How Does Georgia Fare in New Criminal Justice Reports?
Georgia was already doing nearly as well as or better than other southern states in two categories – prisoner health care real cost dollars and the percentage of max out inmates released without supervision – even before the state began to implement criminal justice reform four years ago, according to two reports from the Pew Charitable Trusts Public Safety Performance Project.
An adult inmate health care report published Tuesday analyzed percentage increases and actual dollars spent per adult inmate for all states during the five-year period 2007 through 2011. Pew said the median increase for all states was 10 percent with Georgia at just five percent. California had the greatest percentage increase – 42% – and the highest per inmate annual cost — $14,495. Georgia spent $4,018.
One reason for increased health care cost is older inmates … there are more of them and five years ago more states began to count and report the number of inmates age 55 and older. In that regard there is now more data to analyze and compare than existed earlier than 2009.
Southern states as a group spent less per person on adult inmate health care than did states in other regions. Seven of the eleven lowest spending states are from the South. Florida did not make the bottom eleven in terms of dollars spent but Florida showed a four percent decrease. South Carolina reported no percentage increase and actual spending was ranked 49th lowest.
Tennessee reported arguably the worst results by a southern state with actual spending up 16 percent to $6,388 per inmate. North Carolina spending rose two percent to $6,287 per inmate. For a different context on those taxpayer dollars, Tennessee and North Carolina both spent about 50 percent more per person than Georgia for adult inmate health care.
Max out inmates serve complete sentences – usually longer rather than shorter sentences – before release into the community. Pew studied state-by-state data for 115,000 max out inmates released from state prisons during 2012 without any planned supervision. Georgia reported 3,436 max out inmate releases with no supervision plan which was 19.2 percent of all Georgia prisoners released during 2012.
Georgia was a bit lower than the 21.5 percent average for all states nationally and much lower than its bordering states. Tennessee, Alabama, South Carolina, North Carolina and Florida released between 30 and 64 percent of their inmates without any planned supervision.
Arkansas released five percent without supervision but Arkansas releases were low at slightly more than 300 inmates. Texas by comparison released almost 11,300 inmates without planned supervision, but those former felons were less than 14 percent of all Texas inmate releases.
Adam Gelb is director of the Pew Charitable Trusts Performance Project.
“We shouldn’t have inmates leaving our prisons, where they are under lock and key 24 hours a day, seven days a week, and returning to their communities with zero supervision, accountability or support.,” said Gelb. “That’s not common sense, and it flies in the face of research that public safety is better served when offenders undergo a period of supervision.”
Max out strategies are one focus of the ongoing Georgia Council on Criminal Justice Reform.
Additional Resources:
Pew State Prison Health Care Spending Report
Pew Max Out Prisoner Releases Report
(Mike Klein is Editor at the Georgia Public Policy Foundation)
(Published Wednesday, July 9, 2014)
“What We’ve Got Here is Failure to Communicate”
“What we’ve got here is failure to communicate.” Anyone of a certain generation – yeah, that would be my generation – will recognize that famous line from “Cool Hand Luke,” the 1967 film about southern prison warden Strother Martin and his young prisoner Paul Newman. Eight little words strung together became one of the most famous lines ever spoken in American film history.
“What we’ve got here is failure to communicate” could also describe the failure by thirteen states to measure juvenile recidivism, including three of Georgia’s southern neighbors. Alabama, Tennessee and Kentucky do not measure and report juvenile recidivism rates. Therefore, they do not have cumulative data about how often juveniles re-appear in the juvenile system or enter the adult corrections system.
Georgia is among those states that have the very best record, according to “Measuring Juvenile Recidivism” published by the Public Safety Performance Project at The Pew Charitable Trusts. Georgia tracks juveniles at twelve, twenty-four and thirty-six month intervals. Georgia also monitors whether they enter the adult system. Georgia fully reports its results and the Special Council on Criminal Justice Reform has given a high profile to measuring adult and juvenile risk assessment and results.
How do other southern states compare? North Carolina and Louisiana track juveniles for thirty-six months, Mississippi tracks only until they turn age 18, and Florida checks their status at six months and twelve months. South Carolina follow-up ends after twelve months and Arkansas tracks juveniles only while they are on parole on under state commitment.
The Pew survey found 33 states report annual, quarterly or monthly data, including Georgia. Five states report data only if there is a special request. Eleven state juvenile justice agencies share information with the executive and legislative branches of state government and just 28, barely more than half of all states, make their information available to the public.
Ten other states that do not measure and report juvenile recidivism are Hawaii, Washington, Montana, Wyoming, Iowa, Michigan, Pennsylvania, Vermont, New Hampshire and Connecticut. Only Virginia and Maine received a positive check in all eleven categories reported by Pew. Georgia received positive check marks in nine of eleven categories. Click the link in this paragraph to read the entire table.
Georgia justice reform is all about reducing recidivism. The 2013 Special Council on Criminal Justice Reform cited three-year recidivism rates for juveniles released from custody in 2007. The Council said 53 percent of all juveniles and 65 percent of those sentenced to a detention facility were adjudicated for a new juvenile crime or charged with an adult crime within three years. That is far worse than the adult system which has a 33 percent recidivism rate.
Pew worked closely with Georgia on 2011 adult and 2012 juvenile justice reforms that were enacted by the state Legislature. Pew had a smaller role during the past twelve months when the state focused attention on re-entry which is the transition of a released inmate to civilian life. The Council of State Governments Justice Center and the Council of Juvenile Correctional Administrators worked with Pew on the juvenile recidivism report.
Governor Nathan Deal discussed Georgia justice system challenges including recidivism during this recent video address to a Texas Public Policy Foundation Right on Crime conference.
Pew Measuring Juvenile Recidivism Report
2013 Special Council Juvenile Justice Report
2013 Pew Georgia Juvenile Justice Analysis
(Mike Klein is Editor at the Georgia Public Policy Foundation)
(Published Thursday, June 19, 2014)
Pew Poll: Solid Real World Support for Juvenile Justice Reform
Georgians appear ready to embrace juvenile justice reforms that would focus the state’s lock-ups on higher-level offenders and put new emphasis on less expensive and more effective community resources for lower-level offenders. And by Georgians, we mean folks out there in the real world, well beyond the State Capitol in Atlanta.
A newly released poll conducted by Public Opinion Strategies and the Mellman Group for the Pew Charitable Trusts’ Public Safety Performance Project found proposed reforms in HB 242 enjoy widespread support among conservatives, liberals and independents. The bill would enact recommendations from the 2012 Special Council on Criminal Justice Reform. HB 242 is scheduled for its first Senate hearing on Wednesday; it unanimously passed the House.
The Special Council found that the state’s secure residential facilities cost an average of about $90,000 per bed per year. Despite these huge expenditures, more than 50 percent of the adjudicated youth in the juvenile justice system are re-adjudicated delinquent or convicted of a criminal offense within three years of release.
To address this poor return on investment, the Council produced a set of recommendations that have been included in HB 242 that would revise the juvenile designated felony act, reduce the number of lower-risk youthful offenders sent to secure facilities, emphasize community resources for lower-level juveniles and provide funding to help create or expand local programs.
In the survey, 92 percent of Georgians agreed that expensive facilities should be reserved for higher risk juveniles and alternatives that cost less should be available for lower-risk juveniles.
Governor Nathan Deal made juvenile justice reform a priority in his State of the State address. “Let’s capitalize on the success that we have already had in criminal justice reform,” Deal said with a nod to last year’s adult corrections reform legislation contained in HB 1176. Deal called for “community-based, non-confinement correctional methods for low-risk offenders.”
“Georgians strongly support proposals to reduce the size and cost of the juvenile corrections system and to reinvest savings into effective alternatives to secure facilities,” stated the pollsters in the Pew-commissioned “Public Attitudes on the Juvenile Justice System in Georgia.” Six hundred registered voters participated in the survey.
When pollsters asked whether Georgia should “send fewer lower-risk juvenile offenders to a secure facility and use some of the savings to create a stronger probation system that holds juvenile offenders accountable for their crimes,” the answer was “Yes” from Democrats (91 percent), Republicans (86 percent) and Independents (83 percent).
Sixty-nine percent said strict probation supervision, counseling and remaining with families in their own homes were more likely than secure facilities to reduce the rate at which juveniles would commit new crimes. Again, that was the view of Democrats (76 percent), Independents (68 percent) and Republicans (63 percent).
When asked about specific proposals from the Special Council that are included in HB 242, 92 percent of Georgians agreed the juvenile designated felony act should be rewritten to differentiate between more serious felonies such as murder and less serious offenses such as “smash-and-grab” burglary. Support among voters who identified themselves as Democrats, Republicans or Independents ranged between 90-to-97 percent.
When asked about creating a fiscal incentive grant program to reward counties that send fewer lower-risk juvenile offenders to expensive state facilities by sharing some of the savings to reinvest in local programs – a proposal Governor Deal announced in his State of the State address – 85 percent of Georgians agreed. Again, support was consistently strong among Republicans (89 percent), Democrats (83 percent) and Independents (81 percent).
“Across the political spectrum, Georgians want a system that protects public safety, holds juvenile offenders accountable and contains corrections spending,” said Jason Newman, a public safety expert with The Pew Charitable Trusts. “Georgia voters strongly support proposals to reduce the size and cost of the juvenile corrections system and to reinvest savings into effective alternatives.”
The Senate Judiciary Committee will hear HB 242 testimony at 4:00 p.m. Wednesday in room 307 of the Coverdell Legislative Office Building at the State Capitol. Adult corrections system reforms that passed the House in HB 349 will be discussed in a Senate Judiciary Non-Civil Committee hearing that starts at 3:00 p.m., also at the same location.
(Mike Klein is Editor at the Georgia Public Policy Foundation.)
Juvenile Justice Bill Would Revise Designated Felony Act
Georgians will need a comfy couch, lots of time and perhaps some caffeine when they begin to read newly introduced juvenile justice and civil code legislation. Juvenile justice provisions in House Bill 242 include a proposal to completely revise the state’s 32-year-old juvenile designated felony act, a long overdue step forward, by creating two classes of more and less serious juvenile felony crimes.
Juvenile civil code revisions would update laws that govern how juvenile courts operate and the rights of minors in custody and other situations. The legislation is a comfy couch read at 244 pages. The juvenile justice sections closely follow the Special Council on Criminal Justice Reform recommendations, which were released in December. Civil code updates, many years in progress, originated in HB 641 last year.
“We are light years from where we started from a political and a moral perspective in how we deal with criminal justice in this state for adults and juveniles,” said Georgia Court of Appeals Judge Michael Boggs who served as co-chair of the 2012 Special Council initiative. “We have become smarter in the way we address the enormous cost and the horrible return on investment that our taxpayers are receiving.”
Last year the General Assembly enacted adult corrections system reforms that are now being implemented statewide. This year lawmakers will focus on how to fund more juvenile program resources in local communities, reduce juvenile inmate populations, address mental health and substance abuse treatment challenges, reduce recidivism, and keep a lid on escalating costs.
Georgia’s 1981-version of the juvenile Designated Felony Act included fewer than one dozen crimes, the worst crimes committed by the scariest youth. Over more than three decades the Act was steadily expanded. What you have today is a Felony Act that treats accused juvenile murderers about the same as juveniles accused of smash and grab burglaries. Both are felony crimes.
HB 242 proposes to create a more serious “Class A” and less serious “Class B” structure that would give juvenile court judges greater latitude than they have today, especially in sentencing. Accused murderers and burglars would no longer be treated alike. The legislation is extremely detailed with specific crimes that would be considered more or less serious felonies.
If the bill is enacted as introduced, HB 242 would also prohibit the incarceration of status offenders and most juveniles adjudicated for misdemeanor crimes in secure facilities. Other provisions in the bill include focusing the state’s resources on programs proven to reduce recidivism, requiring the use of risk assessment tools, and mandating uniform data collection.
Governor Nathan Deal’s Budget Report also includes an additional recommendation from the Special Council – to create a performance incentive structure to reward jurisdictions with state funds when juvenile courts assign juveniles to community programs rather than incarcerate them in state facilities. These additional state funds will then be used to create programs in the community to treat juveniles locally.
“This is a very positive step,” said House Judiciary Chairman Wendell Willard, lead sponsor of HB 242. Governor Deal set aside $5 million in next year’s budget to expand community programs and jump-start new ones. Some 65 percent of juveniles who do time in secure state facilities are found guilty of a new crime within three years of their release. Willard said the state must try new ways to avoid creating “lifetime criminals. I think you will see a major savings in childrens’ lives.”
National studies including research compiled for Georgia by the Pew Charitable Trusts’ Public Safety Performance Project show that placement in out-of-home facilities does not lower the likelihood of juvenile reoffending and may in fact increase the likelihood of committing a new crime for some offenders. In fact, lock-ups sometimes produce a more sophisticated offender. This is more acute when youth require mental or substance abuse care.
Legislation proposes that youth adjudicated for a misdemeanor crime could not be sent to state confinement facilities. They would become candidates for community treatment programs. By enacting the recommendations of the Special Council, Georgia could reduce its juvenile inmate population by one-third to about 1,200, reinvest savings into local programs and save nearly $85 million over five years. The result would be lower costs and reduced recidivism – significant improvements for Georgia taxpayers.
Georgia’s juvenile code is considered antiquated, dating back to the early 1970s and subsequently patched over and re-patched many times. HB 242 would update current laws on dependency proceedings, family reunification, disposition of dependent children, mental health and other care for children in need of services, the emancipation of minors and more.
“We can do a better job of service to these children,” Willard said.
House Judiciary will hold a full committee hearing Thursday afternoon at the State Capitol. A small number of adult system reforms proposed by the Special Council in its 2012 report will be contained in separate legislation expected next week. Legislation passed by the General Assembly and signed by Governor Deal would become law on July 1.
(Mike Klein is Editor at the Georgia Public Policy Foundation.)
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