2016

Justice Reinvestment Initiative

rEFORM IN WASHINGTON STATEJohn Boone

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On a national level the Justice Reinvestment Initiative (JRI) has two broad goals. The first

is adjusting sentencing guidelines to reduce prison terms, add post-release supervision and

treatment programs, and ultimately result in substantial savings for state agencies. Second, JRI

calls for reinvesting these savings in underprivileged communities and disadvantaged groups.

Ideally, this would create a virtuous cycle of falling crime, stabilized communities, and savings

for the state in the form of reduced prison populations.

Seventeen states have adopted some form of JRI program. Typically these plans have

been narrower in scope than the idealized initiative outlined above. The proposed reforms in

Washington State are no different. First, they focus exclusively on property crime offenders,

and direct savings toward victims with the rest being absorbed into other state budget

priorities. Similar to the national conception, Washington's proposed JRI would adjust

sentencing guidelines and shift offender populations into supervision, rather than incarceration.

Narrowing the legislative scope of JRI reforms has the benefit of being more politically palatable

to those subscribing to a tough on crime approach to criminal justice. It would also be easier for

Figure 1: JRI States

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state agencies to implement. But this more focused approach does not reduce offender

population by the same extent as original proposals.

The Need for Reform

Washington State has the nation's highest rates of property crime. In 2013 Washington

citizens experienced 3,710 property crimes per 100,000 people, compared to a national average

of 2,699. Moreover, the national rate has been declining, while Washington's remained level.

Washington also utilizes supervision less than the national average. Nationally, states sent 27

percent of offenders to parole or supervision, Washington only sent 10 percent. Property

offenders in Washington have been released from incarceration without supervision since

2003. Recidivism rates are high, between 21 and 31 percent of property offenders are re-

incarcerated within two years of release. As a consequence, prison populations have grown,

currently exceed prison capacity, and are projected to increase even further.

Figure 2: Population projection

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Benefits of Reform

If incarceration trends continue as they have in recent years, Washington State will have

a prison population of 18,542 in 2024. Prison capacity currently stands at 17,423. Without

reform the relentless growth in prison population will necessitate the construction of additional

prison facilities. Construction is estimated to cost the state nearly $200 million by fiscal year

2018. The Council for State Governments (CSG) estimates that implementing JRI reform would

reduce prison populations by nearly 900 people (see figure two). This reduction would keep

offender population in line with current prison capacity, and prevent the need for new

construction. In addition, millions of dollars in operating costs would be saved. Total savings

from 2016 to 2021 are estimated to be nearly $300 million (see figure three for a full

breakdown of savings).

Figure 3: Savings

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Reinvestment

Several Washington counties run victim notification programs. Typically these notify

victims of property crimes the status of the offender, from arrest to release. In 2016, the

funding for this program will run out in three large counties: King, Pierce and Snohomish.

Savings from JRI will be diverted to fund these programs. An additional $2.4 million is directed

toward victim resources, such as compensation for damages and legal expenses. Law

enforcement agencies will be the recipient of $20 million over five years, for the purpose of

preventative policing specifically targeted toward property offenders. Over $60 million is

appropriated to funding the supervision system, including $9.7 million for those offenders who

violate the terms of their supervision and are returned to prison. It must be noted that not all of

the projected savings have been appropriated. Specifically the construction costs are at this

time still hypothetical, and have not yet been reflected in budgets. While averting new

construction would be a significant cost reduction, it would not by itself raise the revenues

necessary to fund supervision. New revenue is needed, although costs of JRI is less than the

costs of the status quo. One last caveat: the proposed reinvestments are not in line with the

original ideology behind the Justice Reform Initiative. Originally, JRI called for investments in

crime ridden and impoverished neighborhoods. Washington's proposed reforms do not directly

do this, although victim compensation and efforts to better offender reintegration would

certainly help these communities. No other state has implemented a model based on JRI's

initial ideal, and it is unclear what such a model would look like in Washington.

The State of Reform

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Second substitute Senate bill 5755 is the most recent attempt to pass JRI legislation in

Washington State. This legislation passed the Senate in 2015 with a 40 to 9 vote, it failed to

pass out of the House and did not come for a vote again in 2016. The legislation followed the

JRI reforms outlined above closely. It provided funding for victim notification programs in King,

Snohomish and Pierce Counties. SSB 5755 altered the Washington's sentencing grid, and

provided supervision and treatment programs for property offenders. The legislation's goal was

to reduce property crime 15 percent by FY 2021.

Washington State's offender grid provides sentencing guidelines for prosecutors and

judges. It consists of two factors: the severity of the offense, and the offender's score. An

offender score is determined by the criminal history of a particular offender. SSB 5755 adjusts

the sentencing grid for property offenders, reducing the average prison time and mandating 18

months of supervision for offenders with a score of two or higher. The legislation's intent was

to reduce the number of nonviolent offenders in Washington prisons, reduce jail overcrowding

and avoid the need for construction of new prison infrastructure. Next, SSB 5755 sought to

reduce recidivism by assigning offenders to supervision or treatment programs. All offenders

with a score higher than 2 were assigned 18 months of supervision. Treatment was intended for

those addicted to drug or alcohol, substance addiction is strongly correlated with recidivism.

Washington's DOC already runs supervision and treatment programs for other offender groups,

and statistically these measures have proven to reduce recidivism. The proposed legislation

would tackle the dual problems of prison overcrowding and high rates of recidivism in a

comprehensive, data-driven, fashion. It included funding for methods to track the reform's

success through the caseload forecast council and mandated reports to the legislature and

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governor. If passed, SSB 5775, or another bill like it, would represent Washington's most

significant criminal justice reform in decades. Projecting the effectiveness of any reform is

difficult considering the numerous variables involved, and JRI is no different.

Effectiveness of Supervision

The goal of any supervision or treatment program should ultimately be to reduce

recidivism. JRI savings are dependent both on reducing prison populations and recidivism rates.

If treatment/supervision programs prove ineffective, and recidivism rates do not decline, then

long-term savings are imperiled. Complicating the picture is the fact individual offenders have

unique needs, and each supervision and treatment program have differing success rates

depending on the subset of offender.

First, offenders suffering from drug and alcohol abuse must be separated from those not

battling addiction. Sentencing an offender who is not an addict to an intensive treatment

program is a waste of both money for the state and time better spent reintegrating for the

offender. On the other end of the spectrum, addicts who are promptly enrolled in treatment

programs see their recidivism risks diminish. Even costly treatment programs, involving highly

trained psychologists and drug therapists, are cost effective in the long run if they prevent an

offender from re-committing.

But even the most well intentioned and well managed program will fail if the offender is

not willing to cooperate. Attempting to help someone who refuses to help themselves is a

dubious prospect. And by itself supervision does not reduce recidivism, indeed enrollment in a

supervision program can increase the offender's likelihood of return to jail. Penalties for

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violating supervision often include returning to jail for a short period of time, and multiple

violations result in longer sentences. By definition inclusion in a court mandated supervision or

treatment includes the prospects for prison time.

Supervision alone is not enough to guarantee an offender's successful reintegration to

society. If the supervision program is understaffed, underfunded, or poorly managed it will be

of little use to the offender or society at large. Funding based on demonstrated results, strict

legislative oversight and frequent audits are necessary to assure these programs are well run

and effectively serving both the offender and Washington State.

The Costs of Inaction

State budgets are tight, and competing priorities prevalent. Some have expressed

trepidation about investing in an unproven system. Yet the status quo cannot continue. Budgets

cannot continue to absorb seemingly endless growth in prison populations. Washington arrests

thousands of citizens for property crimes each year, yet the number of such crimes has

continued to grow. The Justice Reform Initiative, if executed properly, presents a chance to

arrest the growth of prison population, save the State hundreds of millions, and implement a

comprehensive justice reform. It should be tried, the costs of inaction are too high.