Department of Corrections Virginia Criminal Sentencing Commission Prison Bound Offenders Appropriati

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Department of CorrectionsVirginia Criminal
Sentencing CommissionPrison Bound
OffendersAppropriations Act Item 387
DSeptember 8, 2008
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2008 Appropriations Act Item 387D

• The Dept of Corrections shall report on the
  potential costs and benefits of steps which would
  be required to divert up to 50 of prison-bound,
  nonviolent offenders who have scored no more than
  38 points on the risk assessment instrument..

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Definition of Non-Violent Risk Offenders

• Nonviolent Risk Assessment applies to Fraud,
  Larceny and Drug Guidelines cases except for the
  following cases
• Recommended for Probation/No Incarceration on
  Section B
• OR
• Sale, distribution or possession with intent,
  etc. of cocaine of a combined quantity of 28.35
  grams (1 ounce) or more
• Any prior violent offenses (category I/II)
• Any current violent offenses (category I/II)
• Offenses that require a mandatory minimum
  sentence
• Note Only 39 of non-violent guidelines cases
  met NV Risk Assessment criteria in FY2007 (VCSC
  2007 Annual Report).

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How Many DOC Offenders Fit 387D Definition?

• Sentencing Guidelines Cases in FY2007
• 27,118 total guidelines cases
• 18,880 (69.3) were Non Violent Cases
• 7,332 (39 of 18,880) eligible for NV Risk
  Assessment
• Incarceration Bound Cases
• 12,325 of 18,880 guidelines cases were
  recommended for incarceration of 1 day or more
• DOC Prison Received Offenders in FY2007
• 4,938 NV Offenders Entered DOC
• 1,035 of the 4,938 scored below 38 points and
  were eligible for risk assessment and recommended
  for an alternative sanction
• Note 1,035 DOC prison received offenders fit
  Item 387D

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Profile of 1,035 NV risk offenders

• Gender
• Female 40.3
• Male 59.7
• Current Offense
• Drug Schedule I/II 67.2
• Fraud 17.9
• Larceny 11.4
• Drug Other 3.5
• Prior History of Drug Abuse 79.7
• Prior Felony Conviction/Adj. 62.0
• Prior Adult Incarcerations 65.6
• 1 - 2 Prior Adult Incarcerations 35.7
• 3 - 4 Prior Adult Incarcerations 12.1
• 5 or more Prior Adult Incarcerations 17.8

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Ideas Under Consideration

• Intensify programs services for DOCs NV risk
  offenders (4,938) who need Substance Abuse
  treatment
• Revise Detention Diversion mission to target
  1,035 and other lower risk offenders and
  enhance SA treatment services
• Develop prison-based SA program to target higher
  risk NV risk offenders entering DOC
  Therapeutic Incarceration
• Place Day Reporting in high volume Districts and
  enhance Substance Abuse services
• Ensure that SA treatment providers use EBP
  techniques
• Support increased availability of substance abuse
  services

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Ideas Under Consideration

• Support Drug Treatment Court Programs which
  target prison bound offenders and violators
• Consult on steps to increase compliance with
  sentencing recommendations with Judiciary
• Note 58 of cases with recommendations for
  alternative sanctions were not followed (FY2007)
• Continue reviews to safely raise Incarceration
  Scores
• Consider developing Risk Assessments for other
  non-violent offenses

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Ideas Under Consideration

• Allow Judges to deem offenders as nonviolent
• Follow up SJR 77 Subcommittee Recommendations
• Continue discussions with Stakeholders
• Frame public policy issues around reduction of
  victimization and recidivism at lowest criminal
  justice costs

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State of the Commonwealth

• FY 2007 Substance Abuse Services Council Report
• FY 2007 Drug Screening, Assessment, and
  Treatment Report
• 2008 JLARC Study on Mitigating the Costs of
  Substance Abuse in Virginia
• 2008 Report of the SJR 77 Joint Subcommittee
  (Pending)
• 2008 Pre-Release and Return-To-Custody
  Facilities Item 387E

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Residential Costs

• Jail / Prison Capital Cost Per Bed -100,000
• Jail / Prison Per Diem - 60 - 62
• Treatment Services,e.g., Per Diem - 7
• Private, Non Secure Capital Cost 100/125 SF
  (Est)
• Private Treatment Per Diem - 70 - 107
• Support Infrastructure 19.2
• Annual Increase Consumer Price Index

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Non - Residential Costs

• Probation Parole Officer - 60,000
• (Salary/Fringe Benefits/ Non Personal Services)
• Community Supervision Per Diem - 4
• Intensive Supervision Per Diem - 7
• Day Reporting Programs - 10 plus DCE
• GPS (Passive/Active) Per Diem - 5 - 12
• Voice Recognition (RoboCuff) Monthly - 6
• Support Infrastructure 19.2
• Annual Increase Consumer Price Index

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Benefits

• Public safety is not jeopardized
• Incarceration reserved for most serious offenders
• Services and Sanctions are more targeted
• Public monies are used more effectively
• Communities are less disrupted