HomeMy WebLinkAboutJustice Reinvestment Proposal1
Justice Reinvestment Program Proposal
Deschutes County Community Justice Department
J. Kenneth Hales, Director
November 12, 2013
Purpose, Objectives, and Utilization
The purpose and objective of the Justice Reinvestment Program (JRP) are set forth in HB3194
Section 53 that specifies JRP funds are to be awarded to counties for:
Establishing a process to assess offenders; and
To provide a continuum of community-based sanctions, services and programs.
The above mentioned objectives are for the purpose of:
Reducing recidivism; and
Decreasing the county’s utilization of imprisonment.
The legislation also describes what kind of activities the funds may be used for by giving
examples of “Community-based programs” that includes:
Work release programs
Structured, transitional leave programs
Evidence-based programs that include sanctions, supervision and treatment
Reentry courts or specialty courts aimed at medium and high-risk offenders.
Additionally legislation specifies that no less than 10 percent of the JRP grant shall be distributed
to community-based nonprofit organizations that provide services to victims of crime.
Sustainability
Sections 52 and 53 of HB3194 are repealed on July 1, 2023. Although the legislature could act to
repeal sections 52 and 53 of HB3194 there is no cause to believe this would occur. Much has
been said about the necessity to meet prison reduction targets to fund the JRP. In actuality there
is nothing in statute that specifically and directly links the level of prison utilization to the level of
JRP funding. Future funding for the JRP will be determined by the legislature in the context of
revenue and other funding needs including but not limited to the cost of prisons. Nevertheless, the
short term impact on prison utilization from the sentencing reforms in HB3194 will reduce the
state’s prison population by 500 over the next two years and 1,000 over the next ten years,
according to the most recent prison population forecast. The impact of the JRP on t future prison
utilization is unknown.
If Deschutes County does not participate in the program the funds available to Deschutes County
will be reallocated to other counties participating in the program. If Deschutes County does not
participate in the program it will not have an opportunity to enhance criminal justice services for
Deschutes County citizens. Circumstances may arise in the future necessitating a reduction in
work force due to reduced county funding and or reduced state funding of M57grant funds, or
JRP grant funds, or community corrections grants funds. Funding may increase or decrease
nevertheless the department will provide the highest level of service to the community possible
for the level of resources provided.
Program Proposal
The Deschutes County Community Justice Department Adult Parole and Probation Division’s
(department) proposal has three key components, each to address three inmate and offender
populations targeted by HB3194 and the JRP. One impact of HB3194 is that a subset of prison
inmates will be released on conditional release and to the Alternative Incarceration Program
ninety days rather than thirty days prior to the completion of their prison term. Strategy 1 is to
have a parole and probation officer (PPO) assigned to the JRP caseload to intervene with these
inmates prior to release and based on the prison release counselor’s LS/CMI prepare the
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offender’s supervision plan. If a LS/CMI has not been completed or is out of date the PPO will
conduct one. This activity will establish a process to assess offenders as specified in Section 53 of
HB3194.
Additionally the case plan shall call for a continuum of community-based sanctions, services and
programs that include a balance of sanctions, supervision and treatment as specified in Section 53
of HB3194. The sanctions will include the full gamut of graduated sanctions including but not
limited to electronic monitoring, to be financed from the JRP. Supervision will be applied
according to the offender’s risk profile and compliance, and the department will assist as needed,
within the limits of JRP budget funds, to finance alcohol and drug treatment, sex offender
treatment, or batters intervention treatment.
Important to the success of this strategy is to maximize the number of eligible prison inmates
accepted into the community by the department on the 90-day conditional release or the
Alternative Incarceration Program. Statewide approximately 20% of the Short Term Transitional
Leave or Alternative Incarceration Program eligible inmates are accepted by the local parole and
probation department for return to the community. The impediment to accepting these inmates is
often the lack of housing and inability to get the offender into treatment. Funds for transitional
housing and treatment for these inmates will be financed from the JRP.
Strategy 2 is a diversion from prison strategy. The activity is for the JRP PPO to intervene at pre-
sentence with offenders convicted but not yet sentenced for a crime eligible for downward
departure to probation in lieu of a prison sentence. The JRP PPO will conduct a risk assessment
and do initial supervision planning in an effort to assist the prosecuting attorney and the court to
agree to a downward departure sentence. This activity establishing a process to assess offenders;
allows for case plan development based on the LS/CMI that includes a balance of sanctions,
supervision and treatment as specified in Section 53 of HB3194. Sanctions, supervision and
treatment will be financed from the JRP.
Key to the success of this strategy is constant monitoring of eligible cases, and quick
communication between the District Attorney’s office and the department in order to identify as
many eligible cases as possible and to respond with the assessment and report promptly. At times
the entire process could be initiated and concluded within a day or two..
Strategy 3 is to intervene with the departure cases serving a sentence in jail prior to release to
probation. Many defendants will agree to a plea bargain for a departure to probation. In these
cases there is no opportunity or need for a presentence assessment. Therefore for these offenders
the JRP PPO will do the LS/CMI and initial case planning while the offender is in jail prior to
release onto probation. The actual probation cannot start until the offender is released from jail. In
addition to getting a head start on the offender’s case planning, the assessment and case plan
information will be made available to the jail’s programs officers to assist him or her in inmate
classification and program assignment decision making. This activity establishing a process to
assess offenders; allows for case plan development based on the LS/CMI that includes a balance
of sanctions, supervision and treatment as specified in Section 53 of HB3194. Sanctions,
supervision and treatment will be financed from the JRP.
Resources
Deschutes County is eligible for $321,192 for each fiscal year FY14 and FY15.
To implement the proposed the department seeks $225,000 annually to cover startup costs,
finance two personnel and to purchase electronic monitoring, transitional housing, drug and
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alcohol treatment, sex offender treatment, and batterer’s intervention treatment for JRP program
participants.
One personnel position will be responsible to:
Perform prison inmate prerelease planning, release investigations, and assessments
Provide liaison with the District Attorney’s Offices on departure eligible cases
Do presentence assessments, make reports and provide testimony as requested; and
Do jail based assessments on departure sentences; and
Perform all customary probation, parole or post-prison supervision requirements and
duties for the JRP program participants.
The second personnel position will, among other duties:
Manage the department’s justice reinvestment program, and supervise the JRP PPO; and
Participate on the Supervisory Authority Board (SAB) Administrative Committee; and
Assign staff and track completion of Morrissey Hearings on jail inmates to ensure they
are processed in a timely manner; and
Liaison with jail staff and SAB to coordinate imposition of jail sanctions for offenders’
on community supervision with population management needs of the jail; and
Draft revised SAB policies and procedures related to new law, the above mentioned
population management activities, new processes for SAB warrants, and issuing the
pending sanction report; and
Coordinate information with jail regarding those who are being reviewed by the SAB,
and insure that PPO's are submitting necessary information to the jail for the SAB
hearings; and
Coordinating and as needed assign back up PPOs to complete the presentence assessment
on dispositional departure cases; and
Coordinate offender services with jail programs officers on JRP program participants.
Purchased services for JRP participants will include:
Electronic monitoring as a sanction, or as an alternative to jail incarceration for inmates
pending release to probation
Transition housing
Drug and alcohol treatment
Sex offender treatment
Batters intervention programming