Task Force on Public Safety OREGON CRIMINAL JUSTICE COMMISSION OCTOBER 30, 2013

Forecast Slide 7/1/2015: 14,251 Population

3194 funds Agency Change from to budget $ change +/- TOTAL Department of Corrections ($19.7 million)$1.4 billion Community Corrections (Grant in Aid funding / 1145 funding) $33 million$215 million Local Jail Support $5 million Justice Reinvestment Account (From Legislature) $10 million$15 - $20 million Justice Reinvestment Account (Criminal Justice Commission) $5 millionTBD Justice Reinvestment Account (revenue forecast dependent) TBD Department of Public Safety Standards and Training $1 million$44.9 million Crime Victim’s Services (DOJ) $8 million$21.1 million State Police (patrol rural counties & forensics) $3 million

Task Force on Public Safety TIMELINES  Receive a report submitted October 1, 2014  Evaluate the Department of Corrections report on cost savings;  Submit Report to the Legislature and Governor no later than October 1, 2016  Review the implementation of HB 3194;  Choose a Cost Benefit Tool with CJC;  Consider the policy implications of establishing an earned conditional release for juvenile offenders;  The Committee expires the date of the convening of the 2017 regular session of the Legislative Assembly.

Key provisions of HB 3194: Sentencing  Probation for all Marijuana offenses  Exceptions: Manufacture or Delivery w/in 1000 feet of a school & Delivery to a minor.  Probation for Felony Driving While Suspended  Exceptions: Murder / Manslaughter / Criminally Negligent Homicide / Assault with serious physical injury / Aggravated vehicular Homicide / Aggravated Driving While Suspended.  Robbery in the Third & Identity Theft  Presumptive sentence reduced to 18 months prison from 24 months in prison.

Key provisions of HB 3194: Sentencing  Drug delivery & manufacturing sentences.  ORS repealed until  Gives judges ability to give optional probation on drug offenses even where the person has previous convictions for the same or similar drug offenses.  Transition Leave  The final 90 days of a prison sentence may be served in the community under certain circumstances.  Department of Corrections identifies eligible offender and works with community to which they will be released to set rules and a transition plan.  Harassment  Distributing a visual recording of a minor who is nude or engaged in sexually explicit behavior.

Key provisions of HB 3194: Probation  Earned Discharge  Department of Corrections writes the rules for earned discharge  Granted in exchange for compliance with the terms of supervision, payment of restitution, and participation in recidivism reducing programs.  A person sentenced to probation for a felony conviction may have the length of their supervisory sentence reduced by up to 50% so long as they have been on supervision for at least six months.  Special Conditions set by PO  Submitting to a risk / needs assessment is now a general condition of probation.  PO may set special conditions of probation as needed after filing those changes with the court, and after hearing no objection from the district attorney within five judicial days.

Key provisions of HB 3194: Reentry Courts  May be created in participating counties where a steering committee is established. A steering committee shall consist of:  A Judge  A District Attorney  A Criminal Defense Attorney  A Parole or Probation Officer  A Representative of the Business Community  A Representative of the education community  Any other person the presiding Judge deems as necessary  A Reentry Court establishes concurrent jurisdiction with the post prison supervising authority, and may impose sanctions for violation of that supervision

Key provisions of HB 3194: Specialty Courts  Defined as Drug courts, veterans’ courts, mental health courts or similar courts or docketing systems.  CJC is to be the clearinghouse for specialty courts collection of information, preparation, analysis and dissemination of best practices.  After consulting with the courts, CJC shall develop evidenced based standards to be applied to specialty courts that must:  Be designed to be cost effective and reduce recidivism  Target medium and high risk offenders

Key provisions of HB 3194: Correctional Forecast / Costs  The Forecast must identify the margin of error; attribute growth or decline to specific policies or baseline assumptions (e.g. population growth)  The Department of Corrections shall submit a report to the Public Safety Task Force on how the Department intends to reduce per- inmate incarceration costs by five percent in the next decade while maintaining public safety and programs.

Key provisions of HB 3194: Measuring Outcomes  Programs must be “cost effective” utilizing a cost benefit analytical tool under ORS (2) identified by the CJC after consulting the Task Force on Public Safety  Utilize Random Control Trial when possible  Recidivism: arrest, conviction or incarceration of a person who has previously been convicted of a crime, if the arrest, conviction or incarceration:  A) Is for a new crime and within 3 years from conviction or release from incarceration  B) Is for any reason and within 3 years from conviction or release from incarceration

Key provisions of HB 3194: Policing Excellence  The Center for policing excellence is established  For researching, presenting, instructing efficient and effective evidenced based policing practices designed to make our communities safer.  DPSST has hired personnel to renew management training as a precursor to using evidence based policing

Key provisions of HB 3194: Justice Reinvestment Program  Establish the Grant Review Committee to write rules for future JRI grant applications and to make recommendations to the CJC for awarding future grants.  Reinvesting money not spent on prison into community based sanctions, services and programs that are based on:  Offender assessments;  Cost benefit analysis of programs;  Evidenced based best practices to reduce recidivism (services, sanctions and programs)

Key provisions of HB 3194: Justice Reinvestment Program  Regional Implementation Councils  A process for evaluating the efficacy of community based sanctions, services and programs determined by the Grant Review Committee  Measuring recidivism and prison usage outcomes  Collaborative peer review through the monthly organization of state regional meetings

RIC Strategy Regional Implementation Councils (RICs) NW/Coastal: 13% of prison intake volume Metro: 62% of prison intake volume SouthWest: 14% of prison intake volume Central/Eastern: 11% of prison intake volume

Example DOC data

2013 JRI Distribution  §53(5): Notwithstanding (1)-(4) of this section:  (1) Upon receipt of a letter of intent to participate in JRI submitted by a county  (2) The CJC shall distribute a proportional share of funds deposited in the account  (3) The proportion is determined by the baseline funding formula  To date, the CJC has received 21 letters of intent to participate.  21 counties have received their JRI funds

Forecast Slide 7/1/2015: 14,251 Population

HB 3194: 2015 Implementation  CJC Justice Reinvestment Grant Program Appropriation  LPSCC driven – applications for funds go through LPSCC  Rules and advice from grant review committee  10% of total grant funds to community based non profit organizations that provide services to victims of crime  Sanctions, services, programs defined  Work release  Structured, transitional leave programs  Evidenced based programs designed to reduce recidivism  Reentry courts  Specialty courts aimed at high and medium risk offenders