14 | HIGHER EDUCATION 1414 | HIGHER | HIGHER EDUCATION EDUCATION HigherHigherHigher EdEd -aches -aches

StatesStatesStates are areare searching searchingsearching for forfor ways waysways to tocontrol control the the ever- ever-increasingincreasing costs costs of ofa collegea college education. education.

“Our higher education system is antiquated— “Our“Our higher higher education education system system is isantiquated— antiquated— ByBy Suz SuzANNEANNE W WEISSEISS wewewe have havehave to to toface face it.” it.” oday,oday, nearly nearly 60 percent60 percent of the of the20 million20 million Americans Americans —IDAHO—IDAHO—IDAHO SENATOR SENATORSENATOR DEAN DEANDEAN CAMERON CAMERON (R) (R) whowho attend attend college college each each year year borrow borrow money money to help to help covercover costs. costs. Tuition Tuition is skyrocketing, is skyrocketing, state state funding funding is isis sinkingsinking and and the theaverage average student student borrower borrower graduates graduates withwith more more than than $26,000 $26,000 of debt. of debt. Loan Loan default default rates rates are are rising,rising, and andonly only about about half half of those of those who who start startstart college collegecollege graduateTgraduateT within within six years.six years. That’s That’s why why a growing a growing number number of states of states are aretaking taking a radically a radically different different approach approach to funding to funding colleges colleges and and universitiesuniversities that that could could change change forever forever the waythe way we lookwe look at higher at higher StudentStudent education.education. DebtDebt At aAt time a time when when a college a college education education has hasnever never been been more more expen expen- -- sive—orsive—or more more important—a important—a rising rising chorus chorus of critics of critics argues argues that that that manymany students students are aregraduating graduating ill prepared ill prepared for afor rapidly a rapidly changing changing and andincreasingly increasingly competitive competitive job jobmarket. market. “Our“Our higher higher education education system system is antiquated— is antiquated— we havewe have to face to face it,” it,”says says Senator Senator Dean Dean Cameron Cameron (R) (R)of Idaho. of Idaho. “These “These schools schools are areproviding providing stu- stu- (R) of Idaho. “These schools are providing stu- dentsdents with with degrees, degrees, but butwith with degrees degrees that thatwill will not not dents with degrees, but with degrees that will not necessarilynecessarily get getthem them a job. a job. Up untilUp until now, now, it feels it feels necessarily get them a job. Up until now, it feels likelike all we’veall we’ve done done is chase is chase down down rabbit rabbit trails trails Senator Senator like all we’ve done is chase down rabbit trails Senator herehere and andthere, there, looking looking for waysfor ways to make to make the systhe- sysDean- Dean here and there, looking for ways to make the sys- Dean temtem more more functional, functional, but butit just it justends ends up beingup being an anCameron Cameron (R) (R) Cameron (R) exerciseexercisetem more in futility.” in functional, futility.” Idaho Idaho but is oneit is just oneof theends of statesthe up states being that that anIdaho Idaho Idaho are areexerciseconsidering, considering, in futility.” or have or have Idaho already already is one established, ofestablished, the states a new thata new way way to fund to fund publicpublicare collegesconsidering, colleges and and universities.or haveuniversities. already established, a new way to fund “We’vepublic“We’ve colleges tried tried to andprotect to protectuniversities. our ourhigher higher education education system system here here in in Idaho,”Idaho,”“We’ve he says.he triedsays. “We to“We knowprotect know it’s our it’san higher assetan asset andeducation andhow how important system important here it init is toisIdaho,” our to ourfuture. hefuture. says. But But the“We thedemands know demands it’s on an ouron asset ourtax dollarstax and dollars how are importantsoare great so great it rightrightis now to ournow that future. that colleges colleges But and the anduniversities demands universities on simply our simply tax have dollars have to figure toare figure so out great out howhowright to deliver tonow deliver that a better colleges a better product. andproduct. universities I’m I’mnot notsure simply sure what whathave it’s it’stogoing figure going to out to taketakehow to make toto makedeliver that that happen, a betterhappen, but product. butit needs it needs I’m to happen.”not to happen.”sure what it’s going to take to make that happen, but it needs to happen.” DecliningDeclining Subsidies, Subsidies, rising rising tuitions tuitions StateDecliningState appropriations appropriations Subsidies, have have historically rising historically t uitionsbeen been the mostthe most import import- - ant antsourceState source of appropriations fundingof funding for forhigherhave higher historically education, education, been but butoverthe overmost the thepastimport past - ant source of funding for higher education, but over the past SuzanneSuzanne Weiss, Weiss, a freelance a freelance writer writer in Denver, in Denver, is a frequentis a frequent contributor contributor to State to State LegislaturesLegislatures magazine. magazine. Suzanne Weiss, a freelance writer in Denver, is a frequent contributor to State Legislatures magazine.

STATE STATE LEGISLATURES LEGISLATURES | FEBRUARY | FEBRUARY 2014 2014

STATE LEGISLATURES | FEBRUARY 2014 HIGHER EDUCATION | 15

the Cost of College By the Numbers two decades that support has steadily waned. in the 2013-14 school year. The slowdown Between 1987 and 2012, in real dollars, government support is due at least in part to higher-education 10.6% for public colleges and universities declined from $8,497 per budget increases in many states in 2012 The average decline in state student to $5,906 per student, according to the latest report of and 2013—modest increases, for the most funding of higher ed since 2007 the State Higher Education Executive Officers (SHEEO). In the part, but exceeding 10 percent in five states, past five years alone—since the onset of the Great Recession— according to a recent NCSL report on state state fiscal support for postsecondary education has fallen 10.6 budget and tax actions. 112% percent nationwide, with cuts ranging from 4.5 percent in South The new funding reflects a brightening Increase in tuition costs at public Dakota, to nearly 50 percent in Arizona, Florida and New Hamp- financial picture in many state capitols. Tax four-year institutions since 1990 shire. revenue in 47 states rose in 2012 by an aver- As state subsidies declined, institutions made up the difference age of 4.5 percent, U.S. Census data show. by raising the price of attendance, shifting costs that once were “Historically, funding for higher ed tracks 71% a social investment onto students and their families. Since 1990, the economy,” says James Palmer of the Increase in tuition at community tuition costs at public four-year institutions have increased by 112 Center for the Study of Education Policy at colleges since 1990 percent and at community colleges by 71 percent. Today, tuition Illinois State University. “As the economy constitutes roughly half of postsecondary institutions’ educational gets better, state funding for higher educa- revenues, compared with just 23 percent 20 years ago. tion increases. That’s been the pattern.” With rising tuition and stagnating incomes—the median But it’s unlikely that funding will return 2.1% The growth in median household household income grew by just 2.1 percent over the past two to pre-recession levels. “Who knows when, income from 1990 to 2010 decades—students and their families have taken on record levels or even if, that will happen,” of debt. Student loan debt in the United States has nearly tri- says Colorado Senate Major- pled since the mid-2000s, topping $1 trillion and encompassing ity Leader Rollie Heath (D). roughly 39 million borrowers. It is now the largest form of con- The $30 million increase in 50% vs. 23% Tuition’s portion of higher ed sumer debt outside home mortgages. higher education funding revenues, 2013 vs. 1993 that Colorado legislators At least a Slowdown Senate Majority approved in spring 2013 The latest report by the College Board shows that tuition con- Leader “was really just a drop in the tinues to rise, but at a somewhat slower rate—2.9 percent at pub- Rollie Heath (D) bucket, considering the cuts 39 million lic four-year institutions and 3.5 percent at community colleges Colorado we’ve made over the past The number of students in debt, several years,” Heath says. second only to home buyers Iowa, Minnesota, Montana, Nebraska, Majors Matter Sources: U.S. Census Bureau, Oregon and Washington have made budget College graduates may have paid the same tuition, but their American Institutes for Research increases contingent on tuition freezes. Other average earnings vary greatly by major. Below, median annual Delta Cost Project, State Higher states boosted higher education funding, but Education Executive Officers earnings, by occupation, during prime earning ages of 24-65. earmarked the new money for specific things, Top Payers ranging from the creation of online degree $40,000 $80,000 $120,000 Petroleum Engineering programs to expanded financial aid for low-income students. Mathematics/Computer Sciences In Wisconsin, a furor erupted when a routine state financial Chemical Engineering review revealed that cash reserves of the 26-campus University Mechanical Engineering of Wisconsin System had been carrying over from year to year, Mining/Mineral Engineering building to nearly $650 million. University officials defended the cash reserves as a necessary hedge against a volatile funding pic- Low Payers ture, including declining state funding and an expected enrollment Visual/Performing Arts slump in years to come. Social Work Legislators weren’t sympathetic. They not only pulled a Theology/Religion planned budget increase off the table, but also directed the uni- Early Childhood Education versity system to draw down its reserves by $180 million for a Counseling/Psychology tuition freeze and 1 percent raises for faculty and staff. “I can’t tell you how disappointed I am,” Senator Alberta Dar- Source: “What’s It Worth? The Economic Value of Majors,” May 2011, ling (R) told UW System officials at a legislative hearing last Georgetown University Center on Education and the Workforce spring. “Here we have accounts of tuition being squirreled away at

STATE LEGISLATURES | FEBRUARY 2014 16 | HIGHER EDUCATION

departments, centers and institutes into fewer administrative units. But Federal Plan Would tie that’s a tall order. “Anyone who has tried this knows how jealously these little fiefs are guarded,” she said. Financial Aid to College rating Cameron says he would like to see higher education officials in his state As states look at making college more affordable and accountable, fed- pursue cost-cutting ideas such as three-year baccalaureate programs and eral discussion includes a plan unveiled by President Obama last year to rate competency-based degrees, and comprehensively redesigning what he colleges and universities and ultimately, tie all federal financial aid to those called “antiquated” courses of study. ratings. The plan sets a fall 2015 deadline for the U.S. Department of Education to Performance Counts develop a system that compares colleges against their peer institutions on rates Widespread and rising concern about college affordability has added such as tuition, graduation, student debt, graduates’ earnings and the number of momentum to a push for holding postsecondary institutions more account- low-income graduates. Obama said he will ask Congress to pursue legislation able for key results. that would tie the ratings to financial aid by 2018, so that students at highly rated The traditional higher-education funding model—based on how many colleges might get larger federal grants and more affordable loans. “It is time to full-time equivalent (FTE) students are enrolled at the beginning of the stop subsidizing schools that are not producing good results, and reward schools semester—provides incentives for colleges to enroll students, but not nec- that deliver for American students and our future,” Obama said. essarily to help them graduate. Many states are reconsidering the enroll- Almost all of the federal government’s $150 billion in annual student aid ment-based funding model and instead are allocating money to colleges is distributed based on the number of students a college enrolls, regardless of based on the number of students who complete courses and degrees. how many graduate or how much debt they incur. Under the new proposal, Twenty-nine states—Arizona, Arkansas, Colorado, Florida, Georgia, students could still attend whatever college they chose, public or private, but Illinois, Indiana, Kansas, Louisiana, Maine, Massachusetts, Michigan, taxpayer support would shift to higher-ranked schools. Minnesota, Mississippi, Missouri, Montana, Nevada, New Mexico, North Obama’s proposal urges colleges to experiment with approaches that Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South reduce costs. The plan mentions competency-based degrees, in which college Dakota, Tennessee, Texas, Virginia, and Washington—currently have in credits are based not on the hours students spend in classrooms, but on how place, or are transitioning to, a model that provides some amount of fund- much they can show they know; three-year degree programs; and dual enroll- ing based on performance indicators such as course completion, time taken ment options that allow high school students to earn college credits. to earn a degree, transfer rates, the number of degrees awarded or the num- The initiative calls for offering regulatory waivers to colleges that serve ber of low-income and minority graduates. as experimental sites promoting high-quality, low-cost innovations in higher The specific goals vary from state to state. New Mexico and Tennes- education, especially those that make it possible for students to obtain financial see, for example, are using the power of the purse to boost the number of aid based on how much they learn, rather than how much time they spend in older and low-income students who complete a degree; Mississippi, to pro- class. It also proposes letting colleges offer Pell Grants to high school students mote science and technology programs; and Missouri, to improve students’ who are taking college courses. scores on tests and professional licensing exams. In North Dakota, which recently adopted a new perfor- the same time you raised tuition. What were you thinking?” mance model, Senator Tim Flakoll (R) said that by encour- The same practice in Idaho has drawn the ire of Senator aging institutions to graduate more students on time, the Cameron, co-chair of the Legislature’s Joint Finance-Ap- new funding formula will help reduce college costs for the propriations Committee. “These institutions, they fight state’s young people. and fight for state money, but you could give them all the “This is an output-based, transparent funding mecha- Senator money in the world and they’d still raise tuition,” says nism,” says Flakoll, who serves on the Senate Education Tim Flakoll (R) Senator Cameron. “They’ve resisted doing the kinds of things they Committee. “We were finally able to crack the code.” The North Dakota Alberta need to do—cutting administrative costs, evaluating the key factor, Flakoll says, was that policymakers and high- Darling (R) effectiveness of programs, looking at new delivery sys- er-education officials were able to agree on a formula to determine the Wisconsin tems. And at a time when their budgets are being cut and actual cost of delivering different types of courses. Each course is assigned tuition is going up 5 percent a year, they’re actually putting more and more a “cost factor” that determines the amount of state funding per credit hour money into reserves. I tell you, if we were to invent higher education today, earned by students—ranging from a low of 1 for lower-level courses in it would not look like this.” core subject areas to a high of 38 for medical school courses. Cameron is among many state policymakers who contend that post- The most current iteration of performance funding policies—the systems secondary institutions haven’t focused enough on eliminating duplicative that put a percent of base funding at stake—have not been in effect long or underperforming programs, or curbing “institutional support” costs. A enough to draw conclusions about their effectiveness. However, research recent report by the American Institutes for Research Delta Cost Project on early performance funding systems suggests states need to make a long- showed sharp increases over the past decade in the ranks of college and term commitment to performance funding because it takes several years to university administrators—from assistant deans, counselors and communi- generate positive results. cations officers to sustainability coordinators and diversity specialists. New Jersey Assemblywoman Celeste Riley (D) says she hopes her state Katharine Lyall, who served as president of the University of Wisconsin will be the next to move to a performance-based funding model. “We’re System from 1992 to 2004, said in a recent interview that “administrative still in the early stages, but we have held a hearing and there’s a lot of inter- bloat” could be reduced by restructuring the large number of individual est. Among the models we’ve looked at, we like Tennessee’s.”

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“I think we policymakers haven’t 1992. It pays the college tuitionHIGHER of EDUCATION | 17 focused nearly enough on higher edu- students from low-income house- tuition Costs 2013-14 “I think we policymakers haven’t holds1992. (defined It pays the as college earning tuition under of $50,000 a year) who are attending $3,264 cation. It’s like we just woke up and students from low-income house- tuitionPublic two-yearCosts 2013-14colleges focused nearly enough on higher edu- anyholds of the (defined state’s two-as earning and four-year under (in-state students) institutions.$50,000 a year) who are attending $3,264 realizedcation. we weren’tIt’s like weas onjust top woke of itup as and we Public two-year colleges anyStudents of the state’sapply fortwo- the and program four-year in (in-state$8,893 students) realizedshould we weren’t have as been.” on top of it as we theinstitutions. eighth or ninth grade and commit Public four-year colleges Students apply for the program in (in-state$8,893 students) —NEW JERSEY ASSEMBLYWOMAN CELESTE RILEY (D) NEW JERSEY to maintaining at least a 2.5 grade- should have been.” the eighth or ninth grade and commit Public four-year colleges point average while taking four years (in-state$22,203 students) —NEW JERSEY ASSEMBLYWOMAN CELESTE RILEY (D) NEW JERSEY ofto college-prep maintaining coursesat least aduring 2.5 grade- high Public four-year colleges Riley said that New Jersey has begun to address the school.point average The state while spends taking about four years $60 (out-of-state$22,203 students) of college-prep courses during high Public four-year colleges issue of college affordability by, for example, reorganizing million a year on Oklahoma’s Prom- Riley said that New Jersey has begun to address the school. The state spends about $60 (out-of-state students) and streamlining some institutions and asking colleges and ise, which currently serves 19,600 $30,094 issue of college affordability by, for example, reorganizing million a year on Oklahoma’s Prom- Private four-year colleges universities to post detailed information about the cost of students at two- and four-year insti- and streamlining some institutions and asking colleges and ise, which currently serves 19,600 $30,094 various degrees on their Web sites. But a lot of hard work tutions. The program is not subject Source:Private The four-year College collegesBoard’s 2013 universities to post detailed information about the cost of students at two- and four-year insti- lies ahead, Riley says. “It’s certainly got our attention now, to cuts, points out Senator John Ford Trends in College Pricing Assemblywoman various degrees on their Web sites. But a lot of hard work tutions. The program is not subject Source: The College Board’s 2013 but I thinklies ahead, we policymakers Riley says. “It’s haven’t certainly focused got our nearly attention enough now, (R),to cuts,chairman points ofout the Senator Senate John Educa Ford- Trends in College Pricing Celeste Riley (D) Assemblywomanon higher but I thinkeducation. we policymakers It’s like we haven’t just woke focused up and nearly realized enough tion(R), Committee. chairman of “Every the Senate year, Educa whatever- is needed to sup- New Jersey Celeste Rileywe (D) weren’t on higher as oneducation. top of it It’s as welike should we just have woke been.” up and realized porttion the Committee. program, it“Every comes year, off thewhatever top,” he is says.needed to sup- New Jersey we weren’t as on top of it as we should have been.” portFord the saysprogram, the it program comes off isthe “atop,” great he says. use of state tuition-Free Community Colleges resources,”Ford says as is the Oklahoma’s program CareerTechis “a great system,use of whichstate Americatuition-Free already guarantees Community free access Colleges to a K-12 educa- providesresources,” roughly as is 500,000Oklahoma’s people CareerTech a year with system, competen which - tion for allAmerica young already people—so guarantees what’s free a coupleaccess tomore a K-12 years? educa - cy-basedprovides education roughly 500,000 and training people in a yearwide with variety competen of fields- Senator That’stion the for question all young posed people—so by Senator what’s Mark a couple Hass more (D) years? of andcy-based occupations. education CareerTech and training programs in a wide andvariety services of fields are SenatorJohn Ford (R) Oregon,That’s who the is championingquestion posed a proposalby Senator to Markmake Hasscommu (D)- of offeredand occupations. at 57 campuses CareerTech throughout programs the state. and services are JohnOklahoma Ford (R) nity collegesOregon, in who his isstate championing tuition-free. a proposal to make commu- offered“People at 57come campuses out of throughoutthese one- theor state.two-year programs Oklahoma Hass,nity whocolleges chairs in his the state Senate tuition-free. Education Committee, with“People certifications come out that of allowthese one-them or to two-year compete programs for well-paying jobs in sponsoredHass, legislation who chairs directing the Senate the state’s Education Higher Committee, Educa- energy,with certifications aerospace, aviation that allow and themother toindustries compete where for well-paying we know therejobs inwill sponsored legislation directing the state’s Higher EducaSenator- energy, aerospace, aviation and other industries where we know there will tion Coordinating Commission to study the idea and come Senator be growth in the future,” Ford says. tion Coordinating Commission to study the idea and comeMark Hass (D) be growth in the future,” Ford says. up with a plan to implement it by fall 2015. “We have an Mark Hass (D) In Ford’s view, students and parents need to focus on getting as much up with a plan to implement it by fall 2015. “We have anOregon In Ford’s view, students and parents need to focus on getting as much astonishingly high number of kids with diplomas who just Oregon information as possible about postsecondary education and training astonishingly high number of kids with diplomas who just information as possible about postsecondary education and training aren’t going anywhere after high school,” Hass says. “This would be a way options, then take advantage of those that suit them. aren’t going anywhere after high school,” Hass says. “This would be a way options, then take advantage of those that suit them. to put them on a better footing to enter the job market or on the path to a “I absolutely believe that a college education is affordable, if parents to put them on a better footing to enter the job market or on the path to a “I absolutely believe that a college education is affordable, if parents four-yearfour-year degree.” degree.” andand students students make make good good choices,”choices,” he says. “That’s“That’s the the key.” key.” Hass estimatesHass estimates it would it would cost costabout about $200 $200 million million a year a year to pickto pick up upthe the tab tab for communityfor community college college students’ students’ tuition. tuition. Among Among the therevenue revenue streams streams that that could couldbe tapped, be tapped, he says, he says,are Pell are PellGrants Grants and andvoter-approved voter-approved bond bond issues. issues. “It’s a“It’s big number,a big number, but not but as not big as asbig the as socialthe social costs costs of thingsof things like like unem unem- - ploymentployment and incarceration, and incarceration, and soand many so many young young people people who who don’t don’t have have the the resourcesresources to raise to araise family,” a family,” Hass Hass says. says. The Theproposal proposal has has been been endorsed endorsed by by GovernorGovernor John Kitzhaber,John Kitzhaber, Hass Hass says, says, and andhas hasattracted attracted substantial substantial support support from thefrom business the business community community and legislatorsand legislators on both on both sides sides of theof the aisle. aisle. The The only opposition,only opposition, he says, he says,appears appears to be to from be from the state’sthe state’s universities, universities, “which “which are worriedare worried about about it how it ithow would it would affect affect them.” them.” Hass Hasssays hesays also he favorsalso favors expanding expanding dual-enrollment dual-enrollment programs, programs, and and wouldwould like to like require to require high-school high-school students students to earn to earn six sixhours hours of ofcollege college credit creditin order in orderto graduate. to graduate. Student low-Income Guarantees Student low-IncomeOver the Guarantees past 15 years or so, several states have passed legislation that Debt Over the past 15 years or so, several states have passed legislation that Debt allows qualified students to attend public colleges and universities tui- allows qualified students to attend public colleges and universities tui- tion-free: Florida, through its Bright Futures Program; Georgia, through tion-free:the HopeFlorida, Scholarships, through its which Bright are Futures funded Program; by state lottery Georgia, proceeds; through and the HopeWyoming, Scholarships, through itswhich Hathaway are funded Scholarships. by state lottery proceeds; and Wyoming,The through oldest itssuch Hathaway program, Scholarships. Oklahoma’s Promise, was established in The oldest such program, Oklahoma’s Promise, was established in STATE LEGISLATURES | FEBRUARY 2014 STATE LEGISLATURES | FEBRUARY 2014 CRIMINAL JUSTICE | 19 set to reconsider requiring the monetary condition of release. “We’ve learned that assessment can reduce Levy said this is intended to reduce the significant number of people who haven’t been convicted of a crime but are in jail the number of low-risk people in county jails because they can’t afford bail, even though they don’t pose a risk and help courts distinguish those who pose of flight or a danger to public safety. the greatest risk.” The Role of Research “We’ve learned that assessment can reduce the number of —ANNE MILGRAM, VICE PRESIDENT OF CRIMINAL JUSTICE FOR THE LAURA AND JOHN ARNOLD FOUNDATION IN NEW YORK low-risk people in county jails, and help courts distinguish those who pose the greatest risk,” says Anne Milgram, vice president was put in place compared to the same time of criminal justice for the Laura and John Arnold Foundation frame before the law, according to a recent in New York. Milgram, who served as New Jersey’s attorney report of the state’s Administrative Office of general before joining the Arnold Foundation, noted the Foun- the Courts. Representative John Tilley (D), dation’s research revealed that nearly half of the highest-risk who sponsored the 2011 legislation, says the defendants were obtaining release before trial. Yet, 90 percent changes have saved Kentucky counties $30 mil- of jurisdictions today do not use risk assessment instru- lion to $40 million in pretrial detention Representative ments that can help guide these determinations, accord- States where costs. “And in a state that already was John Tilley (D) Kentucky ing to Milgram. courts must use safe, crime has fallen,” Tilley says of Over the past two years, the foundation has conducted the results of the reforms. extensive research on pretrial decision making and has The court report said that appearance rates are risk assessment developed the Public Safety Assessment-Court (PSA- slightly up and re-arrests slightly down, even with Court) tool to help distinguish among defendants at tools in making the considerable increase in defendants released from different risk levels. The tool determines how likely a pretrial release jail pending trial. The pretrial services office has been defendant is to fail to return to court or commit a new decisions responsible for monitoring results in each county both crime if released. It also identifies those defendants who before and after the legislative reforms. are most likely to commit a new violent crime. Colorado Each year, 12 million people are booked into jails in The PSA-Court tool was developed and validated the United States. Even though the majority are charged Connecticut by a research team that studied hundreds of thousands with nonviolent crimes, more than 60 percent of jail of pretrial cases in more than 300 U.S. jurisdictions. Delaware inmates are awaiting trial. Many of those in jail are there They identified the factors that were the best predic- Hawaii because they can’t afford bail. A recent Bureau of Jus- tors of new crime, new violence and failure to appear. Illinois tice Statistics report said that about nine in 10 detained They determined that the risk assessment tool—without Kansas felony defendants in large urban counties had a bail a time-consuming interview—can reliably predict risk Kentucky amount set that they were unable to meet. posed by a given defendant. Other Arnold Foundation research is shedding light Maine Kentucky is the first pilot site for the tool. All 120 on the effect of pretrial detention. Findings released counties started using it in July 2013, and other pilot sites Oklahoma in late 2013 show that defendants held for the entire will begin this year, followed by a national rollout. Pre- South Carolina pretrial period had a three or four times greater likeli- liminary results in Kentucky are confirming the tool’s Virginia hood of being sentenced to prison or jail than defen- value in predicting pretrial success. dants released at some point before trial, and prison Kentucky legislation in 2011 paved the way. It broadly or jail sentences imposed were two to three times longer. The addressed criminal justice reforms, and required judges to use research also found that low- and moderate-risk defendants who results of an interview tool designed to measure a defendant’s were detained before trial were more likely to commit new risk of flight and potential for criminal conduct while on pretrial crimes within two years of case disposition. Arnold analysis in release pending case disposition. The process effectively gauged two states also found that moderate- and high-risk defendants risk and improved pretrial release success rates, but it was labor released who received pretrial supervision were significantly intensive. The new PSA-Court tool changes what was a 20-minute more likely to appear in court as scheduled. interview process to a five-minute assessment, according to Tara Traditionally, criminal justice hasn’t had enough data and Klute, director of Kentucky Pretrial Services. analysis, says Milgram, who likes to refer to Arnold’s national “We’re finding it saves time and resources and produces bet- efforts to bring smart, statistical analysis to issues as the “mon- ter results,” Klute says. eyball” approach. Kentucky’s legislation also requires that low-risk and some “You can’t solve problems you don’t know you have,” Mil- moderate-risk defendants be released on their own recogni- gram says. “That’s why we are collecting and analyzing data zance or on unsecured bond. Since that requirement was put in needed to answer critical questions about how we can make our place, non-financial releases have risen 15 percent. This adds communities safer, make our criminal justice system more just, up to 11,000 more defendants released since the new policy and use our already scarce resources more wisely.”

STATE LEGISLATURES | FEBRUARY 2014