Racial and Ethnic Disparities in Multnomah County November 2019 W. Haywood Burns Institute for Justice Fairness and Equity The W. Haywood Burns Institute Table of Contents Introduction .................................................................................................................................................. 2 Summary of Key Findings.................................................................................................................................. 5 Multnomah County’s Changing Demographics ................................................................................................ 8 One Day Snapshot Data ................................................................................................................................ 9 Pretrial Jail Snapshot......................................................................................................................................... 9 Trends in Pretrial Jail Snapshot ......................................................................................................................... 9 All Jail Snapshot .............................................................................................................................................. 11 Trends All Jail Snapshot .................................................................................................................................. 11 Jail Bookings ................................................................................................................................................ 13 Average Length of Stay in Jail ......................................................................................................................... 14 Most Serious Offense Associated with Jail Booking ....................................................................................... 16 Seven Key Decision Points in Safety and Justice Challenge ........................................................................ 19 Decision Point 1: Arrest (Case Referrals Received by MCDA)......................................................................... 20 Decision Point 2: Prosecutorial Charging ....................................................................................................... 22 Decision Point 3: Assignment of Counsel ....................................................................................................... 24 Decision Point 4: Releases from Jail (Pretrial) ................................................................................................ 25 Decision Point 5: Case Processing / “Diversion” ............................................................................................. 27 Decision Point 6: Disposition and Sentences .................................................................................................. 29 Decision Point 7: Post – Conviction Supervision / Probation ......................................................................... 36 Conclusion and Next Steps.......................................................................................................................... 39 Appendix A: BI’s Strategy for Using Data to Reduce Racial and Ethnic Disparities .................................... 40 Appendix B: Example of Identifying a Target Population: Decision Point Mapping ................................... 41 MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 1 Page The W. Haywood Burns Institute Introduction The W. Haywood Burns Institute (BI) was established to provide local jurisdictions with practical, proven approaches for promoting equity and reducing racial and ethnic disparities (R.E.D.) in the justice system. For almost two decades, the BI has successfully worked with jurisdictions in more than 40 states to reduce R.E.D. by leading traditional and non-traditional stakeholders through a data-driven, communityinformed and consensus-based process. It is the BI’s experience that local jurisdictions can implement successful and sustainable strategies that reduce justice system involvement for people of color and reduce R.E.D. by examining key decision-making points within the justice system. In coordination with other technical assistance providers and John D. and Catherine T. MacArthur Foundation staff, BI provides technical assistance to sites selected through MacArthur’s Safety and Justice Challenge (SJC) initiative. BI’s technical assistance is focused on enhancing local efforts to reduce racial and ethnic disparities. This technical assistance includes strengthening local collaborative/governance structures, engaging with communities of color most impacted by the criminal justice system and strengthening local data capacity and utilization specific to racial and ethnic disparities. In 2015, Justice System Partners (JSP) produced a report that was published by Multnomah County, “Racial and Ethnic Disparities and the Relative Rate Index (RRI): Summary of Data in Multnomah County.” This report summarized 2014 data from key decision making points collected as part of the Safety and Justice Challenge. The purpose of this report is to provide Multnomah County with updated data on racial and ethnic disparities at key justice system decision making points. The data included in this report should be considered a starting point for understanding whether and to what extent racial and ethnic disparities exist in Multnomah County, not to answer questions regarding why the disparities exist. Methodology and Sources of Data The majority of this analysis is based on data collected by agencies as part of the application process for the Safety and Justice Challenge (SJC). The data include jail “snapshots” and data from seven key decision making points (listed below). In addition, BI requested from Multnomah County data on the number of adults booked into jail, the most serious offenses for which people were booked into jail, and the average length of stay in jail (pretrial and total). For comparison purposes, this report follows a similar format as JSP’s 2015 report about racial and ethnic disparities in Multnomah County. With the exception of one day count or “snapshot” data, a full year of the most recently available data (May 2018-April 2019) were used to compare to 20141. Where possible, the analysis compares people involved at one decision point to the prior decision point (i.e., 1 For ease of reviewing data, timeframe is referred to in charts as 2019. The actual time frame is May 1, 2018 - April 30, 2019 MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 2 Page The W. Haywood Burns Institute Point of Analysis Data Source One Day Count Snapshot of Jail (Total and Pretrial) Multnomah County Sherriff’s Office Total Jail Bookings Multnomah County Sherriff’s Office Jail Length of Stay (Total and Pretrial) Multnomah County Sherriff’s Office Most Serious Offense Associated with Jail Booking Multnomah County Sherriff’s Office Seven Decision Points Collected for Safety and Justice Challenge (SJC) comparing cases issued for prosecution to cases referred for prosecution). Where these data were not available, the analysis includes a “per capita” analysis, comparing people involved in the justice system to the overall adult population in Multnomah County (18 +). Decision Point 1: Arrest Proxy (Referrals Received by MCDA)* Multnomah County District Attorney Decision Point 2: Prosecutorial Charging 2* Multnomah County District Attorney Decision Point 3: Assignment of Counsel* Multnomah County District Attorney Decision Point 4: Releases from Jail Multnomah County Sherriff’s Office Decision Point 5: Case Processing/ Diversion* Multnomah County District Attorney Decision Point 6: Disposition and Sentencing* Multnomah County District Attorney Decision Point 7: Probation* Multnomah County Department of Community Justice In embarking on work to reduce racial and ethnic disparities, it is important to reemphasize that reducing justice system involvement for people of color does not necessarily reduce their relative Reducing R.E.D. is not a quota system or a likelihood (i.e., disparity) of system involvement numbers game. compared to White adults. America’s historical A well-rounded picture of progress will never be captured by legacy of structural inequities contribute to the one measure or metric or by quantitative data alone. It is current overrepresentation of people of color in important to use multiple quantitative and qualitative the justice system. Sites interested in change measures of progress to gauge impact.  These may include raw numbers, proportions, rates per should understand that the consistent overuse of capita, rates per prior decision point, and relative rates the justice system for people of color means that or disparity gap. there are comparably few White adults subject to  They also may include reasons for system involvement or diversion, whether people most impacted by the justice justice system involvement. Consequently, system are included in the decision-making structure, gauging progress by solely focusing on the and whether justice system impacted people believe “relative rate index” can result in overlooking they are being treated fairly, with dignity and respect. both progress and ongoing problems in justice Qualitative data will provide critical insight that is impossible system involvement for people of color. to learn from the numbers alone. * These data reflect decision points that may or may not include jail. These data have been collected as part of the MacArthur Safety and Justice Challenge (SJC) since sites applied. MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 3 Page The W. Haywood Burns Institute When identifying whether and to what extent racial and ethnic disparities exist and in measuring progress, it is important to use multiple metrics. This is true at the macro level (i.e. key decision making points like arrest or jail admissions) and at the micro level (i.e.: target populations like admissions to jail for probation violations or jail admissions for driving with a suspended license). Thus, in the analysis that follows, BI uses multiple metrics to describe justice system involvement for people of color and to measure change in involvement over time: (1) Volume / Counts: Number of people involved in justice system. (2) Rate per Capita: Likelihood of system involvement compared to the population. (3) Rate per prior decision making point: Likelihood of penetrating more deeply into the justice system, compared to the prior decision making point. (4) Disparity Gap (comparing per capita rates): Ratio of rates or relative likelihood of system involvement for people of color per capita compared to White per capita. This analysis is often referred to as a “Relative Rate Index”. (5) Disparity Gap (comparing rates per prior decision making point): Ratio of rates or relative likelihood of system involvement for people of color per prior decision point compared to White per prior decision point. This analysis is often referred to as a “Relative Rate Index”. For any one of these measures, a site may observe progress using one measure, but note that “the problem of disparities is getting worse” using another measure. MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 4 Page The W. Haywood Burns Institute Summary of Key Findings One Day Snapshots of Pretrial Jail in 2014 and 2019 indicate that the likelihood of jail “on any given day” increased for Black and Latino adults, and the relative likelihood of jail for Black and Latino adults compared to White adults (Disparity Gap) increased.  Because the rate of pretrial jail according to the snapshot increased more for Black and Latino adults than it did for White adults, there was an increase in the relative likelihood of pretrial jail for Black and Latino adults. Black adults were 7 times more likely than White adults to be in jail pretrial during the 2014 snapshot, and they were 8.3 times more likely in 2019. Latino adults were 1.5 times more likely to be in jail during the 2014 snapshot, and they were 1.8 times more likely in 2019.  One Day Snapshots of Pretrial Jail in 2014 and 2019 indicate that the likelihood of jail “on any given day” decreased slightly for Native American adults, and the relative likelihood of jail compared to White adults (Disparity Gap) also decreased. One Day Snapshot: Rate of Pretrial Jail (per 1,000 adults in Population) 9 4.8 3.9 4 3 2 1 0.6 0.8 0.6 1.2 1.0 0.2 0.2 2014 2019 1.1 Times More Likely Than White 6 5 One Day Snapshot: Disparity Gap 2014 and 2019 8.3 8 7.0 7 6 5 4 3 2 1.5 1.0 2.1 1.8 1 0.3 1.9 0.4 0 0 2014 2019 2014 2019 2014 2019 2014 2019 2014 2019 2014 2019 2014 2019 2014 2019 White MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 5 Page The W. Haywood Burns Institute Reviewing the cumulative racial and ethnic disparity in 2018/2019 indicates that disparity is most profound at arrest3 for Black adults in Multnomah County. Black adults also have the highest disparity gaps across decision points. Based on rates of justice system involvement per capita:  Black adults in Multnomah County are 4.9 times as likely as White adults to have a case that is received and reviewed by the Multnomah County District Attorney’s (MCDA) Office (a proxy used for arrest in this report). Black adults are 4.8 times as likely as White adults to have a case issued for prosecution, and they are 4.6 times as likely to have a case that ends in a conviction.  Latino adults in Multnomah County are 1.2 times as likely as White adults to have a case that is referred and reviewed by MCDA. Latino adults are 1.3 times as likely as White adults to have a case issued for prosecution, and 1.2 times as likely to have a case that ends in a conviction.  Asian and Pacific Islander (API) and Native American adults are less likely than White adults to have a case processed through the justice system. While the rate at which people of color are involved in the justice system decreased from 2014 to 2019 at several key decision making points, the rate of pretrial jail (based on the one day count) increased for all groups except Native Americans. The disparity gap at several key decision making points also increased.    Total jail rates (based on the one day count) decreased for White and Black adults but increased for Latino, Asian and Pacific Islander, and Native American adults. Total jail disparities increased for Black adults by five percent, Latino adults by 24 percent, Asian and Pacific Islander adults by 29 percent, and Native American adults by 73 percent. Arrest proxy disparities increased for Black adults by 17 percent, Latino adults by nine percent and Native American adults by 350 percent. 3 There were no arrest data available for Multnomah County. Instead a proxy of all cases received and reviewed by the Multnomah County District Attorney’s Office. MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 6 Page The W. Haywood Burns Institute        Rates of cases issues for prosecution decreased for all groups except Native Americans. This held true for per capita rates, as well as rates per cases reviewed. Disparities in cases issued for prosecution (based on per capita rates) increased for Black adults by 17 percent, Latino adults by 18 percent and Native American adults by 800 percent. Disparities in cases issued for prosecution (based on cases reviewed) increased for Black adults by one percent, Latino adults by four percent, Asian and Pacific Islander adults by 11 percent and Native American adults by 37 percent. Rates for cases with a conviction (per capita) decreased by more than 60 percent for all groups except Native American adults, whose conviction rates (per capita) increased by 76 percent. Rates for cases with a conviction (per cases with a disposition) decreased for all groups. Disparities in conviction rates (per capita) increased for Black adults by seven percent, Latino adults by 16 percent and Native American adults by 409 percent. Disparities in conviction rates (per cases with a disposition) decreased for all groups. One Day Count in Jail (Pretrial) Rate change (per capita) One Day Count in Jail (Total) Rate change (per capita) White Black Latino API 5% 25% 24% 31% -3% 19% 18% 25% -8% -9% 6% 11% 49% 5% 24% 29% 73% -16% -21% -56% 305% 17% 9% -40% 350% Change in Disparity (per capita) -14% Change in Disparity (per capita) Rate change (per capita) Arrest Proxy -29% Change in Disparity (per capita) Cases Issued for Prosecution Cases with a Conviction Native American Rate change (per capita) -40% -30% -31% -60% 356% Rate change (per cases reviewed) -17% -16% -13% -7% 14% Change in Disparity (per capita) 17% 18% -20% 800% Change in Disparity (per cases reviewed) 1% 4% 11% 37% Rate change (per capita) -65% -63% -60% -80% 76% Rate change (per cases with a disposition) -7% -18% -11% -15% -40% 7% 16% -44% Change in Disparity (per capita) Change in Disparity (per cases with a disposition) -11% -4% -8% 409% -35% MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 7 Page The W. Haywood Burns Institute Multnomah County’s Changing Demographics Census data indicate that Multnomah County’s demographic make-up is changing. For example, between 1990 and 2018, the number of Black adults (18+) increased by 71 percent; the number of Latino adults increased by 429 percent; and the number of Asian and Pacific Islander adults increased by 219 percent4. The proportion of the adult population that is White decreased from 87 percent in 1990 to 74 percent in 2018, and the proportion of the adult population that is Latino increased from three percent to ten percent. Figure 1: Demographic Shifts in Multnomah County’s Adult Population Multnomah County Adult Population (18+) 150,000 600,000 100% 4% 9% 3% 5% 10% 6% 500,000 75% 100,000 400,000 300,000 50% 50,000 87% 200,000 74% 100,000 25% 0 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 2018 0 Black Latino API Native American White Black 0% White Latino 1990 2018 Native American API Total # % of total # % of total # % of total # % of total # % of total # 1990 Adult Population 389,955 87% 22,375 5% 12,398 3% 19,153 4% 4,333 1% 448,214 2018 Adult Population 487,859 74% 38,169 6% 65,611 10% 61,165 9% 6,175 1% 658,979 % Change 1990-2018 25% 71% 429% 219% 43% 47% 4 Puzzanchera, C., Sladky, A. and Kang, W. (2019). "Easy Access to Juvenile Populations: 1990-2018." Online. Available: https://www.ojjdp.gov/ojstatbb/ezapop/ MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 8 Page The W. Haywood Burns Institute One Day Snapshot Data One day snapshot data are helpful in understanding the number of individuals impacted by justice system decision making on “any given day.” The data below take a snapshot of Multnomah County’s jail population (pretrial and total) on June 30, 2019. In addition, the section includes trends to provide an overview in changes to the likelihood of jail on “any given day” from 2010-2019 as well as the relative likelihood of jail for adults of color compared to white adults. Pretrial Jail Snapshot On a one day snapshot of pretrial jail in Multnomah County on June 30, 2019, people of color were more likely than White adults to be incarcerated pretrial.  For every 1,000 White adults in Multnomah County, there were .6 in pretrial jail;  For every 1,000 Black adults in Multnomah County, there were 4.8 in pretrial jail;  For every 1,000 Latino adults in Multnomah County, there were 1.0 in pretrial jail;  For every 1,000 Asian and Pacific Islander (API) adults in Multnomah County, there were .2 in pretrial jail; and  For every 1,000 Native American adults in Multnomah County, there were 1.1 in jail. Comparing these rates, we note that Black adults were 8.3 times; Latino adults 1.8 times; and Native American adults 1.9 times more likely than White adults to be incarcerated in pretrial jail. Figure 2: Rate and Disparity in Pretrial Jail Snapshot (2019) (per 1,000 adults in Multnomah County) Rate of Pretrial Jail: One Day Snapshot (2019) 4.8 3 1.1 1.0 0.6 0.2 0 White Black Latino API Disparity (2019) 10 Native American Times More Likely Than White 6 8.3 8 6 4 2 1.9 1.8 1.0 0.4 0 White Black Latino API Native American Trends in Pretrial Jail Snapshot According to one day count data on pretrial jail, the rate of pretrial jail “one any given day” has increased; by 33 percent from 2010-2019 and by 15 percent from 2014 to 2019. The one day count rate of jail for Black adults increased more than the increase for White adults, resulting in an increase in the disparity gap or relative likelihood of pretrial for Black adults compared to White adults. For example, for every one white adult held in jail “on any given day” in 2014, there were 7 Black adults in jail; for every one white adult held in jail “on any given day” in 2019, there were 8.3 Black adults in jail. MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 9 Page The W. Haywood Burns Institute Figure 3: Rate and Disparity in Pretrial Jail Snapshot (2010-2014 and 2019) (per 1,000 adults in Multnomah County) 6 4.8 4.5 4.6 5 3.9 3.5 3.3 4 3 1.9 2 1 1.2 0.4 0.5 0.6 0.6 0.6 0.6 1.0 0.7 0.6 1.0 0.8 1.2 1.0 1.2 1.1 0.7 0.3 0.3 0.2 0.2 0.2 0.2 White 7.1 8 Rate of People in Jail (per 1,000 in population) Disparity (Times more likely than White) 8.0 7.7 API 2019 2014 2013 2012 2011 2010 2019 2014 2013 2012 2011 2010 2019 2014 2013 2012 2011 2010 2019 Latino Native American 8.3 7.0 6 Black Latino API 3.3 Native American White Black Latino API Native American Total 2010 455,402 31,926 50,086 43,307 5,676 586,397 2014 475,876 34,552 56,101 51,537 6,012 624,078 2019 487,859 38,169 65,611 61,165 6,175 658,979 2010 187 113 59 13 4 376 2014 265 134 47 9 7 462 2019 286 185 68 14 7 560 2010 0.4 3.5 1.2 0.3 0.7 0.6 2014 0.6 3.9 0.8 0.2 1.2 0.7 2019 0.6 4.8 1.0 0.2 1.1 0.8 % change 2014-2019 5% 25% 24% 31% -3% 15% % change 2010-2019 33% 43% 37% -12% -24% 61% 2010 1 8.6 2.9 0.7 1.7 2014 1 7.0 1.5 0.3 2.1 1 8.3 1.8 0.4 1.9 % change 2014-2019 19% 18% 25% -8% % change 2010-2019 -4% -38% -47% 13% 2019 MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 10 P a g e 2019 2014 1.7 2.1 1.9 2013 2.6 2012 2010 1.7 2019 2014 2013 2012 2011 0.7 0.6 0.4 0.3 0.3 0.4 2010 2019 2014 2013 2012 2010 2019 2014 2013 2012 0 2011 1.6 1.1 1.6 1.5 1.8 1.0 2011 2 2.9 2011 4 2010 Times More Likely Than White 8.6 White Pretrial Jail Snapshot 2014 Black 10 Adult Population 2013 2012 2011 2010 2019 2014 2013 2012 2011 0 The W. Haywood Burns Institute All Jail Snapshot On a one day snapshot of the entire jail population in Multnomah County on June 30, 2019, people of color were more likely than White adults to be incarcerated.  For every 1,000 White adults in Multnomah County, there were 1.3 incarcerated in jail;  For every 1,000 Black adults in Multnomah County, there were 8.2 incarcerated in jail;  For every 1,000 Latino adults in Multnomah County, there were 1.9 incarcerated in jail;  For every 1,000 Asian and Pacific Islander (API) adults in Multnomah County, there were .4 incarcerated in jail; and  For every 1,000 Native American adults in Multnomah County, there were 4.2 incarcerated in jail. Comparing these rates, we note that Black adults were 6.2 times more likely; Latinos 1.5 times more likely; and Native American adults 3.2 times more likely than White adults to be incarcerated in jail on the one day count. Figure 4: Rate and Disparity in All Jail Snapshot (2019) (per 1,000 adults in Multnomah County) 8.2 9 6 3 Disparity (2019) 4.2 1.9 1.3 0.4 0 White Black Latino API Native American Times More Likely Than White Rate of Jail: One Day Snapshot (2019) 8 6.2 6 3.2 4 2 1.5 1.0 0.3 0 White Black Latino API Trends All Jail Snapshot According to one day count data on the entire jail population, the rate of jail “on any given day” has decreased; it has decreased by 17 percent from 2010-2019 and by 9 percent from 2014 to 2019. Combined with data on pretrial snapshot data, these data suggest that the reductions in Multnomah’s total jail population “on any given day” are the result of a reduction in jail sentences rather than the pretrial population. Over the past 10 years (from 2010 to 2019), the reduction in one day count rate of jail for Black adults decreased more significantly than White adults resulting in a decrease in the disparity gap or relative likelihood of jail for Black adults compared to White adults. For every one white adult held in jail “on any given day” in 2010, there were 7.4 Black adults in jail; for every one white adult held in jail “on any given day” in 2019, there were 6.2 Black adults in jail, a 16 percent reduction. Over the past six years (from 2014-2019), the reduction in one day count rate of jail for White adults decreased more significantly than Black adults resulting in an increase in the disparity gap or relative likelihood of jail for Black adults compared to White adults. For every one white adult held in jail “on MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 11 P a g e Native American The W. Haywood Burns Institute any given day” in 2014, there were 5.9 Black adults in jail; for every one white adult held in jail “on any given day” in 2019, there were 6.2 Black adults in jail, a 5 percent increase. Figure 5: Rate and Disparity in All Jail Snapshot (2010-2014 and 2019) (per 1,000 adults in Multnomah County) 8.2 White Black 7.4 Times More Likely Than White 8 6.6 7 6.9 6.3 6 4.2 2.8 Latino API 2019 2014 2013 2012 2011 2010 2019 2014 2013 2012 2011 0.7 0.5 0.6 0.6 0.4 0.4 2010 2010 2019 2014 2013 2012 2011 2010 2019 2014 2013 2012 2011 1.4 1.4 1.5 1.5 1.5 1.3 4.8 4.9 4.6 4.9 2.5 2.9 2.4 1.8 1.9 2019 4.0 2014 9.6 9.1 2013 10.4 2012 9.1 2011 10.4 2010 12 10 8 6 4 2 0 Native American 5.9 6.2 5 4 3 2 3.4 3.5 2.9 1.8 2.0 1.6 1.0 3.1 3.2 3.2 1.8 1.2 1.5 0.5 0.3 0.4 0.4 0.2 0.3 1 White Adult Population Total Jail Snapshot Rate of People in Jail (per 1,000 in population) Disparity (Times more likely than White) Black Latino API Native American White Black Latino API Native American Total 2010 455,402 31,926 50,086 43,307 5,676 586,397 2014 475,876 34,552 56,101 51,537 6,012 624,078 2019 487,859 38,169 65,611 61,165 6,175 658,979 638 730 644 1.4 1.5 1.3 -14% -6% 331 313 313 10.4 9.1 8.2 -9% -21% 202 102 127 4.0 1.8 1.9 6% -52% 29 19 25 0.7 .4 0.4 11% -39% 27 17 26 4.8 2.8 4.2 49% -11% 1227 1182 1138 2.1 1.9 1.7 -9% -17% 7.4 5.9 6.2 5% -16% 2.9 1.2 1.5 24% -49% 0.5 .2 0.3 29% -35% 3.4 1.8 3.2 73% -6% 2010 2014 2019 2010 2014 2019 % change 2014-2019 % change 2010-2019 2010 2014 2019 % change 2014-2019 % change 2010-2019 MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 12 P a g e 2019 2014 2013 2012 2011 2010 2019 2014 2013 2012 2011 2010 2019 2014 2013 2012 2011 2010 2019 2014 2013 2012 2011 2010 0 The W. Haywood Burns Institute Jail Bookings In 2019, people of color were more likely than White adults to be booked into jail. • For every 1,000 White adults in the Multnomah County population, there were 39 booked into jail; • For every 1,000 Black adults in the Multnomah County population, there were 173 booked into jail; • For every 1,000 Latino adults in the Multnomah County population, there were 42 booked into jail; • For every 1,000 API adults in the Multnomah County population, there were 14 booked into jail; • For every 1,000 Native American adults in the Multnomah County population, there were 95 booked into jail. Comparing these rates, we note that Black adults were 4.4 times more likely; Latinos 1.1 times more likely; and Native American adults 2.4 times more likely than White adults to be booked into jail. API adults were less likely than White adults to be booked into jail—for every one White adult booked, there were .3 API adults booked. Figure 6: Rate and Disparity in Jail Bookings (2019) (per 1,000 adults in Multnomah County) Rate of Jail Booking (2019) Times More Likely Than White 175 150 125 100 75 50 25 0 Disparity (2019) 173 95 42 39 14 White Black Latino API Native American 5 4.4 4 3 2.4 2 1.1 1.0 1 0.3 0 White Black Latino API Other Native American White Black Latino API Native American Adult Population 487,859 38,169 65,611 61,165 6,175 Pretrial Jail Snapshot 19,237 6,622 2,752 842 587 48 48 Rate per 1,000 Adults 39 173 42 14 95 - 46 4.4 1.1 .3 2.4 - Disparity (Times more likely than White) Total 658,979 MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 13 P a g e The W. Haywood Burns Institute Average Length of Stay in Jail In 2018/19, people of color had longer lengths of stay in jail (including both pretrial and sentenced) than White adults. Whereas White adults stayed an average of 11.9 days, Black adults stayed an average of 16.8 days; Latino adults stayed an average of 17 days; API adults stayed an average of 13.5 days; and Native American adults stayed an average of 14 days.5 Figure 7: Average Length of Stay in Jail (2019) Days in Jail 0 2 4 6 8 10 White (n=20,489) 12 14 16 18 11.9 Black (n=6,771) 16.8 Latino (n=2,987) 17.0 API (n=740) 13.5 14.0 Native American (n=687) White Black Latino API Native American Average Length of Stay (ALOS) (Days) in Jail (includes all pretrial jail; time served; and all jail pending transfers) 11.9 16.8 17 13.5 14 Number of Individuals Counted for ALOS 20,489 6,771 2,987 740 687 5 Other Total 13.5 180 The data include persons in jail, including those who were ineligible for release based on local, state or federal policy. MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 14 P a g e 31,854 The W. Haywood Burns Institute Pretrial Length of Stay in Jail For every pretrial release type, Black adults have longer lengths of stay in jail. For Release on Own Recognizance (RoR) and Pretrial Supervision releases, Latino adults also have a longer stay in jail. For Releases on Bail, API and Native American adults have a longer stay in jail. Figure 8: Average Length of Stay in Jail Pretrial by Release Type (2019) RoR 0 2 White 4 6 8 10 12 14 1.7 Black 2.5 Latino 1.8 API 1.3 Native… 1.4 Released on Bail 0 2 4 6 8 White 10 12 14 6.5 Black 10.3 Latino 6.4 API 7.0 Native… 12.6 Released on Pretrial Supervision 0 2 4 6 White 10 12 14 5.4 Black 5.9 Latino RoR 8 7.1 API 4.2 Native… 4.3 For every pretrial release type, Black adults have longer lengths of stay in jail. For Release on Own Recognizance (RoR) and Pretrial Supervision releases, Latino adults also have a longer stay in jail. For Releases on Bail, API and Native American adults have a longer stay in jail. Whereas White adults released on RoR stay an average of 1.7 days, Black adults stay an average of 2.5 days. Whereas White adults released on bail stay an average of 6.5 days, Black adults stay an average of 10.3 days. Whereas White adults released on Pretrial Supervision stay an average of 5.4 days, Black adults stay an average of 5.9 days. White Black Latino API Native American ALOS in Jail (Days) 1.7 2.5 1.8 1.3 1.4 Number of Individuals Counted 7,385 2,407 983 295 197 ALOS in Jail (Days) 6.5 10.3 6.4 7.0 12.6 Number of Individuals Counted 687 272 196 43 16 ALOS in Jail (Days) Pretrial Supervision Release Number of Individuals Counted 5.4 5.9 7.1 4.2 4.3 1,917 720 316 81 58 Bail Release Other Total 1.9 80 11,347 11 1,225 7.4 5.6 15 MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 15 P a g e 3,107 The W. Haywood Burns Institute Most Serious Offense Associated with Jail Booking Data from 2019 include the most serious offense6 associated with jail booking. Examining reasons for booking is a critical step in determining where to focus efforts. Reasons for admission to jail were not included in the 2014 report, so Multnomah County has taken an important step forward by providing and now examining the reasons for booking. When reviewing data on offenses associated with bookings, it is useful to use look at the data in a variety of ways: first, broken down by misdemeanor and felony bookings, then by specific offense. Additionally, it is critical to examine volume, proportion, rate and disparity for each most serious offense to determine strategically which offenses are having the most impact on disparities. The stakeholder group can then hone in on those select reasons for booking and determine whether any alternatives to jail can be developed. In 2019, people of color were more likely than White adults to be booked into jail for both misdemeanor and felony charges7. For every 1,000 White adults in the Multnomah County population, there were 18 booked into jail for a misdemeanor and 17 booked for a felony; for every 1,000 Black adults, there were 82 booked into jail for a misdemeanor and 79 booked for a felony. Black adults were 4.6 times more likely to be booked into jail for a misdemeanor and 4.7 times more likely to be booked into jail for a felony than White adults. Figure 9: Rate of Misdemeanor and Felony Bookings (per 1,000 adults in Multnomah County) (2019) Misdemeanor and Felony Bookings 5 0 Misd. Felony Misd. Felony Misd. Felony Misd. Felony Misd. Felony White Black Latino API Native American 2 1.1 1.1 1.0 1 0.4 0.3 0 White Black Adult Population Number of Bookings Rate of Jail Misdemeanor (per 1000 adults in population) Bookings Disparity (Times more likely than White) Felony Bookings Latino Felony 5 Misd. 7 Felony 18 Misd. 20 17 2.5 2.3 3 Felony 18 39 4 Misd. 20 45 Felony 79 60 40 Disparity in Misdemeanor and Felony Bookings 4.6 4.7 Misd. 82 80 Times More Likely Than White 100 Asian Native American White Black Latino API Native American Other 487,859 38,169 65,611 61,165 6,175 8,677 3,117 1,315 449 278 17.8 81.7 20.0 7.3 45.0 28.4 4.6 1.1 0.4 2.5 1.6 Total 658,979 25 Felony 8,236 3,009 1,168 327 243 Rate of Jail (per 1000 adults in population) 16.9 78.8 17.8 5.3 39.4 26.6 4.7 1.1 0.3 2.3 1.6 Disparity (Times more likely than White) 17 13,861 6 Most serious offense means that if an individual had multiple offenses associated with their admission to jail, a hierarchy was applied and only the most serious offense was included in the data. 7 There were a total of 3,207 cases (11% of total 30,068 bookings) that did not have booking category available. MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 16 P a g e 13,000 The W. Haywood Burns Institute Figure 10: Number and Proportion of Most Serious Offense Contributing to Jail Booking in Multnomah County (2019) 3000 2500 261 2000 559 1500 1000 102 156 466 358 1800 1208 500 280 282 1259 112 1081 83 115 72 319 208 266 264 56 92 694 763 643 647 772 120 159 561 0 Unlawful Poss Crim Trespass Parole of Meth. (F) (2nd Degree) Violation (F) (M) White 100% 80% 9% 10% 6% 3% 3% 9% 10% 5% 22% 21% 64% 66% DUI (M) Black Assault Theft Harassment Theft Unlawful Unauthorized (4th Degree) (3rd Degree) (M) (2nd Degree) Possession of use of a (M) (M) (M) Heroin (M) Vehicle (F) Latino 5% API 4% 16% 9% 25% 8% 19% 16% 26% 64% 67% 61% 57% Native American 3% 7% 19% 11% 7% 25% 25% 69% 60% 62% 3% 6% 10% 13% 18% 60% 40% 74% 20% 81% 63% 0% Multnomah Total Booked County into Jail Population (18+) Unlawful Poss Crim Trespass Parole of Meth. (F) (2nd Degree) Violation (F) (M) White Black DUI (M) Assault Theft Harassment Theft Unlawful Unauthorized (4th Degree) (3rd Degree) (M) (2nd Degree) Possession of use of a (M) (M) (M) Heroin (M) Vehicle (F) Latino API Native American In 2019, Unlawful Poss. of Meth. (F) was the most frequent offense contributing to jail bookings, accounting for 9% of all bookings (2,722/30,888). Criminal Trespass in the 2nd Degree (Class C Misdemeanor) was the second most frequent offense contributing to jail bookings, accounting for 6.2% of all bookings (1,874/30,088). Parole Violations were the 3rd most frequent offense contributing to jail bookings, accounting for 6.2% of all bookings (1,867/30,088). Unlawful Poss of Meth. (F) Crim Trespass (2nd Degree) (M) Parole Violation (F) DUI (M) Assault (4th Degree) (M) Theft (3rd Degree) (M) Harassment (M) Theft (2nd Degree) (M) Unlawful Possession of Heroin (F) Unauthorized use of a Vehicle (F) All Other Reasons for Admission Total Booked into Jail White Black Latino API Native American 1800 1208 1259 1081 694 763 643 647 772 561 9809 19237 559 466 358 282 319 208 266 264 92 159 3649 6622 261 102 156 280 112 83 115 72 56 120 1395 2752 54 63 36 94 50 22 31 20 17 26 429 842 45 31 58 21 34 36 23 33 18 26 262 587 Other/ Unknown 3 4 0 3 3 1 1 5 0 4 24 48 Total 2722 1874 1867 1761 1212 1113 1079 1041 955 896 15,478 30,088 MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 17 P a g e The W. Haywood Burns Institute Figure 11: Rate of Jail Booking (per 1,000 adults in Multnomah County) and Disparity of Most Serious Offense (2019) Rate of Jail Booking for Top Offenses* (May 2018-April 2019) 14.6 15 12.2 9.4 10 9.4 3.7 4.0 5 8.4 7.4 7.3 5.0 2.5 1.6 4.3 2.6 2.4 2.2 5.5 5.4 7.0 5.8 6.9 5.3 3.7 3.4 1.4 1.7 1.3 1.8 1.6 1.3 1.3 1.1 4.2 4.2 2.4 2.9 1.6 0.9 1.1 1.8 0 Unlawful Poss Criminal of Meth. Trespass (2nd Degree) Parole Violation White DUI Assault (4th Degree) Black Latino API Theft (3rd Degree) Harassment Theft (2nd Degree) Native American Unlawful Unauthorized Possession of use of a Heroin Vehicle Disparity in Rate of Jail Bookings for Top Offenses* (May 2018-April 2019) 7 5.9 6 5.3 4.9 5 4.0 3.6 4 3 3.6 3.5 3.3 1.9 2 1.1 1 0.6 5.2 1.2 0.9 1.6 1.5 1.3 0.8 0.8 0.5 0 Unlawful Poss Criminal of Meth. Trespass (2nd Degree) Unlawful Poss of Meth. (F) Crim Trespass (2nd Degree) (M) Parole Violation (F) DUI (M) Assault (4th Degree) (M) Theft (3rd Degree) (M) Harassment (M) Theft (2nd Degree) (M) Unlawful Possession of Heroin (F) Unauthorized use of a Vehicle (F) Parole Violation White Rate Disparity Rate Disparity Rate Disparity Rate Disparity Rate Disparity Rate Disparity Rate Disparity Rate Disparity Rate Disparity Rate Disparity DUI Assault (4th Degree) Black Latino Theft (3rd Degree) API Harassment Theft (2nd Degree) Native American Unlawful Unauthorized Possession of use of a Heroin Vehicle White Black Latino API Native American Total 3.7 1 2.5 1 2.6 1 2.2 1 1.4 1 1.6 1 1.3 1 1.3 1 1.6 1.0 1 1.0 14.6 4.0 12.2 4.9 9.4 3.6 7.4 3.3 8.4 5.9 5.4 3.5 7.0 5.3 6.9 5.2 2.4 1.5 4.2 3.6 4.0 1.1 1.6 0.6 2.4 0.9 4.3 1.9 1.7 1.2 1.3 0.8 1.8 1.3 1.1 0.8 0.9 0.5 1.8 1.6 0.9 0.2 1.0 0.4 0.6 0.2 1.5 0.7 0.8 0.6 0.4 0.2 0.5 0.4 0.3 0.2 0.3 0.2 0.4 0.4 7.3 2.0 5.0 2.0 9.4 3.6 3.4 1.5 5.5 3.9 5.8 3.7 3.7 2.8 5.3 4.0 2.9 1.8 4.2 3.7 4.1 2.8 2.8 2.7 1.8 1.7 1.6 1.6 1.4 1.4 MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 18 P a g e The W. Haywood Burns Institute Seven Key Decision Points in Safety and Justice Challenge The Safety and Justice Challenge is engaged in ongoing evaluation regarding the extent to which it is successful in reducing jail incarceration and racial and ethnic disparities. The evaluation tracks changes at seven key decision points in the criminal justice process: (1) arrest (2) prosecutorial charging, (3) assignment of counsel, (4) pretrial release, (5) case processing, (6) disposition or sentencing, and (7) postconviction process. The following section uses the data collected at these seven decision making points. According to a recent SJC Evaluation 8, the theory of change behind the Safety and Justice Challenge acknowledges the complexity of local criminal justice systems and of the approaches to reforming them. The theory of change asserts that local reforms can be documented and spread to produce a national demand for alternative responses to crime through three (3) mutually reinforcing components. 8 Safety and Justice Challenge Evaluation Repot (2015-2017), Center for Courts and Corrections Research Division for Applied Justice Research RTI International. Available: https://www.macfound.org/media/files/RTI_Initiative_Report_2018_12_31_18_Final.pdf MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 19 P a g e The W. Haywood Burns Institute Decision Point 1: Arrest (Case Referrals Received by MCDA) The first decision point focuses on the initial contact with law enforcement and the decision to arrest. Data on actual arrests was not available from Multnomah County. A proxy for arrest was used which represented the number of referrals received and reviewed by the Multnomah County District Attorney’s Office (MCDA). In 2018/19, people of color were more likely than White adults to have a case received for referral. • For every 1,000 White adults in the Multnomah County population, there were 26 cases received; • For every 1,000 Black adults in the Multnomah County population, there were 127 cases received; • For every 1,000 Latino adults in the Multnomah County population, there were 31 cases received; • For every 1,000 API adults in the Multnomah County population, there were 9 cases received; • For every 1,000 Native American adults in the Multnomah County population, there were 24 cases received. With the exception of Native American adults, the rate of case referrals received by MCDA decreased from 2014-2019 across most demographics. The rate decrease for White adults was greater than the rate decrease for Black and Latino adults which resulted in an increase in the relative likelihood of having a referral received for Black and Latino adults. For example, in 2014, Black adults were 4.2 times more likely to have a case referral received by MCDA; in 2019, they were 4.9 times more likely. Figure 12: Rate of Case Referral Received (2014 and 2019) 151.4 150 Rate of Case Referrals Received (per 1,000 in population) Times More Likely Than White 200 126.8 100 50 36.1 39.4 25.7 31.2 19.5 24.3 8.5 6 2019 2014 0 2014 2019 White Adult Population Number of Referrals Received Rate (per 1000 in population) Disparity (times more likely than White) 2014 2019 Black 2014 2019 2014 Latino Asian 2019 6 Disparity in Case Referrals Received 4.9 5 4.2 4 3 2 1.1 1.2 1.0 1 Native American 2014 2019 2014 2019 2014 2019 2014 2019 White Black Black Latino API Native American 2014 475,876 34,552 56,101 51,537 6,012 2019 2014 2019 487,859 17,160 12,538 -27% 36.1 25.7 -29% 1 1 38,169 5,231 4,840 -7% 151.4 126.8 -16% 4.2 4.9 65,611 2,208 2,048 -7% 39.4 31.2 -21% 1.1 1.2 61,165 1,003 519 -48% 19.5 8.5 -56% 0.5 0.3 6,175 36 150 317% 6 24.3 305% 0.2 0.9 17% 9% -40% 350% % change 2014-2019 0.9 0.3 0.2 0 White 2014 2019 % change 2014-2019 2014 2019 0.6 Latino Other/ Unknown Asian Native American Total 624,078 100 753 653% 658,979 25,738 20,848 -19% 41.2 31.6 -23% MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 20 P a g e The W. Haywood Burns Institute In 2019, Black adults with a case referral received by MCDA were less likely than White Adults to receive a citation in lieu of arrest. Whereas 13% of White adults referred received a citation in lieu of arrest, only 9% of Black adults did. Figure 13: Type of Case Referral Received by MCDA (2019) 100% 80% 67% 60% 69% 70% 70% 75% 40% 9% 20% 9% White (n=12,538) Arrest Warrant Black (n=4840) 3% 11% 11% 11% 10% 0% 7% 10% 10% 13% 15% 9% 11% Latino (n=2048) API (n=519) Citation in Lieu of Arrest & Uniform Complaint Direct Present 5% Native American (n=150) Fugitive Probable Cause White Black Latino API Native American Other/ Unknown Total 12,538 4,840 2,048 519 150 753 20,848 Arrest Warrant 1,314 516 184 55 8 42 2,119 Citation in Lieu of Arrest & Uniform Complaint 1,575 415 231 59 23 38 2,341 Direct Present 1,094 468 206 38 5 440 2,251 167 57 14 3 1 5 247 8,388 3,384 1,413 364 113 228 13,890 2019* Total number of referrals received and reviewed by MCDA Fugitive Probable Cause MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 21 P a g e The W. Haywood Burns Institute Decision Point 2: Prosecutorial Charging The next decision point reflects prosecutorial charging. Data were collected on the number of cases issued for prosecution. The data can be approached two different ways. First, the data can be compared to the overall Multnomah County population. Second, the data can be compared to the number of cases received by MCDA. In 2018/19, people of color were more likely than White adults to have a case issued for prosecution. • For every 1,000 White adults in the Multnomah County population, there were 16 cases issued; • For every 1,000 Black adults in the Multnomah County population, there were 77 cases issued; • For every 1,000 Latino adults in the Multnomah County population, there were 20 cases issued; • For every 1,000 API adults in the Multnomah County population, there were 6 cases issued; • For every 1,000 Native American adults in the Multnomah County population, there were 15 cases issued. With the exception of Native American adults, the rate of cases issued decreased from 2014-2019 across most demographics. The rate decrease for White adults was greater than the rate decrease for Black and Latino adults which resulted in an increase in the relative likelihood of having a case issued for Black and Latino adults. For example, in 2014, Black adults were 4.1 times more likely to have a case issued; in 2019, they were 4.8 times more likely. Figure 14: Rate and Disparity of Case Referral Issued for Prosecution (per 1, 000 adults in Multnomah County) 108.9 100 50 Disparity in Cases Issued Rate of Cases Issued for Prosecution (per 1,000 in population) 76.6 26.7 29.3 20.1 14.2 15.9 5.7 3.2 14.6 0 2014 2019 2014 2019 2014 2019 2014 2019 2014 2019 White Adult Population Black Latino 2014 2019 2014 Number of Cases Issued for 2019 Prosecution % change 2014-2019 2014 Rate (per 1000 in 2019 population) % change 2014-2019 2014 Disparity (times more 2019 likely than White) % change 2014-2019 Asian Native American Times More Likely Than White 150 4.8 5 4.1 4 3 2 1.1 1 1.3 1 0.5 0.9 0.3 0.1 0 2014 White 2019 2014 Black 2019 2014 Latino 2019 Asian 2014 Native American White Black Latino API Native American Other/ Unknown 475,876 34,552 56,101 51,537 6,012 624,078 487,859 12,713 7,748 -39% 26.7 15.9 -40% 38,169 3,761 2,923 -22% 108.9 76.6 -30% 4.1 4.8 17% 65,611 1,641 1,318 -20% 29.3 20.1 -31% 1.1 1.3 18% 61,165 731 350 -52% 14.2 5.7 -60% 0.5 0.4 -20% 6,175 19 90 374% 3.2 14.6 356% 0.1 0.9 800% 658,979 18,900 12,628 -33% 30.3 19.2 -37% 35 199 469% 2019 Total MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 22 P a g e The W. Haywood Burns Institute In 2018/19, Black and Native American adults with cases received by MCDA were less likely than White adults to have their cases issued for prosecution; Latino and API adults were more likely to have their cases issued for prosecution.  For every 1,000 cases for White adults received by MCDA, there were 618 issued for prosecution; • For every 1,000 cases for Black adults received by MCDA, there were 604 issued for prosecution; • For every 1,000 cases for Latino adults received by MCDA, there were 644 issued for prosecution; • For every 1,000 cases for API adults received by MCDA, there were 674 issued for prosecution; • For every 1,000 cases for Native American adults received by MCDA, there were 600 issued for prosecution; With the exception of Native American adults, the rate of cases issued for prosecution per cases received and reviewed by MCDA decreased from 2014-2019 across most demographics. Figure 15: Rate of Case Issued for Prosecution (per 1,000 cases received by MCDA) (2014 and 2019) Rate of Cases Issued Per 1,000 Referral 800 740.9 743.2 719 728.8 618.0 527.8 600 603.9 643.6 674.4 600.0 400 200 0 2014 White Black Number of Cases Received by MCDA Number of Cases Issued for Prosecution Rate (per 1000 cases received) Disparity (times more likely than White) Latino API 2019 Native American White Black Latino API Native American Other/ Unknown Total 2014 17,160 5,231 2,208 1,003 36 100 25,738 2019 12,538 4,840 2,048 519 150 753 20,848 % change 2014-2019 2014 2019 % change 2014-2019 2014 2019 % change 2014-2019 2014 2019 -27% 12,713 7,748 -39% 740.9 618.0 -17% 1 1 -7% 3,761 2,923 -22% 719.0 603.9 -16% 0.97 0.98 -7% 1,641 1,318 -20% 743.2 643.6 -13% 1.00 1.04 -48% 731 350 -52% 728.8 674.4 -7% 0.98 1.09 317% 19 90 374% 527.8 600.0 14% 0.71 0.97 653% 35 199 469% 350.0 264.3 -24% -19% 18,900 12,628 -33% 734.3 605.7 -18% 1% 4% 11% 37% % change 2014-2019 MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 23 P a g e The W. Haywood Burns Institute Decision Point 3: Assignment of Counsel Data were also collected on the first known assignment of counsel. This number can be compared to the number of cases accepted for prosecution. In 2019, people of color were more likely than White adults to have Court Appointed Counsel. Ninety-one percent of White adults had court appointed counsel compared to 97 percent of Black adults; 92 percent of Latino adults and 99 percent of Native American adults. Figure 16: First known Assignment of Counsel (2019) 100% 9% 3% 8% 9% 1% 91% 97% 92% 91% 99% White Black Latino API Native American 80% 60% 40% 20% 0% Assigned court-appointed counsel Obtained private counsel The likelihood of having court appointed counsel remained relatively consistent from 2014-2019 across demographics, with people of color consistently more likely to have been assigned court appointed counsel. Figure 17: First known assignment of counsel (2014 compared to 2019) 98% 100% 95% 91% 91% 2014 2019 97% 93% 92% 2014 2019 91% 91% 2014 2019 100% 99% 2014 2019 90% 85% 80% White 2014 2019 Black Latino Asian Native American White Black Latino API Native American Other/ Unknown Total Court Appointed Counsel 2014 8,972 2,847 1,084 508 16 20 13,447 2019 5,895 2,399 988 265 78 142 9,767 Private Counsel 2014 859 48 81 49 - 4 1,041 2019 548 67 82 26 1 15 739 2014 91% 98% 93% 91% 100% 83% 93% 2019 91% 97% 92% 91% 99% 95% 87% Percent Court Appointed) MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 24 P a g e The W. Haywood Burns Institute Decision Point 4: Releases from Jail (Pretrial) Data were captured on all individuals released pretrial, along with how they were released. This data included the number released on their own recognizance (RoR), those released on bail, and those released to pretrial supervision. In 2019, people of color were less likely than White adults to be released on RoR. Seventy-four percent of White adults were released on RoR compared to 71 percent of Black adults; 66 percent of Latino adults, 70 percent of Asian and Pacific Islander adults and 73 percent of Native American adults. Figure 18: Pretrial Release Type (2019) 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 19% 7% 21% 8% 21% 74% White (n=9,989) 13% 19% 10% 21% 6% 71% 66% 70% 73% Black (n=3,399) Latino (n=1,495) API (n=419) Native American (n=271) RoR 2014 Bail Pretrial Supervision Black Latino API Native American Other/ Unknown Total 12,455 3,483 1,430 454 314 18 18,154 # 10,188 2,713 1,108 337 260 15 14,621 % # % # % 82% 867 7% 1,400 11% 78% 275 8% 495 14% 77% 157 11% 165 12% 74% 64 14% 53 12% 83% 19 6% 35 11% 83% 3 17% 81% 1,382 8% 2,151 12% 9989 3399 1495 419 271 106 15,679 7,385 74% 687 7% 1,917 19% 2,407 71% 272 8% 720 21% 983 66% 196 13% 316 21% 295 70% 43 10% 81 19% 197 73% 16 6% 58 21% 80 75% 11 10% 15 14% 11,347 72% 1,225 8% 3,107 20% Total Pretrial Releases RoR 2019 Bail Pretrial Supervision Pretrial Supervision White Total Pretrial Releases RoR Bail # % # % # % MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 25 P a g e The W. Haywood Burns Institute Figure 19: Pretrial Release Type (2014 compared to 2019) Percent of RoR 100% 80% 83% 82% 78% 77% 74% 74% 71% 66% 70% 73% 60% 40% 20% In both 2014 and 2019, a small proportion of pretrial releases were releases on money bail. 0% 2014 White 2019 Black Latino API Native American Percent Release on Money Bail 25% 20% 14% 15% 10% 13% 11% 7% 8% 10% 6% 7% 8% 6% 5% White Black 2019 Latino API Native American Percent of Releases to Pretrial Supervision 25% 19% 20% 15% 21% 21% 19% 14% 12% 12% 11% 11% 10% In both 2014 and 2019, people of color (with the exception of Native American adults) released pretrial were more likely than White adults to be released on money bail. For example, in 2019, 7% of White adults released pretrial were released on money bail compared to 13% of Latino adults and 10% of API adults. From 2014 to 2019, there was an increase in the proportion of pretrial releases that were released to pretrial supervision. 0% 2014 In both 2014 and 2019, the vast majority of pretrial releases are RoR. In both 2014 and 2019, people of color (with the exception of Native American adults) released pretrial were less likely than White adults to be RoR. For example, in 2019, 74% of White adults released pretrial were RoR compared to 71% of Black adults released pretrial. 21% In both 2014 and 2019, people of color released pretrial were more likely than White adults to be released to pretrial supervision. For example, in 2019, 19% of White adults released pretrial were released to pretrial supervision compared to 21% of Black adults released pretrial. 5% 0% 2014 White Black 2019 Latino API Native American MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 26 P a g e The W. Haywood Burns Institute Decision Point 5: Case Processing / “Diversion” Data were collected on the number of individuals diverted. While many jurisdictions across the country consider diversion an alternative to formal case processing, in Multnomah County, for the purposes of data collection for the Safety and Justice Challenge, diversion includes cases that are processed through alternative courts. Diversion data are compared to the total number of cases arraigned9. In 2018/19, people of color are less likely to be diverted than White adults. For example, White adults were 1.3 times more likely than Black adults to be diverted. In 2018/19:  For every 1,000 White adults arraigned, 288 had their case diverted.  For every 1,000 Black adults arraigned, 223 had their case diverted.  For every 1,000 Hispanic adults arraigned, 248 had their case diverted.  For every 1,000 Asian/Pacific Islander adults arraigned, 250 had their case diverted.  For every 1,000 Native Americans, 273 had their case diverted. The rate at which arraigned cases are diverted deceased from 2014-2019 for all groups except Native Americans. Figure 20: Rate of Diversion (per 1,000 cases arraigned) (2014 compared to 2019) 400 300 385 354 331.6 288 260 223 200 200 248.2 250 273 100 0 2014 White Black Number of Cases Arraigned Number of Cases Diverted Rate (per 1000 cases arraigned) Disparity (times more likely than White) 9 Latino API 2019 Native American White Black Latino API Native American Other/ Unknown Total 2014 10,003 2,983 1,324 574 10 30 14,924 2019 7,519 2,862 1,273 340 88 191 12,273 % change 2014-2019 2014 2019 % change 2014-2019 2014 2019 % change 2014-2019 2014 2019 -25% 3,644 2,163 -41% 364.3 287.7 -21% -4% 774 639 -17% 259.5 223.3 -14% 0.7 0.8 -4% 439 316 -28% 331.6 248.2 -25% 0.9 0.9 -41% 221 85 -62% 385 250 -35% 1.1 0.9 780% 2 24 1100% 200 272.7 36% 0.5 0.9 537% 13 49 277% -18% 5,093 3,276 -36% 341.3 176.2 -48% 14% 0% -18% 80% % change 2014-2019 The diversion data only include programs the District Attorney collects data on; a small number of additional programs may be unrepresented. MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 27 P a g e The W. Haywood Burns Institute Note: Diversion data include only cases diverted. Data on eligibility for diversion were unavailable. Thus, the analysis cannot tell us: (1) Whether people of color are more or less likely than White people to be eligible for diversion; (2) Whether eligible people of color are more or less likely than White people to be offered diversion; or (3) Whether people of color offered diversion are more or less likely than White people to enroll/participate in diversion. Figure 21: Proportion within Diversion Types (2019) 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 3% 9% 10% 6% 74% Population 3% 21% 23% 66% 64% 67% Post-Plea Diversion (n=2940) Post Plea Case Community Court (n=983) 23% 19% 61% White Black Latino Asian 1% 6% 2% 9% 10% Arraigned (n=12,207) 2% 7% 10% 14% 12% 67% Total diverted (at any point from filing of charges on) PRE PLEA – LEAD POST PLEA -- DUII DIVERSION POST PLEA – DSP POST PLEA -- CASE COMMUNITY COURT POST PLEA -- NEW STOP COURT POST PLEA --TREATMENT FIRST I & II POST SENTENCING – MCJRP POST SENTENCING --START COURT 21% 24% 1% 2% 10% 14% 20% 69% 56% Post Plea DSP (n=34) 3% 3% 16% 23% 24% Post PleaPost PleaPost Plea Treatment DUI Diversion New Stop First I &II (n=799) Court (n=965) (n=159) Native American 0% 65% 59% PostSentence Diversion (n=332) 73% Post Post Sentencing - Sentencing MCJRP START Court (n=204) (n=128) Other/Unknown White Black Latino API Native American Other/ Unknown Total 2,163 3 538 19 633 109 646 121 94 639 1 97 8 205 38 222 47 21 316 111 7 92 9 65 28 4 85 40 19 2 17 3 4 24 1 17 4 1 1 49 12 17 1 11 4 4 3,276 4 799 34 983 159 965 204 128 MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 28 P a g e The W. Haywood Burns Institute Decision Point 6: Disposition and Sentences Data were collected on the number of cases convicted. These data were compared in two different ways. First, the data were compared to the overall Multnomah County population. Second, the data were compared to the total number of cases with dispositions. In 2018/19, people of color were more likely to have a case that resulted in conviction.  For every 1,000 cases for White adults, there were 5.3 with a conviction.  For every 1,000 cases for Black adults, there were 24.5 with a conviction.  For every 1,000 cases for Latino adults, there were 6.5 with a conviction.  For every 1,000 cases for API adults, there were 1.5 with a conviction.  For every 1,000 cases for Native American adults, there were 4.7 with a conviction. The rate of convictions (per 1,000 cases with a disposition) decreased from 2014 to 2019. For example, for every 1,000 Black adults with a disposition in 2014, 651 were convicted. For every 1,000 Black adults with a disposition in 2019, 536 were convicted. Figure 22: Rate of Cases Convicted (per 1,000 adults in the Population) (2014 compared to 2019) 70 60 50 40 30 20 10 0 66.1 24.5 16.3 15.3 5.3 2014 2019 White Adult Population Number of Cases Convicted Rate (per 1000 in population) Disparity (Times more likely than White) 7.8 6.5 2014 2019 Black 2014 2019 2014 Latino 1.5 2.7 4.7 2019 2014 2019 Asian Times More Likely Than White Rate of Cases Convicted (per 1,000 in population) 5 4.3 Disparity in Convictions 4 3 2 1.1 1 1.2 1 0.5 0.9 0.3 0.2 0 2014 2019 2014 2019 2014 2019 2014 2019 White Native American 4.6 Black Latino White Black Latino API Native American 2014 475,876 34,552 56,101 51,537 6,012 2019 2014 2019 % change 2014-2019 2014 2019 % change 2014-2019 2014 2019 % change 2014-2019 487,859 7,284 2,591 -64% 15.3 5.3 -65% 38,169 2,283 934 -59% 66.1 24.5 -63% 4.3 4.6 7% 65,611 912 428 -53% 16.3 6.5 -60% 1.1 1.2 16% 61,165 401 93 -77% 7.8 1.5 -80% 0.5 0.3 -44% 6,175 16 29 81% 2.7 4.7 76% 0.2 0.9 409% Asian Native American Other/ Unknown Total 624,078 13 56 331% 658,979 10,909 4,131 -62% 17.5 6.3 -64% MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 29 P a g e The W. Haywood Burns Institute In 2018/19, people of color with a disposition were less likely to have their case result in conviction.  For every 1,000 cases for White adults with a disposition, 590 were convicted.  For every 1,000 cases for Black adults with a disposition, 536 were convicted.  For every 1,000 cases for Latino adults with a disposition, 564 were convicted.  For every 1,000 cases for API adults with a disposition, 525 were convicted.  For every 1,000 cases for Native American adults with a disposition, 537 were convicted. The rate of convictions (per 1,000 cases with a disposition) decreased from 2014 to 2019. For example, for every 1,000 Black adults with a disposition in 2014, 651 were convicted. For every 1,000 Black adults with a disposition in 2019, 536 were convicted. Figure 23: Rate of Cases Convicted (per 1,000 cases with Disposition) (2014 compared to 2019) Rate of Cases Convicted (per 1000 with Disposition) 1000 800 888 637 651 635 616 590 600 536 564 537 525 400 200 0 2014 White Number of Cases with Disposition Number of Cases Convicted Rate (per 1000 cases disposed) Disparity (Times more likely than White) 2019 Black Latino API Native American White Black Latino API Native American Other/ Unknown Total 2014 11,439 3,508 1,436 651 18 27 17,079 2019 4,391 1,741 759 177 54 130 7,252 % change 2014-2019 2014 2019 % change 2014-2019 2014 2019 % change 2014-2019 2014 2019 % change 2014-2019 -62% 7,284 2,591 -64% 636.8 590.1 -7% -50% 2,283 934 -59% 650.8 536.5 -18% 1.02 0.91 -11% -47% 912 428 -53% 635.1 563.9 -11% 1 0.96 -4% -73% 401 93 -77% 616 525.4 -15% 0.97 0.89 -8% 200% 16 29 81% 888.9 537 -40% 1.4 0.91 -35% 381% 13 56 331% 481.5 430.8 -11% -58% 10,909 4,131 -62% 638.7 569.6 -11% Data were also collected on sentencing. The sentences captured included prison, jail, probation, conditional discharge10 and monetary judgment. The sentence was compared to the total number of dispositions. 10 Although conditional discharge was a sentence type provided for analysis, this is a temporary status. MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 30 P a g e The W. Haywood Burns Institute There are notable differences in sentence types, with people of color who are convicted more likely to receive a sentence that involves incarceration. For example, for every 1,000 White adults convicted, 63 were sentenced to prison; for every 1,000 Black adults convicted, 71 were sentenced to prison, making convicted Black adults 1.13 times more likely than convicted White adults to receive a sentence of prison. Additionally, for every 1,000 White adults convicted, 341 were sentenced to probation; for every 1,000 Black adults convicted, 296 were sentenced to probation. Figure 24: Rate and Disparity in Sentences (per 1,000 cases with a Conviction (2019) 500 400 271 300 310 287 286 321 341 359 396 296 250 214 200 133 63 100 71 65 44 161 178 166 165 105 87 214 88 0 Prison Jail Probation Conditional Discharge Native API Latino Black White Money Judgment 1.9 2 1 1 Native API Latino Black White Native API Latino Black White Native API Latino Black White Native API Latino Black White 0 1.13 1.0 1 1.14 1.1 1.1 1.2 0.7 1 0.87 1.1 1.3 1.2 1 0.6 1 0.79 1.11 1.0 1.0 0.7 0.7 0.0 0 Prison Jail White Probation Black Latino Asian Conditional Discharge Money Judgment Native American MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 31 P a g e The W. Haywood Burns Institute Changes in Prison Sentence The proportion of convicted adults who are subject to prison increased for White adults from 2014 to 2019 and decreased for people of color. For example, in 2014, for every 1,000 White adults convicted, 54 (5.4%) received a prison sentence. In 2019, for every 1,000 White adults convicted, 63 (6.3%) received a prison sentence. In 2014, for every 1,000 Black adults convicted, 88 (8.8%) received a prison sentence. In 2019, for every 1,000 Black adults convicted, 71 (7.1%) received a prison sentence. Likewise, the relative likelihood of receiving a prison sentence for people of color decreased from 2014 to 2019. For example, in 2014, sentenced Black adults were 1.6 times more likely than White adults to receive a prison sentence. In 2019, Black adults were 1.1 times more likely. Figure 25: Rate and Disparity in Prison Sentences (per 1,000 cases with a Conviction) (2014 and 2019) Rate of Prison (per 1000 convicted) 127 125 88 71 63 54 65 50 44 0 2014 2019 White 2014 2019 Black 2014 2019 Latino 2014 2019 Asian 2014 2019 Native American Times More Likely Than White 140 120 100 80 60 40 20 0 Disparity in Rate of Prison 3 2.3 2 2.3 1.6 1.1 1 1.0 0.9 1 0.7 0.0 0 2014 2019 2014 2019 2014 2019 2014 2019 White Black Latino Asian Native American Changes in Jail Sentence The proportion of convicted adults who are subject to jail increased from 2014 to 2019. For example, in 2014, for every 1,000 Black adults convicted, 259 (26%) received a jail sentence. In 2019, for every 1,000 Black adults convicted, 310 (31%) received a jail sentence. The relative likelihood of receiving a jail sentence increased for people of color from 2014 to 2019. In 2014, sentenced Black adults were slightly less likely than convicted White adults to receive a jail sentence. In 2019, convicted Black adults were 1.1 times more likely than White adults to receive a jail sentence. Figure 26: Rate and Disparity in Jail Sentences (per 1,000 cases with a Conviction) (2014 and 2019) Rate of Jail (per 1000 Convicted) 262 271 310 259 263 287 275 286 313 321 2014 2019 2014 2019 2014 2019 2014 2019 2014 2019 White Black Latino Asian Native American Times More Likely Than White 350 300 250 200 150 100 50 0 Disparity in Rate of Jail 2 1 1 1.0 1.1 1.0 1.1 1.0 1.1 1.2 1.2 0 2014 2019 2014 2019 2014 2019 2014 2019 White Black Latino Asian Native American MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 32 P a g e The W. Haywood Burns Institute Changes in Probation Sentence The proportion of convicted adults who are received a probation sentence increased for White, Latino and API adults, but decreased for Black and Native American adults. For example, in 2014, for every 1,000 Black adults convicted, 341 (34%) received a probation sentence. In 2019, for every 1,000 Black adults convicted, 296 (29.6%) received a probation sentence. Likewise, the relative likelihood of receiving a probation sentence increased from 2014 to 2019 for Latino and API adults and decreased for Black and Native American adults. Figure 27: Rate and Disparity in Probation Sentences (per 1,000 cases with a Conviction (2014 and 2019) 450 400 350 300 250 200 150 100 50 0 327 341 341 296 334 396 359 375 292 214 2014 2019 White 2014 2019 Black 2014 2019 Latino 2014 2019 Asian 2014 2019 Times More Likely Than White Rate of Probation (per 1000 Convicted) Disparity in Rate of Probation 2 1.0 1 0.9 1 1.2 1.1 1.0 1.1 0.9 0.6 0 2014 2019 2014 2019 2014 2019 2014 2019 White Native American Black Latino Asian Native American Changes in Conditional Discharge Sentences The proportion of convicted adults with a conditional discharge decreased from 2014 to 2019, with the exception of Native American adults. For example, in 2014, for every 1,000 Black adults convicted, 172 (17.2%) received a conditional discharge. In 2019, for every 1,000 Black adults convicted, 105 (10.5%) received conditional discharge. The relative likelihood of receiving a conditional discharge decreased for people of color from 2014 to 2019, with the exception of Native American adults. Figure 28: Rate and Disparity in Conditional Discharge Sentences (per 1,000 cases with a Conviction (2014 and 2019) Rate of Conditional Discharge (per 1000 Convicted) Disparity in Rate of Conditional Discharge 300 250 217 199 172 200 142 133 150 105 88 87 100 63 50 0 2014 2019 White 2014 2019 Black 2014 2019 Latino 2014 2019 Asian 2014 2019 Times More likely than White 250 1.9 2 1 1 1.1 0.9 0.8 0.7 0.7 0.7 0.3 0 Native American 2014 2019 2014 2019 2014 2019 2014 2019 White Black Latino Asian MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 33 P a g e Native American The W. Haywood Burns Institute Changes in Money Judgement Sentences The proportion of convicted adults with a money judgement increased from 2014 to 2019. For example, in 2014, for every 1,000 Black adults convicted, 132 (13%) received a money judgement. In 2019, for every 1,000 Black adults convicted, 179 (17%) received a money judgement. The relative likelihood of receiving a money judgement increased for people of color from 2014 to 2019, with the exception of API adults. Figure 29: Rate and Disparity in Conditional Discharge Sentences (per 1,000 cases with a Conviction (2014 and 2019) Money Judgment Money Judgment 250 214.3 200 150 143.7 177.8 160.6 131.9 2 166.3 156.2 164.8 125.3 1.3 125.0 1 1 100 0.9 1.1 0.9 1.0 1.1 1.0 0.9 50 0 0 2014 2019 White 2014 2019 2014 Black Rate (Per 1000 convicted) Jail Probation 2019 Asian 2014 2019 Native American 2014 2019 2014 2019 2014 2019 2014 2019 White Black Latino Asian Native American Other/ Unknown 16 28 81% 2 13 24 331% 5 9 80% 6 6 0% 1 7 600% 1 9 800% 5 23 360% 1 5 400% 62 2 4 15 -76% 50.4 44.0 -13% 274.6 285.7 4% 292.2 395.6 35% 6 200% 125.0 7 75% 0.0 0.0 312.5 321.4 3% 375.0 214.3 -43% 83.3 375.0 350% 416.7 958.3 130% Black Latino API 7,284 2,528 -64% 394 160 -59% 1,900 686 -64% 2,369 861 -64% 1,444 336 -77% 2,283 911 -59% 199 65 -67% 588 282 -52% 772 270 -65% 389 96 -75% 912 415 -53% 115 27 -77% 237 119 -50% 301 149 -50% 128 36 -72% 401 91 -77% 20 4 -80% 109 26 -76% 116 36 -69% 86 8 -91% 2014 1,041 299 113 2019 % change 2014-2019 2014 2019 % change 2014-2019 2014 2019 % change 2014-2019 2014 2019 % change 2014-2019 406 -61% 54.4 63.3 16% 262.2 271.4 3% 326.9 340.6 4% 162 -46% 87.8 71.4 -19% 259.4 309.5 19% 340.5 296.4 -13% 69 -39% 127.5 65.1 -49% 262.7 286.7 9% 333.7 359.0 8% 2014 2019 % change 2014-2019 2014 Prison 2019 % change 2014-2019 2014 Jail 2019 % change 2014-2019 2014 Number of Probation 2019 Sentences % change 2014-2019 2014 Conditional 2019 Discharge % change 2014-2019 Prison Latino 2014 White Number of Cases Convicted Money Judgement 2019 Native American MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 34 P a g e Total 10,909 4,029 -62% 730 256 -65% 2840 1131 -60% 3569 1345 -62% 2049 488 -76% 1521 665 -56% 67.3 63.5 -6% 262.0 280.7 7% 329.2 333.8 1% The W. Haywood Burns Institute 2014 2019 % change 2014-2019 2014 Money 2019 Judgement % change 2014-2019 2014 Prison 2019 % change 2014-2019 2014 Jail 2019 % change 2014-2019 Disparity 2014 (Times More Probation 2019 Likely Than % change 2014-2019 White) 2014 Conditional 2019 Discharge % change 2014-2019 2014 Money Judgement Conditional Discharge 199.3 132.9 -33% 143.7 160.6 12% 1 1 1 1 1 1 1 1 1 1 171.6 105.4 -39% 131.9 177.8 35% 1.6 1.1 -30% 1.0 1.1 15% 1.0 0.9 -16% 0.9 0.8 -8% 0.9 1.1 21% 141.9 86.7 -39% 125.3 166.3 33% 2.3 1.0 -56% 1.0 1.1 5% 1.0 1.1 3% 0.7 0.7 -8% 0.9 1.0 19% 216.6 87.9 -59% 156.2 164.8 6% 0.9 0.7 -25% 1.0 1.1 1% 0.9 1.2 30% 1.1 0.7 -39% 1.1 1.0 -6% 62.5 250.0 300% 125.0 214.3 71% 2.3 83.3 208.3 150% 333.3 291.7 -13% 1.2 1.2 -1% 1.1 0.6 -45% 0.3 1.9 500% 0.9 1.3 53% MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 35 P a g e 189.0 121.1 -36% 140.3 165.1 18% The W. Haywood Burns Institute Decision Point 7: Post – Conviction Supervision / Probation Data were captured on the number of individuals on probation in 2019 as well as the number of probation violations resulting in a jail stay. For all demographics, the likelihood of being placed on probation decreased from 2014 to 2019. However, because the decrease was greater for White adults, there was an increase in the relative likelihood of probation for Black adults. Figure 30: Rate and Disparity of Probation (per 1,000 Adults in Multnomah County (2014 and 2019) 60 49.7 50 39.5 40 30 20 24.3 14.8 13.0 10.9 9.8 10 6.4 21.4 3.6 0 2014 2019 2014 2019 2014 2019 2014 2019 2014 2019 White Adult Population Number of Individuals on Probation Rate (per 1000 adults in the population) Disparity (Times more likely than White) Black Latino Asian Times More Likely Than White Rate of Probation (Per 1000 in Population) Disparity in Rate of Probation 6 5 4 3.4 3.7 3.6 3 2.0 2 1.0 0.9 1 0.9 0.4 0.3 2014 2019 0 2014 White Native American 2019 Black White Black Latino API Native American 2014 475,876 34,552 56,101 51,537 6,012 2019 2014 2019 % change 2014-2019 2014 2019 % change 2014-2019 2014 2019 % change 2014-2019 487,859 7,031 5,298 -25% 14.8 10.9 -26% 38,169 1,716 1,507 -12% 49.7 39.5 -21% 3.4 3.6 8% 65,611 729 641 -12% 13.0 9.8 -25% 0.9 0.9 2% 61,165 331 221 -33% 6.4 3.6 -44% 0.4 0.3 -23% 6,175 146 132 -10% 24.3 21.4 -12% 1.6 2.0 20% 2014 2019 Latino Asian 2014 Other/ Unknown Total 624,078 8 19 138% 2019 Native American 658,979 9,961 7,818 -22% 16.0 11.9 -26% MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 36 P a g e The W. Haywood Burns Institute Black and Native American adults on Probation were more likely than White adults on probation to have a violation that resulted in jail. In 2019:      For every 1,000 White adults on probation, 161 had a violation that resulted in jail. For every 1,000 Black adults on probation, 228 had a violation that resulted in jail. For every 1,000 Latino adults on probation, 150 had a violation that resulted in jail. For every 1,000 API adults on probation, 109 had a violation that resulted in jail. For every 1,000 Native Americans adults on probation, 371 had a violation that resulted in jail. Figure 31: Rate of Violation Resulting in Jail (per 1,000 individuals on probation (2019) 3 371 Times More Likely Than White Rate of Violation resulting in Jail (2019) (per 1000 People on Probation) 400 300 161 150 109 0 Latino API Number of Individuals on Probation Number of violations resulting in jail stay Rate (per 1000 adults on population) Disparity (Times more likely than White) 1.0 0.9 0.7 0 2019 Black 1.4 1 100 White 2.3 2 228 200 Disparity in Rate of Violation Resulting In Jail 2019 2019 2019 2019 White Native American White Black Latino API Native American Other/ Unknown Total 5,298 1,507 641 221 132 19 7,818 851 343 96 24 49 5 1,368 160.6 227.6 149.8 108.6 371.2 263.2 175.0 1.4 0.9 0.7 2.3 In 2019, the vast majority of jail bookings that were a result of probation violations were for technical violations (across all demographic groups)11. Black, API and Native American adults admitted for a probation violation were more likely than White adults to have a new arrest/conviction; Latino adults admitted were more likely than White adults to have a technical violation. In 2019:  For every 100 White adults booked into jail due to a probation violation, 79 were due to a technical violation. 11 Technical violations of probation and parole encompass a large range of behaviors that vary in severity and risk to public safety, including failure to pay supervision fees, failure to attend treatment, possession of a firearm or absconding from supervision. The specific violation behavior that resulted in a jail stay was not captured within the current data. MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 37 P a g e The W. Haywood Burns Institute     For every 100 Black adults booked into jail due to a probation violation, 69 were due to a technical violation. For every 100 Latino adults booked into jail due to a probation violation, 83 were due to a technical violation. For every 100 API adults booked into jail due to a probation violation, 75 were due to a technical violation. For every 100 Native American adults booked into jail due to a probation violation, 67 were due to a technical violation. Figure_: Breakdown of jail bookings due to probation violation (2019) Type of Probaiton Violation leading to Jail 100% 80% 21% 31% 79% 69% 17% 25% 33% 83% 75% 67% Latino API Native American 60% 40% 20% 0% White Black % Tech Number of violations resulting in jail stay Technical Violation New Arrest/ Conviction % Technical % New Arrest/ Conviction % New Arrest/Conviction White Black Latino API Native American Other/ Unknown Total 851 343 96 24 49 5 1,368 676 235 80 18 33 4 1,046 175 108 16 6 16 1 332 79% 69% 83% 75% 67% 80% 76% 21% 31% 17% 25% 33% 20% 24% MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 38 P a g e The W. Haywood Burns Institute Conclusion and Next Steps Having worked in over 100 jurisdictions over two decades, BI continues to see racial and ethnic disparities similar to those in this report. The prevalence and persistence of these disparities undermines the notion of “justice” in our criminal legal system. Given the disparities in Multnomah County highlighted in this report, it is incumbent upon local stakeholders to seek a better understanding of why people of color continue to be systematically harmed by justice system involvement at rates that are disproportionate to their white counterparts. This analysis should be viewed only as a starting point for stakeholders to “dig deeper” and develop reform strategies that promote equity and reduce the racial and ethnic disparities outlined in this report. As a next step in Multnomah County’s disparity reduction efforts, BI recommends that stakeholders continue to develop capacity to answer key questions that BI was unable to answer in this report due to data limitations. Appendices A and B provide additional guidance. The racial and ethnic disparities that exist in the justice system today are symptoms of a system that, from its inception, was a tool of social control for people of color and that continues to disproportionately harm people of color. Applying a data driven process to gain insight into potential system reforms must be understood within this context. Fundamentally, the process must be guided by the “north star” of improving opportunities and life outcomes for people of color. MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 39 P a g e The W. Haywood Burns Institute Appendix A: BI’s Strategy for Using Data to Reduce Racial and Ethnic Disparities The following three steps for using data to reduce racial and ethnic disparities must take place in the right context. A collaborative body consisting of system and community stakeholders must regularly review and deliberate on the data. System stakeholders should share data with community members in order to increase transparency, and allow community partners to provide insight around system improvements. As a whole, the collaborative body must become skilled in posing and answering new data-related questions in order to drive their disparity reduction efforts forward. Training for collaborative members in how to use data is often helpful. Step 1: Understand the extent of disparities. During the initial step, a jurisdiction must identify whether and to what extent disparities exist at various decision making points throughout their criminal justice system. BI suggests that jurisdictions consider multiple metrics (not only the Relative Rate Index in isolation) to understand the extent of disparities. Throughout this report, we have included raw numbers, proportions, rates and relative rates (which we also call the “disparity gap”) to identify disparities. Step 2: Select target populations, dig deeper, and implement changes to policy and practice. In BI’s experience, stakeholders can achieve significant reductions in R.E.D. by implementing policy solutions that focus on specific target populations. The solutions for each target population vary, but the work to reduce disparities become more feasible when focusing on discrete populations. Analysis should focus on structural barriers, particularly policies and practices that may unintentionally exacerbate inequities. A systems analysis helps stakeholders identify solutions by considering the context in which internal policies result in barriers to positive outcomes for people of color in contact with the justice system. Step 3: Measure progress in the implementation of strategies to reduce R.E.D. Once new policies and practices are implemented or piloted (or existing ones modified), measuring progress is critical. Without clear objectives and a process in place to measure progress, stakeholders will not be able to fully understand whether a specific strategy is having the intended impact. Monitoring interventions is also useful in order to document success and share strategies with others in the field. BI recommends monitoring specific target populations as well as broader metrics such as raw numbers and rates of system contact. As changes in each target population become apparent, the process for selecting additional target populations and developing new strategies to reduce disparities begins again. Stakeholders should institutionalize a process of utilizing data as part of the reform work. MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 40 P a g e The W. Haywood Burns Institute Appendix B: Example of Identifying a Target Population: Decision Point Mapping BI uses multiple strategies to identify a “target population” for reducing justice system involvement for people of color. The table below may be helpful in identifying a target population through a decision point mapping process. Decision point analysis identifies key decision makers, those decision makers’ options, policy and practice around those decision-making options, and key indicators to determine whether policy or practice may contribute to disparities. In the hypothetical example below, the decision-making point analyzed is arrest. A jurisdiction seeking to discover whether disparities exist at the point of arrest must first identify which decision makers have authority over the decision to arrest. In the example, identified decision makers include: law enforcement, probation, and sheriff. The table suggests collecting data on law enforcement’s available options and the policies and practices associated with those options. The same process that was applied in exploring policies and practices for law enforcement agencies’ options may be used to identify disparate treatment in other key decisionmaking points in the justice system. Decision Point Analysis: Hypothetical Example Data To Consider Arrest Decision Makers Law Enforcement Probation Sheriff Decisionmaking Options Divert Arrest: Cite and Release Arrest: Transport to Custody Policy All first time, non-person misdemeanor charges shall be diverted. Practice Not all eligible arrestees are diverted. Statistics What proportion of arrested adults are eligible for diversion? • 54% of arrested White adults were eligible for diversion • 33% of arrested Black adults were eligible for diversion • 51% of arrested Latino adults were eligible for diversion Pretrial Jail Screen What proportion of adults eligible for diversion are diverted? • 76% of eligible White adults were diverted • 42% of eligible Black adults were diverted • 59% of eligible Latino adults were diverted Detention Hearing Filing Decision Digging Deeper with goal of increasing eligibility for Black Adults: • What makes Black adults less likely to be eligible for diversion? • What does an analysis of arrested offenses reveal? Are Black adults more likely to be arrested for felony offenses? • Is there a higher proportion of prior justice system involvement? How long ago? What was the resolution? • What else? Digging Deeper with goal of increasing the proportion of eligible adults diverted. • Do certain neighborhoods have a lower rate of diverting eligible people arrested? • Do certain officers/precincts have a lower rate of diverting eligible people arrested? • What else? MacArthur Safety and Justice Challenge (SJC): Racial and Ethnic Disparities in Multnomah County 41 P a g e W. Haywood Burns Institute