Judge Deborah Bail

In the last decade, prison spending has In the last decade, prison spending has increased by $22 billion. increased by $22 billion. The rate of ex-cons returning to crime within The rate of ex-cons returning to crime within

three years of release has only slightly budged three years of release has only slightly budged from 45% to 43%from 45% to 43%

1 in 100 American adults are behind bars1 in 100 American adults are behind bars 1 in 31 adults are either incarcerated, or on 1 in 31 adults are either incarcerated, or on

probation or paroleprobation or parole Spending on corrections has quadrupled in the Spending on corrections has quadrupled in the

last two decades. last two decades. Only Medicaid has grown faster in state budgets. Only Medicaid has grown faster in state budgets.

Source: Pew Center on States Recidivism Study, August, 2011Source: Pew Center on States Recidivism Study, August, 2011

In 2006, 69% of all people convicted of In 2006, 69% of all people convicted of a felony in a state court were sentenced a felony in a state court were sentenced to incarcerationto incarceration 41% to state prison41% to state prison 28% to local jails28% to local jails Average prison sentence = 4 yrs and 11 Average prison sentence = 4 yrs and 11

monthsmonths 83% of all people incarcerated are male 83% of all people incarcerated are male

““Felony Sentences in State Courts, 2005—Statistical Felony Sentences in State Courts, 2005—Statistical Tables, Rosenmerkel et. al., Bureau of Justice Statistics, Tables, Rosenmerkel et. al., Bureau of Justice Statistics, December, 2009December, 2009

A prison bed costs $52.22 per day as of fiscal A prison bed costs $52.22 per day as of fiscal year 2010year 2010

Probation or parole costs $4.00 per dayProbation or parole costs $4.00 per day District Court criminal filings increased 14% District Court criminal filings increased 14%

from 2009 to 2010from 2009 to 2010 Felony Driving Under the Influence filings Felony Driving Under the Influence filings

increased by 25% in 2010increased by 25% in 2010 For the calendar year 2010, there were For the calendar year 2010, there were

11,884 criminal cases filed in District Court11,884 criminal cases filed in District Court Sources: Idaho Department of Correction FY 2010 Sources: Idaho Department of Correction FY 2010

annual report; Idaho Supreme Court FY 2010 annual annual report; Idaho Supreme Court FY 2010 annual report.report.

In Idaho (August, 2011) In Idaho (August, 2011) 7,555 people were incarcerated 7,555 people were incarcerated 480 were released480 were released 14,008 were on supervised release14,008 were on supervised release 88% of those incarcerated were male88% of those incarcerated were male 74% of those incarcerated were white74% of those incarcerated were white 16% were Hispanic 16% were Hispanic

Felonies are crimes which are punishable by Felonies are crimes which are punishable by more than one year in jail.more than one year in jail.

Felonies carry the most serious collateral Felonies carry the most serious collateral consequences:consequences: Limited employment options, loss of right to Limited employment options, loss of right to

bear arms, registration requirements on some bear arms, registration requirements on some cases, deportation.cases, deportation.

94% of all people charged with a felony plead 94% of all people charged with a felony plead guilty to one or more chargesguilty to one or more charges

The name of the offense doesn’t give you The name of the offense doesn’t give you enough information.enough information.

The sentencing process begins with The sentencing process begins with plea or verdictplea or verdict

Pre-sentence investigations take 6-8 Pre-sentence investigations take 6-8 weeks in felony cases, often more, weeks in felony cases, often more, depending upon assessmentsdepending upon assessments

Assessments: domestic violence, Assessments: domestic violence, mental health, substance abusemental health, substance abuse

Name(s), date(s) of birth, social security Name(s), date(s) of birth, social security number(s)number(s)

Official version of the crimeOfficial version of the crime DefendantDefendant’’s version of the crimes version of the crime VictimVictim’’s version of the crime or statements version of the crime or statement Prior RecordPrior Record Family background and contact infoFamily background and contact info DefendantDefendant’’s description of childhoods description of childhood Interests; activities (including gang Interests; activities (including gang

involvement)involvement)

Education Education Current and prior employmentCurrent and prior employment Military recordMilitary record Health (physical and mental)Health (physical and mental) Substance abuseSubstance abuse TCU drug screenTCU drug screen Income and expensesIncome and expenses Self evaluationSelf evaluation InvestigatorInvestigator’’s assessment and recommendation s assessment and recommendation

Multiple aliasesMultiple aliases First description of offenseFirst description of offense Third party informationThird party information

Family members, investigating officers, Family members, investigating officers, employers, etc.employers, etc.

Prior recordPrior record Frequency of offenses, seriousness of offenses, Frequency of offenses, seriousness of offenses,

gapsgaps Did the defendant drop out of school? Get a Did the defendant drop out of school? Get a

GED later?GED later? Employable skillsEmployable skills

Detail on past offensesDetail on past offenses Substance abuse: type of drug, level of Substance abuse: type of drug, level of

habit, age of onsethabit, age of onset Blood Alcohol level Blood Alcohol level Attitudes and valuesAttitudes and values Existence and type of support networkExistence and type of support network

Variety of assessment Variety of assessment instruments: LSI, Gain, Sassiinstruments: LSI, Gain, Sassi

Rough classes of offenders:Rough classes of offenders: High risk/High needsHigh risk/High needs Low risk/low needsLow risk/low needs

Risk ranking

High Risk, high needsHigh Risk, high needs Background of turmoilBackground of turmoil Leaves school earlyLeaves school early Early drug use and heavy drug use Early drug use and heavy drug use Lots of criminal friends and thinking patternsLots of criminal friends and thinking patterns Lengthy record including juvenile recordLengthy record including juvenile record No employmentNo employment

Most worrisome: antisocial personality Most worrisome: antisocial personality ““I do what I want when I want.I do what I want when I want.”” No empathy, impulsive, arrogant, aggressive, No empathy, impulsive, arrogant, aggressive,

adventure seeking, no real desire for self adventure seeking, no real desire for self control, pattern of criminal thinkingcontrol, pattern of criminal thinking

Split sentence: probation and jail, Split sentence: probation and jail, withheld judgmentwithheld judgment Jail—thinking errors; substance abuse Jail—thinking errors; substance abuse

treatment, work release, SILDtreatment, work release, SILDRetained jurisdiction (Rider) Retained jurisdiction (Rider)

Cottonwood program which Cottonwood program which addresses multiple risk factors; addresses multiple risk factors; CAPPCAPP

PrisonPrison

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-4

-2

0

2

4

6

8

Imp

act

of

Tre

atm

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Tre

atm

en

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ffect”

)

Low Risk

Low/ ModerateRisk

ModerateRisk

High Risk

• Punishment, sanctions, or incarceration*

• Specific deterrence, or fear-based programs, e.g., Scared Straight

• Physical challenge programs

• Military models of discipline and physical fitness - Boot Camps

• Intensive supervision without treatment

•*if high risk, works for low risk

(Ready forchange)

ENTERHERE

TEMPORARYEXIT

Relapse(Skills to maintain

w/o relapse)Maintenance

(Doing somethingi.e. treatment) Pre-Contemplation

(Denial)

Contemplation( “yes but...”)

Action

PERMANENT EXIT

ENTERHERE

TEMPORARYEXIT

Relapse

Maintenance

Pre-Contemplation

Contemplation

Action

PERMANENT EXIT

Avoid Demoralization

Relapse Prevention

Practical Strategies

Increase Ambivalence

Promote Self-Diagnosis

Target the populationTarget the populationConsider other options: Consider other options:

Drug CourtsDrug Courts Mental Health CourtsMental Health Courts Domestic Violence CourtsDomestic Violence Courts

Alternate optionAlternate option Bridge CourtBridge Court

Idaho has 56 drug and mental health Idaho has 56 drug and mental health courtscourts

All are at capacityAll are at capacity In fiscal year 2010, there were 1,783 In fiscal year 2010, there were 1,783

offenders in drug courtsoffenders in drug courts 84% were retained or graduated84% were retained or graduated 16% failed16% failed Proven record of reduction of recidivismProven record of reduction of recidivism Target population: high risk, high needsTarget population: high risk, high needs

Judicial supervision of an Judicial supervision of an integrated teamintegrated team

Close coordination of providers Close coordination of providers Frequent random testingFrequent random testingTreatment Treatment

multiple life areas: employability, multiple life areas: employability, thinking errors, living situationsthinking errors, living situations

AccountabilityAccountability

Option for felony possession offenses Option for felony possession offenses and substance abuse crimes but not and substance abuse crimes but not crimes of violencecrimes of violence

Screened at the preliminary hearing Screened at the preliminary hearing stage or guilty plea phasestage or guilty plea phase

Openings for 212. Not open to non-Openings for 212. Not open to non-residents (unless self-pay); dealersresidents (unless self-pay); dealers

80% graduate80% graduate

Multi-disciplinary teams under the Multi-disciplinary teams under the supervision of the judgesupervision of the judge

Strong communicationStrong communication Staged treatmentStaged treatment Structured sanctionsStructured sanctions Screening tools generally used to Screening tools generally used to

assign offendersassign offenders Identified target populationIdentified target population

Commitment by the JudgeCommitment by the Judge Clear goalsClear goals AccountabilityAccountability Smaller sanctions; more quickly Smaller sanctions; more quickly

imposedimposed Community resources utilized to reduce Community resources utilized to reduce

risk of re-offenserisk of re-offense

One size does not fit allOne size does not fit all Adjusted level of riskAdjusted level of risk Severity of violationSeverity of violation Nature of the condition: Treatment or ControlNature of the condition: Treatment or Control Extent of prior complianceExtent of prior compliance

Graduated continuum of both sanctions and Graduated continuum of both sanctions and servicesservices

Swift, certain, and proportionate sanctions Swift, certain, and proportionate sanctions for technical violations: Administrative for technical violations: Administrative sanctions policy that allows flexibility by sanctions policy that allows flexibility by probationprobation

Incentives for compliance: 4 rewards for Incentives for compliance: 4 rewards for every sanctionevery sanction

People can and do changePeople can and do changeThe system can help them want to The system can help them want to

change and make change more change and make change more possiblepossible

Ultimately, change is a choice Ultimately, change is a choice each offender must makeeach offender must make

Finally, itFinally, it’’s worth trying.s worth trying.

• Idaho State Judiciary www.isc.idaho.gov

• Pew Center on the States www.pewcenteronthestates.org

• National Drug Court Institute www.ndci.org