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Presentation to the Washington Sentencing Guidelines Commission April 12, 2019 Andy Barbee Director of Research Monica Peters Research Manager

Presentation to the Washington Sentencing Guidelines Commision

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Page 1: Presentation to the Washington Sentencing Guidelines Commision

Presentation to the Washington Sentencing Guidelines Commission

April 12, 2019

Andy BarbeeDirector of Research

Monica PetersResearch Manager

Page 2: Presentation to the Washington Sentencing Guidelines Commision

The Council of State Governments (CSG) is a national nonprofit, nonpartisan membership association of state government officials that engage members of all three branches of state government.

The CSG Justice Center is a national nonprofit, nonpartisan organization that combines the power of a membership association, representing state officials in all three branches of government, with policy and research expertise to develop strategies that increase public safety and strengthen communities. For more information about the CSG Justice Center, visit www.csgjusticecenter.org.

2

Page 3: Presentation to the Washington Sentencing Guidelines Commision

3

Washington State requested assistance to review the Sentencing Reform Act (SRA) by examining the following areas:

Review of the literature on effective supervision—what it looks like and the impact it can have on reducing recidivism

Sentencing analysis including scoring rules, sentence modifications, and recidivism

Analysis on the state’s supervision system, including sanctioning policies and practices and recidivism of people on supervision

Page 4: Presentation to the Washington Sentencing Guidelines Commision

4

This is the third and final presentation to the commission before submission of a final report.

October 2018 presentation on

effective supervision

February 2019 presentation on

sentencing, supervision, and recidivism

April 2019presentation on

sentencing, supervision, and recidivism

May 2019final report submitted to Sentencing Guidelines

Commission

Review of the literature on effective supervision—what it looks like and the impact it can have on reducing recidivism

Sentencing analysis including scoring rules, sentence modifications, and recidivism

Analysis on the state’s supervision system, including sanctioning policies and practices and recidivism of people on supervision

Page 5: Presentation to the Washington Sentencing Guidelines Commision

• Sentencing

o County variation in statewide sentencing trendso Use of sentencing alternativeso Comparison of sentencing guidelines

• Supervision Sanctions

• Recidivism

5

Presentation Outline

Page 6: Presentation to the Washington Sentencing Guidelines Commision

6

Sentencing findings from February 2019 presentation

Felony sentences have steadily increased since 2010.

This increase appears to be driven by people with more extensive criminal histories sentenced for offenses in lower seriousness levels, generally property and drug offenses.

Nearly all felony sentences include a period of incarceration in jail or prison, with more than half of felony sentences including a jail sentence.

While alternative sentences without incarceration do exist, they are applied to less than 10 percent of felony sentences.

As a result of having few non-custodial sentencing options, lower-level property offenses and possession of controlled substances make up nearly half of all felony sentences to incarceration.

Page 7: Presentation to the Washington Sentencing Guidelines Commision

Poss/TheftFire-arm

Burg 2

TMV-WOP

Assault DUI

7

Analysis presented at the last meeting highlighted particular drug and property offenses that have seen the greatest increase in number of felony sentences.

-1%-15%

-32%

7%

-8%-21%

27%

106%

25%

-11% -13%-2%

-53%

-84%

88%

12%

45%31%

8%

30%

-12%

OtherDrugPerson Property

Percent Change in Felony Sentences by Offense Type, FY2010–FY2018

Murder

Sex offense Robbery

Arson

Res Burg/Burg 1

Theft

Malicious Mischief

Mfg/Del Meth

Mfg/DelHeroin

Mfg/Del Marijuana

PossCS –

Other

PossCS –SchI/II

Bail jump

*Esc-ape/Attto

Elude

Harass-ment

Failureto

Reg as Sex

Offender

Source: Justice Center analysis of CFC data

*Includes Escape from Community Custody. CFC Forecasting Categories were used to determine offense type.

Page 8: Presentation to the Washington Sentencing Guidelines Commision

8

The increase in sentences for motor vehicle theft and drug possession was widespread across the state in recent years.

Clark King Pierce Snohomish Spokane Thurston Yakima All others State

2010 100 206 181 90 109 26 79 262 1,053

2018 136 430 324 305 288 68 135 483 2,169

Percent change 36% 109% 79% 239% 164% 162% 71% 84% 106%

Clark King Pierce Snohomish Spokane Thurston Yakima All others State

2010 229 60 399 130 210 109 115 1,123 2,375

2018 405 181 310 460 553 217 152 2,187 4,465

Percent change 77% 202% -22% 254% 163% 99% 32% 95% 88%

Change in Sentences for TMVWOP by County, FY2010–FY2018

Change in Sentences for Poss CS – Other by County, FY2010–FY2018

Page 9: Presentation to the Washington Sentencing Guidelines Commision

9

The number of FTOW and DOSA sentences each year has remained fairly stable and represents a small proportion of total felony sentences.

1,690

972

1,618

0

500

1,000

1,500

2,000

2,500

3,000FTOW Residential DOSA Prison-based DOSA

First-Time Offender Waiver (FTOW) and Drug Offender Sentencing Alternative (DOSA) Sentences, FY2001–FY2018

2001 14%2002 14%2003 13%2004 11%2005 9%2006 9%2007 8%2008 11%2009 11%2010 13%2011 14%2012 15%2013 16%2014 16%2015 17%2016 17%2017 17%2018 17%

Proportion of All Felony Sentences that are FTOW,

Residential DOSA, or Prison-based DOSA

Source: Justice Center analysis of CFC data.

Page 10: Presentation to the Washington Sentencing Guidelines Commision

Prison-based DOSA Residential DOSA

10

Counties vary in the distribution of alternative sentences, with more variation in FTOW sentences than DOSA sentences.

10%

78%

4%

71% 67%

2%

29%37%

6%

33% 38%

9%17%

5%

22%

41%29%

38%

9%

76%

25%

7% 8%

44%

69%

17%

37%

8%2%

9%

FTOW

*Counties with fewer than 100 felony sentences in FY2018 were excluded. FTOW analysis includes only sentences of people with no prior convictions.

Percent of Property or Drug Felony Sentences Receiving a First-Time Offender Waiver (FTOW) or Drug Offender Sentencing Alternative (DOSA) by County*, FY2018

Source: Justice Center analysis of CFC data

20% 20%16% 17%

14%

4%

12%

20%

11%15% 16%

7%

21%

7%4%

12% 12%

26%

6%

17%

11%

2%

14% 15%19%

10%12% 13%

3%

10%

Page 11: Presentation to the Washington Sentencing Guidelines Commision

11

Sentencing guidelines systems use offense severity and prior criminal history to guide disposition and length of sentence.

Minnesota

Arkansas

North Carolina

Offense Severity

Prior Criminal History

In Washington, the rows and columns are Seriousness Level and Offender Score.

Page 12: Presentation to the Washington Sentencing Guidelines Commision

12

While offense severity is fairly straightforward, prior criminal history tends to involve a more nuanced approach.

In Michigan, the Prior Record Variables (PRV) level is determined based on a calculated score comprised of seven PRVs.

PRV LevelA = 0 pointsB = 1-9 pointsC = 10-24 points

D = 25-49 pointsE = 50-74 pointsF = 75+ points

PRV 1 – Prior High Severity Felony Convictions75 points = 3 or more prior high severity felony convictions50 points = 2 prior high severity felony convictions25 points = 1 prior high severity felony conviction0 points = No prior high severity felony convictions

PRV 2 – Prior Low Severity Felony Convictions30 points = 4 or more prior low severity felony convictions20 points = 3 prior low severity felony convictions10 points = 2 prior low severity felony convictions5 points = 1 prior low severity felony conviction0 points = No prior low severity felony convictions

PRV 3 – Prior High Severity Juvenile Adjudications50 points = 3 or more prior high severity juvenile adjudications25 points = 2 prior high severity juvenile adjudications10 points = 1 prior high severity juvenile adjudications0 points = No prior high severity juvenile adjudications

PRV 4 – Prior Low Severity Juvenile Adjudications20 points = 6 or more prior low severity juvenile adjudications2 points = 1 prior low severity juvenile adjudication0 points = No prior low severity juvenile adjudications

PRV 5 – Prior Misdemeanor Convictions or Prior Misdemeanor Juvenile Adjudications

20 points = 7 or more prior misdemeanor convictions or adjudications15 points = 5 or 6 prior misdemeanor convictions or adjudications10 points = 3 or 4 prior misdemeanor convictions or adjudications5 points = 2 prior misdemeanor convictions or adjudications2 points = 1 prior misdemeanor conviction or adjudication0 points = No prior misdemeanor convictions or adjudications

PRV 6 – Relationship to Criminal Justice System20 points = Serving a sentence in Department of Corrections or jail15 points = Incarcerated in jail awaiting trial or probation violation hearing10 points = On parole, probation, or delayed sentence status for a felony5 points = On probation or delayed sentence status for a misdemeanor0 points = No relationship to the criminal justice system

PRV 7 – Subsequent or Concurrent Felony Convictions 20 points = 2 or more subsequent or concurrent felony convictions10 points = 1 subsequent or concurrent felony convictions0 points = No subsequent or concurrent felony convictions

Source: State of Michigan Sentencing Guidelines Manual.

Page 13: Presentation to the Washington Sentencing Guidelines Commision

13

In most guideline states, prior criminal history is a good predictor of a person’s likelihood of recidivating.

25%

35% 38%45% 48% 46%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

A B C D E F

Two Year Rearrest Rates by PRV Level for Probation or Jail Sentences in Michigan, 2010

PRV Level

Source: CSG Justice Center presentation to the Michigan Law Revision Commission, May 13, 2014.

PRVLevel A

PRVLevel B

PRVLevel C

PRVLevel D

PRVLevel E

PRVLevel F

0 Pts 1-9 Pts 10-24 Pts

25-49 Pts

50-74 Pts

75+ Pts

Twice as likely to be rearrested as people

in PRV Level A.

Page 14: Presentation to the Washington Sentencing Guidelines Commision

14

In Washington, offender score is not consistently calculated across different offense types and is based on factors other than a person’s criminal history.

Implications of double-counting for repeat offenses

The Offender Score is calculated based on five factors:

1) Number of prior criminal convictions or juvenile dispositions2) Relationship between any prior offense(s) and the current offense of conviction3) Presence of other current convictions4) Community custody status at the time the crime was committed5) Length of crime-free time between offenses

Additionally, the scoring rules vary depending on the type of offense and circumstances of the current conviction.

Source: Washington Sentencing Guidelines Manual.

Page 15: Presentation to the Washington Sentencing Guidelines Commision

15

A higher offender score does not correlate strongly with a higher likelihood of recidivism.

32%

40% 41%

38%

41%

0%

20%

40%

60%

80%

100%

0 1 2 3 4 5 6 7 8 9+

Three-Year Reconviction Rates by Offender Score for Jail Sentences and Prison Releases in Washington, FY2015

Offender Score

Source: CSG Justice Center analysis of CFC, DOC, and WSP arrest data.

Page 16: Presentation to the Washington Sentencing Guidelines Commision

16

The lack of clear correlation between offender score and recidivism is particularly noteworthy in light of Washington’s adoption of sentencing guidelines over time.

Source: RCW 9.94A.010.

First of the six goals articulated in the 1981 enabling statute:

sentences “proportionate to the seriousness of the offense and the offender’s criminal history”

Seventh goal added in 1999:

sentences should “reduce the risk of reoffending by offenders in the community”

Page 17: Presentation to the Washington Sentencing Guidelines Commision

17

Sentencing Summary

Counties of all sizes across the state have experienced increases in motor vehicle theft and non-narcotic drug possession, with drug possession in particular having widespread increases.

The number of FTOW and DOSA sentences has not changed over time and makes up a small proportion of felony sentences.

There is wide variation across counties in the application of FTOW sentences and to a lesser extent DOSA sentences.

Washington is unlike other guidelines states in how criminal history is incorporated in the grid.

Page 18: Presentation to the Washington Sentencing Guidelines Commision

• Sentencing

• Supervision Sanctions

o Supervision sanctioning practices in WAo Comparison with other stateso Costs and implications

• Recidivism

18

Presentation Outline

Page 19: Presentation to the Washington Sentencing Guidelines Commision

19

Supervision Findings from October 2018 and February 2019 Discussions

A strong research foundation exists to support the use of supervision as an effective public safety alternative to more traditional custody-based sentencing options.

Statutory restrictions limit access to supervision for certain offenses, resulting in more than half of sentences to jail having no supervision following release.

Supervision is more likely applied in cases with a higher seriousness level and is less closely tied to a person’s criminal history.

There are limited opportunities for supervision of people sentenced for property offenses.

The number of supervision violation admissions and the average daily population of people incarcerated for supervision violations have increased in the last three years.

Page 20: Presentation to the Washington Sentencing Guidelines Commision

20

In 2012, Washington became the first state to implement Swift and Certain (SAC) as a supervision model statewide and, as a result, became the site for the largest implementation of SAC.

WA Supervision Sanctioning Process

1st Low-Level Violation – Stipulated Agreement No confinement

2nd – 5th Low-Level Violation – Short-Term Confinement1-3 days confinement

6th+ Low-Level Violation / High-Level ViolationsUp to 30 days confinement

A person’s violation count will accrue during any continuous period of department jurisdiction. A continuous period of department jurisdiction ends only when a person has no active, inactive, or consecutive supervision periods remaining or a prison DOSA sentence is reclassified.

DOC currently interprets any orders for multiple supervision sentences to run consecutively unless the order clearly states that they run concurrently.

Source: WADOC Response to Violations and New Criminal Activity, WADOC Behavior Accountability Guide.

Page 21: Presentation to the Washington Sentencing Guidelines Commision

21

The supervision violator population in county jails has increased at a rate much higher than the increase in the total supervision population, with most of the increase occurring after 2014.

Source: Washington State Department of Corrections, Average Daily Population of Incarcerated Individuals; Caseload Forecast Council, Adult Community Supervision Contact Required Caseload forecast.

666502

686

1,058

1,4981,659

1,828

0

500

1,000

1,500

2,000

2,500

2012 2013 2014 2015 2016 2017 2018

Average Daily Population (ADP) in Community Violator Beds, June 2012–June 2018

2012 2013 2014 2015 2016 2017 2018

15,657

19,656

+26%

Adult Community Supervision Population,June 2012–June 2018

Swift and Certain implemented / 2015 study period (Sept – Nov 2012)

+174%

Page 22: Presentation to the Washington Sentencing Guidelines Commision

22

Both the number of people violating and the number of times they violate in a year has increased since 2015.

42% 39% 36% 34%

24%23% 23% 22%

15%15% 15% 16%9%

10%10%

11%

5%

6%7%

7%

5%

7%

9%9%

0

2,000

4,000

6,000

8,000

10,000

12,000

14,000

16,000

2015 2016 2017 2018

6 or more

5

4

3

2

1

Number of people violating each year

11,285

12,959

14,235

15,065

Number of violation admissions per person each year

Violator Admissions*, FY2015–FY2018

+33%+153%

Source: Justice Center analysis of DOC data.

*Admissions include local county jail/violator facilities.

Page 23: Presentation to the Washington Sentencing Guidelines Commision

23

States with similar approaches to supervision sanctioning as Washington have much lower numbers of violation admissions annually.

State People on or starting supervision in a year

Annual number of supervision violation

admissions to incarceration (excludes revocations)

Violation admissions per

100 people supervised

Washington (2018)

38,015 41,745 109

North Carolina (2017)

84,003 3,049 4

North Carolina employs short incarceration stays as a supervision sanction as an alternative to revocation. These sanctions are generally 3 days or less, whereas in Washington they may stay up to 30 days.

Source: Justice Center analysis of DOC data; Personal communication with WADOC staff; North Carolina Department of Public Safety, Automated System Query, http://webapps6.doc.state.nc.us/apps/asqExt/ASQ; North Carolina Sentencing and Policy Advisory Commission, Justice Reinvestment Act Implementation Evaluation Report, 2018.

Page 24: Presentation to the Washington Sentencing Guidelines Commision

$19.5 M$14.6 M

$43.7 M

$53.4 M

2012 2013 2014 2015 2016 2017 2018

24

Population growth of people incarcerated for supervision violations has cost implications for the state.

Estimated Annual Cost of Community Supervision Violator Beds Assuming Total Reimbursement, FY2012–FY2018*

Potential increase in spending.

In FY2018, the state spent $185 million on community supervision.

Source: CSG Justice Center analysis of DOC data; Personal communication with DOC staff; State of Washington Budgeted Operating Expenditures for Department of Corrections, https://www.ofm.wa.gov/sites/default/files/public/budget/agencyexp/fiscalstatus/310opexpen.pdf.

*Cost estimate based on a violator bed cost per day of $80.

DOC reports actual expenditures for supervision violator beds were around $40 million in FY18.

Page 25: Presentation to the Washington Sentencing Guidelines Commision

25

While the majority of sanctioned people only had one to two sanctions imposed, those who had six or more imposed sanctions weren’t necessarily more likely to have a mental health issue or be at a higher risk of reoffending.

Drug5,152

Person5,768

Property3,005

Other 1,140

512

6 or more violation admissions

N = 1,420

596

9%

12%

2237%

29% MH flag92% high risk

9% MH flag95% high risk

14% MH flag87% high risk

30% MH flag80% high risk

9% MH flag87% high risk

20% MH flag84% high risk

898% 36% MH flag82% high risk

31% MH flag55% high risk

One or more violation admissions

N = 15,065

29% MH flag75% high risk

9% MH flag83% high risk

20% MH flag80% high risk

27% MH flag45% high risk

59%

51%

58%

67%

1-2 violation admissions

N = 8,515

3,387

2,628

1,737

763

Source: Justice Center analysis of DOC data.

Page 26: Presentation to the Washington Sentencing Guidelines Commision

26

To fully understand what is driving supervision violator admissions to incarceration, a number of research questions need to be addressed.

8,233

8,123

30,392

17,731

3,110

950

2018

2015

1-3 days 4-29 days 30+ days

Number of Days Incarcerated per Violator AdmissionFY2015 and FY2018

N = 26,804

N = 41,735*

Source: Justice Center analysis of DOC data

*Admissions include local county jail/violator facilities. 10 people were admitted in 2018 but did not have a release to calculate length of stay.

What is the prevalence of different types of violations (low level vs. high level) and how often do they occur?

What are the underlying causes of low-level and high-level violations?

Are longer lengths of stay associated with high-level violations or the accumulation of low-level violations?

What is the average total number of violations a person has while on supervision, and has this changed over time?

When do violations tend to occur during a period of supervision?

How are people with mental health and/or substance addictions affected by short-term incarceration stays as a result of a supervision sanction?

Page 27: Presentation to the Washington Sentencing Guidelines Commision

27

Supervision Summary

The increase in the violator population has outpaced the increase in the supervision population, with an estimated three-quarters of people on supervision admitted to a violator center at some point during a given year.

People on supervision are accumulating higher numbers of violations, which leads to longer incarceration stays and growth in incarcerated populations and costs.

States with similar approaches to supervision sanctioning as Washington have far fewer violation admissions per person.

Further study is needed to fully understand the dynamics and drivers of supervision violation admissions.

Page 28: Presentation to the Washington Sentencing Guidelines Commision

• Sentencing

• Supervision Sanctions

• Recidivism

o Limitations to recidivism comparisonso Timing of recidivismo Impact of supervision on recidivism

28

Presentation Outline

Page 29: Presentation to the Washington Sentencing Guidelines Commision

29

Recidivism Findings from February 2019 Discussion

People sentenced to jail have higher recidivism rates than people released from prison, particularly in the first year following release.

Recidivism rates vary across types of offense; people sentenced for certain property and drug offenses have higher rates than people sentenced for other offense types.

People sentenced for property and drug offenses are most likely to be rearrested for property and drug offenses.

Page 30: Presentation to the Washington Sentencing Guidelines Commision

30

In Washington, nearly all felony sentences include a period of incarceration, which complicates potential comparisons in supervision vs. incarceration outcomes.

37%

56%

7%

Washington Felony Sentences, FY2018

Prison sentence imposed

Jail sentence imposed

Alternative sentence (no incarceration imposed)

S e r i o u s n e s s L e v e l

Offender Score 0 1 2 3 4 5 6 7 8 9+

LEVEL XVI LIFE SENTENCE WITHOUT PAROLE/DEATH PENALTY

LEVEL XV 280m

240-320 291.5m 250-333

304m 261-347

316m 271-361

327.5m 281-374

339.5m 291-388

364m 312-416

394m 338-450

431.5m 370-493

479.5m 411-548

LEVEL XIV 171.5m 123-220

184m 134-234

194m 144-244

204m 154-254

215m 165-265

225m 175-275

245m 195-295

266m 216-316

307m 257-357

347.5m 298-397

LEVEL XIII 143.5m 123-164

156m 134-178

168m 144-192

179.5m 154-205

192m 165-219

204m 175-233

227.5m 195-260

252m 216-288

299.5m 257.342

347.5m 298-397

LEVEL XII 108m

93-123 119m

102-136 129m

111-147 140m

120-160 150m

129-171 161m

138-184 189m

162-216 207m

178-236 243m

209-277 279m

240-318

LEVEL XI 90m

78-102 100m

86-114 100m

95-125 119m

102-136 129m

111-147 139m

120-158 170m

146-194 185m

159-211 215m

185-245 245m

210-280

LEVEL X 59.5m 51-68

66m 57-75

72m 62-82

78m 67-89

84m 72-96

89.5m 77-102

114m 98-130

126m 108-144

150m 129-171

230.5m 149-198

LEVEL IX 36m

31-41 42m

36-48 47.5m 41-54

53.5m 46-61

59.5m 51-68

66m 57-75

89.5m 77-102

101.5m 87-116

126m 108-144

150m 129-171

LEVEL VIII 24m

21-27 30m

26-34 36m

31-41 42m

36-48 47.5m 41-54

53.5m 46-61

78m 67-89

89.5m 77-102

101.5m 87-116

126m 108-144

LEVEL VII 17.5m 15-20

24m 21-27

30m 26-34

36m 31-41

42m 36-48

47.5m 41-54

66m 57-75

78m 67-89

89.5m 77-102

101.5m 87-116

LEVEL VI 13m

12+-14 17.5m 15-20

24m 21-27

30m 26-34

36m 31-41

42m 36-48

53.5m 46-61

66m 57-75

78m 67-89

89.5m 77-102

LEVEL V 9m

6-12 13m

12+-14 15m

13-17 17.5m 15-20

25.5m 22-29

38m 33-43

47.5m 41-54

59.5m 51-68

72m 62-82

84m 72-96

LEVEL IV 6m 3-9

9m 6-12

13m 12+-14

15m 13-17

17.5m 15-20

25.5m 22-29

38m 33-43

50m 43-57

61.5m 53-70

73.5m 63-84

LEVEL III 2m 1-3

5m 3-8

8m 4-12

11m 9-12

14m 12+-16

19.5m 17-22

25.5m 22-29

38m 33-43

50m 43-57

59.5m 51-68

LEVEL II

0-90 d 4m 2-6

6m 3-9

8m 4-12

13m 12+-14

16m 14-18

19.5m 17-22

25.5m 22-29

38m 33-43

50m 43-57

LEVEL I

0-60 d

0-90 d 3m 2-5

4m 2-6

5.5m 3-8

8m 4-12

13m 12+-14

16m 14-18

19.5m 17-22

25.5m 22-29

Unranked

0-12m

The only sentencing options that do not include a period of incarceration in Washington are

sentencing “alternatives,” which require certain eligibility criteria and affect a relatively small

number of cases.

Source: Justice Center analysis of CFC data

Page 31: Presentation to the Washington Sentencing Guidelines Commision

31

Nearly half of recidivism events occur in the first six months following a jail release, and rates stabilize after 18 months.

Jail Sentence* and Prison Release Three-Year Felony Rearrest Rates by Month, FY2015 Releases

*Estimated jail release date was calculated using sentence date, sentence length, and credit for time served. People released more than once in a fiscal year were only counted once in the analysis.

Source: Justice Center analysis of CFC and WSP data

0%

1%

2%

3%

4%

5%

6%

7%

8%

9%

10%

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36

Jail Prison

Month

48%

19%

12%

9%

7%5%

6 months

1 year

1.5 years

2years

2.5years

3years

Time to Arrest for People Recidivating After a Jail Sentence, FY2015 Releases

Page 32: Presentation to the Washington Sentencing Guidelines Commision

32

People sentenced to jail who are released with supervision have lower reconviction rates than people sentenced to jail who are released without supervision, but the opposite is true for people released from prison.

50%

38%^

49%

36%^

Felony rearrest Felony reconviction

Jail without supervisionJail with supervision

Source: Justice Center analysis of CFC, DOC, and WSP data

*Estimated release date was calculated using sentence date, sentence length, and credit for time served. People released more than once in a fiscal year were only counted once in the analysis.

Jail Sentence* and Prison Release Three-Year Recidivism Rates, FY2015 Releases

^Difference in recidivism between groups is significant at p < .05 level

44%^

34%^

48%^

37%^

Felony rearrest Felony reconviction

Prison without supervisionPrison with supervision

Jail Sentence Prison Release

Page 33: Presentation to the Washington Sentencing Guidelines Commision

33

People sentenced to jail who are released with supervision had lower recidivism rates across various levels of criminal history.

60%

48%

60%

47%

Felony rearrest Felony reconviction

54%^

41%^50%^

37%^

Felony rearrest Felony reconviction

43%^

31%^39%^

25%^

Felony rearrest Felony reconviction

Jail without supervision

Jail with supervision

3+ prior convictions(N = 3,371)

1–2 prior convictions(N = 3,560)

No prior convictions(N = 5,660)

Jail Sentence* Three-Year Recidivism Rates, FY2015 Releases

Source: Justice Center analysis of CFC, DOC, and WSP data

*Estimated release date was calculated using sentence date, sentence length, and credit for time served. People released more than once in a fiscal year were only counted once in the analysis.

^Difference in recidivism between groups is significant at p < .05 level

Page 34: Presentation to the Washington Sentencing Guidelines Commision

34

Recidivism rates for high-risk people released from prison to supervision are lower than for high-risk people released without supervision, but this is not the case for low- and moderate-risk people.

54%^

42%^52%^

39%^

Felony rearrest Felony reconviction

18%^ 15%^

40%^ 37%^

Felony rearrest Felony reconviction

16%12%^

17%19%^

Felony rearrest Felony reconviction

Prison without supervision

Prison with supervision

High Risk(N = 6,064)

Mod Risk(N = 784)

Low Risk(N = 843)

Prison Release Three-Year Recidivism Rates by Risk Level, FY2015 Releases

Source: Justice Center analysis of CFC, DOC, and WSP data

^Difference in recidivism between groups is significant at p < .05 level

Page 35: Presentation to the Washington Sentencing Guidelines Commision

35

A number of states have demonstrated that straight probation without incarceration can have better outcomes than jail or prison at a substantially lower cost.

Arkansas Georgia

Page 36: Presentation to the Washington Sentencing Guidelines Commision

36

Recidivism Summary

For people sentenced to jail, those who are released supervision have lower rearrest and reconviction rates in three years. For people released from prison, those who are released to supervision have slightly higher recidivism rates in three years.

Recidivism rates for high-risk people released from prison to supervision are lower than for high-risk people released without supervision, but this is not the case for low- and moderate-risk people.

Page 37: Presentation to the Washington Sentencing Guidelines Commision

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Key Findings Implications for Washington

The vast majority of sentences handed down involves a period of incarceration, largely driven by the fact that probation is not an available option as a fundamental sentencing alternative to incarceration-oriented punishments.

Recidivism rates comparing different populations is challenging, largely due to the inability to separate effects of incarceration and supervision.

Consider adoption of probation as a statutorily recognized sentencing alternative to jail and prison to allow for more effective approach to appropriate populations.

Ensure any adoption of more utilization of supervision is in line with research base on known best practices.

Volume of felony sentences has been increasing steadily since 2010, particularly among drug and property related crimes.

Address behavioral health challenges and repeat criminal behavior with accountability and connection to services.

Growth is across many counties of various population size.

Use of alternative sentences such as the First-Time Offender Waiver varies by county.

Seek pathways to establish meaningful local-state relationships to focus on resource issues to help ensure effective interventions at the local level.

Poor relationship between offender score embedded in guidelines and actual recidivism outcomes. This is predictable given the approach to scoring.

Consider more consistent framework tied more directly to criminal history for offender scoring.

Very high utilization of jail sanctions for supervised population.

Research is needed on effects of current approach to use of jail sanctions.

Page 38: Presentation to the Washington Sentencing Guidelines Commision

Monica Peters, Research [email protected]

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This material was prepared for the State of Washington. The presentation was developed by members of The Council of State Governments Justice Center staff. Because presentations are not subject to the same rigorous review process as other printed materials, the statements made reflect the views of the authors, and should not be considered the official position of the CSG Justice Center, the members of The Council of State Governments, or the funding agency supporting the work.

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