SENTENCING: NEW AND RENEWED APPROACHES

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SENTENCING NEW AND RENEWED APPROACHES

• Judge Deborah Bail

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OUR GOAL PROTECTING THE PUBLICBY CHANGING
LIVES
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STARTING POINTS

• In the last decade, prison spending has increased
  by 22 billion.
• The rate of ex-cons returning to crime within
  three years of release has only slightly budged
  from 45 to 43
• 1 in 100 American adults are behind bars
• 1 in 31 adults are either incarcerated, or on
  probation or parole
• Spending on corrections has quadrupled in the
  last two decades.
• Only Medicaid has grown faster in state budgets.
  
• Source Pew Center on States Recidivism Study,
  August, 2011

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STARTING POINTS

• In 2006, 69 of all people convicted of a felony
  in a state court were sentenced to incarceration
• 41 to state prison
• 28 to local jails
• Average prison sentence 4 yrs and 11 months
• 83 of all people incarcerated are male
• Felony Sentences in State Courts,
  2005Statistical Tables, Rosenmerkel et. al.,
  Bureau of Justice Statistics, December, 2009

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Idaho Statistics

• A prison bed costs 52.22 per day as of fiscal
  year 2010
• Probation or parole costs 4.00 per day
• District Court criminal filings increased 14
  from 2009 to 2010
• Felony Driving Under the Influence filings
  increased by 25 in 2010
• For the calendar year 2010, there were 11,884
  criminal cases filed in District Court
• Sources Idaho Department of Correction FY 2010
  annual report Idaho Supreme Court FY 2010 annual
  report.

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Idaho Statistics

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

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STARTING POINTS

• Felonies are crimes which are punishable by more
  than one year in jail.
• Felonies carry the most serious collateral
  consequences
• Limited employment options, loss of right to bear
  arms, registration requirements on some cases,
  deportation.
• 94 of all people charged with a felony plead
  guilty to one or more charges
• The name of the offense doesnt give you enough
  information.

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SENTENCING

• The sentencing process begins with plea or
  verdict
• Pre-sentence investigations take 6-8 weeks in
  felony cases, often more, depending upon
  assessments
• Assessments domestic violence, mental health,
  substance abuse

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PRESENTENCE REPORTS

• Name(s), date(s) of birth, social security
  number(s)
• Official version of the crime
• Defendants version of the crime
• Victims version of the crime or statement
• Prior Record
• Family background and contact info
• Defendants description of childhood
• Interests activities (including gang involvement)

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PRESENTENCE REPORTS

• Education
• Current and prior employment
• Military record
• Health (physical and mental)
• Substance abuse
• TCU drug screen
• Income and expenses
• Self evaluation
• Investigators assessment and recommendation

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What information is critical?

• Multiple aliases
• First description of offense
• Third party information
• Family members, investigating officers,
  employers, etc.
• Prior record
• Frequency of offenses, seriousness of offenses,
  gaps
• Did the defendant drop out of school? Get a GED
  later?
• Employable skills

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Critical Information

• Detail on past offenses
• Substance abuse type of drug, level of habit,
  age of onset
• Blood Alcohol level
• Attitudes and values
• Existence and type of support network

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ASSESSING OFFENDERS

• Variety of assessment instruments LSI, Gain,
  Sassi
• Rough classes of offenders
• High risk/High needs
• Low risk/low needs

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LSI-R The level of service inventory - Revised

• Risk ranking

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ASSESSING OFFENDERS

• High Risk, high needs
• Background of turmoil
• Leaves school early
• Early drug use and heavy drug use
• Lots of criminal friends and thinking patterns
• Lengthy record including juvenile record
• No employment
• Most worrisome antisocial personality
• I do what I want when I want.
• No empathy, impulsive, arrogant, aggressive,
  adventure seeking, no real desire for self
  control, pattern of criminal thinking

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SENTENCING OPTIONS

• Split sentence probation and jail, withheld
  judgment
• Jailthinking errors substance abuse treatment,
  work release, SILD
• Retained jurisdiction (Rider) Cottonwood program
  which addresses multiple risk factors CAPP
• Prison

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The Impact of Treatment Varies by Offender Risk
Level
Impact of Treatment (Treatment Effect)
Low Risk
Low/ ModerateRisk
ModerateRisk
High Risk
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What Doesnt Work to Reduce Recidivism

• 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

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Stages of change
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Responses to change
Avoid Demoralization
Relapse Prevention
Promote Self-Diagnosis
Practical Strategies
Increase Ambivalence
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NEW APPROACHES

• Target the population
• Consider other options
• Drug Courts
• Mental Health Courts
• Domestic Violence Courts
• Alternate option
• Bridge Court

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DRUG COURTS

• Idaho has 56 drug and mental health courts
• All are at capacity
• In fiscal year 2010, there were 1,783 offenders
  in drug courts
• 84 were retained or graduated
• 16 failed
• Proven record of reduction of recidivism
• Target population high risk, high needs

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DRUG COURT APPROACH

• Judicial supervision of an integrated team
• Close coordination of providers
• Frequent random testing
• Treatment
• multiple life areas employability, thinking
  errors, living situations
• Accountability

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ADA COUNTY DRUG COURT

• Option for felony possession offenses and
  substance abuse crimes but not crimes of violence
• Screened at the preliminary hearing stage or
  guilty plea phase
• Openings for 212. Not open to non-residents
  (unless self-pay) dealers
• 80 graduate

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GENERAL CHARACTERISTICS OF TARGETED COURTS

• Multi-disciplinary teams under the supervision of
  the judge
• Strong communication
• Staged treatment
• Structured sanctions
• Screening tools generally used to assign
  offenders
• Identified target population

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APPLYING THE MODEL MORE BROADLY

• Commitment by the Judge
• Clear goals
• Accountability
• Smaller sanctions more quickly imposed
• Community resources utilized to reduce risk of
  re-offense

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PRINCIPLES re violations

• One size does not fit all
• Adjusted level of risk
• Severity of violation
• Nature of the condition Treatment or Control
• Extent of prior compliance
• Graduated continuum of both sanctions and
  services
• Swift, certain, and proportionate sanctions for
  technical violations Administrative sanctions
  policy that allows flexibility by probation
• Incentives for compliance 4 rewards for every
  sanction

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BOTTOM LINE

• People can and do change
• The system can help them want to change and make
  change more possible
• Ultimately, change is a choice each offender must
  make
• Finally, its worth trying.

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RESOURCES

• Idaho State Judiciary www.isc.idaho.gov
• Pew Center on the States www.pewcenteronthestates.
  org
• National Drug Court Institute www.ndci.org