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Department of Corrections Virginia Criminal Sentencing Commission “Prison Bound Offenders” Appropriations Act Item 387 D September 8, 2008 PowerPoint PPT Presentation


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Department of Corrections Virginia Criminal Sentencing Commission “Prison Bound Offenders” Appropriations Act Item 387 D September 8, 2008. 2008 Appropriations Act Item 387D.

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Department of Corrections Virginia Criminal Sentencing Commission “Prison Bound Offenders” Appropriations Act Item 387 D September 8, 2008

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Department of CorrectionsVirginia Criminal Sentencing Commission“Prison Bound Offenders”Appropriations 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 exceptfor 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

    • Female40.3%

    • Male59.7%

  • Current Offense

    • Drug Schedule I/II67.2%

    • Fraud17.9%

    • Larceny11.4%

    • Drug Other 3.5%

  • Prior History of Drug Abuse79.7%

  • Prior Felony Conviction/Adj.62.0%

  • Prior Adult Incarcerations 65.6%

    • 1 - 2 Prior Adult Incarcerations35.7%

    • 3 - 4 Prior Adult Incarcerations12.1%

    • 5 or more Prior Adult Incarcerations17.8%


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Ideas Under Consideration

  • Intensify programs & services for DOC’s 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 2007Substance Abuse Services Council Report

  • FY 2007 Drug Screening, Assessment, and Treatment Report

  • 2008JLARC Study on “Mitigating the Costs of Substance Abuse in Virginia”

  • 2008 Report of the SJR 77 Joint Subcommittee (Pending)

  • 2008Pre-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 PersonalServices)

  • 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


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