levin senate presidents forum presentation

8/9/2019 Levin Senate Presidents Forum presentation

1/32

Getting Criminal Justice Right

Marc A. Levin, Esq.Policy Director, Right on Crime

Center for Effective Justice, Texas Public Policy Foundation (TPPF)(512) 472-2700, [email protected]

www.texaspolicy.com & www.rightoncrime.com

Sena te P res iden t s Fo rum

Janua ry 1 6 2015

Fo r t Lauderda le FL


2/32

Introduction

TPPF Mission:Personal Responsibility, FreeEnterprise, Limited Government,Private Property Rights

We apply these foundationalprinciples to criminal justice,working with our chief partnerPrison Fellowship as well asallies such as the HeritageFoundation.


3/32

The TPPF Portfolio

Fiscal and tax restraint Civil justice reform (worked

to enact loser pays in 2011)

Center for Tenth AmendmentStudies

Deregulation of (over)regulated industries

like insurance and utilities

Center for Effective Justice launched in

March 2005, Right on Crime in Dec. 2010


4/32

Failed Concepts of the 60sThat Led to Prison Boom:

A P endu lum Tha t Needed t o Sw ing Bu t Sw ung Too Fa r

Eschewed personal responsibility – blamedsociety & low self-esteem

Underestimated need to incarcerate violentand dangerous offenders

Insufficient focus on victims

Didn’t realize better policingcan reduce crime & prisons

Caving to unions on prisons


5/32

Conservative Leaders Weigh In

Jeb Bush, Speaker Newt Gingrich,Drug Czar Bill Bennett, A.G. EdMeese, J.C. Watts, and otherconservative leaders endorse

Right on Crime Statementof Principles

Statement supports Personal Responsibility,Cost-Effectiveness, Emphasis on Restitution,and Performance Measures and Incentivesto Move from a System That Grows When itFails to One That Rewards Results


6/32

Favorably covered

in outlets such as:


7/32

Momentum is Building on theRight for Criminal Justice Reform

Governors who have pushed or presidedover reforms include:

•

Bobby Jindal (LA)• Tom Corbett (PA)• Mitch Daniels (IN)• John Kasich (OH)•

Dennis Daugaard (SD)• Nathan Deal (GA)• Rick Perry (TX)• Sam Brownback (KS)


8/32

Leadership of Governors

LA: Gov. Jindal:

“hammer away at dubious

distinction of highest

incarceration rate in the

world” with day reporting, jail reentry & work release

TX: Gov. Perry: “rehabilitate nonviolent

offenders, and spend less locking themup again”

Govs. Kasich, Deal and Corbett achieve

comprehensive reforms

Gov. Bobby Jindal


9/32

Recalling Reagan

Gov. Reagan in 1971: “Our rehabilitation policiesand improved parole systemare attracting nationwideattention. Fewer paroleesare being returned to prisonthan at any time in our

history, and our prisonpopulation is lower thanat any time since 1963.”


10/32

Finding the Right Intersection:Conservative Principles

& Criminal Justice Reform


11/32

1) Prioritizing Public Safety

Research has for many nonviolentoffenders alternatives such as problem-

solving courts, faith-based programs,

graduated sanctions, electronic monitoring,

and treatment-based

interventions for mentally

ill offenders can produce

better public safetyoutcomes than a revolving

door of incarceration.


12/32

2) Controlling Spending

Locking up adults costs $30,000 a year.

Locking up juveniles costs as much as$226,000 per year in NYC juvenile detention.

If a first-time delinquent goes on to a lifeof crime, societal cost is $2to $3 million.

Address fiscal disincentiveto use alternatives if countiesbear much of that cost.


13/32

3) The Restitution Principleand Giving Victims a Voice

Restitution is the core

principle of criminal justice

in the Bible and nearly everymajor religious tradition.

Focus on the harm to a

specific victim rather thannotion of “repaying debt to

society” by going to jail.


14/32

The Victims’ PerspectiveSurvey o f I ow a Bu rg la r y V ic t im s

Sanction Percent Requesting

Restitution 81.4%

Community Service 75.7%

Pay Fine 74.3%Regular Probation 68.6%

Treatment/Rehabilitation 53.5%

Intensive Probation 43.7%

Short Jail Term 41.4%Boot Camp 40.0%

Work Release Facility 34.3%

Prison Sentence Year or More 7.1%

1997 Iowa Crime Victimization Survey, University of Northern Iowa.


15/32

4) Liberty & Limited Government

There are more than 4,500 federaloffenses and states such as Texasand Arizona have more than 1,000.Most deal with ordinary businessand recreational activities.

Gibson Guitar raid, EPA policearrested a custodian in D.C., andmassive bills like Dodd-Frank

contain many criminal penalties. In Texas, a law was passed to stop

government schools from ticketing10-year-olds for chewing gum.


16/32

Head of Secret Police Under StalinLaverntiy Beria on

Overcriminalization

You bring methe man, I'll find

you the crime.


17/32

5) Accountability

Must demand outcome-oriented performancemeasures such as recidivism, educationaladvancement, employment, and victimsatisfaction.

In education, a focus on “teacher quality”but not a single google resultfor “probation officer quality.”Schools rated on metrics suchas graduation rate and testscores, but no similaraccountability for prisons.


18/32

6) Redemption

A small number of offenders are incorrigible,but most of the 7 million Americans undercorrectional control can change.

Empirical research by

Byron Johnson atBaylor University hasshown many of themost effective programsfor changing the mindand heart have a faith-based component.


19/32

7) Centrality of the Family

Unnecessary incarceration breaks up familiesleads to millions in foster care expenses andbillions in unpaid child support.

Emphasize strategies that keep the family

intact. For example, some mothers can begiven treatment foran addiction thatthereby improvesthe home environ-ment so they cankeep their child.


20/32

How Texas Cut Crime and Costs

Increased availability of proven alternativessuch as drug courts.

Expanded in-prison rehabilitation programs

to reduce recidivism Increased availability of diversion programs

for nonviolent mentally ill offenders.

Avoided $2 billion in prisoncosts while the drop in crimeexceeded the national decline.


21/32

Texas Trend:Lower Incarceration

an d

Crime Rates

Sources: Bureau of Justice Statistics andTexas Law Enforcement Agency Uniform Crime Reports

Texas’ crime rate has reached its lowest

level since 1968.

Year FBI IndexCrime Rate

IncarcerationRate Per 100k

2005 4,857.1 681

2012 3,770.4 601

% Change -22.4% -11.7%


22/32

Problem-Solving Courts

Drug courts: 34% lower recidivism -

should focus on high-risk offenders whowould have gone to prison

Hawaii HOPE Court with regular testing,

treatment as needed, and weekend jailin few cases of non-compliance: 2/3 lessre-offending, costs a third of drug court

Mental health courts:Am er ican Jou rna l o f

Psych ia t r y : less total& violent re-offending


23/32

Strengthening Supervision

Bolster graduated sanctions & incentives

Enhance use of risk/needs assessmentsto match offenders with programs

FL Study: GPS monitored probationerswere 89% less likely to be revoked, alsolook at cell phone with voice recognition

Address waiting lists in many states for

substance abuse and MH treatment

New treatments forheroin and alcoholism


24/32

Drug Sentencing Reform

Under Florida's sentencing laws, 44 pills of

oxycodone results in a mandatoryminimum sentence of 25 years in prison,the same as a child rapist.

Require probation, treatment, and drugcourt in low-level possession cases in lieuof prison unless the offender has a priorsubstantial record and judge finds dangerto public safety.

The states of SC, KY, OH, GA,and AR have reduced low-leveldrug possession penalties.


25/32

Incentive Funding& Risk Assessment

CA, IL, AZ, TX & OH passed performance-based probation funding measures providingdepartments with incentive funding forfewer commitments, fewer new crimes, andmore restitution. AZ. measure led to 31%fewer new crimes and 28% fewerrevocations.

IL bill requires system-wide useof assessment instruments thatmatch risk and needs to super-vision strategies, tracking an

offender throughout system.


26/32

The Earned Time Revolution

States such as GA, TX, and OH haverecently adopted or expanded earned timefor lower-level offenders.

ALEC model legislation and pending bill by

Senators Cornyn & Whitehouse.

Studies of policies in NY,WI and WA find reduced

recidivism as offendershave incentive to completerehabilitative programs.


27/32

Expand Post-Release Supervision

2014 Pew study: More than 1 in 5 inmates

are released without supervision. Pew 2013 New Jersey study found similar

inmates put on parole had 36% fewer newoffenses than max-

outs. Promotescontinuity of carefor mentally ill.

Use some savingsfrom reduced timeserved to expandpost-release

supervision.


28/32

Probationers pay $391 million in restitution

(at least 34 times more per offender thaninmates) and do 135 million service hours.

Victim mediation: 14 states with statutes.

Must be chosen by victim & offender. Provento increase victim satisfaction as a resultof apology andcompletion of

restitution in89% of cases.Studies showreduced recidivism.

Making Victims Whole


29/32

Remove Barriers to Re-entry

Enable ex-offendersto obtain provisionaloccupational licenses

Provide protectionto employers from

negligent hiring lawsuits

Ensure those who are discharged from

prison leave with supervision, photo ID,and a volunteer mentor

Implement nondisclosure of records


30/32

Stop Criminalizing Capitalism

Texas has 11 felonies

relating to harvesting

oysters.

Repeal unnecessary

laws and establish defaultm ens rea provision.

Repeal delegated authority of

bureaucracies to create criminalpenalties without approval of a

legislative body.


31/32

Institute Procedural Safeguards toSlow Growth in New Criminal Laws

Require approval of new offenses andsentencing enhancements by thelegislative committees overseeing the

criminal justice system. Require sunrise review of new proposals,

which is done for certain measures suchas those involving occupational licensing

in states like AZ and OR.

Sunset criminal lawsoutside of the Penal Code.


32/32

Key Resources Heritage Foundation

www.overcriminalized.com ALEC (including model legislation)

www.alec.org

Pew Public Safety Performance Project

www.pewcenteronthestates.org

Council of State Governmentswww.csgjusticecenter.org

Justice Fellowshipwww.justicefellowship.org

TPPF & Right on Crimewww.texaspolicy.com,www.rightoncrime.com

levin senate presidents forum presentation

Documents