Interim Analyses on Community Corrections March 11, 2009 Dr. Tony Fabelo Director of Research

Interim Analyses on Community Corrections March 11, 2009 Dr. Tony FabeloDirector of Research Marshall ClementJustice Reinvestment Project Director Mike Eisenberg Research Manager Marc PelkaPolicy Analyst

Overview Project Overview Community Corrections Analysis Summary, Next Steps and Upcoming Meetings

Big Picture Impact Prison Operations Address OWI Prison Overcrowding Projected Prison Population Increase State Fiscal Crisis Community Corrections Effectiveness Increased Revocations Pressure on Jails

Six Tracks of Analysis • Prison Population Projection • In Process; • April 7 Meeting 2. Law Enforcement & Public Safety Focus Groups This Week; Further Analysis Pending Prison Overcrowding 3. Community Corrections System Analysis presented today Projected Prison Population Increase Community Corrections Effectiveness 4. Substance Abuse & Mental Health In Process; April 7 Meeting 5. Reentry & Employment Strategies In Process; April 7 Meeting Increased Revocations 6. Mapping Analysis In Process; April 7 Meeting

Pew 1 in 31 Report Just Released

Doing the Math

National Pattern

Wisconsin Statistics

Revocations Drive WI Prison Admissions Revocations (w/ No New Sentence) increased from 50% to 61% of all prison admissions % of prison population incarcerated for a revocation (w/ No New Sentence) increased from 16% to 39%

Revocations (w/ No New Sentence) by Type of Supervision(2000-2007) 2000 2007 Probation Revocations 14% 1,948 2,234 Probation Population -3% 54,385 55,905 Post-Release Supervision Revocations (ES/Parole/MR) 83% 1,842 3,374 Post-Release Population 76% 9,890 17,376

Cost of Revocations (w/ No New Sentence) to Prison *estimated

Persons with Repeat Revocations 61% of people terminated from post-release supervision (discharged or revoked) were revoked before

Supervision Period Has Doubled Length of Prison Admissions w/ New Sentences Post Release Supervision Population 9890 14,052 17,376

Increase in Supervision Length by Offense Length of Prison Admissions w/ New Sentences

Drug Use One Key Factor in Revocations Assessed Drug Use History of Post-Release Supervision Population Assessed Drug Use History of Revoked Population

Mental Health & Reincarceration Rates Assessed Mental Health Status& Two-Year Return to Prison Rates Serious MI 46% Reincarcerated N: 665 MH Need, Not SMI 45% Reincarcerated N: 1,201 No MH Need 39% Reincarcerated N: 5,720

Unemployment Status & Revocation Patterns Employment Status of Post-Release Supervision Population Employed 1 Year 1% Unemployed 71% Unemployable 11% Employed 18% . Employment Status of Revoked Post-Release Population Employed 1 Year 1% Unemployed 68% Unemployable 12% Employed 19% .

Return to Prison Rates Increasing Percent Returned to Prison

Community-Based Services No system to track program quality and outcomes Current number of oversight staff insufficient to assess program quality & outcomes Funding not distributed according to a systematic assessment of the supervised population’s risk/needs

Summary of Findings 1. Revocations to Prison • Revocations to prison increasing • ES revocations for no new sentence driving the increase • Revocations for no new sentence cost $286 million in 2007 • 2. Length of Supervision • Post-release period has doubled since 2000, increasing the supervision population • Length of supervision time now exceeds length of confinement time, reversing pre-TIS trends • Services & Alternatives to Revocation • Funding for community-based programs increased significantly since 2004 • Limited staff to oversee and monitor program quality and effectiveness

Best Practices for Effective Supervision Incentives & Sanctions Reduce Returns to Prison Supervision Strategies Effective Assessment of Risk & Needs • Organization Supports: • Training • Outcome Tracking & Evaluation • Effective Use of Technology Employ Incentives to Encourage Positive Behavior Respond to Violations w/Swift & Certain Sanctions and Appropriate Community-Based Programs Differential Supervision Strategies Based on Results of Assessment Targeting Population to Appropriate Programs Effective Program Strategies Comprehensive Assessment Process with Validated Tools Use of Assessments to Determine Conditions and Supervision Strategies

Wisconsin Observations Incentives & Sanctions Reduce Returns to Prison Supervision Strategies Effective Assessment of Risk & Needs Limited Incentives Available for Satisfactory Compliance and Program Participation Revocation Process Seems Time & Resource Intensive Lengthy Re-confinement Periods Consuming Significant Capacity • Assessment Processes Need to Be Strengthened (DCC Examining) Risk Assessment Disproportionately Classifies Offenders as High Risk Limited Assessment Prior to Sentencing (AIM Pilot) Differentiation of Caseloads by Geography Present Workload System May Need to Be Redirected to Encourage Casework in Line with Evidence-Based Approach Examine Need and Capacity to Provide Increased Access to Community Based Services • Strengthen Organizational Supports: • Outcome Tracking for Program • Deliver Appropriate & Timely Training • Improve Computerization of Key Data and Business Processes

Upcoming Study Will Shed More Light on Observations Kit Van Stelle, UW School of Medicine and Public Health, working with DOC to conduct an in-depth study of cases revoked with no new sentence Examine if criminal behavior and/or new offenses are involved in the case Examine the extent to which graduated responses are utilized Examine racial disparities for revocations with no new sentence

Emerging Justice Reinvestment Framework 1. Strengthen & Improve the Effectiveness of Community Supervision and Services • Need to monitor program effectiveness and allocate funds according to effectiveness • Need to strengthen community corrections strategies and program capacity • 2. Reduce the Number of Revocations & the Cost to Taxpayers • Need to assess availability and adequacy of incentives and sanctions • Need to review supervision length and re-confinement time • Reinvest in Strategies to Increase Public Safety by Reducing Recidivism and Rising Rates of Violent Crime • Examine investments in employment and behavioral health strategies to reduce recidivism • Explore possible strategies highlighted by law enforcement

Next Steps & Upcoming Meetings Bipartisan, inter-branch, bicameral structure • 1 • Analysis • Identify Drivers • Solicit Input from Stakeholders • Map Key Issues • Develop Framework • Identify Policy Options • Estimate Costs & Savings 2 Implementation 3 Accountability April 7: Meeting to review final analysis & framework March 11: Meeting to review progress Mid-April: Meeting to review policy options & cost savings estimates

How Can These CJ Initiatives be Integrated? Criminal Justice Coordinating Councils Assess, Inform, Measure (AIM) County-Funded Human Services Chief Judges Mental Health Task Force Community Justice Act Framework County Jail Reimbursement Treatment Alternative & Diversion Drug & Mental Health Courts

Thank You CONTACT Marc Pelka Policy Analyst (646) 383-5720 mpelka@csg.org

Interim Analyses on Community Corrections March 11, 2009 Dr. Tony Fabelo Director of Research