Masssachusetts Department D of Correction Tho omas A. Turco III, Com mmissioner ONE E YEAR RECIDIIVISM RATES: R 22016 REL LEASE C COHOR RT Rhiiana Kohl, PhD, P Executive Directo or, Office off Strategic P Planning an nd Research h Prrepared by: Gina Pa apagiorgakis, Senior Reesearch Anaalyst Sep ptember 2018 INTR RODUCTION N Data preesented herrein represeents recidiviism statisticcs and adm ministrative data for 22,252 criminallly sentenced d inmates relleased to thee communityy from the M Massachusettts Departmeent of Correctio on (MA DO OC) during calendar c yeaar 2016 via expiration of sentence or parole tto the community. Each reelease during g the year iss counted, m making it poossible for oone inmate to be included multiple tim mes1. For th he purposes of this repoort, the MA DOC definnes a recidivvist as any crim minally senten nced inmatee released to o the commuunity from M MA DOC juurisdiction w who is re-incarcerated in a Massachuseetts state, co ounty or a federal faciility for a ccriminal senntence within on ne year of th heir release to the comm munity. Thee data presennted includees informatioon on inmate deemographicss, governing g offense, rellease type, annd sentence informationn. MET THODOLOGY Y Information for this brief was gathered from m the MA D DOC Inmatee Managemeent System ((IMS) and the Massachuset M tts Board of Probation (B BOP). Dataa is derived ffrom inform mation availabble at the time of data colleection. Data is subject to o change in future reporrts as inform mation is upddated. The crim minal activity y of inmates released to the t communnity during 22016 was traacked througgh the Massachu usetts Criminal Justice Information n System (C CJIS) to dettermine anyy re-incarcerration within on ne year of th he inmate’s release to th he communiity. An inm mate can be rre-incarceratted in one of th he following ways: techn nical violatio on of parolee, violation oof parole witth a new offfense, new courrt commitment to a Maassachusetts county, statte facility orr a federal ffacility, techhnical violation n of probatio on, or probation violatio on with new w offense. It is importannt to note thhat an inmate may m be drop pped from th he study for one of variious reasonss, including not having been released directly to the t commun nity upon fu urther examinnation or deeath prior too the close oof the follow-up p period. Reecidivism raates reflect data as of thee date it was collected annd may channge as court info ormation is updated. u OVER RVIEW OF 20 016 RELEASE TO THE CO OMMUNITY POPULATIO ON Demogra aphics  Of O the 2,252 releases, r 1,7 747 (78%) were w male andd 505 (22%)) were femalle.  Twenty-five T percent p of th he inmates were w paroledd to the com mmunity (n=5570), while 1,682 (7 75%) were released via expiration e off sentence.  The T largest number n of reeleases weree Caucasiann/White (n=11,094) follow wed by Hisppanic (n n=564) and African A Am merican/Black k (n=542). T The remainiing releases reported racces of Asian, A Nativee American/A Alaskan Nattive, and Othher (n=52).  The T average age at time of commitm ment to the M MA DOC foor this cohorrt of inmatess was 34 4 years old.  Female inmattes were slig ghtly older than t males aat time of coommitment, 35 years oldd and 33 years old, respectively y.  The T average age a of inmattes at time off release wass 37 years olld. 1 In 2016, there t were 52 inmates i who had multiple relleases on the saame commitmeent number within the calenddar year. 1  Male inmates were older than females at time of release, 38 years of age and 36 years of age, respectively, due to males generally having longer prison sentences. Offense/Sentencing Data  Forty-six percent of the male inmates were serving a governing person offense, followed by drug offense (23%), ‘other’ offense (13%), property offense (12%) and sex offense (7%).  Thirty-one percent of the female releases were serving a governing property offense, followed by person offense (26%), ‘other’ offense (23%), drug offense (18%) and sex offense (2%).  Forty-nine percent of governing drug offenses among releasing inmates carried a mandatory minimum term, including 57% of the male governing drug offenses and 14% of the female governing drug offenses.  The majority of the males (64%) were released from a higher security facility; 48% from a medium security facility and 16% from a maximum security facility. The remaining 36% of the males were released from a lower security facility (minimum or pre-release). 2  The majority of the females were released from a medium security facility (56%), while 44% were released from a lower security facility. TECHNICAL VIOLATIONS 3 A recidivist is defined as any criminally sentenced inmate released to the community from the MA DOC during 2016 who is re-incarcerated for a new sentence or violation of parole or probation to a Massachusetts state, county facility or a federal facility within one year of his/her release. Types of re-incarceration include technical violation of parole, parole violation with a new offense, return to county custody, return to state or federal custody, technical violation of probation, and probation violation with a new offense. An inmate, who is re-incarcerated due to a technical violation of parole or probation, is re-incarcerated for violating the terms of the conditions set forth regarding their release in the community, not for a new arraignment. A nontechnical return would include a parole or probation violation resulting from a new arraignment. When reporting on the recidivism rates for inmates released on probation, it is important to note that an inmate is only deemed a probation violator if they are released from a split sentence; probation violators are mainly county sentenced, thus there are a small number of inmates who can recidivate as a probation violator using that definition. Those who release with a probation term (not a split sentence) and are re-incarcerated are considered new commitments. Table 1, on the following page, provides a comparison of the recidivism rates of inmates released during 2016, including and excluding re-incarcerations for technical violations. In order to calculate the recidivism rate excluding technical violations of parole or probation, the inmate’s first non-technical re-incarceration within one year of their release was used. Please note inmates who were returned for a technical violation were incarcerated for a period of time during the one-year follow up period, diminishing the likelihood of a non-technical return. 2 There is no maximum security facility for female inmates in the MA DOC. Inmates released on parole and/or probation are supervised in the community upon release and can be reincarcerated for violating the terms of their supervision. 2 3 One Year Recidivism Rates Including and Excluding Re-Incarcerations for Technical Violations by Type of Release and Gender Table 1: Recidivism Rates by Release Type and Gender - Excluding Technical Violations of Parole or Probation Males Females Total Number Number Number Release Type Releases Rec Rate Releases Rec Rate Releases Rec Rate Parole to Community 446 29 7% 124 6 5% 570 35 6% Expiration of Sentence 1,301 168 13% 381 41 11% 1,682 209 12% Total Releases 1,747 197 11% 505 47 9% 2,252 244 11% Recidivism Rates by Release Type and Gender - Including Technical Violations of Parole or Probation Males Females Total Release Type Parole to Community Expiration of Sentence Total Releases Number Releases 446 1,301 1,747 Rec 133 168 301 Number Releases 124 381 505 Rate 30% 13% 17% Rec 34 47 81 Rate 27% 12% 16% Number Releases 570 1,682 2,252 Rec 167 215 382 Rate 29% 13% 17% Inmates released to the community with parole conditions are supervised for a period of time while in the community. Paroled inmates who do not adhere to the conditions of their release can have their parole revoked and can be re-incarcerated. A parole revocation can result from technical violation of the terms of release, or can result from the arraignment of a new crime. By virtue of being under supervision in the community an inmate may have a higher likelihood of re-incarceration.  When including technical violations of parole and probation, inmates paroled to the community had a notably higher recidivism rate (29%) than the recidivism rate of inmates released via expiration of sentence (13%). The role of supervision to prevent future criminality suggests a reason for higher rates for paroled inmates with the vast majority of re-incarcerations occurring as a result of a technical violation of parole conditions.  Of the 382 inmates who were recidivists using the definition including technical violations, 145 were re-incarcerated for a technical parole or probation violation. One hundred and thirty-eight were technical parole violations and seven were technical violations of probation.  Of the 145 inmates who returned for a technical violation, seven of them had another return within the one year period that was used when determining the recidivism rate excluding technical violations. This small number is likely due to the fact that most inmates re-incarcerated for a technical violation will remain incarcerated for the one year follow up, thus decreasing the opportunity to re-offend.  Overall, the recidivism rate decreased by six percentage points, from 17% to 11% when excluding technical violations. Inmates paroled to the community decreased from 29% to 6% while releases via expiration of sentence decreased by one percentage point, from 13% to 12%. 3 One Year Recidivism Rates by Post Release Supervision Table 2: Supervision Type Parole Only Probation Only Parole and Probation No Supervision Total Releases Males Number Recidivism Releases Rate 272 29% 702 18% 174 31% 599 7% 1,747 17% Females Number Recidivism Releases Rate 77 30% 133 17% 47 23% 248 10% 505 16% Number Releases 349 835 221 847 2,252 Total Recidivism Rate 29% 18% 29% 8% 17%  Of the 2,252 inmates being released to the community, those being released with parole only or both parole and probation supervision had the highest recidivism rates (29% each), followed by those released with probation only (18%). Those being released with no supervision had the lowest recidivism rate (8%).  Males released on parole and probation had the highest recidivism rate (31%), whereas males being released with no supervision had the lowest recidivism rate (7%).  Females released with parole supervision only had the highest recidivism rate (30%), followed by both parole and probation (23%), and probation only (17%). Those released with no supervision had the lowest recidivism rate (10%). One Year Recidivism Rates by Governing Offense Category and Gender4 Table 3: Offense Category Property Person Other Drug Sex Total Releases 4 Males Number Recidivism Releases Rate 206 29% 795 19% 231 16% 402 11% 113 5% 1,747 17% Females Number Recidivism Releases Rate 157 15% 132 20% 118 10% 89 20% 9 n.a. 505 16% Number Releases 363 927 349 491 122 2,252 Total Recidivism Rate 23% 19% 14% 13% 7% 17%  Male releases with a governing property offense recidivated at a rate of 29%, followed by person offenders (19%), ‘other’ offenders (16%) and drug offenders (11%).  Releases with a governing person or drug offense had the highest recidivism rates for females (20%), followed by property offenders (15%) and ‘other’ offenders (10%). The 2016 female release cohort saw the lowest recidivism rate for property offenders in recent years. For releases where the numeric value was less than 20, recidivism rates were not reported in the table. 4 Figure 1: MA DO OC One Ye ear Recidivvism Rates by Gendeer: 2007‐20 016 30% 27% 24% 25% 22 2%22% 24% 1% 22% 21 20% 20% 19% 19 9% 17% 118%18% 20% 18% 7% 17% 16% 177% 16% 17 15% 10% 5% 0% 2007 2008 2009 2010 2 2011 Male 2012 2013 22014 2015 2016 Femalee 5  The T male reccidivism ratee remained fairly consiistent from 2007 througgh 2010, rannging frrom 22% to o 24%. Theere was a notable n declline from 20010 to 20111, followed by a co ontinued deccrease to a lo ow of 16% in n 2015  The T female recidivism raate saw a steeep decline between 20007 and 20088, dropping from 27% to 22%. Female releases had an n experiencee similar to m males, seeingg a decline iin the reecidivism ratte over the teen year trend d period, andd reaching a low of 16% % in 2016. Figure 2: 2 MA DOC O M One Year Re ecidivism  Rates: 20112‐2016 20% 2 18% 18% % 17% 17% 16% 15% 1 2012 2013 2014 2015 2016 Year  5 Looking L at th he last five yeears, the recidivism rate saw little chhange, ranging from 16% % to 18%. One year recidivism rattes may changee as court inforrmation is updaated and becom mes available. 5 Definitions County Sentence Governing Offense Lower Security Mandatory Drug Offenders Offense Category Race/Ethnicity Recidivism Rate State Prison Sentence Prior to the “Truth in Sentencing” law, if an offender is sentenced to the House of Correction, the term shall be two and a half years or less. Parole eligibility and discharge are based on the maximum term of a sentence. Under the “new” law (enacted in 1994), discharge on this sentence will change because of the elimination of statutory good time. There is no change in the parole eligibility date. With respect to an individual who is incarcerated for multiple offenses, the governing offense is the offense that carries the longest maximum sentence. Lower security includes minimum, pre-release, contract pre-release facilities, and electronic monitoring (ELMO). Inmates serving a governing drug sentence that carries a mandatory minimum term. Offense categories include Person, Property, Sex, Drug, and Other and Offense category represents the inmates governing offense. The race categories self reported and used in this report include: Caucasian, African American/Black, Asian, Hawaiian-Pacific Islander, and American IndianAlaska Native. Inmates who report a Hispanic ethnicity are reported as Hispanic in the race category. Number of inmates re-incarcerated within one year of their release to the community divided by the number of inmates released. Prior to the “Truth in Sentencing” law, if an offender is sentenced to the State Prison, except for life or as a habitual criminal, the court shall not fix the term of imprisonment, but shall fix a maximum and minimum term for which he/she may be imprisoned. The minimum term shall not be less than two and a half years. All sentences that have a finite maximum term are eligible to have the term reduced by statutory good time, except for most sex offenses, crimes committed while confined and certain “mandatory” sentences. In the “new law”, all state sentences have a minimum and a maximum term, unless an inmate is sentenced for life or as a habitual criminal. The minimum term is used to determine parole eligibility, and the maximum term is used to determine discharge. Under both the “old” and “new” sentencing systems, an inmate is discharged from his/her sentence at the expiration of his term, less any statutory or earned good time. Under the “new” system none of the reduction will be attributable to statutory good time. This Research Brief was written by Gina Papagiorgakis, Senior Research Analyst. Any comments or questions can be addressed by e-mail: Research@doc.state.ma.us. Copies of publications from the Research and Planning Division can be found on www.mass.gov/doc. Publication No. 19-261-DOC-01, 6 pgs. – September 2018 Authorized by: Gary Lambert, Assistant Secretary for Operational Services 6