Download THINKING ABOUT CRIMINAL JUSTICE REFORM By Daniel T

K I N G C O U N T Y P R O S E C U T I N G A T T O R N E Y’S O F F I C E
JUSTICE
COMPASSION
DANIEL T. SATTERBERG
PROSECUTING ATTORNEY
PROFESSIONALISM
INTEGRITY
LEADERSHIP
THINKING ABOUT CRIMINAL JUSTICE REFORM
By Daniel T. Satterberg
Crime Rates & Taxpayer Costs
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Today, taxpayers pay $1,223 per household on the criminal justice system, compared to
$557 in 1980
In 2011, crime rates were 46.4% lower than they were in 1980 and violence was down
27%. This trend continued in 2012
Today, crimes rates are down by 43% yet taxpayer cost for the CJS infrastructure is up by
120%
Source: Washington State Institute for Public Policy. Data are for Washington State. Monetary values in 2007 dollars. Crime rates cover major felony crimes as
reported to police.
Washington State Prison Population: 1990-2012
There are 18,053 people incarcerated in Washington State.
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Prison population in 1990 was 6,040
• Washington prison population is 4 times higher
Prison Population by Gender
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92.4% Male
7.6% Female
Source: Washington State Department of Corrections, Prison Facts, March 2013; www.doc.wa.gov.
Prison Population by Offense
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24% for assault
20% for sex offenses
19% for property crimes
15% for murder
OFFICE OF THE PROSECUTING ATTORNEY • KING COUNTY COURTHOUSE W400
516 THIRD AVENUE • SEATTLE, WASHINGTON 98104
Tel: (206) 477-1200 • Fax: (206) 296-9013 • www.kingcounty.gov/prosecutor
Prosecuting Attorney
King County
Page 2
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10% for robbery
8% for drug crimes
Source: Washington State Department of Corrections, Prison Facts, March 2013; www.doc.wa.gov.
Washington & National Rate of Imprisonment
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Rate of imprisonment for Washington is 269 per 100,000 citizens
Rate of imprisonment for Oregon is 361 per 100,000 citizens
Rate of imprisonment for California is 439 per 100,000
National rate of imprisonment is 497 per 100,000 citizens
Mass Incarceration
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U.S has the world’s highest incarceration rate
2.3 million U.S. prisoners
U.S. houses 25% of the world’s prisoners
National Prison Industrial Complex
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U.S. spends $24,000 per inmate per year
U.S. spends $5.1 billion in new prison construction
U.S. spends $60.3 billion in operating costs
Washington Prison Population by Race Compared to the State Population
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White: 72% of the prison population, 82% of the state population
African American: 18% of the prison population, 4% of the state population
Latino/a: 12% of the prison population, 12% of the state population
Asian: 4% of the prison population, 7.5% of the state population
Native American: 4% of the prison population, 2% of the state population
Source: Washington State Department of Corrections; www.doc.wa.gov; Washington State Office of Financial Management; www.ofm.wa.gov
Racial Disproportionality within the State Prison System
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African American men are 6 times more likely to be in prison than White men
African Americans and Hispanics combined account for over 1/3 of our prison
population, more than twice their representation in the general population
Source: Washington State Department of Corrections; www.doc.wa.gov; Washington State Office of Financial Management; www.ofm.wa.gov
Most Americans incarcerated are men, young, uneducated, poor, and a racial or ethnic
minority.
National Incarceration Trends
Prosecuting Attorney
King County
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2.3 million Americans, or .72% of the population, are in prison or jail compared to 1970,
when only 326,000 Americans, or .16% of the population incarcerated
---------------1 in 87 White men are currently incarcerated
1 in 36 Latino men are currently incarcerated
1 in 12 African American men are currently incarcerated
---------------1 in 57 (2%)White children currently has an incarcerated parent
1 in 28 (3.5%) Latino children currently has an incarcerated parent
1 in 9 (11%) African American children currently has an incarcerated parent
Source: Collateral Costs: Incarceration’s Effect on Economic Mobility; The Pew Charitable Trusts Economic Mobility Project, Western and Pettit (2010).
Collateral Impact of Mass Incarceration
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2.7 million children have an incarcerated parent
In Washington State, 30,000 children have an incarcerated parent
Paternal incarceration increases the likelihood of expulsion or suspension from school
23% of children with an incarcerated father have been suspended or expelled from
school
Source: Reclaiming Students, Washington Appleseed and TeamChild, November 2012.
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Adverse Childhood Experiences (ACES) is linked to drug abuse and mental health
issues. Traumatic experiences include having an incarcerated parent.
Source: Collateral Costs: Incarceration’s Effect on Economic Mobility; The Pew Charitable Trusts Economic Mobility Project, Western and Pettit (2010); The
Childhood Adverse Experiences Study at http://acestudy.org.
Protective Power of Education
75% of state inmates are high school dropouts
High school dropouts are 5 times more likely to go to prison in their lifetime than high school
graduates.
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African American men born in the late 1960s who dropped out of high school have a
59% chance of imprisonment in their lifetime
White men born in the late 1960s who dropped out of high school have an 11% chance
of imprisonment in their lifetime
African American men with some college experience have a 5% chance of imprisonment
in their lifetime
White men with some college experience have a .7% chance of imprisonment in their
lifetime
Source: Racial Critiques of Mass Incarceration: Beyond the New Jim Crow, James Forman, http://ssrn.com/abstract=1966018, 2012.
Prosecuting Attorney
King County
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Washington Drug Enforcement Policies and Reform
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1990, 18% of inmates incarcerated for drug crimes
1993, 26% of inmates incarcerated for drug crimes
1994, King County Drug Court created
2002, ESB 5990 expands earned release for nonviolent offenders
2014, 8% of inmates incarcerated for drug crimes
School Discipline Policies
Higher disciplinary exclusions are related to higher school dropout rates.
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School districts with more than 100 exclusion incidents per 1000 students had a
graduation rate 24% lower than school districts with few discipline incidents
Only 7% of school districts surveyed provided educational services to excluded students.
Districts that provided educational services to excluded students had a 10% higher
graduation rate, on average, than districts that did not provide educational services
African American, Alaskan Native, and Pacific Islander students are twice as likely to be
disciplined in comparison to White students
Excluded White students were nearly twice as likely to receive educational services
during exclusionary period as students of color
Mental Health
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1955, there were 340 public psychiatric beds per 100,000 residents
1963, Community Mental Health Centers Act signed by President Kennedy
2014, 14 public psychiatric beds per 100,000 residents
-95% of inpatient capacity
10 persons with mental health concern are in state prisons
Washington ranks 47th in number of psychiatric beds per state
10.5 beds per 100,000 residents
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National Drug Enforcement Polices
Drug enforcement in the United States is the most obvious contributor to racial
disproportionality in the criminal justice system.
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Half of all drug offenders sentenced to prison are African American, yet African
Americans represent only 1 in 6 drug users
In 1986, a federal law punished distribution of 5 grams of crack with a 5 year mandatory
sentence. It took distribution of 500 grams of powder to incur the same sentence
Prosecuting Attorney
King County
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o 80% of federal court defendants who were sentenced under this law were African
Americans
In 2010, the 100 to 1 disparity was reduced to 18 to 1 (sentence for possession of 28
grams of crack=sentence to 500 gram of powder)
Source: Kleiman, Drugs and Drug Policy. 2011.
Source: Racial Critiques of Mass Incarceration: Beyond the New Jim Crow, James Forman, http://ssrn.com/abstract=1966018, 2012.
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KCPAO Criminal Justice Reform Efforts
KCPAO Policy Priorities:
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Keep Kids in School
Divert Youth away from the Court System
Consistent Analysis of Drug Enforcement Policies
Sentencing Reform (3 Strikes Reform)
Reentry (Investing for No Return—Reduction in Recidivism)
Collateral Consequences (Eliminate barriers to successful transition back into
community)
KCPAO’s Truancy Dropout Prevention Program
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1369 Petitions filed
111 contempt hearings
• 8% went to court
KCPAO’s 180 Diversion Program
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Since 2011, 350 youth annually are diverted out of the court system
A majority were youth of color
Preliminary findings from an evaluation done by the University of Washington conclude
that the program is effective and reinforces smart decision-making
Reentry—Collateral Consequences
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8,000 men and women are released from Washington prisons each year
At least 1/3 of those released will be convicted of a new felony and return to prison
within 3 years
Nationally
o 75% rearrested for a new crime within 5 years
o 66% rearrested for a new crime within 3 years
o 56% rearrested within the first year of release
Prosecuting Attorney
King County
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o 36% rearrested within the first 6 months of release
o 50% return to prison within the first 3 years of release
In Washington, 28% return to the Department of Corrections within 3 years
Source: Investing for No Return, King County Prosecuting Attorney’s Office, December 2012.