1. Philadelphia Prison System Leon King, Esq. Commissioner

2. Average Daily Population The increased ADP is the result of longer LOS (33), not a deterrent effect of incarceration. (43)

3. 3 Average Daily Population for Females and Juveniles

4. 4 Length of Stay for Inmates The Length of Stay for inmates has been increasing. Previously the LOS was as low as 50 days; now it is about 89 days. (33)

5. 5 Summary: The Increasing PPS Population Reasons for the increasing PPS population: use of detention 1.The use of detention has appeared to have increased proportionately as an outcome of the preliminary arraignment stage, while the “riskiness” of the entering caseload has not worsened empirically. (86) arrests for drug 2.The increased arrests for drug possession and distribution, respectively. confinement for SMI 3.The increased use of confinement for SMI defendants. technical violations 4.The increased technical violations for Probation and Parole defendants. (24) multiple holds, pretrial detainers, bail related holds, and bench warrants 5.The increased rate of defendants with multiple holds, pretrial detainers, bail related holds, and bench warrants. (24) 6.The increase in homicide in Philadelphia has not resulted in significant increases in the City’s Criminal Justice caseload or the PPS population. 7.Increased caseload 7.Increased caseload in the Municipal and Common Pleas Courts. (24) –The increased processing times in both Courts. –Not enough resources in either court to keep up with the caseloads. –This has contributed to an increased LOS in the PPS.

6. 6 Estimated Percent of Total Population Confined for Only One “Hold” (45app) est. n. = 8,415

7. 7 Inmates’ Most Serious Charge as of 7/07

8. 8 Seriously Mentally Ill (SMI) as of 7/07 At Present, the PPS has over 1400 SMI Inmates. 851 inmates are charged with following non-violent charges. Philadelphia’s tax payers, the Criminal Justice System and many of these inmates would be better served in alternative detention facilities (under discussion – see last slide).

9. 9 Bail Amounts of Defendants Detained est. n. = 4,727 Approximately 1200 inmates have a bail of $5,000 or less (52app) – this includes multiple holds. The literature shows no relation between cash bail and prevention of crime during release (87).

10. 10 The PPS Population Growth The following are interconnected reasons for PPS growth: Increased PPD arrests and, specifically, drug arrests (16), have lead to… Increased case load (10) in the Courts, which, together with “pretrial release guidelines” are no longer yielding a reduction in PPS admissions (80), has lead to… An increased use of housing inmates in the PPS at the front end by the Municipal Court and lower numbers of plea cases in both Municipal and Common Pleas Courts. (80) Increased numbers of inmates detained with a low bail, many of whom had… Multiple holds, and many of these were detained for… Violation of probation/parole. –The increased use of probation and parole has also led to an increase in violations which result in wanted cards and detainers and eventually incarceration with additional holds. And, as the work load for Probation and Parole increased, resources were not. (24) In addition, SMI inmates have made up an increasing percent of the PPS census. (32 & 80)

11. 11 Drug and Non-Drug Cases Entering at Preliminary Arraignment Non-Drug Cases: Projections for a steady volume of non-drug cases entering the criminal process at preliminary arraignment are from a low 600 to a high of 730 cases per week, through 2007. Not all of these reach the PPS, but as preliminary arraignment increases, so too will the admissions rate at the PPS (16) Drug Cases: Projections suggests that the number of drug cases will increase slightly from 350 in 2005 to around 400 drug cases entering the Municipal Court, per week, through 2007. Drug cases have played a major role in arrests and in criminal caseload in Philadelphia courts and the PPS particularly since the late 1980s. Not all of these reach the PPS, but as preliminary arraignment increases, so too will the admissions rate at the PPS (16)

12. 12 Municipal Court The Municipal court handles over 3100 cases per month (78% of the City’s load.) (81) And this is expected to increase 14% by 2012. (18) From 2003 to 2005, Municipal Court inventory increased by 40%, and the Court has resolved misdemeanor cases, increasingly, through the use of trial (81) which results in an increased PPS population and LOS for other detained inmates. –Resources have not accompanied increases in caseload, (or court procedures do not keep up with the new numbers), volume alone is an exacerbating role that extends to the PPS. (81) There is a relatively “longer period” between preliminary arraignment and misdemeanor adjudication, and between preliminary arraignment and preliminary hearing in felony cases. (23) Though Municipal Court cases “stay” in pending status for much briefer periods than felony cases at the Common Pleas level, the large volume of cases in the Municipal Court inventory throughout the last years makes the inventory a potentially significant factor for in Philadelphia’s criminal justice system. (17)

13. 13 Common Pleas The Common Pleas court handles over 880 cases per month (22% of the City’s load.) And this is expected to increase 18% by 2012. (18) The direction of the trend in the number of undisposed cases in Common Pleas at year’s end has greater potential significance for local confinement than the Municipal Court year-end inventory— despite the much smaller volume of Common Pleas in inventory. (18) Felony cases are increasing and as this increases, so too, does the caseload, which has led to increased pretrial confinement. (23)

14. 14 Municipal and Common Pleas Both share some common themes: The processing of Probation/Parole violations have increased over the last decade. Persons awaiting violation proceedings make up to 25% of the PPS Population. Dismissals are the most commonly occurring one-year outcome in a Philadelphia court case. (84) –25% of misdemeanor cases ended in dismissal –69% of preliminary hearings resulted in dismissal –12% of cases in Common Pleas for adjudication ended in dismissal About 25% of defendants enter the system already on pretrial release in other cases. Thus, bench warrants pose significant obstacles as they represent additional holds facing incoming cases. (84)

15. 15 Municipal and Common Pleas Of all (non-homicide) defendants, 73% had reached adjudication within 12 months from preliminary arraignment; 27% had not. (53)

16. 16 Misdemeanor Trial vs. Plea Disposition Because trial disposition generally takes longer than guilty pleas in Municipal Court and result in a higher probability of some confinement, one implication of research projections is that misdemeanor defendants may more often be confined and, when confined, may spend longer in confinement as pleas remain the less common method of case resolution. (20)

17. 17 Diminishing Returns on Incarceration Incarceration has been estimated to be responsible for about a 20% reduction in criminal activity, in the short-term. However, in the long-term, with increased use of incarceration, there is also the effect of diminishing returns and even more crime. With increases in persons incarcerated, the deterrent effect of incarceration decreases (Blumstein, et al, 2006). This occurs for several reasons: The increasing incarceration of non-serious/violent criminals leads to decreased effectiveness because many of these individuals would have been unlikely to re-offend, anyway. A criminal record is associated with non-serious criminals, as well as serious criminals; this impedes prospects for future employment, which creates increased risk factors for later criminal activity. Criminogenic behaviors and attitudes are learned while incarcerated, which is especially a significant risk factor for non-serous/violent criminals. The increased resources on incarceration leads to decreased resources for other, more effective crime reduction strategies.

18. 18 Suggestions to Streamline the Criminal Justice System The Court could expedite system changes designed to: –speed up processing times regarding preliminary arraignment –address case consolidation on multiple hold defendants –expand the use of video conferencing –develop a “Day Reporting” alternative to detention for pretrial detainees –increase referrals for “Treatment Courts” for non-violent drug users –create alternative detention and treatment for SMI defendants who meet certain criteria –allow bail commissioners to dispose of bench warrants at the preliminary hearing stage –alternative sanctions for technical violations of probation and parole –ensure that inmates whose aggregate sentence is greater than 23.5 months are confined to the State Department of Corrections –redeploy probation and parole The City continues its commitment to monitor these performance indictors through its AXIOM database.