Charge of the Justice Reinvestment Task Force€¦ · 9/23/2016 1 1 Louisiana Data Analysis Part...
Transcript of Charge of the Justice Reinvestment Task Force€¦ · 9/23/2016 1 1 Louisiana Data Analysis Part...
9/23/2016
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Louisiana Data Analysis Part II: Prison Trends Continued
Justice Reinvestment Task ForceSeptember 23, 2016
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Charge of the Justice Reinvestment Task Force
• The Justice Reinvestment Task Force is a high-level, inter-branch, and bipartisan group charged with analyzing the drivers of the Louisiana prison population; assessing state sentencing and corrections policy; consulting criminal justice stakeholders; and forging consensus on a comprehensive package of reforms that will accomplish the following three goals as set out in HCR 82:
– Reduce correctional populations and associated criminal justice spending by focusing prison space on serious and violent criminals.
– Hold offenders accountable more efficiently by implementing or expanding research-based supervision and sentencing practices.
– Reinvest savings into strategies shown to decrease recidivism, including improved reentry outcomes.
Introduction
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Justice Reinvestment Task Force Schedule
• June 17, 2016: Introduction and National Trends
• August 11, 2016: Data Analysis I: Prison Trends
• September 23, 2016: Data Analysis II: Prison Trends
• October 21, 2016: Data Analysis III
• November 17, 2016: System Assessment
Introduction
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Outline
• Review
• Follow-up questions
• DOC file review data
Introduction
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PRISON TRENDS REVIEW
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Dramatic Growth in the Imprisonment Rate in Last Three and a Half Decades
Review: Regional Context
Source: Department of Justice, Bureau of Justice Statistics
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816
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100
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400
500
600
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800
900
1,000
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Louisiana Imprisonment Rate per 100,000 Residents, 1978-2014
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Louisiana Has Similar, Though Slightly Higher, Crime Rate to Many States in the Region
Review: Regional Context
Source: Federal Bureau of Investigation, Uniform Crime Reports
427 480 541 377 515 498 608 406 482
3,178 3,338 3,4163,281
3,459 3,460 3,0613,019
3,276
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
Alabama Arkansas Florida Georgia Louisiana SouthCarolina
Tennessee Texas GroupAverage
Total Index Crime Rate per 100,000 Residents by Type, 2014
Violent Property
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Admission Rate of Nonviolent Prisoners Much Higher Than States in Region With Similar Crime Rates
Review: Regional Context
50 70 48 40 59 54
109118
307
149
205178
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50
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150
200
250
300
350
400
Florida Georgia Louisiana South Carolina Texas Group Average
Prison Admission Rate per 100,000 Residents by Offense Type, 2014
Violent Nonviolent
Source: Department of Corrections statistical reports for each state
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86% of Prison Admissions Have A Nonviolent Primary Offense
Review: Admissions
Violent14%
Drug36%
Property31%
Other19%
Admissions by Primary Offense Type, 2015
Source: Louisiana Department of Corrections
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81% of Prison Admissions Have No Violent Offenses Associated with Current Admission
Violent Offense Associated w/
Current Admission19%
Drug35%
Property29%
Other17%
Admissions by Offense Type, 2015
Review: Admissions
Source: Louisiana Department of Corrections
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Revocations Make Up Majority of Admissions, But Share Has Declined in Last Decade
Review: Admissions
9,978 69%
10,3009,65859%
4,53631%
7,3126,755 41%
0
2,000
4,000
6,000
8,000
10,000
12,000
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
Admissions by Admission Type by Year
Revocation from Supervision Newly Sentenced Prisoner
Source: Louisiana Department of Corrections
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Newly Sentenced Prison Admissions Up Across All Offense Types
842
1,805
1,057
785
1,348
2,033
1,617 1,700
0
500
1,000
1,500
2,000
2,500
Violent Drug Property Other
Admissions by Offense Type, Newly Sentenced Prisoners, 2006 and 2015
2006 2015
13% increase
117% increase
53% increase
Review: Admissions
60% increase
Source: Louisiana Department of Corrections
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Top 10 Most Common Crimes at Admission for Newly Sentenced Prisoners Are All Nonviolent
Top 10 Offenses at Admission in 2015, Newly Sentenced Prisoners
Offense 2006 2015 % Change, 2006‐2015
POSSESSION OF SCHEDULE II DRUG 779 641 ‐18%
SIMPLE BURGLARY 278 466 68%
OPERATE VEHICLE WHILE INTOXICATED 218 380 74%
POSSESSION OF FIREARM BY FELON 102 308 202%
DISTRIBUTE SCHEDULE II DRUG 278 262 ‐6%
POSSESS WITH INTENT TO DISTRIBUTE SCHEDULE II DRUG 296 252 ‐15%
POSSESSION OF SCHEDULE I DRUG 100 245 145%
SIMPLE BURGLARY INHABITED DWELLING 83 216 160%
POSSESS WITH INTENT TO DISTRIBUTE SCHEDULE I DRUG 146 209 43%
SEX OFFENDER REGISTRATION VIOLATION 57 201 253%
Review: Admissions
Source: Louisiana Department of Corrections
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Average Time Served in Prison Has Changed Little in the Last Decade
Review: Time Served
24.9 25
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Average Time Served by Year
Source: Louisiana Department of Corrections
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Time Served Climbing for Some Common Offenses
Time Served (Months) for 10 Most Common Offenses at Admission in 2015, Newly Sentenced Prisoners
Offense 2006 2015 % Change, 2006‐2015
POSSESSION OF SCHEDULE II DRUG 17.9 16.8 ‐6%
SIMPLE BURGLARY 29.7 19.9 ‐33%
OPERATE VEHICLE WHILE INTOXICATED 6 11.3 88%
POSSESSION OF FIREARM BY FELON 35.9 30.6 ‐15%
DISTRIBUTE SCHEDULE II DRUG 32.3 35.3 9%POSSESS WITH INTENT TO DISTRIBUTE SCHEDULE II DRUG 29.6 35 18%
POSSESSION OF SCHEDULE I DRUG 28.1 17 ‐40%
SIMPLE BURGLARY INHABITED DWELLING 29.4 20.5 ‐30%POSSESS WITH INTENT TO DISTRIBUTE SCHEDULE I DRUG 30.9 24.7 ‐20%
SEX OFFENDER REGISTRATION VIOLATION 3.2 14 338%
Review: Time Served
Source: Louisiana Department of Corrections
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Proportion of Parole Releases Decreased Over Last Decade
Review: Time Served
Expiration of
Sentence6%
Diminution of
Sentence83%
Parole8%
Other3%
Releases by Release Type, 2006
Expiration of
Sentence6%
Diminution of
Sentence89%
Parole2%
Other3%
Releases by Release Type, 2015
Source: Louisiana Department of Corrections
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75% of Releases Exit a Local Facility or Transitional Work Program
Review: Time Served
Local Facility63%
Other2%
Private Facility4%
Reentry Center3%
State Prison16%
Transitional Work
Program12%
Releases by Release Facility, 2015
Source: Louisiana Department of Corrections
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People with Primary Drug or Property Offenses Make Up 40% of Prison Population
Violent45%
Drug24%
Property16%
Other15%
Prison Population by Offense Type, 2015
Review: Prison Population
Source: Louisiana Department of Corrections
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Revocations from Community Supervision Make Up 43% of Prison Population
Review: Prison Population
Source: Louisiana Department of Corrections
Newly Sentenced Prisoner
57%
Revocation from Supervision
43%
Prison Population by Admission Type, 2015
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One Quarter of Prisoners Have No Prior DOC Contacts
0 Priors25%
1 Prior19%
2 Priors17%
3-5 Priors28%
More than5 Priors
11%
Prison Population by Prior DOC Contacts, 2015
Review: Prison Population
Source: Louisiana Department of Corrections
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Prison Population Peaked in 2012 at Roughly 40,000
35,88539,867
36,146
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10,000
15,000
20,000
25,000
30,000
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2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
Prison Population by Year
Review: Recent Trends
Source: Louisiana Department of Corrections
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FOLLOW-UP QUESTIONS
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Follow-Up Topic: Regional Context
– Regional context
• Crime and incarceration trends over time
Follow-Up Questions
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Imprisonment Rate Higher Than States in Region With Similar Crime Rates
633599
513 517
816
429 437
584 566
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400
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Alabama Arkansas Florida Georgia Louisiana SouthCarolina
Tennessee Texas GroupAverage
Imprisonment Rate per 100,000 Residents, 2014
Follow-Up Questions
Source: Department of Justice, Bureau of Justice Statistics
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Most Peer States in Region Saw Reductions in Both Crime and Imprisonment In Past 5 Years
14%
2%
-3%
-8%
-8%
-8%
-11%
-17%
-11%
-17%
-15%
-11%
-11%
-11%
-24%
-14%
-30% -25% -20% -15% -10% -5% 0% 5% 10% 15% 20%
Arkansas
Tennessee
Alabama
Louisiana
Georgia
Florida
Texas
South Carolina
Imprisonment and Crime Rates per 100,000 Residents, 2009-2014
Crime rate change, 2009-2014 Imprisonment rate change, 2009-2014
Follow-Up Questions
Source: Department of Justice, Bureau of Justice Statistics and Federal Bureau of Investigation
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Follow-Up Topic: Habitual Offenders
– Habitual offenders• By parish
• By offense type
• By offense
Follow-Up Questions
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People Sentenced Under Habitual Offender Statute Are a Small But Growing Share of Prison Admissions
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365
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500
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
Newly Sentenced Prisoners Convicted Under Habitual Offender Statute by Year
Follow-Up Questions
Source: Louisiana Department of Corrections
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Majority of Habitual Offender Admissions Come from Small Number of Parishes
Follow-Up Questions
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CADDO
E. BATON ROUGE
LAFAYETTE
TANGIPAHOA
WASHINGTON
ST. TAMMANY
JEFFERSON
ORLEANS
Newly Sentenced Habitual Offenders by Parish of Conviction, 2015
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0 50 100 150 200
AVOYELLES
E. BATON ROUGE
WASHINGTON
OUACHITA
ORLEANS
ST. TAMMANY
CADDO
JEFFERSON
Newly Sentenced Habitual Offenders by Parish of Conviction, 2006
Source: Louisiana Department of Corrections
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Nearly ¾ of Habitual Offender Admissions Have a Primary Drug or Property Offense
Violent14%
Drug38%
Property34%
Other14%
Admissions Sentenced Under Habitual Offender Statute by Offense Type, Newly Sentenced Prisoners, 2015
Follow-Up Questions
Source: Louisiana Department of Corrections
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Drug Possession Is Most Common Primary Offense for Habitual Offender AdmissionsTop 10 Offenses at Admission for Newly Sentenced Prisoners Convicted Under Habitual Offender Statute
Offense 2015 Admissions
POSSESSION OF SCHEDULE II DRUG 56
SIMPLE BURGLARY 34
POSSESSION OF SCHEDULE I DRUG 23
THEFT 18
POSSESS WITH INTENT TO DISTRIBUTE SCHEDULE II DRUG 17
POSSESSION OF FIREARM BY FELON 17
SIMPLE BURGLARY INHABITED DWELLING 17
POSSESS WITH INTENT TO DISTRIBUTE SCHEDULE I DRUG 14
DISTRIBUTE SCHEDULE II DRUG 9
ILLEGAL POSSESSION OF STOLEN THINGS 8
Follow-Up Questions
Source: Louisiana Department of Corrections
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Follow-Up Topic: Time Served
– For snapshot prison population
• By offense type
Follow-Up Questions
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Average Time Served in Prison Has Changed Little in the Last Decade
24.9 25
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5
10
15
20
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2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
Mon
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Average Time Served by Year
Follow-Up Questions
Source: Louisiana Department of Corrections
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Average Time Served So Far for Those in Prison Has Increased 27% in Last Decade
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2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
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Average Time in Prison So Far For Snapshot Prison Population by Year
Follow-Up Questions
Source: Louisiana Department of Corrections
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Average Time Served So Far for Those in Prison Has Increased Across All Offense Types
98.8
27.9 23.7 26.1
121.3
31.524.4
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60
80
100
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Mon
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Average Time in Prison So Far for Snapshot Prison Population by Offense Type, 2006 and 2015
2006 2015
Follow-Up Questions
Source: Louisiana Department of Corrections
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Follow-Up Topic: Life Sentences
– By age at the time of offense
Follow-Up Questions
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People Serving Life Sentences Make Up 13% of Prison Population
Other87%
Life13%
Prison Population by Sentence Type, 2015
Follow-Up Questions
Source: Louisiana Department of Corrections
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341 Prisoners with a Life Sentence Were Under Age 18 at the Time of Offense
341
1,7931,638
769
254
550
200
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800
1,000
1,200
1,400
1,600
1,800
2,000
Under 18 18-24 25-34 35-44 45-54 55 or Older
Prisoners Serving a Life Sentence by Age at Time of Offense Category, 2015
Follow-Up Questions
Source: Louisiana Department of Corrections
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DOC FILE REVIEW
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DOC File Review
• Purpose: To acquire data on the elements impacting time served, including pretrial detention, sentence length, and release mechanisms.
• Methodology:– Stratified random sample by offense
• 16 of the most common non-violent offenses at admission in 2015
– Reviewed 762 case files of prisoners released in 2010 and 2015• Gender: 92% male; 8% female
• Race: 59% black; white 40%; 1% other
• Admission type: 55% newly sentenced prisoners; 45% probation revocations
• Release type: 91% diminution of sentence; 4% expiration of sentence; 3% parole; 1% other
• Offense type: 42% drug; 39% property; 19% other
File Review: Description
Source: Louisiana Department of Corrections Files
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Good Time and CTRP Credit
How Sentences Are Served
File Review: Description
SentencePretrial
Detention Credit
DOC Time Served
Time Converted
to Supervision
(if applicable) (if applicable)
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Average of 6 Months Pretrial Detention Credit for 2015 Sample
Note: Information on pretrial detention credit was only available for 85% of 2015 sample.
File Review: Pretrial Detention Credit
6.3
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7
2015
Mon
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Mean Pretrial Detention Time Credited to Sentence, 2015 File Review Release Sample
Source: Louisiana Department of Corrections Files
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Average Sentence Length for Newly Sentenced Prisoners Increasing
File Review: Sentence Length
44.5
59.7
51.354.4 55.6 54.9
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50
60
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Newly Sentenced Prisoner Probation Revocation Total
Mon
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Mean Sentence Length by Admission Type, 2010 and 2015 File Review Release Sample
2010 2015
22% increase
Source: Louisiana Department of Corrections Files
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Median Sentence Length Increased for 4 of 7 Drug Offenses in SampleMedian Sentence Length (Months) by Offense, File Review Release Sample
Offense2010 Sample
(Months)2015 Sample
(Months) % Change, 2010‐2015
POSSESSION OF SCHEDULE I DRUG 36 48 33%
POSSESSION OF SCHEDULE II DRUG 40 36 ‐10%
POSSESSION OF SCHEDULE IV DRUG 36 42 17%
POSSESS WITH INTENT TO DISTRIBUTE SCHEDULE I DRUG 60 60 0%
POSSESS WITH INTENT TO DISTRIBUTE SCHEDULE II DRUG 54 90 67%
DISTRIBUTE SCHEDULE I DRUG 60 60 0%
DISTRIBUTE SCHEDULE II DRUG 45 60 33%
File Review: Sentence Length
Source: Louisiana Department of Corrections Files
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Median Sentence Length Increased for 4 of 9 Property and Other Offenses in SampleMedian Sentence Length (Months) by Offense, File Review Release Sample
Offense2010 Sample
(Months)2015 Sample
(Months) % Change, 2010‐2015
UNAUTHORIZED USE OF MOTOR VEHICLE 30 36 20%
THEFT 36 36 0%
FORGERY 60 36 ‐40%
UNAUTHORIZED ENTRY OF INHABITED DWELLING 24 36 50%
SIMPLE BURGLARY 36 60 67%
SIMPLE BURGLARY INHABITED DWELLING 36 36 0%
OPERATE VEHICLE WHILE INTOXICATED 24 24 0%
SEX OFFENDER REGISTRATION VIOLATION 24 24 0%
POSSESSION OF FIREARM BY FELON 72 90 25%
File Review: Sentence Length
Source: Louisiana Department of Corrections Files
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Nearly One Quarter of 2015 Sample Had a Sentence with Restricted Benefits
File Review: Sentence Length
No76%
Yes24%
File Review Release Sample by Sentence Benefit Restriction Status, 2015
Source: Louisiana Department of Corrections Files
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Majority of 2015 Sample Released Through Good Time or Earned Time
File Review: Release Mechanisms
Source: Louisiana Department of Corrections Files
Expiration of Sentence4%
Diminution of Sentence93%
Parole2%
Other1%
File Review Release Sample by Release Type, 2015
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More Than 90% of 2015 Sample Eligible forGood Time
Not Eligible7%
Eligible93%
File Review Release Sample by Good Time Eligibility, 2015
File Review: Release Mechanisms
Source: Louisiana Department of Corrections Files
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Over Half of 2015 Sample Received Some CTRP Credit, Up from 1/3 of 2010 Sample
File Review: Release Mechanisms
No69%
Yes31%
File Review Release Sample by CTRP Credit Status, 2010
No47%
Yes53%
File Review Release Sample by CTRP Credit Status, 2015
Source: Louisiana Department of Corrections Files
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Reentry Center and TWP Releases Most Likely to Have Received CTRP Credit in 2015 Sample
File Review: Release Mechanisms
56%
5%
18%
40%
44%
95%
82%
60%
0% 20% 40% 60% 80% 100%
Local Facility
Reentry Center
Transitional Work Program
State Prison
File Review Release Sample by CTRP Credit Status by Facility Type at Release, 2015
No CTRP Credit CTRP Credit
Source: Louisiana Department of Corrections Files
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Majority of Those in 2015 Sample with Any CTRP Credit Received Fewer Than 6 Months of Credit
File Review: Release Mechanisms
Note: Although the number of programs a prisoner attends may add to more than 360 days of CTRP credit, only the maximum of 360 days will be credited to a prisoner’s sentence.
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4538
28
0
10
20
30
40
50
60
70
80
90
0-3 Months 3-6 Months 6-9 Months 9-12 Months More than one year
File Review Release Sample Receiving CTRP Credit by Months of Credit, 2015
Source: Louisiana Department of Corrections Files
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More Than Half of 2015 Sample Was Eligible for Parole
File Review: Release Mechanisms
Not Eligible45%Eligible
55%
File Review Release Sample by Parole Eligibility, 2015
Source: Louisiana Department of Corrections Files
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Majority of Those Eligible for Parole Had Eligibility Date within 6 Months of Good Time Date in Sample
No16%
Yes84%
Parole Eligibility Date w/in 6 Months of Good Time Date, 2015 File Review Release Sample
File Review: Release Mechanisms
Source: Louisiana Department of Corrections Files
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Key Takeaways: File Review
• Average pretrial detention credit was 6 months for 2015 releases in the sample.
• Average sentence length for newly sentenced prisoners increased 22% between 2010 and 2015 releases in the sample.
• Roughly half of the 2015 releases in the sample were eligible for parole.
• Share of releases in sample receiving CTRP credit increased between 2010 and 2015.
File Review
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Questions?
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Contact Information
• Laura Bennett
– Office: (202) 552-2028
– Email: [email protected]
• Public Safety Performance Project
– www.pewtrusts.org/publicsafety
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APPENDIX: DEFINITIONS AND DATA NOTES
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Definition of Terms
Supervision
• Community supervision– Probation, parole, or good time parole
Offense Type
• Violent crime– Any crime defined as violent in LA R.S. 14:2(B), as well as vehicular
homicide (designated by the Supreme Court as a violent crime), and domestic abuse by burning (designated by statute as a violent crime)
• Primary offense– The offense with the longest sentence length associated with an
inmate’s current prison stay
Appendix
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Definition of Terms: Prior Contact
• Prior DOC contacts include:– Prison sentence in DOC custody
– Probation sentence supervised by DOC
– Felony specialty court sentence
– Parole or good time parole supervision sentence
– Revocation to prison
• Prior DOC contacts do not include:– Arrests
– Participation in DA diversion programs
– Misdemeanor convictions
Appendix
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Definition of Terms: Admission Types
• Newly sentenced prisoner– Admitted to prison for a court-ordered felony sentence at the time of
conviction
• Revocation– Admitted to prison for violating the terms of community supervision
• Habitual offender– Person sentenced under Louisiana’s habitual offender statute, which
increases the minimum and maximum penalties for second or subsequent felonies
Appendix
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Pretrial Population
Definition of Terms: Release Types
• Parole– Released by the Parole Board after serving the statutorily required
portion of the sentence
• Expiration of Sentence– Released to the community after serving full sentence in prison
• Diminution of Sentence– Released to good time parole supervision after earning good time
credits or attending certified treatment and rehabilitation programs
• Other– Released through another mechanism such as commutation of
sentence, court-ordered release, or death
Appendix
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Definition of Terms: File Review
• Sentence with restricted benefits– Sentences or portions of sentences that, whether by statute or judicial discretion,
must be served in prison without the benefit of suspension of sentence or regular parole (or some combination of those restrictions)
• CTRP credit– Time that prisoners can earn off their sentence for participation in certified treatment
and rehabilitative programming, including but not limited to basic education, job skill training, values development, and faith-based initiatives
• Pretrial detention credit – Time credited toward a person’s prison sentence, including time served in jail pre-trial
for the controlling offense (the offense that determines the offender’s release date) and any credits designated by the judge, such as time in a substance abuse treatment program
Appendix
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Pretrial Population
Additional Data Notes
• Data include only individuals convicted of a felony at hard labor and sentenced to serve a period of confinement in DOC custody
• Technical violators who serve a revocation sentence that is capped at 90, 120, or 180 days under Act 402 (2007) or Act 299 (2015) are not included in these data
• Time served calculation does not include pretrial or presentence jail time credited to a prison sentence
Appendix