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Sentencing Reform Commission Retreat System Overview & Drivers June 26, 2009. John Speir, Ph.D. Applied Research Services, Inc. Presentation Objectives. SC Primer: SC Terms & Programs Sentencing and Offense Trends Prison & Probation Dynamics Release Mechanisms & Utilization

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Sentencing Reform Commission Retreat System Overview & Drivers June 26, 2009

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Sentencing reform commission retreat system overview drivers june 26 2009

Sentencing Reform

Commission Retreat

System Overview & Drivers

June 26, 2009

John Speir, Ph.D.

Applied Research Services, Inc.


Sentencing reform commission retreat system overview drivers june 26 2009

Presentation Objectives

  • SC Primer: SC Terms & Programs

  • Sentencing and Offense Trends

  • Prison & Probation Dynamics

  • Release Mechanisms & Utilization

  • Post-Release Trends

  • System Drivers: Where Do We Look First?


Sentencing reform commission retreat system overview drivers june 26 2009

SC System Terms & Background

  • Truth-in-Sentencing Statute

  • Prison (SCDC) Custody: 91 Day Sentences

  • Violence Defined Statutorily – Implications

  • Community Supervision Program (CSP)


Sentencing reform commission retreat system overview drivers june 26 2009

SC System Terms & Background

  • Youthful Offender Act (YOA)

  • Felony & Misdemeanor Classification

  • Sentence Length:

    • Total Sentence

    • Prison Term

  • Suspended Sentence


  • Sentencing reform commission retreat system overview drivers june 26 2009

    Do We Have the Right Data?

    • Department of Corrections (SCDC): 5 Years of Admissions, Active, and Release Population

    • Probation, Parole, and Pardons (PPP): Admissions, Revocations, and Parole Hearing Outcomes

    • Judicial Department: 10-Years Indictments and Dispositions


    Sentencing reform commission retreat system overview drivers june 26 2009

    Commission Data?

    • SLED/Budget Control Board: Computerized Criminal History (CCH)- rap sheet repository

    • Statistical Analysis Center (SAC):

    • National Incident-based Reporting System


    Sentencing reform commission retreat system overview drivers june 26 2009

    Violent Crime and Incarceration Rate

    Violent Crime Rate

    Incarceration Rate


    Sentencing reform commission retreat system overview drivers june 26 2009

    Filings, Dispositions,

    And Pending

    % Change 2000-07

    Filings +16%

    Dispositions + 5%

    Pending +41%

    Source: Judicial Department


    Sentencing reform commission retreat system overview drivers june 26 2009

    Percent Convictions (%)

    No Significant Change Over

    Last 5 years (40% to 42%)

    Source: Judicial Department


    Sentencing reform commission retreat system overview drivers june 26 2009

    Felony Classes

    A

    5%

    B

    1%

    C

    4%

    D

    20%

    E

    20%

    F

    46%

    X

    3%

    U

    1%

    Source: Judicial Department


    Sentencing reform commission retreat system overview drivers june 26 2009

    Misdemeanor Classes

    A

    27%

    B

    5%

    C

    25%

    1%

    X

    U

    43%

    Source: Judicial Department


    Sentencing reform commission retreat system overview drivers june 26 2009

    In-Out Decisions: Top 25

    30%

    Prison

    Probation

    70%

    Challenge Estimating In-Out Decisions

    Source:: SCDC & PPP


    Sentencing reform commission retreat system overview drivers june 26 2009

    Burglary: 2nd Degree (Violent)

    Prison

    65%

    Probation

    35%

    Source:: SCDC & PPP


    Sentencing reform commission retreat system overview drivers june 26 2009

    Burglary: 2nd Degree

    (Non-Violent)

    Prison

    49%

    Probation

    51%

    Source:: SCDC & PPP


    Sentencing reform commission retreat system overview drivers june 26 2009

    Burglary: 3rd Degree

    25%

    Prison

    Probation

    75%

    Source:: SCDC & PPP


    Sentencing reform commission retreat system overview drivers june 26 2009

    Prison Population

    Total Inmate Pop

    +13% Since 2000

    Admissions

    +26% Since 2000

    8

    Source: SCDC. 2009


    Sentencing reform commission retreat system overview drivers june 26 2009

    New Court Admissions

    73%

    Probation Revocations

    14%

    Parole Revocations

    8%

    Community Supervision

    3%

    Other

    2%

    Who Is Going To Prison?

    FY-2008 Admissions

    13,950

    Source: SCDC Raw Data Files: FY-08 Admissions


    Sentencing reform commission retreat system overview drivers june 26 2009

    New Court Prison Admissions

    10,232

    Non-Youthful

    Offenders

    90%

    Youthful

    Offenders

    10%

    No-Parole (85% Time-Serve) Inmates Represent 12% of New Court Commits

    Source: SCDC Raw Data Files: FY-08 Admissions

    Excludes New Court Admission s from Other Jurisdictions (N=89 inmates)


    Sentencing reform commission retreat system overview drivers june 26 2009

    • DOC Probation Revocations

    1,884

    Probation Revocation

    55%

    Probation Revocation (w/ new sentence)

    45%

    Source: SCDC Raw Data Files: FY-08 Admissions


    Sentencing reform commission retreat system overview drivers june 26 2009

    DOC Parole Revocations

    1,175

    Non-Youthful Offender (n=438)

    Parole Revocation

    Parole Revocation (w/ new sentence)

    14%

    24%

    Youthful Offender (n=737)

    Parole Revocation

    Parole Revocation (w/ new sentence)

    60%

    2%

    Source: SCDC Raw Data Files: FY-08 Admissions


    Sentencing reform commission retreat system overview drivers june 26 2009

    Community Supervision Program (CSP) Revocations

    336

    75%

    Revocation

    Revocation (w/ new sentence)

    25%

    Source: SCDC Raw Data Files: FY-08 Admissions


    Sentencing reform commission retreat system overview drivers june 26 2009

    Selected Offenses


    Sentencing reform commission retreat system overview drivers june 26 2009

    Selected Offenses


    Sentencing reform commission retreat system overview drivers june 26 2009

    Prison Sentence Length

    All New Court Commitments: FY-2008

    1-6 mos

    18%

    19%

    6-12 mos

    Total = 10,232

    12-18 mos

    7%

    9%

    18-24 mos

    12%

    24-36 mos

    44% have less than an 18 month prison term

    12%

    36-48 mos

    7%

    48-60 mos

    2%

    60-72 mos

    2%

    72-84 mos

    1.6%

    84-96 mos

    <1%

    96-108 mos

    3.8%

    108-120 mos

    6%

    120+ mos

    Source: SCDC Raw Data Files: FY-08 Admissions


    Sentencing reform commission retreat system overview drivers june 26 2009

    Sentence Length

    Burglary 2nd Degree - Non-Violent

    3%

    1-6 mos

    9%

    6-12 mos

    5%

    12-18 mos

    8%

    18-24 mos

    12%

    24-36 mos

    39%

    36-48 mos

    11%

    48-60 mos

    3%

    60-72 mos

    3%

    72-84 mos

    2%

    84-96 mos

    1%

    96-108 mos

    2%

    108-120 mos

    2%

    120+ mos

    Source: SCDC Raw Data Files: FY-08 Admissions


    Sentencing reform commission retreat system overview drivers june 26 2009

    Sentence Length

    Robbery

    2%

    1-6 mos

    5%

    6-12 mos

    3%

    12-18 mos

    6%

    18-24 mos

    10%

    24-36 mos

    35%

    36-48 mos

    13%

    48-60 mos

    4%

    60-72 mos

    3%

    72-84 mos

    4%

    84-96 mos

    1%

    96-108 mos

    4%

    108-120 mos

    10%

    120+ mos

    Source: SCDC Raw Data Files: FY-08 Admissions


    Sentencing reform commission retreat system overview drivers june 26 2009

    Sentence Length

    Possession Cocaine

    23%

    1-6 mos

    33%

    6-12 mos

    12%

    12-18 mos

    13%

    18-24 mos

    14%

    24-36 mos

    2%

    36-48 mos

    2%

    48-60 mos

    1%

    60-72 mos

    Source: SCDC Raw Data Files: FY-08 Admissions


    Sentencing reform commission retreat system overview drivers june 26 2009

    Sentence Length

    Driving Under Suspension

    78%

    1-6 mos

    18%

    6-12 mos

    2%

    12-18 mos

    1%

    18-24 mos

    1%

    24-36 mos

    Source: SCDC Raw Data Files: FY-08 Admissions


    Sentencing reform commission retreat system overview drivers june 26 2009

    Time Served

    Maxout

    Parole

    %

    Mos.

    %

    Mos.

    Assault & Battery – High & Aggravated Nature

    Burglary – 2nd Degree & Non-Violent

    Cocaine Possession

    Driving Under Suspension

    Forgery

    52%

    52%

    51%

    42%

    49%

    18

    20

    7

    3

    10

    39%

    40%

    34%

    0%

    38%

    29

    44

    11

    0

    19


    Sentencing reform commission retreat system overview drivers june 26 2009

    Time Served –

    Probation/Parole Violators

    Time Served

    (in months)

    Revocation Type

    Average

    Median

    27

    14

    10

    20

    13

    28

    13

    8

    9

    10

    10

    6

    12

    10

    Parole Violator

    Probation Violator

    YOA Parole Violator

    Parole Revocation w/ New Sentence

    Probation/CS Revocation w/ New Sentence

    YOA Revocation w/ New Sentence

    Total


    Sentencing reform commission retreat system overview drivers june 26 2009

    Probation & Parole Admissions

    FY-08 Admissions 19,049

    73%

    Probation

    11%

    Splits

    Total Probation & Parole Population (FY-2008)

    32,194

    8%

    YOA Program

    4%

    Parole

    Community Supervision

    3%

    1%

    Other


    Sentencing reform commission retreat system overview drivers june 26 2009

    Supervision Level By Category

    Standard

    74%

    Probation

    Parole

    Youthful Offender

    80%

    56%

    High

    Supervision Levels Do Not

    Include Specialized Sex Offender Caseloads & CSP Offenders

    24%

    Probation

    Parole

    Youthful Offender

    14%

    20%

    Intensive

    2%

    Probation

    Parole

    Youthful Offender

    6%

    23%


    Sentencing reform commission retreat system overview drivers june 26 2009

    System Drivers Deserving Closer Review

    (Evaluation Criteria)

    • Offense Specific Analysis

    • Structural Problems

    • Policy Over/Under Utilization


    Sentencing reform commission retreat system overview drivers june 26 2009

    System Drivers Deserving Closer Review

    (Evaluation Criteria - Offenses)

    • Annual # Admissions

    • Increase in admissions over time

    • Length-of-Stay (LOS)

    • Projected Bed Day Utilization

    • Significant impact over many years

  • Potential for Change


  • Sentencing reform commission retreat system overview drivers june 26 2009

    Offense/Offender Triage

    Burglary 2nd Degree/Non-Violent

    Burglary 2nd Degree

    Probation Violation w/out New Sentence

    Parole Violation w/out New Sentence

    Forgery

    Failure to Stop

    DUI

    Driving Under Suspension


    Sentencing reform commission retreat system overview drivers june 26 2009

    Structural Problem:

    Parole-Maxout Dilemma

    Parole Unavailable

    For No-Parole Offenders or Competes a Against Earned Time Credits


    Sentencing reform commission retreat system overview drivers june 26 2009

    Parole-Maxout Dilemma?

    10-Year Total Prison Sentence with 2 Years to Serve

    Non-Violent Offense & Parole Eligible

    1 Month

    10 Years

    2-Year Prison

    Term

    Parole

    Eligible

    2.5 to 3 years

    Maxout

    Before Parole (approximately 1,000 per year)


    Sentencing reform commission retreat system overview drivers june 26 2009

    Parole-Maxout Dilemma?

    10 Year Suspended on Service of 6 Years

    Violent Offense & Parole Eligible

    10 Year

    Suspended

    1 Month

    6-Year

    Prison

    Service

    Mark

    Parole

    Eligible

    at 40

    months

    Maxout

    @ 36 months


    Sentencing reform commission retreat system overview drivers june 26 2009

    % Maxout & Parole Release:

    Suspended Sentences

    New Court Admissions

    2004-2008

    Maxouts

    81%

    Not Suspended

    Suspended

    19%

    Paroles (NYOA)

    54%

    Not Suspended

    46%

    Suspended


    Sentencing reform commission retreat system overview drivers june 26 2009

    % Hearing Approval Rates, 1975-2007

    80%

    60%

    40%

    20%

    0%

    1975

    1985

    1995

    2007

    Source: SC Statistical Analysis Center, 2008


    Sentencing reform commission retreat system overview drivers june 26 2009

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