Download Alternatives to prison

Sentencing in Colorado
The Use of Alternatives to
Prison and Jail Incarceration
Henry Sontheimer
Dept. of Justice Services
EPC Dept. of Justice Services
Sentencing Law and Practices
EPC Dept. of Justice Services
Colorado’s sentencing structure
• Felony: an offense for which the offender can be
sentenced to the state penitentiary or county jail
– each of the 6 classes of felonies carries a
“presumptive sentencing range”—judges normally are
expected to impose a sentence within this range
– some felonies carry mandatory sentences
– habitual offenders may be subject to “3 strikes” law
• Misdemeanor: an offense for which the offender
can be sentenced to the county jail
– each of the 3 classes of misdemeanors carries a
presumptive sentencing range
EPC Dept. of Justice Services
Possible sentences on felony conviction
• State prison (includes mandatory parole term)
• Community Corrections (halfway house)
• Probation
– specialized probation: Intensive Supervision, Drug
Offender, Female Offender, Sex Offender Intensive
– sentence may include some jail time, home detention
• Fine/Other
• Suspended sentence
• Youthful Offender System
– for youths 14-17 years of age charged as adults for
certain serious crimes
EPC Dept. of Justice Services
Possible sentences on
misdemeanor conviction
• County Jail (including home detention for all or
part of sentence)
• County Jail work release sentence
• Probation (can include some jail time, home
detention)
• Residential drug treatment
• Suspended sentence (includes 4 th J.D. Drug
Court option)
• Fine
EPC Dept. of Justice Services
Sentences received by convicted felons in
Colorado (FY 1998-99)
Prison
4,463
33%
Probation
6,493
49%
County jail
716
5%
Fine/Other
1,398
10%
Community
Corrections
376
3%
EPC Dept. of Justice Services
State Correctional Populations
EPC Dept. of Justice Services
Adult offenders under state correctional
supervision (FY 2001)
Community
Corrections
3,281
5%
Parole
5,475
8%
Probation
39,241
61%
Prison
16,605
26%
EPC Dept. of Justice Services
Annual cost for one adult offender under
state correctional supervision in 2001
•
•
•
•
•
Prison
Community Corrections
Parole
Standard Probation
Intensive Probation
$27,250
$13,768
$ 2,938
$ 562
$ 3,291
EPC Dept. of Justice Services
State prison population growth
• The state prison population grew by about 8%
per year over the last five years, or much faster
than the growth in the general population
• This growth is due to policy and legislative
changes, such as mandatory parole and tougher
sentencing laws
• The Dept. of Corrections projects similar growth
over the next several years
Average state
prison population:
1996
1998
2000
2002
11,019 13,242 15,441 17,367
EPC Dept. of Justice Services
Local Practices
4th Judicial District Criminal Filings
and County Jail Use
EPC Dept. of Justice Services
Profile of 2001 criminal filings in
4th Judicial District
• 4,426 Felony cases
– the most common felonies are property offenses (37%),
drug offenses (25%), & crimes against persons (18%)
• 12,036 Misdemeanor cases
– the most common misdemeanors are domestic
violence offenses (28%), drug offenses (13%), &
crimes against persons (12%)
• Not all cases filed result in convictions. Persons
charged with a felony may be convicted on a
misdemeanor.
EPC Dept. of Justice Services
El Paso County Jail Statistics
• 21,712 admissions & 21,647 releases in 2002
• Average daily jail
1996 1998 2000 2002
838 973
939 1,109
population:
• Average stay (days)
1996 1998 2000 2002
for sentenced inmate: 28.2 27.2 27.4 32.8
• Annual cost to house one inmate:
• County jail
$21,294
• County jail with work release
$15,819*
• ComCor, Inc. work release
$ 8,030*
* Assumes full collection of $15/day stipend charged to work release inmates.
ComCor, Inc. receives the work release stipend for inmates under their care.
EPC Dept. of Justice Services
County Jail Population Snapshot (11/17/02)
#
%
#
%
Drug offense (not marij.)
153
13.4%
Menacing
27
2.4%
Assault
121
10.6%
Forgery/fraud/bad check
22
1.9%
DUI
84
7.4%
Viol. of restraining order/DV
20
1.8%
Driving under revocation
79
6.9%
Criminal Trespass
19
1.7%
Burglary
69
6.1%
Kidnapping
19
1.7%
Theft
64
5.6%
Viol. of prob./Comm'y Corr.
11
1.0%
Escape/fugitive
45
3.9%
Drug offense (marijuana)
10
0.9%
Murder
42
3.7%
Other sex offenses
5
0.4%
Motor Vehicle Theft
39
3.4%
Weapons offenses
3
0.3%
Sexual Assault
39
3.4%
Vehicular homicide
3
0.3%
Parole violation
38
3.3%
Other offenses and holds
158
13.9%
Robbery
36
3.2%
Harassment
34
3.0%
TOTAL
1140
100.0%
Based on most serious charge. Many inmates have
other associated charges.
EPC Dept. of Justice Services
Alternatives to Incarceration
in El Paso County Jail
EPC Dept. of Justice Services
Pre-trial alternatives to incarceration
in EPC Jail
• Personal Recognizance (PR) bond
– county operated program
– defendants screened for risk and community ties
– eligible defendants released on non-cash bond
• Commercial bond through licensed bondsman
– defendant pays fee equal to 10-15% of bond amount
• Average length of stay for pre-trial defendants released
on bond is 4 days
• 80% of defendants released on bond spend less than
one day in jail before release
EPC Dept. of Justice Services
Post-conviction alternatives to incarceration
in EPC Jail
• Probation – conditions may include day reporting, monitored
abstinence, counseling, etc.
• Work Release - confinement at CJC or ComCor, Inc.
except for hours spent at job. Offender pays $15/day
• Transitional Work Release - first half of sentence at
ComCor, Inc., second half on electronic home monitoring
• Community Custody Program
– electronic home monitoring (EHM) in lieu of jail sentence
– split sentence – first half in jail, second half on EHM
– offender pays for cost of EHM supervision
• Gateway Through the Rockies - jail-based treatment
program with community-based work details
• Earned time - inmates can earn from 2 to 11 days per month
off their sentence for good behavior
EPC Dept. of Justice Services