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Read PDF Online Justice Reinvestment in Wyoming Policy Framework JUNE 2019 Overview yoming’s prisons are currently at capacity—the state spending and reinvest savings in strategies that improve public Wis already contracting with a prison in Mississippi to safety. The Council of State Governments (CSG) Justice Center house 88 people—and the prison population is projected to provided intensive technical assistance. Under the direction continue to grow. This growth is driven, in part, by revocations of Wyoming’s Joint Judiciary Committee (JJC), CSG Justice from probation and parole and would require an increase to the Center staff collected and analyzed data and developed a set of corrections budget to accommodate. At the same time, recent proposed policies. declines in state revenue have hindered Wyoming’s ability to invest in strategies to lower recidivism and reduce crime. These policies were reflected in House Enrolled Acts (HEA) 45 and 53 and Senate Enrolled Acts (SEA) 19 and 50, which were In March 2018, then Governor Matt Mead, then Chief Justice signed into law in February 2019.1 By successfully implementing E. James Burke, then Senate President Eli Bebout, House the recommendations in the bills, the state can expect to avert Speaker Steve Harshman, and Wyoming Department of up to $18.1 million in contract bed costs by fiscal year (FY) Corrections (WDOC) Director Robert Lampert requested and 2024. This is money that can be reinvested in increasing the received support from the U.S. Department of Justice’s Bureau availability and effectiveness of community-based behavioral of Justice Assistance (BJA) and The Pew Charitable Trusts to health treatment for people on community supervision. employ a Justice Reinvestment approach to reduce corrections WYOMING JOINT JUDICIARY COMMITTEE The bipartisan 14-member committee, which includes members of the state legislature, met three times between May and November 2018 to review analyses and discuss policy options. Some committee members changed in 2019 due to the 2018 election. 2018 JJC Representative Mark Jennings House Chair Senate Chair Representative Charles Pelkey Representative Dan Kirkbride Senator Leland Christensen Representative Bill Pownall Representative Tim Salazar House Members Senate Members Representative Clark Stith Representative Sara Burlingame Senator Lisa Anselmi-Dalton Representative Nathan Winters Representative Chuck Gray Senator Larry Hicks Representative Mark Jennings Senator Dave Kinskey 2019 JJC Representative Charles Pelkey Senator Tara Nethercott Senate Chair Representative Bill Pownall Representative Tim Salazar Senator Tara Nethercott BACKGROUND House Chair Representative Clark Stith Representative Dan Kirkbride Senate Members Representative Art Washut Senator Lisa Anselmi-Dalton House Members Senator Brian Boner Representative Bo Biteman Senator R.J. Kost Representative Jared Olsen Senator Michael Von Flatern DATA COLLECTION Extensive case-level data was provided to CSG Justice Center sentence lengths and length of time served in prison and staff by the WDOC, with additional data provided by on supervision; the results of risk and behavioral health the Wyoming Judicial Branch, the Wyoming Department needs assessments; community- and institutional-based of Health, and the Wyoming Office of the Attorney programming assignments; court case filings; and statewide General’s Division of Victim Services and Division of crime and arrest activity. Additional context and information Criminal Investigation. An analysis on this scale, in terms were provided through in-person meetings in Casper, of breadth and depth, had not previously been undertaken Cheyenne, Gilette, Jackson, Newcastle, Riverton, and in Wyoming and was critical to CSG Justice Center staff’s Sheridan counties as well as conference calls with judges, ability to deliver comprehensive, systemic analysis of adult prosecuting attorneys, public defenders, law enforcement criminal justice processes to the JJC. In total, more than officials, probation and parole officers, behavioral health 1.2 million individual data records spanning more than service providers, community corrections officials, parole 10 years were analyzed across these databases, including board members, victim advocates, and others. supervision and prison populations, admissions, and releases; KEY CHALLENGES Wyoming’s prison admissions are largely driven by probation and parole revocations for technical violations. Additional analysis found an increased number of people on supervision who have unmet substance addiction and/or mental illness needs. Through its comprehensive review of state data, the JJC identified the following key challenges and related findings. 1. Prison population growth. Between FY2008 and 3. Ineffective and costly responses to supervision FY2018, Wyoming’s prison population increased 21 violations. In 2017, 54 percent of prison admissions were percent.2 The population exceeds current capacity, which due to supervision revocations, the majority of which were has resulted in WDOC contracting with an out-of-state for violations that did not include a new felony conviction.3 private prison and in-state county jails to house additional Wyoming spends an estimated $30 million per year people. The prison population is projected to continue to incarcerating people revoked from supervision. Drug use is grow, increasing approximately 9 percent between FY2018 a common contributor to supervision revocations. and FY2023 and requiring 201 additional beds at an 4. Inadequate substance addiction treatment. Drug estimated cost of $18 million in new spending on contract possession and drug manufacture/delivery arrests both beds. increased sharply from 2013 to 2017 (up 26 percent and 2. Inadequate victim mental health coverage. The 59 percent, respectively).4 Drug-related offenses accounted Wyoming Crime Victim Compensation Program for 17 percent of all arrests in 2017, straining criminal (WCVCP) enables eligible crime victims to receive justice system responses and community behavioral health reimbursement for mental health services within a treatment delivery.5 Law enforcement executives stress the 24-month timeframe. This is an insufficient amount of need to connect people who have substance addictions, time to meet the needs of victims requiring a longer term as well as people with mental health and co-occurring of mental health services to help them heal from the needs, with community treatment and supervision to lower trauma they experienced. recidivism. Summary of Policy Options and Impacts The policy options presented to Wyoming’s JJC and that were subsequently enacted in legislation are designed to achieve the following goals: ■■ Reduce the number of probation and parole revocations that result in prison admissions, as well as the length of stay in prison for revocations, 25 percent by FY2024. ■■ Provide additional resources to victims of crime in need of additional mental health services. ■■ Promote success on supervision by requiring behavior change strategies to be used in conjunction with accountability measures for people on supervision who engage in violation behaviors. ■■ Reallocate supervision resources more effectively while maintaining public safety. 2 Justice Reinvestment in Wyoming: Policy Framework SUMMARY OF POLICY OPTIONS 1. Provide additional tools to support judges as they treatment and programming necessary to promote positive determine probation terms and sentence lengths. behavior change and increase success on supervision. 2. Extend the amount of time eligible victims can receive 4. Focus probation resources on people during the years of coverage for mental health service expenses. their term when they are at the greatest risk of failing on 3. Hold people on probation and parole accountable with supervision. swift, certain, and proportional sanctions and provide PROJECTED IMPACT Key pieces of the Wyoming Justice Reinvestment policy annual reduction of 5 percent each year in parole and probation framework address a major driver of prison population growth revocation admissions—as well as length of stay in prison— and cost: people revoked from probation and parole who are totaling 25 percent by FY2024, is estimated to reduce the prison admitted to prison. From FY2013 to FY2017, more than 80 population by 252 people, averting projected growth and $18.1 percent of supervision revocations were due to conditions million in contract bed costs over the next five years (see Figure violations without a new felony conviction.6 Enactment of the 1).8 As a result, Wyoming’s prison population will be 100 people policy framework serves as a pivotal component of an effort to below current rated capacity by FY2024. increase public safety by reducing recidivism.7 Achieving an FIGURE 1. WYOMING HISTORICAL AND PROJECTED PRISON POPULATION WITH POTENTIAL IMPACT ESTIMATE, AVERAGE DAILY POPULATION (ADP) FY2017–FY2024 3,000 Current Prison 2,449 2,500 Population Projection 2,197 Potential Impact Estimate 2,000 FY2020 FY2021 FY2022 FY2023 FY2024 -5% -10% -15% -20% -25% 1,500 Reduction in ADP per Year -30 beds -85 beds -144 beds -199 beds -252 beds 1,000 Averted Cost per Year* $0.8M $2.2M $3.7M $5.1M $6.4M 500 Total Averted Costs Over Five Fiscal Years $18.1 Million 0 FY17 FY18FY19FY20FY21FY22FY23FY24 * Based on current contract cost per person per day ($70). Justice Reinvestment in Wyoming: Policy Framework 3 REINVESTMENTS With the potential to avert up to $18.1 million in costs, the assessed needs are afforded the necessary treatment
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