 2014 2015 2016 2017 2018 25 Community Supervision Violators Account for 39% of Prison Admissions Felony Admissions by Admission Type, FY2018 Other 1% Parole 12% New Commitments 60% Probation 20% Community Corrections 7% Source: TN Department of Correction 26 Nearly 5,000 Admitted from Community Supervision Felony Admissions from Community Supervision by Supervision Type, FY2018 3,000 2,498 2,500 Admissions 2,000 1,598 1,500 1,000 849 500 0 Parole Source: TN Department of Correction Probation Community Corrections 27 74% of Felony Admissions for Non-Person Offenses Felony Admissions by Offense Type, FY2018 Person, 26% Non-Person, 74% Source: TN Department of Correction 28 Property Offenses are Most Common Reason for Admission Felony Admissions by Offense Type, FY2018 Other 14% Person 26% Drugs 27% Property 33% Source: TN Department of Correction 29 Eastern Region Counters Statewide Trend by Sending More to Prison Felony Admissions by Region, FY2009 vs. FY2018 6,000 5,000 Admissions 4,000 3,000 2,000 1,000 0 West Middle 2009 Source: TN Department of Correction East 2018 30 Felony Admission Rates Highest Outside Major Metropolitan Areas Felony Admissions by County of Conviction Per 10,000 Residents, FY2018 Source: TN Department of Correction 31 Research on Incarceration and Recidivism Researchers have studied whether incarceration reduces future criminal behavior more than other forms of sanctions Findings: • Bales & Piquero (2012): Found that “overall, imprisonment leads to higher recidivism when compared to a non-incarcerative alternative, i.e., a criminogenic effect of imprisonment” • Spohn and Holleran (2002): Found “no evidence that imprisonment reduced or delayed recidivism, either for felony offenders generally or for drug offenders specifically” • Drake and Aos (2012): Found that technical violators of probation serving a period of confinement (jail or prison) had significantly higher recidivism than offenders sanctioned in the community Source: Bales & Piquero (2012); Spohn & Holleran (2002); Drake & Aos (2012). 32 Key Takeaways • Despite overall admissions declines, the majority of admissions are for non-person offenses and many are the result of community supervision failures • 74% of admissions are for non-person offenses, and property offenses are the most common • Nearly 5,000 admitted last year from community supervision • Admissions have increased in certain areas and for certain types of offenders • Admissions of female offenders grew 12% • Admissions from Eastern Tennessee grew 11% 33 CRIME AND JUSTICE INSTITUTE Time Served CRW USTICE HSTITUTE Divisionof Community Recount ron Law of Prison Population Growth Admissions TDOC Population CE 5-3' .1 a lo" 0? Eo-?v-mw-w Just-n- Time Served Overview • Time served over time • Time served by offense type • Time served by population type • Time served by release type • Sentencing practices • Credit accrual • Release mechanisms 36 Average Time Served Grew 11 Months Average Sentence and Time Served, FY2009 vs. FY2018 90 80 70 Months 60 50 40 11 Months 30 20 10 0 Sentences Time Served 2009 2018 Average sentence length excludes sentences to life imprisonment or death. Source: TN Department of Correction 37 Time Served Increased for All Offense Types Average Time Served by Offense Type, FY2009 vs. FY2018 90 80 70 Months 60 50 15 Months 40 30 9 Months 20 10 0 Non-Person Person 2009 Source: TN Department of Correction 2018 38 Time Served on Drug Offenses Up 32% Average Time Served by Offense Type, FY2009 vs. FY2018 100 90 80 Months 70 60 50 40 14 Months 30 20 10 0 Person Property 2009 Source: TN Department of Correction Drugs Other 2018 39 Time Served for Cocaine Offenses Grew by 63% Average Time Served on Drug Offenses, FY2009 vs. FY2018 100 90 80 Months 70 60 50 40 30 63% Increase 20 10 0 Cocaine Drug Offense Non-Cocaine Drug Offense 2009 Source: TN Department of Correction 2018 40 Time Served in State Prisons Up 14 Months, Locally Sentenced Population Up 10 Months Average Time Served by Population Type, FY2009 vs. FY2018 100 90 80 Months 70 60 50 14 Months Longer 18% Increase 6 Months Longer 16% Increase 10 Months Longer 39% Increase 40 30 20 10 0 TDOC Backup 2009 Source: TN Department of Correction Locally Sentenced 2018 41 Time Served Prior to Release on Parole Up by 20 Months Average Time Served by Release Type, FY2009 vs. FY2018 100 90 80 Months 70 60 50 40 30 7 Months 20 Months Expiration of Sentence Release to Parole 20 10 0 2009 Source: TN Department of Correction 2018 42 Research on Length of Stay and Recidivism Researchers have also examined whether longer periods of incarceration reduce recidivism more than shorter periods Findings: • The most rigorous research studies find no significant effect, positive or negative, of longer prison terms on recidivism • The United States Sentencing Commission (2014): Found no difference in recidivism for federal drug offenders before and after sentence reduction due to the Fair Sentencing Act • Rhodes et al. (2018): Concluded that “prison length of stay can be reduced with minimal effects on recidivism” for federal offenders Note: All federal offenders are placed on supervision upon release. Sources: United States Sentencing Commission (2014); Rhodes, W., Gaes, G. G., Kling, R., & Cutler, C. (2018). 43 Key Takeaways • Despite research findings that longer prison stays do not reduce recidivism more than shorter stays, individuals are serving longer terms of incarceration • Time served has grown 11 months or 23% overall • This is up most notably for drug offenses with time served for cocaine-related offenses up 63% • Parolees now serve 20 months longer before release • Individuals serving until expiration of sentence are now serving 7 months longer in custody • Time served growth also evident for felony offenders sentenced to serve time in local jails 44 Understanding Time Served {Sentence {Credit Accrual {Parole Release if-E' .Lli' -.E 5-3' .1 a non Just-H- Sentencing: Felony Sentencing Class Felony Class Sentence Range Capital Life sentence, Death Class A 15 to 60 years in prison Class B 8 to 30 years in prison Class C 3 to 15 years in prison or jail Class D 2 to 12 years in prison or jail Class E 1 to 6 years in prison or jail 46 Sentencing: Felony Sentencing Grid Criminal History Mitigated Offenders: No priors, no enhancements, and court finds mitigating factors Standard Range I (0-1 prior) Multiple Range II (2-4 priors) (1 prior Class A if current offense is Class A or B ) Persistent Range III (5+ priors) (2 or 3 prior A or B’s if current offense is a Class A or B) Career Offender (6+ priors) (3 or 4 prior Class A or B’s if the current offense is a Felony Class Felony A Felony B Felony C Felony D Felony E The court shall reduce the defendant's statutory Range I minimum sentence by (10%) or reduce the release eligibility date to (20%) of the sentence, or both reductions. 15 – 25 years 8 – 12 years 3 – 6 years 2 – 4 years 1 – 2 years 25 – 40 years 12 – 20 years 6 – 10 years 4 – 8 years 2 – 4 years 40 – 60 years 20 – 30 years 10 – 15 years 8 – 12 years 4 – 6 years 60 years 30 years 15 years 12 years 6 years 47 Sentencing: Felony Sentencing Options Probation Community Corrections Trial Sentencing Hearing Judicial Diversion Community Supervision Recovery Courts Split Sentence Jails Incarceration Prison 48 Sentencing: Alternatives to Incarceration Alternatives Eligibility Probation Eligible if the sentence imposed is ten years or less. Prohibited offenses include sex offenses, violent offenses, and Class B drug offenses. Judicial Diversion Eligible only for first-time offenders who have not previously participated in any diversion programs. Prohibited offenses include sex offenses, offenses involving exploitation of vulnerable persons, DUIs, vehicular assaults, or a Class A or B felony. Community Corrections Eligible for those convicted of a nonviolent felony who are facing an incarceration sentence. Prohibited offenses include offenses against a person, offenses where a firearm was involved, and offenses where there is a pattern of violence. Recovery Courts Eligible for those with a behavioral health need and convicted of a nonviolent or non-sex offense if the district attorney, 49 defense counsel, mental health provider, and judge agree. Courts Shifting Away from Incarceration to Probation, Split Sentences Type of Sentence Issued for All Sentenced Felony Offenders, FY2009 vs. FY2018 Percent of Sentences Issued 70% 60% 50% 40% 30% 20% 10% 0% Incarceration % Probation % 2009 Source: TN Administrative Office of the Courts Split Sentence % 2018 50 Class E Offenses Sentenced to Incarceration At Similar Rates As Higher Felony Classes Sentence Type by Felony Class for All Sentenced Felony Offenders, FY2018 100% Share of Sentences Issued 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Class A Class B Incarceration % N = 577 Class C Probation % N = 3705 Source: TN Administrative Office of the Courts N = 9702 Class D Class E Split Sentence % N = 7558 N = 10,770 51 Class E Offenses Represent Largest Group Sentenced to Prison in FY18 Sentence Type by Felony Class for All Sentenced Felony Offenders, FY2018 5,000 Number of Sentences Issued 4,500 4222 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 0 Class A Class B Incarceration N = 577 Class C Probation N = 3705 Source: TN Administrative Office of the Courts N = 9702 Class D Class E Split Sentence N = 7558 N = 10,770 52 Average Sentence to Incarceration Increased By 6 Months Average Sentence and Time Served, FY2009 vs. FY2018 90 80 70 Months 60 50 6 Months 40 30 20 10 0 Sentences Time Served 2009 2018 *Average sentence length excludes sentences to life imprisonment or death. 53 Sentence Lengths for Drug Offenses Grew More Than 30% Percent Change in Average Sentence Length by Drug and Property Offense Type Between FY2009 and FY2018 Percent Change in Sentence Length 35% 32% 31% 30% 25% 20% 20% 20% 17% 15% 10% 4% 5% 0% Non-Cocaine Drug Offense Cocaine Drug Offense Source: TN Department of Correction Burglary Larceny/ Theft Forgery/ Fraud Arson 54 Opportunities for Credit Accrual 4-8 Good institutional behavior* DAYS 1-8 Satisfactory program performance* DAYS 60 Educational program performance DAYS 60 Intensive residential treatment DAYS 8 DAYS Time served in pretrial confinement* * Earned on a monthly basis 55 Research on Incentives and Rewards Researchers examined steps that can be taken to improve management of prisons and effectively change individuals’ behavior Findings: • Gendreau et al. (2014): Found that contingency management programs “produced marked improvements on indices of institutional adjustment and educational and work-related behaviors” • Drake et al. (2009): Examined the impact of increasing earned credits for nonviolent offenders in Washington and found that recidivism rates of those released early decreased by 3.5% compared to those who stayed in prison for 63 days longer Source: Gendreau, P., Listwan, S. J., Kuhns, J. B., & Exum, M. L. (2014). Washington State Institute for Public Policy, E.K. Drake, R. Barnoski, and S. Aos (2009) 56 Parole System Map Eligibility Factors: • Specific Offense Requirements (100%, 85%, 75%, 60%) • Offender Range (Mitigated – Career) • Classification (Min- Close) Release and Supervision Grant Prison Jail Parole Eligibility Date Initial Hearing and Recommendation by Hearing Official or Parole Board Member Board Votes Individually on Decision Deny Continue 57 Releases to Parole Dropped by More than 1,200 Releases by Type, FY2009 vs. FY2018 6,000 5,000 4,000 37% of Releases Due to Sentence Expiration 3,000 2,000 28% Decrease 1,000 0 Parole Probation/Community Corrections 2009 Source: TN Department of Correction Sentence Expiration 2018 58 24% of Parole Hearings Granted Parole Cases Granted Parole and Grant Rate, FY2015-FY2019 5,000 35% 33% 4,500 29% 4,000 30% 23% 3,500 24% 24% 3,000 20% 2,500 15% 2,000 1,500 10% 1,000 5% 500 0 25% 2015 2016 2017 Cases Granted Parole Source: TN Board of Parole 2018 2019 0% Grant Rate 59 Parole Grants at Initial Hearing Declined By 59% in Five Years Grant Rates at Initial Parole Hearings, FY2015-FY2019 30% 25% 25% 20% 16% 15% 10% 10% 9% 10% 2018 2019 5% 0% 2015 Source: TN Board of Parole 2016 2017 60 Key Takeaways • Longer sentences and declining parole grants are driving the increases in time served • Average sentences increased by 6 months in 10 years and sentences for drug offenses grew by over 30% • Releases to parole declined by more than 1,200 in 10 years, and grant rates at initial parole hearings dropped to 10% in FY2019 • The lowest level felony class is the largest group sentenced to incarceration compared to more serious classes of offenders 61 CRIME AND JUSTICE INSTITUTE Custody Population CRIN USTICE ron Law of Prison Population Growth Admissions TDOC Population (inf-l3 CE .1 Du. l0" 0? Just-n- Incarcerated Population Grew 12% in 10 Years, Adding 3,385 People Tennessee Custody Population, FY2009-FY2018 35,000 30,000 30,799 27,414 Population 25,000 20,000 15,000 10,000 5,000 0 2009 2010 2011 Source: TN Department of Correction 2012 2013 2014 2015 2016 2017 2018 64 Incarcerated Population Growing Older Custody Population by Age, FY2009 vs. FY2018 14,000 12,000 Population 10,000 8,000 6,000 43% Increase 4,000 2,000 0 51% Increase 18-24 25-34 2009 Source: TN Department of Correction 35-49 50 and Over 2018 65 Black Incarceration Rate More than Three Times White Rate Incarceration Rate by Race Per 100,000 Residents, FY2018 1200 1112.9 Incarceration Rate 1000 800 600 447.3 400 345.5 250.5 200 0 77.8 White Black Source: TN Department of Correction Asian Hispanic Native American 66 Mental Health Caseload in TDOC Facilities Increased 26% from FY2016 to FY2019 Mental Health Caseload, FY2016-FY2019 9,000 7,890 8,000 Mental Health Caseload 7,000 7,018 7,288 6,271 6,000 5,000 4,000 3,000 2,000 1,000 - 2016 2017 2018 Individuals diagnosed with substance-use related and addiction disorders are not represented in mental health caseload. Source: TN Department of Correction 2019 67 Serious Persistent Mental Illness Diagnoses in TDOC Facilities Increased in 10 Years TDOC Inmate Population Diagnosed with a Serious Persistent Mental Illness, FY2009-FY2018 5,000 4,500 Diagnosed Population 4,000 3,500 4,334 Serious Persistent Mental Illness diagnoses for FY2018 include Major Depressive Disorders (1,639), Trauma- and StressorRelated Disorders (1,049), Bipolar and Related Disorders (900), Schizophrenia (725), and Neurocognitive Disorders (21). 3,000 2,500 2,000 1,500 1,487 1,000 500 0 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Individuals are identified by the most serious diagnosis received per the Diagnostic and Statistical Manual (DSM) 68 of Mental Disorders. The trends may be impacted due to increased understanding and awareness of mental health diagnosis, an increase in the number of clinicians and changes to the assessment process. Source: TDOC Just Over Half of Incarcerated Population Serving Non-Person Offenses Custody Population by Offense Type, FY2018 Other 9% Drug 22% Person 49% Property 20% Source: TN Department of Correction 69 Population Growth Led by Drug Offenses Custody Population by Offense Type, FY2009 vs. FY2018 18,000 16,000 14,000 Population 12,000 10,000 5% Increase 8,000 6,000 4,000 2,000 0 Person 7% Increase 24% Increase Property Drug 2009 Source: TN Department of Correction Other 2018 70 Over 75% of Class D and E Offenses In for Non-Person Crimes Custody Population by Felony Class and Offense Type, 2019 6,000 5,000 Population 4,000 3,000 2,000 1,000 0 Capital A B Person Source: TN Department of Correction C D E Non-Person 71 Drug Offenses Dominate Felony A and B Non-Person Population Non-Person Custody Population by Felony Class and Offense Type, 2019 4,000 3,500 Population 3,000 2,500 2,000 1,500 1,000 500 0 A B C Property Source: TN Department of Correction Drug D E Other 72 Majority of Custody Population from East are Non-Person Offenses Custody Population by Region and Offense Type, 2019 7,000 6,000 Population 5,000 4,000 3,000 2,000 1,000 0 West Middle Person Source: TN Department of Correction East Non-Person 73 East Leads State in Incarcerating Property Offenders, West in Person Offenders Custody Population by Region and Offense Type, 2019 EAST Population 4,000 MIDDLE 5,000 WEST 6,000 3,000 2,000 1,000 0 Person Property West Source: TN Department of Correction Drug Middle Other East 74 County Incarceration Rates Vary Widely Felony Incarceration Rate per 10,000 Residents by County of Conviction, FY2018 Source: TN Department of Correction 75 Facility Type Map Locally Sentenced in Jail Sentence Under 6 Years or Under 3 Years Depending on Jurisdiction Release Sentencing Hearing Jail Awaiting Transfer / Backup Population Prison 76 1 in 4 Felony Offenders are Held in Jails Custody Population by Facility, FY2018 Locally Sentenced 9% Backup 19% TDOC 72% Source: TN Department of Correction 77 Felony Inmate Population Has Grown in Both State Prisons and Local Jails Custody Population by Facility Held, FY2009-FY2018 35,000 30,000 Population 25,000 Jail 20,000 Prison 15,000 10,000 5,000 0 2009 Source: TN Department of Correction 2018 78 Back-up Jail Population Rises While Locally Sentenced Population Declines Custody Population in Local Facilities, FY2009-FY2018 7,000 6,000 5958 Population 5,000 4,000 3,000 2603 2,000 1,000 0 2009 2010 2011 2012 Backup Source: N Department of Correction 2013 2014 2015 2016 2017 2018 Locally Sentenced 79 Jail Capacity Issues More Prevalent in Middle and East Tennessee Jail Population as Percent of County Jail Capacity, FY2018 Source: TN Department of Correction Note: Available beds and population counts for counties with multiple facilities have been combined for analysis. 80 Research on Facility Type and Recidivism Researchers have evaluated how the place of incarceration relates to recidivism in the context of programming opportunities Findings: • Christensen (2008) noted, “Given the reality of shorter, uncertain incarceration periods, the opportunity for immersion within comprehensive programmatic initiatives within jails is relatively short” • Duwe (2017) concluded that “what is truly important for recidivism outcomes is providing prisoners with access to effective programming” Source: Christensen (2008); Duwe (2017) 81 Recidivism Rates Higher for Those Released from Jail 36-Month Recidivism Rate for Felony Offenders Released in FY2014 60% Recidivism Rate 50% 50.9% 40.6% 40% 30% 20% 10% 0% Jail Source: TN Department of Correction Prison 82 Key Takeaways • Increasing lengths of stay have driven the custody population to grow 12% • Growing number of non-person offenders, led by drug offenders, responsible for custody population growth • More than 75% of low-level felony offenses are non-person • Nearly half of the population held in state prisons has a mental health diagnosis • Substance-related and addiction disorders more than doubled, and serious persistent mental illness cases tripled • A significant number of state inmates are in local jails, many of which are over capacity 83 CRIME AND JUSTICE INSTITUTE Female Population CRW USTICE Diuiqionof Community Remuir Female Incarcerated Population Grew 47% Tennessee Female Custody Population, FY2009-FY2018 4,000 3,481 3,500 3,000 2,500 2,364 2,000 1,500 1,000 500 0 2009 2010 2011 2012 Source: TN Department of Correction 2013 2014 2015 2016 2017 2018 85 Two Thirds of Women In for Non-Person Offenses Female Custody Population by Offense Type, 2019 Person 33% Non-Person 67% Source: TN Department of Correction 86 Over 75% of Female C, D, and E Population In for Non-Person Offenses Female Custody Population by Felony Class and Offense Type, 2019 1000 900 800 Population 700 600 500 400 300 200 100 0 Capital A B Person Source: TN Department of Correction C D E Non-Person 87 Drug Offenses Dominate Female Non-Person Offense Population Female Felony Population by Felony Class and Offense Type, 2019 600 500 Population 400 300 200 100 0 A B C Property Source: TN Department of Correction Drug D E Other 88 Twice as Many Women from East than West Female Custody Population by Region, 2019 1,600 1,400 Population 1,200 1,000 800 600 400 200 0 West Source: TN Department of Correction Middle East 89 Non-Person Offenses Dominate Female Incarcerated Population Female Custody Population by Region and Offense Type, 2019 1,200 1,000 Population 800 600 400 200 0 West Middle Person Source: TN Department of Correction East Non-Person 90 41% of Female Population Are in Local Jails Share of Custody Population by Gender and Facility Type, FY2018 80% 74% Percent of Population 70% 59% 60% 50% 41% 40% 30% 26% 20% 10% 0% Male Female Prison Source: TN Department of Correction Jail 91 Key Takeaways • Tennessee is sending more women to prison than it was a decade ago • Tennessee’s female incarcerated population grew 47% • Majority of incarcerated women were sentenced for drug and property offenses • 41% of Tennessee's incarcerated women are housed in local jails 92 CRIME AND JUSTICE INSTITUTE Community Supervision CRW USTICE Diuiqionof Community Remulr Supervision Revocation Map Felony, Class A Misdemeanor or Zero Tolerance Violation Sanctions Eligible Violation Graduated Sanctions Matrix Revocation and Incarceration Revocation Hearing TDOC Technical Violator Program Continuance Revocation and Sentencing Alternative Revocation and Reinstatement Continue Supervision Prison or Jail Community Supervision No Revocation Reinstatement 94 Community Supervision Population Grew 13% Tennessee Community Supervision Population, FY2009-FY2018 90,000 79,982 80,000 76,704 70,000 67,918 Population 60,000 50,000 40,000 30,000 20,000 10,000 0 2009 2010 2011 Source: TN Department of Correction 2012 2013 2014 2015 2016 2017 2018 95 Nearly 5,000 Admitted for a Community Supervision Violation in FY2018 Admissions from Community Supervision by Supervision Type, FY2018 3,000 2,498 2,500 Admissions 2,000 1,598 1,500 1,000 849 500 0 Parole Source: TN Department of Correction Probation Comm. Corr. 96 More than 50% of Revocations forTechnical Violations Revocations by Cause and Supervision Type, FY2018 3,000 Revocations 2,500 2,000 1,500 1,000 500 0 Parole Probation Technical Revocations Source: TN Department of Correction Community Corrections New Charges 97 Technical Violations Make Up Growing Share of Revocations Technical Revocations as Percent of All Revocations, FY2014-FY2018 80% Percent of Revocations 70% Community Corrections 66% 60% 51% 50% 40% 30% 71% 40% 33% 24% 20% 10% 0% 2014 2015 Source: TN Department of Correction 2016 2017 2018 98 Recidivism Reduction Principles for Community Supervision Researchers have examined what practices are most successful at changing individuals’ behavior and reducing recidivism on community supervision Findings: • Risk, Need, Responsivity: Focus on high risk offenders, target criminogenic needs, address programming barriers • Use sanctions and incentives to respond to behavior • Frontload resources for offenders coming out of custody • Balance supervision with treatment • Monitor quality, fidelity, and outcomes Source: Sperber, Kimberly & Latessa, Edward & Makarios, Matthew. (2013); Kennedy (2006); Nagin & Pogarsky (2001). 99 Tennessee’s Current Supervision Practices Responsivity Factors: There are no formal systems in place to address responsivity barriers to programming and treatment successes. Sanctions: The use of swift, certain, and proportionate sanctions is inconsistent throughout the state and opportunities remain to ensure this best practice is applied more broadly and uniformly across Tennessee. Rewards: There is also no formal structure in place for rewarding positive behavior on probation or parole, including no way to earn time off of the sentence for good behavior or program participation. 100 Tennessee’s Current Supervision Practices Treatment: While probation and parole utilize assessments to determine what types of programming and treatment needs are required for offenders, access to treatment remains a challenge, particularly in the rural areas. Frontload Resources: With a growing population on community supervision, resources within the first days and weeks after release are limited, especially for those released from jails. Quality Control: While criminal justice agencies collect a wide variety of data, inconsistent definitions across agencies and time limit the state's ability to conduct comprehensive analysis. 101 Key Takeaways • Community supervision population has grown 13% in the last decade to over 76,700 individuals • Community supervision violators make up 39% of felony admissions • Just over half of revocations last year were for technical violations • While Tennessee has made great strides in adopting evidence-based practices to reduce recidivism, access is limited across the state 102 CRIME AND JUSTICE INSTITUTE Review CRW .Ex??Ri43 USTICE HSTITUTE Divisionof Community Recount Summary of Trends Admissions Down 14% Time Served Custody Population Up 23% Up 12% D-Mon di Earn-HuF-w NS Summary Takeaways • Overall admissions are down 14%, but admissions of women and admissions from the East are growing • 74% of admissions are for non-person offenses • Nearly 5,000 admitted last year from community supervision • Time served has grown 11 months or 23% overall • Sentences increased by 6 months in 10 years • Individuals are serving 20 months longer before parole release, and 7 months longer before expiration of sentence • Releases to parole declined by more than 1,200 • Grant rate at initial parole hearing declined by 59% • Just 24% of all parole hearings result in decision to grant 105 Summary Takeaways • Custody population grew 12% in 10 years, and female population increased 47% • Increasing numbers of non-person offenders, especially drug offenders, are responsible for growth • Two thirds of women are in custody for non-person offenses • Mental health cases in state prisons doubled • Regional variation in type of cases leading to custody • Twice as many women in custody from East than West • Technical revocations play a significant role • Over 4,000 revocations last year for technical violations 106 Questions/Contact • Contact information: Maura McNamara Phone: 617-529-3654 Email: mmcnamara@crj.org Alison Silveira Phone: 617-733-1437 Email: asilveira@crj.org 107 Disclaimer This project was supported by Grant No. 2015-ZB-BX-K002 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice’s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this presentation are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice. 108