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Ana Yáñez -Correa, Ph.D. Executive Director, Texas Criminal Justice Coalition. Jim Bethke Executive Director, Texas Indigent Defense Commission. Criminal Justice 2012: Containing the Costs. Today’s Objectives. What are the State / County Criminal Justice Costs?

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ana y ez correa ph d executive director texas criminal justice coalition

Ana Yáñez-Correa, Ph.D. Executive Director, Texas Criminal Justice Coalition

Jim BethkeExecutive Director, Texas Indigent Defense Commission


CriminalJustice 2012:

Containing the Costs

Shared Solutions 2012

today s objectives
Today’s Objectives
  • What are the State / County Criminal Justice Costs?
  • What’s Working & How Do We Know?
  • What You Can Do to Control Costs And Ensure An Effective Justice System?

Shared Solutions 2012

each year the state spends
Each Year the State Spends. . .

Prisons -- $3 billionPolice -- $1.4 billion

Courts -- $321.5 million

Prosecution --$42 million

Indigent Defense --$30 million

Shared Solutions 2012

texas incarceration
Texas Incarceration

About 155,000 inmates per day:

140,000 in prisons

3,000 in SAFPF

12,000 in state jails

49% nonviolent offenders

Shared Solutions 2012

at what cost
At What Cost?

$51 dollars person per day

$7.3 million per day

$2.7 billion per year

Nonviolent Offenders:

$1.3 billion per year

Shared Solutions 2012

texas parole
Texas Parole

About 81,000 parolees per day

78% nonviolent offenders

Shared Solutions 2012

state parole costs
State Parole Costs

$3.75/day per person

$100 million per year

Nonviolent Offenders:

$86 million per year

Shared Solutions 2012

texas probation cjad
Texas Probation (CJAD)

About 420,000 probationers per day

89% nonviolent offenders

Shared Solutions 2012

state probation costs
State Probation Costs

$1.30/day per person

$200 million per year

Nonviolent Offenders:

$178 million per year

Shared Solutions 2012

returning to our communities
Returning to our Communities

About 72,000 people are released from prison each year in Texas.

99% of those currently in prison will be released eventually.

TDCJ has a 25% recidivism rate.

Shared Solutions 2012

annual cost per person
Annual Cost Per Person

1 Prisoner

2 University of Texas at Austin Students


Shared Solutions 2012

controlling costs at state
Controlling Costs at State
  • Refuse to pass unfunded mandates
  • Strengthen Re-Entry Programs
  • Shift dollars from incarceration of non-violent offenders to more effective alternatives--based on Evidence Based Practices (EBP)

Shared Solutions 2012

statewide collaboration efforts
Statewide Collaboration Efforts
  • Criminal Justice Advisory Council
  • Criminal Justice Integrity Unit
  • Timothy Cole’s Advisory Panel

Shared Solutions 2012

result better laws
Result = Better Laws

82nd Legislature Passes:

HB 215

Eyewitness ID Procedures

Shared Solutions 2012

what if we don t work together
What if we don’t work together?
  • $42 million in statutory compensation
    • 74 innocent people spent over 700 years behind bars
  • Public-at-Risk

Shared Solutions 2012

harris county larger population than 24 states
Harris County:Larger Population than 24 States


Harris County Population

Shared Solutions 2012

harris county budget

6% compared to 52%

Harris County Budget

State Budget

Shared Solutions 2012



Shared Solutions 2012

direct filing of criminal cases

Direct Filing of Criminal Cases:

Closing the Paper Trap

Harris/El Paso/San Antonio

2006 Study

Purpose of this Study:
    • Provide practical evidence-based guidance for jurisdictions to follow in implementing criminal justice processes that are fair, accurate, timely, efficient, and effective
  • Caveat:
    • There should never be a rush to judgment. Processes should ensure that defense counsel and prosecutors alike have ample opportunity to develop their cases.
Cases Screened and Released

at the time of arrest


I. Cases Screened and Released at Arrest

COUNTY savings:

$663 / defendant

PERSONAL savings:

$549 / defendant

El Paso-DIMS Cases Rejected Prior to Booking


  • 19% of El Paso’s DIMS cases were reviewed and rejected for prosecution at the scene of offense. Harris County estimates a minimum 10% case rejection rate prior to booking.
lubbock county expenses fy2010 86 462 040
Lubbock County ExpensesFY2010: $86,462,040


($3.8 million)

Indigent Defense



Total spent on Administration of Justice

Shared Solutions 2012

6 compared to 65
6%compared to 65%

Lubbock County Budget

State Budget

Shared Solutions 2012

lubbock county regional public defender for capital cases
Lubbock County:Regional Public Defender for Capital Cases

Source:, “Lubbock County ‘09 Best Practices Award Video for Regional Public Defender Capital Cases,”

Shared Solutions 2012

lubbock county special needs defender office
Lubbock County:Special Needs Defender Office

Source:, “Lubbock County ‘09 Best Practices Award Video for Regional Public Defender Capital Cases,”

Shared Solutions 2012


Other Opportunities?

Shared Solutions 2012

tim murray
Tim Murray

Shared Solutions 2012


Crisis Intervention Teams

  • Mental health dockets
  • Wrap-around services
  • Outpatient competency restoration centers
  • Day reporting centers
  • Community-based receiving centers
  • Detox and referral facilities
  • Community policing
  • Invest in affordable housing for returning individuals
  • Build re-entry roundtables

Shared Solutions 2012


Who Must Make These Choices?

Shared Solutions 2012



Shared Solutions 2012


Dallas Morning News

January 12, 2006



citation that ordered him to appear in Justice of the Peace Luis Sepulveda’s court on Jan. 5.

Mr. Mann is indigent and takes medication to ward off the effects of schizophrenia.

He spent his first few nights of freedom sleeping in the cab of an old truck behind the Oak Cliff church he attended.

When Mr. Mann showed up in court Jan. 5, he was told a warrant was outstanding against him for a bad check he wrote to Minyard’s for.

pleaded no contest. And on the second page of the plea paperwork, where a line can be checked to indicate if the defendant is indigent or not, a checkmark appears next to “I am not indigent.”

Mr. Mann insists he did not make that mark. But Judge Sepulveda said that clerks are not allowed to fill out that part of the form and that they are well trained to

$67.05He was told he would have to pay the amount of the check, plus a fine of $500 and court costs of $93. But first he would have to contact the district attorney’s office to work out the details.

The district attorney’s office on Wednesday sought the case’s dismissal, and the judge will review the request.

Mr. Mann, who showed up in court last week with his pastor but no lawyer,

By Staff Writer, Jim O’Neill

Walter Mann Sr. figured he had paid Dallas County plenty by spending 15 months in jail without any felony charges filed against him and without access to a lawyer. In fact, he figured Dallas County owed him something.

But as he left the jail a few weeks ago, after a public defender heard about his plight and worked to get him released, he was handed a

charges dropped against man left in jail
Charges dropped against man left in jail

Lubbock Avalanche-Journal

Friday, January 13, 2006

  • and $93 in court costs.
  • Mann was initially incarcerated on three minor bad check warrants.
  • The district attorney's office Wednesday asked a judge to dismiss the case against Mann, who is indigent and unemployed with an eighth-grade education.
  • "Under the policies, he would be entitled to having everything cleared with the time he served in jail," said Nick Cariotis, the head of the district attorney's bank fraud decision.

DALLAS (AP) - Dallas County officials have dismissed remaining charges against a man who spent 15 months in jail without seeing a lawyer as he waited for a repeatedly postponed court hearing.

Walter Mann Sr., 69, walked out of jail Dec. 16 after a cellmate told his public defender about Mann's plight. But he was ordered to appear in court Jan. 5, when he learned of an outstanding warrant for a bad check he wrote for $67.05. Mann was told he would have to pay that amount, plus a $500 fine

indigent defense on line

Indigent Defense On-Line

Integrated Justice

mental health docket travis county court
Mental Health Docket:Travis County Court

Program Description: Travis County created a docket for misdemeanor mental health cases. Meeting Tuesdays and Thursdays, prosecutors and defense counsel work with judges in effort to ensure that defendants will have a support structure in place to assist them in remaining law-abiding.

Result: Lower recidivism rates and freed up resources.

“[T]he mental health docket has not required significant additional funding. Indigent defense representation and prosecution must be paid as usual and no additional court staff has been needed.”

-Judge Nancy Hohengarten, Travis County

Travis County Courthouse

“[T]he philosophy of the MH Docket is that the time spent now finding appropriate disposition of these cases will help alleviate recidivism and further drain on public resources. Prevention of subsequent arrests protects public safety, saves money, and is more just for mentally ill defendants.”

-Judge Nancy Hohengarten, Travis County

Shared Solutions 2012

mental health diversion bexar county
Mental Health Diversion: Bexar County

Program Description: Bexar County developed a one-stop drop-off destination that place medical, psychiatric, and jail diversion officials under one roof, allowing officers to leave individuals with specialized providers.

Result: 7,000 people diverted each year and $9 million in county savings.

Bexar County Courthouse

Program Description: Bexar County also offers the evidence-based practice, assisted outpatient treatment (AOT), a 50 person intense treatment programs for individuals with severe mental illness and a history of cycling in and out of the system.

Result: Reduced incidents of hospitalization, homelessness, arrests and incarcerations, victimization, and violent episodes. Increased treatment compliance and long-term voluntary compliance.

Shared Solutions 2012

four outpatient competency restoration pilot programs in texas
Four Outpatient Competency Restoration Pilot Programs in Texas

Program Description: A defendant with mental illness is offered services at a community-based facility to help the individual reach a minimum level of competency so that their case can be heard.

The program was implemented in Bexar, Dallas, Tarrant and Travis Counties, all following in the footsteps of a program previously implemented in Harris County. All were based on evidence-based practice.

Result: A reduction in competency restoration time from 60 to 21 days, lower recidivism rates. Dallas County saved $300,000 in one year.

Dallas County Courthouse

Shared Solutions 2012

nonviolent offender diversion smith county
Nonviolent Offender Diversion:Smith County

Step 1: In Smith County, the Alternative Incarceration Center (AIC) identifies individuals incarcerated for misdemeanors, state jail felonies, or nonviolent third degree felonies.

Step 2: The defendant pleads guilty and agrees to be placed on specialized probation with assignment to the AIC.

Step 3: The individual participates, in good faith, in AIC’s rehabilitation and reintegration programs, and if necessary, mental health treatment. Participants spend their days at the AIC and evenings at home.

Result: A 90% completion rate, a jail reduction of 120 inmates per day, and almost $1 million in savings within the first year. The program has maintained a 77% success (non-recidivism) rate.

Smith County’s Alternatives to Incarceration Center (AIC) has saved the county a total of $3 million.

Smith County Courthouse

Shared Solutions 2012

collaboration and communication wichita county jail
Collaboration and Communication: Wichita County Jail

Shared Solutions 2012

Source: Times Record News, November 29, 2011,