Charge of the Justice Reinvestment Task Force€¦ · 9/23/2016 1 1 Louisiana Data Analysis Part II: Prison Trends Continued Justice Reinvestment Task Force September 23, 2016 2 Pretrial

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Louisiana Data Analysis Part II: Prison Trends Continued

Justice Reinvestment Task ForceSeptember 23, 2016

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Pretrial Population

Charge of the Justice Reinvestment Task Force

• The Justice Reinvestment Task Force is a high-level, inter-branch, and bipartisan group charged with analyzing the drivers of the Louisiana prison population; assessing state sentencing and corrections policy; consulting criminal justice stakeholders; and forging consensus on a comprehensive package of reforms that will accomplish the following three goals as set out in HCR 82:

– Reduce correctional populations and associated criminal justice spending by focusing prison space on serious and violent criminals.

– Hold offenders accountable more efficiently by implementing or expanding research-based supervision and sentencing practices.

– Reinvest savings into strategies shown to decrease recidivism, including improved reentry outcomes.

Introduction

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Pretrial Population

Justice Reinvestment Task Force Schedule

• June 17, 2016: Introduction and National Trends

• August 11, 2016: Data Analysis I: Prison Trends

• September 23, 2016: Data Analysis II: Prison Trends

• October 21, 2016: Data Analysis III

• November 17, 2016: System Assessment

Introduction

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Pretrial Population

Outline

• Review

• Follow-up questions

• DOC file review data

Introduction

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PRISON TRENDS REVIEW

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Pretrial Population

Dramatic Growth in the Imprisonment Rate in Last Three and a Half Decades

Review: Regional Context

Source: Department of Justice, Bureau of Justice Statistics

179

816

0

100

200

300

400

500

600

700

800

900

1,000

197

8

197

9

198

0

198

1

198

2

198

3

198

4

198

5

198

6

198

7

198

8

198

9

199

0

199

1

199

2

199

3

199

4

199

5

199

6

199

7

199

8

199

9

200

0

200

1

200

2

200

3

200

4

200

5

200

6

200

7

200

8

200

9

201

0

201

1

201

2

201

3

201

4

Louisiana Imprisonment Rate per 100,000 Residents, 1978-2014

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Pretrial Population

Louisiana Has Similar, Though Slightly Higher, Crime Rate to Many States in the Region


Source: Federal Bureau of Investigation, Uniform Crime Reports

427 480 541 377 515 498 608 406 482

3,178 3,338 3,4163,281

3,459 3,460 3,0613,019

3,276

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

4,500

Alabama Arkansas Florida Georgia Louisiana SouthCarolina

Tennessee Texas GroupAverage

Total Index Crime Rate per 100,000 Residents by Type, 2014

Violent Property

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Pretrial Population

Admission Rate of Nonviolent Prisoners Much Higher Than States in Region With Similar Crime Rates


50 70 48 40 59 54

109118

307

149

205178

0

50

100

150

200

250

300

350

400

Florida Georgia Louisiana South Carolina Texas Group Average

Prison Admission Rate per 100,000 Residents by Offense Type, 2014

Violent Nonviolent

Source: Department of Corrections statistical reports for each state

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Pretrial Population

86% of Prison Admissions Have A Nonviolent Primary Offense

Review: Admissions

Violent14%

Drug36%

Property31%

Other19%

Admissions by Primary Offense Type, 2015

Source: Louisiana Department of Corrections

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Pretrial Population

81% of Prison Admissions Have No Violent Offenses Associated with Current Admission

Violent Offense Associated w/

Current Admission19%

Drug35%

Property29%

Other17%

Admissions by Offense Type, 2015

Review: Admissions


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Pretrial Population

Revocations Make Up Majority of Admissions, But Share Has Declined in Last Decade

Review: Admissions

9,978 69%

10,3009,65859%

4,53631%

7,3126,755 41%

0

2,000

4,000

6,000

8,000

10,000

12,000

2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

Admissions by Admission Type by Year

Revocation from Supervision Newly Sentenced Prisoner


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Pretrial Population

Newly Sentenced Prison Admissions Up Across All Offense Types

842

1,805

1,057

785

1,348

2,033

1,617 1,700

0

500

1,000

1,500

2,000

2,500

Violent Drug Property Other

Admissions by Offense Type, Newly Sentenced Prisoners, 2006 and 2015

2006 2015

13% increase

117% increase

53% increase

Review: Admissions

60% increase


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Pretrial Population

Top 10 Most Common Crimes at Admission for Newly Sentenced Prisoners Are All Nonviolent

Top 10 Offenses at Admission in 2015, Newly Sentenced Prisoners

Offense 2006 2015 % Change, 2006‐2015

POSSESSION OF SCHEDULE II DRUG 779 641 ‐18%

SIMPLE BURGLARY 278 466 68%

OPERATE VEHICLE WHILE INTOXICATED 218 380 74%

POSSESSION OF FIREARM BY FELON 102 308 202%

DISTRIBUTE SCHEDULE II DRUG 278 262 ‐6%

POSSESS WITH INTENT TO DISTRIBUTE SCHEDULE II DRUG 296 252 ‐15%

POSSESSION OF SCHEDULE I DRUG 100 245 145%

SIMPLE BURGLARY INHABITED DWELLING 83 216 160%

POSSESS WITH INTENT TO DISTRIBUTE SCHEDULE I DRUG 146 209 43%

SEX OFFENDER REGISTRATION VIOLATION 57 201 253%

Review: Admissions


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Pretrial Population

Average Time Served in Prison Has Changed Little in the Last Decade

Review: Time Served

24.9 25

0

5

10

15

20

25

30

2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

Mon

ths

Average Time Served by Year


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Pretrial Population

Time Served Climbing for Some Common Offenses

Time Served (Months) for 10 Most Common Offenses at Admission in 2015, Newly Sentenced Prisoners

Offense 2006 2015 % Change, 2006‐2015

POSSESSION OF SCHEDULE II DRUG 17.9 16.8 ‐6%

SIMPLE BURGLARY 29.7 19.9 ‐33%

OPERATE VEHICLE WHILE INTOXICATED 6 11.3 88%

POSSESSION OF FIREARM BY FELON 35.9 30.6 ‐15%

DISTRIBUTE SCHEDULE II DRUG 32.3 35.3 9%POSSESS WITH INTENT TO DISTRIBUTE SCHEDULE II DRUG 29.6 35 18%

POSSESSION OF SCHEDULE I DRUG 28.1 17 ‐40%

SIMPLE BURGLARY INHABITED DWELLING 29.4 20.5 ‐30%POSSESS WITH INTENT TO DISTRIBUTE SCHEDULE I DRUG 30.9 24.7 ‐20%

SEX OFFENDER REGISTRATION VIOLATION 3.2 14 338%

Review: Time Served


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Proportion of Parole Releases Decreased Over Last Decade

Review: Time Served

Expiration of

Sentence6%

Diminution of

Sentence83%

Parole8%

Other3%

Releases by Release Type, 2006

Expiration of

Sentence6%

Diminution of

Sentence89%

Parole2%

Other3%

Releases by Release Type, 2015


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Pretrial Population

75% of Releases Exit a Local Facility or Transitional Work Program

Review: Time Served

Local Facility63%

Other2%

Private Facility4%

Reentry Center3%

State Prison16%

Transitional Work

Program12%

Releases by Release Facility, 2015


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Pretrial Population

People with Primary Drug or Property Offenses Make Up 40% of Prison Population

Violent45%

Drug24%

Property16%

Other15%

Prison Population by Offense Type, 2015

Review: Prison Population


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Pretrial Population

Revocations from Community Supervision Make Up 43% of Prison Population



Newly Sentenced Prisoner

57%

Revocation from Supervision

43%

Prison Population by Admission Type, 2015

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Pretrial Population

One Quarter of Prisoners Have No Prior DOC Contacts

0 Priors25%

1 Prior19%

2 Priors17%

3-5 Priors28%

More than5 Priors

11%

Prison Population by Prior DOC Contacts, 2015



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Pretrial Population

Prison Population Peaked in 2012 at Roughly 40,000

35,88539,867

36,146

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

40,000

45,000

2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

Prison Population by Year

Review: Recent Trends


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FOLLOW-UP QUESTIONS

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Pretrial Population

Follow-Up Topic: Regional Context

– Regional context

• Crime and incarceration trends over time

Follow-Up Questions

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Pretrial Population

Imprisonment Rate Higher Than States in Region With Similar Crime Rates

633599

513 517

816

429 437

584 566

0

100

200

300

400

500

600

700

800

900

Alabama Arkansas Florida Georgia Louisiana SouthCarolina

Tennessee Texas GroupAverage

Imprisonment Rate per 100,000 Residents, 2014

Follow-Up Questions

Source: Department of Justice, Bureau of Justice Statistics

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Pretrial Population

Most Peer States in Region Saw Reductions in Both Crime and Imprisonment In Past 5 Years

14%

2%

-3%

-8%

-8%

-8%

-11%

-17%

-11%

-17%

-15%

-11%

-11%

-11%

-24%

-14%

-30% -25% -20% -15% -10% -5% 0% 5% 10% 15% 20%

Arkansas

Tennessee

Alabama

Louisiana

Georgia

Florida

Texas

South Carolina

Imprisonment and Crime Rates per 100,000 Residents, 2009-2014

Crime rate change, 2009-2014 Imprisonment rate change, 2009-2014

Follow-Up Questions

Source: Department of Justice, Bureau of Justice Statistics and Federal Bureau of Investigation

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Follow-Up Topic: Habitual Offenders

– Habitual offenders• By parish

• By offense type

• By offense

Follow-Up Questions

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Pretrial Population

People Sentenced Under Habitual Offender Statute Are a Small But Growing Share of Prison Admissions

157

365

0

50

100

150

200

250

300

350

400

450

500

2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

Newly Sentenced Prisoners Convicted Under Habitual Offender Statute by Year

Follow-Up Questions


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Majority of Habitual Offender Admissions Come from Small Number of Parishes

Follow-Up Questions

3

3

3

3

14

50

116

154

0 50 100 150 200

CADDO

E. BATON ROUGE

LAFAYETTE

TANGIPAHOA

WASHINGTON

ST. TAMMANY

JEFFERSON

ORLEANS

Newly Sentenced Habitual Offenders by Parish of Conviction, 2015

3

3

4

6

10

24

33

57

0 50 100 150 200

AVOYELLES

E. BATON ROUGE

WASHINGTON

OUACHITA

ORLEANS

ST. TAMMANY

CADDO

JEFFERSON

Newly Sentenced Habitual Offenders by Parish of Conviction, 2006


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Pretrial Population

Nearly ¾ of Habitual Offender Admissions Have a Primary Drug or Property Offense

Violent14%

Drug38%

Property34%

Other14%

Admissions Sentenced Under Habitual Offender Statute by Offense Type, Newly Sentenced Prisoners, 2015

Follow-Up Questions


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Pretrial Population

Drug Possession Is Most Common Primary Offense for Habitual Offender AdmissionsTop 10 Offenses at Admission for Newly Sentenced Prisoners Convicted Under Habitual Offender Statute

Offense 2015 Admissions

POSSESSION OF SCHEDULE II DRUG 56

SIMPLE BURGLARY 34

POSSESSION OF SCHEDULE I DRUG 23

THEFT 18

POSSESS WITH INTENT TO DISTRIBUTE SCHEDULE II DRUG 17

POSSESSION OF FIREARM BY FELON 17

SIMPLE BURGLARY INHABITED DWELLING 17

POSSESS WITH INTENT TO DISTRIBUTE SCHEDULE I DRUG 14

DISTRIBUTE SCHEDULE II DRUG 9

ILLEGAL POSSESSION OF STOLEN THINGS 8

Follow-Up Questions


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Pretrial Population

Follow-Up Topic: Time Served

– For snapshot prison population

• By offense type

Follow-Up Questions

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Pretrial Population

Average Time Served in Prison Has Changed Little in the Last Decade

24.9 25

0

5

10

15

20

25

30

2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

Mon

ths

Average Time Served by Year

Follow-Up Questions


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Pretrial Population

Average Time Served So Far for Those in Prison Has Increased 27% in Last Decade

56

71.2

0

10

20

30

40

50

60

70

80

2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

Mon

ths

Average Time in Prison So Far For Snapshot Prison Population by Year

Follow-Up Questions


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Pretrial Population

Average Time Served So Far for Those in Prison Has Increased Across All Offense Types

98.8

27.9 23.7 26.1

121.3

31.524.4

31.9

0

20

40

60

80

100

120

140

Violent Drug Property Other

Mon

ths

Average Time in Prison So Far for Snapshot Prison Population by Offense Type, 2006 and 2015

2006 2015

Follow-Up Questions


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Pretrial Population

Follow-Up Topic: Life Sentences

– By age at the time of offense

Follow-Up Questions

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Pretrial Population

People Serving Life Sentences Make Up 13% of Prison Population

Other87%

Life13%

Prison Population by Sentence Type, 2015

Follow-Up Questions


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Pretrial Population

341 Prisoners with a Life Sentence Were Under Age 18 at the Time of Offense

341

1,7931,638

769

254

550

200

400

600

800

1,000

1,200

1,400

1,600

1,800

2,000

Under 18 18-24 25-34 35-44 45-54 55 or Older

Prisoners Serving a Life Sentence by Age at Time of Offense Category, 2015

Follow-Up Questions


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DOC FILE REVIEW

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Pretrial Population

DOC File Review

• Purpose: To acquire data on the elements impacting time served, including pretrial detention, sentence length, and release mechanisms.

• Methodology:– Stratified random sample by offense

• 16 of the most common non-violent offenses at admission in 2015

– Reviewed 762 case files of prisoners released in 2010 and 2015• Gender: 92% male; 8% female

• Race: 59% black; white 40%; 1% other

• Admission type: 55% newly sentenced prisoners; 45% probation revocations

• Release type: 91% diminution of sentence; 4% expiration of sentence; 3% parole; 1% other

• Offense type: 42% drug; 39% property; 19% other

File Review: Description

Source: Louisiana Department of Corrections Files

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Pretrial Population

Good Time and CTRP Credit

How Sentences Are Served

File Review: Description

SentencePretrial

Detention Credit

DOC Time Served

Time Converted

to Supervision

(if applicable) (if applicable)

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Pretrial Population

Average of 6 Months Pretrial Detention Credit for 2015 Sample

Note: Information on pretrial detention credit was only available for 85% of 2015 sample.

File Review: Pretrial Detention Credit

6.3

0

1

2

3

4

5

6

7

2015

Mon

ths

Mean Pretrial Detention Time Credited to Sentence, 2015 File Review Release Sample


42

Pretrial Population

Average Sentence Length for Newly Sentenced Prisoners Increasing

File Review: Sentence Length

44.5

59.7

51.354.4 55.6 54.9

0

10

20

30

40

50

60

70

Newly Sentenced Prisoner Probation Revocation Total

Mon

ths

Mean Sentence Length by Admission Type, 2010 and 2015 File Review Release Sample

2010 2015

22% increase


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Pretrial Population

Median Sentence Length Increased for 4 of 7 Drug Offenses in SampleMedian Sentence Length (Months) by Offense, File Review Release Sample

Offense2010 Sample

(Months)2015 Sample

(Months) % Change, 2010‐2015

POSSESSION OF SCHEDULE I DRUG 36 48 33%

POSSESSION OF SCHEDULE II DRUG 40 36 ‐10%

POSSESSION OF SCHEDULE IV DRUG 36 42 17%

POSSESS WITH INTENT TO DISTRIBUTE SCHEDULE I DRUG 60 60 0%

POSSESS WITH INTENT TO DISTRIBUTE SCHEDULE II DRUG 54 90 67%

DISTRIBUTE SCHEDULE I DRUG 60 60 0%

DISTRIBUTE SCHEDULE II DRUG 45 60 33%



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Pretrial Population

Median Sentence Length Increased for 4 of 9 Property and Other Offenses in SampleMedian Sentence Length (Months) by Offense, File Review Release Sample

Offense2010 Sample

(Months)2015 Sample

(Months) % Change, 2010‐2015

UNAUTHORIZED USE OF MOTOR VEHICLE 30 36 20%

THEFT 36 36 0%

FORGERY 60 36 ‐40%

UNAUTHORIZED ENTRY OF INHABITED DWELLING 24 36 50%

SIMPLE BURGLARY 36 60 67%

SIMPLE BURGLARY INHABITED DWELLING 36 36 0%

OPERATE VEHICLE WHILE INTOXICATED 24 24 0%

SEX OFFENDER REGISTRATION VIOLATION 24 24 0%

POSSESSION OF FIREARM BY FELON 72 90 25%



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Pretrial Population

Nearly One Quarter of 2015 Sample Had a Sentence with Restricted Benefits


No76%

Yes24%

File Review Release Sample by Sentence Benefit Restriction Status, 2015


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Pretrial Population

Majority of 2015 Sample Released Through Good Time or Earned Time

File Review: Release Mechanisms


Expiration of Sentence4%

Diminution of Sentence93%

Parole2%

Other1%

File Review Release Sample by Release Type, 2015

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Pretrial Population

More Than 90% of 2015 Sample Eligible forGood Time

Not Eligible7%

Eligible93%

File Review Release Sample by Good Time Eligibility, 2015



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Over Half of 2015 Sample Received Some CTRP Credit, Up from 1/3 of 2010 Sample


No69%

Yes31%

File Review Release Sample by CTRP Credit Status, 2010

No47%

Yes53%

File Review Release Sample by CTRP Credit Status, 2015


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Pretrial Population

Reentry Center and TWP Releases Most Likely to Have Received CTRP Credit in 2015 Sample


56%

5%

18%

40%

44%

95%

82%

60%

0% 20% 40% 60% 80% 100%

Local Facility

Reentry Center

Transitional Work Program

State Prison

File Review Release Sample by CTRP Credit Status by Facility Type at Release, 2015

No CTRP Credit CTRP Credit


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Pretrial Population

Majority of Those in 2015 Sample with Any CTRP Credit Received Fewer Than 6 Months of Credit


Note: Although the number of programs a prisoner attends may add to more than 360 days of CTRP credit, only the maximum of 360 days will be credited to a prisoner’s sentence.

46

78

4538

28

0

10

20

30

40

50

60

70

80

90

0-3 Months 3-6 Months 6-9 Months 9-12 Months More than one year

File Review Release Sample Receiving CTRP Credit by Months of Credit, 2015


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Pretrial Population

More Than Half of 2015 Sample Was Eligible for Parole


Not Eligible45%Eligible

55%

File Review Release Sample by Parole Eligibility, 2015


52

Pretrial Population

Majority of Those Eligible for Parole Had Eligibility Date within 6 Months of Good Time Date in Sample

No16%

Yes84%

Parole Eligibility Date w/in 6 Months of Good Time Date, 2015 File Review Release Sample



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Pretrial Population

Key Takeaways: File Review

• Average pretrial detention credit was 6 months for 2015 releases in the sample.

• Average sentence length for newly sentenced prisoners increased 22% between 2010 and 2015 releases in the sample.

• Roughly half of the 2015 releases in the sample were eligible for parole.

• Share of releases in sample receiving CTRP credit increased between 2010 and 2015.

File Review

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Questions?

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Pretrial Population

Contact Information

• Laura Bennett

– Office: (202) 552-2028

– Email: [email protected]

• Public Safety Performance Project

– www.pewtrusts.org/publicsafety

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APPENDIX: DEFINITIONS AND DATA NOTES

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Pretrial Population

Definition of Terms

Supervision

• Community supervision– Probation, parole, or good time parole

Offense Type

• Violent crime– Any crime defined as violent in LA R.S. 14:2(B), as well as vehicular

homicide (designated by the Supreme Court as a violent crime), and domestic abuse by burning (designated by statute as a violent crime)

• Primary offense– The offense with the longest sentence length associated with an

inmate’s current prison stay

Appendix

58

Pretrial Population

Definition of Terms: Prior Contact

• Prior DOC contacts include:– Prison sentence in DOC custody

– Probation sentence supervised by DOC

– Felony specialty court sentence

– Parole or good time parole supervision sentence

– Revocation to prison

• Prior DOC contacts do not include:– Arrests

– Participation in DA diversion programs

– Misdemeanor convictions

Appendix

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Pretrial Population

Definition of Terms: Admission Types

• Newly sentenced prisoner– Admitted to prison for a court-ordered felony sentence at the time of

conviction

• Revocation– Admitted to prison for violating the terms of community supervision

• Habitual offender– Person sentenced under Louisiana’s habitual offender statute, which

increases the minimum and maximum penalties for second or subsequent felonies

Appendix

60

Pretrial Population

Definition of Terms: Release Types

• Parole– Released by the Parole Board after serving the statutorily required

portion of the sentence

• Expiration of Sentence– Released to the community after serving full sentence in prison

• Diminution of Sentence– Released to good time parole supervision after earning good time

credits or attending certified treatment and rehabilitation programs

• Other– Released through another mechanism such as commutation of

sentence, court-ordered release, or death

Appendix

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Pretrial Population

Definition of Terms: File Review

• Sentence with restricted benefits– Sentences or portions of sentences that, whether by statute or judicial discretion,

must be served in prison without the benefit of suspension of sentence or regular parole (or some combination of those restrictions)

• CTRP credit– Time that prisoners can earn off their sentence for participation in certified treatment

and rehabilitative programming, including but not limited to basic education, job skill training, values development, and faith-based initiatives

• Pretrial detention credit – Time credited toward a person’s prison sentence, including time served in jail pre-trial

for the controlling offense (the offense that determines the offender’s release date) and any credits designated by the judge, such as time in a substance abuse treatment program

Appendix

62

Pretrial Population

Additional Data Notes

• Data include only individuals convicted of a felony at hard labor and sentenced to serve a period of confinement in DOC custody

• Technical violators who serve a revocation sentence that is capped at 90, 120, or 180 days under Act 402 (2007) or Act 299 (2015) are not included in these data

• Time served calculation does not include pretrial or presentence jail time credited to a prison sentence

Appendix

Documents

Charge of the Justice Reinvestment Task Force€¦ · 9/23/2016 1 1 Louisiana Data Analysis Part II: Prison Trends Continued Justice Reinvestment Task Force September 23, 2016 2 Pretrial