Harlem Reentry Court Toolkit

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Sept.16, 2013

Screen Shot 2013-09-16 at 12.47.43 PM“The Harlem Reentry Court Toolkit” is an excellent document, describing in detail the structure, principles, and procedures of the Harlem Parole Reentry Court. It also provides excellent  appendices, including program templates, check lists, participant questionaires and other documents that will  be helpful to those starting a reentry court or simply interested in understanding how the Harlem program works.

The Harlem Reentry Court Toolkit”,  is authored by Debbie Boar and Chris Watler, administrators of the Harlem Community Reentry Task Force and the Harlem Parole Reentry Court, respectively, It is published by the Center for Court Innovation (CCI), and funded by the Bureau of Justice Assistance. [  please click on the image to the left for a PDF: the Harlem Reentry Court Toolkit]

 

NIJ Impact Evaluation on Reentry Courts due soon

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Sept. 16,2013

Screen Shot 2013-09-16 at 10.31.38 AMJust a reminder: A National Institute of Justice preliminary evaluation of eight reentry courts was published in March of 2013.  It provided an excellent description of the structures and processes developed by the participating jurisdictions and does and excellent job ib comparing their major program characteristics (see article: One Year Process Evaluations of 8 Reentry Courts). Entitled “The National Institute of Justice’s Evaluation of Second Chance Act Adult Reentry Courts: Program Characteristics and Preliminary Themes from Year 1”, can be found in full, by clicking on the image to the left of this text. The evalaution waa the product of RTI International, the Center for Court Inovation, and NPC Research. It’s authors are Christine Lindquist, Jennifer Hardison Walters Michael Rempel, and Shannon M. Carey.

We can expect an initial impact evaluation, focusing in the effectiveness of the eight  reentry courts at reducing recidivism and improving other reentry outcomes early in 2014.

 

A “You Tube” Reentry Court Tutorial

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Sept.9,2013

Go to the “Jeff Tauber” Channel on You Tube for the comprehensive 28 video tutorial on reentry courts

The San Francisco Reentry court Team was made up of program staff and volunteers who came together to providef community and friendship in an otherwise cold courtroom setting.

A You Tube channel set up in my name, “jeff Tauber”, provides video clips of reentry courts and court-based reentry systems. It will show decision-makers how effective sentencing systems can be in providing rehabilitative alternative to imprisonment. We believe that “seeing is believing” and since travel is often not an option, video can be the most instructive way to present relevant information on dynamic court-based reentry systems.

The  new “You Tube” Video Channel will provide a more direct and demonstrative way to learn about reentry courts. We have already begun the process, by exhibiting on You Tube what could be described as a “tutorial” on the San Francisco Parole Reentry Court (click here), composed of seven separate concept/playlists of four brief videos each. It’s our hope, that readers and friends will provide video of their reentry courts and court-based reentry systems for viewing on our website. We hope to continue to add video clips and related text, making our video channel, the most comprehensive video archive of court-base reentry systems.

[Our special thanks go out to Michael West at [email protected] for his wonderful videography]

 

California Realignment gets Mixed Reviews

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Sept.9, 2013

Screen Shot 2013-09-09 at 8.28.52 PMOver the summer, I followed the flow of prison reform news and found that one of the biggest stories of the year, continued to command the attention of the criminal justice field: California’s bold experiment with realignment. For those who haven’t been following the issue, realignment is simple in concept; those who do not commit violent, serious , or sex crimes do not go to prison, no matter how egregious the offense is supposed to be. It’s reduced the number of prisoners in California from approx.145,000 to under 120,000.

But the controversy over the reform has heated up over the summer. Law enforcement continues to demand more prison beds (translation: more prisons)  for non-serious offenders, the Supreme Court ordered Governor Brown to release 10,000  more prisoners (the reason for realignment in the first place was the Court’s finding that California’s prison overcrowding amounted to “cruel and unusual punishment”, recent research released describes realignment as working and not working. Rather than explore these issues now; let me suggest you follow them yourself, by checking my “Reentry Court Solutions” Facebook Page where relevant articles on the “Courts and Reentry”, include articles on “California Realignment”.

I will try to start off this fifith year on a positive note. Last year I visited and interviewed three counties that took very different approaches to their county’s “Realignment” responsibilities. They all appeared to show substantial potential for success with offenders sentenced to prison, who were to serve little time in local custodial institutions. With one last look backward, here are three county realignment models (as they were being structured in October of 2012), ranging from a highly involved court to one that hardly engaged “Realignment” at all.

[Note: I will be returning to the three counties (described below) this year and hope to provide  an update on their progress]

Santa Clara Realignment: A Collaborative Court Model

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The Santa Clara Realignment Model: This model builds on a comprehensive collaborative court system, well established in Santa Clara County over the past fifteen years.  It probably is closer to an evidence-based “Court-involved Realignment Model” than any other in California. Conceptually, the Model attempts to use the reentry court to separate the high risk offenders (many with histories of violence),  from the felons who pose little threat to the community.[click on image on the left for the 2011 Santa Clara County Public Safety Realignment implementation Plan]

Under the leadership of Judge Stephen Manley, Santa Clara County has  been able to expand and provide coverage beyond drug offenders to veterans,  the mentally ill, parolees and other criminal justice populations, working with over 2000 offenders a year. It was natural for  Santa Clara County’s Probation Department to work closely with the county’s Collaborative Court System to assist both supervision and rehabilitation of AB109 Realignment participants:

1. Offenders sentenced as felons under 1170H, (known as triple nons; non-violent, non-serious, non sex-ofenders) are assessed early in the process,  so that twelve sentencing judges can determine high risk offenders who need the special attention  of the reentry court.

2.Probation often refers parole violators (triple nons released from prison on Post Release Community Supervision; PRCS)  to the Parole Reentry Court for closer supervision and rehabilitation, even before filing a petition to revoke.  Using a retired treatment judge as the AB109  Revocation Hearing Officer, the Court retains PRCS offenders for special attention, while referring others to the Parole Reentry Court or other alternative to jail (if not to jail itself).

3. Finally, parolees supervised by parole officers, are turned over to the Parole Board for revocation hearings and sanctions (to be taken over by the Realignment Revocation Officer come July 2013). Parole currently sends a significant number of high risk parolees to the Parole Reentry Court  for supervision and rehabilitation services.

There are over 200 AB109 participants among the three categories of AB109  offenders presently being supervised by a reentry court (with some estimating the number to double over the next year).

The 2012 Santa Clara County Realignment Implementation Plan is expected to be submitted to the Board of Supervisors shortly.

[published in October, 2012]

 

 

 

 

San Joaquin County: A Hybrid Realignment Model

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The San Joaqun Realignment Model: The Probation Department takes the lead in assessing, reporting, monitoring, supervising, and rehabilitating offenders. A probation based system where the court plays a key supporting role. The court  reduces its footprint, by dealing mostly with those cases and individuals where it will have the most impact, only directly involved when the offender has committed a substantial supervision violation [click on image on left for 2012 Report]

 California’s Realignment Mandate (under AB109)  is to move prisoners and prison offenses from state institiutions to county supervision. The Head Probation Officeer of the County, is by statute, Chair of the Communtiy Corrections Partnership, responsible for setting up a countywide AB109 sentencing system.

The courts are free to follow their traditional role of sentencing offenders to prison (even though most will serve their terms in county facilities) and dealing with revocations when they arise. By my reckoning the  majoirty of counties are following that conventional approach (resulting in widespread expansion of jail facilities across the state).  At the other end of the spectrum are counties who are creating comprehensive court-based sentencing systems, that to the extent possible, are involved with the offender from the time of plea through sentencing and community supervision ( Santa Clara County, works with over 2,000 participate in its Comprehensive Collaborative Court System).

Somewhere in the middle of that spectrum, between the conventional hands off approach and the comprehensive court-involved system, is San Joaquin County.  San Joaquin County is in dire financial circumstances, with a population of approx.700,000 (400,000 in the city of Stockton alone) with a serious drug and gang problem. It doesn’t have the financial resources that would allow it to develop a more Comprehensive Court Sentencing System.

Instead San Joaquin county is creating a hybrid sentencing system, that combines the more traditional sentencing/probation model,with intensive court-based interventions when its community corrections system requires it. The conceptual heart of the San Joaquin model is that the court is there to assist, motivate, and serve the community-wide reentry process, not to drive the process.

Under the leadership of newly appointed Probation Chief Stephanie James, the Communtiy Corrections Partnership has taken the  lead in creating a framework for the sentencing system. A county- wide probation-based plan was approved by the County Board of supervisors on Sept.25, 2012. [click here: San Joaquin County Public Safety Realignment Plan]

The Court already has a substantial and successful collaborative court presence, with at least five existing collaborative courts (Parole Reentry Court, Drug Court II/Proposition 36, DUI Drug Court, Dependency Drug Court, among others).  While the court could be involved earlier and more intensively (as with its drug courts), it instead limits its reentry interventions to those cases and individuals where it will have the most impact.

The court receives pre-plea assesssments and sentencing reports from Probation, but in most cases does not become directly involved in the offender’s supervision, until their is a substantial violation. Along with an existing Parole Reentry Court (for parolees with parole violations), a Post-Release Supervision Court  (Compliance Court) is planned for  those felons who have serious drug problems that result in supervision violations, as well as, a Violent Offender Reentry Court for those high-risk violent offenders who have violated their Supervision. This Hybrid Realignment Model is an alternative to a comprehensive Court-Based Sentencing System [see: “A Model Court-Based Sentencing System”].

[published; October, 2012]

San Francisco Realignment : A Well Resourced Traditional Model

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The San Francisco Model: San Francisco has adopted a model that places almost all the responsibility for AB109 realignment participants on social services, criminal justice, and community agencies. The courts have almost no role in this model, except for the court’s tradition adjudicatory role of sentencing offenders and hearing revocation petitions.The City & County of San Francisco Public Safety Realignment & Post-Release Community Supervision 2012 Implementation Plan was passed on June 1, 2012. [click on image on the right , for a copy of the plan]

The San Francisco Model is one that clearly takes a community based approach to felon rehabilitation, with the city and county of San Francisco providing special resources to deal with the offender. San Francisco has a large, highly experienced and educated cadre of intervention specialists, both in the community, as well as in social service, public health and criminal justice agencies. They are using the court in a strictly traditional fashion, solely in its adjudicatory role. (Interestingly, as of March 30, approximately 2/3 of felons sentenced for new offenses under 1170H of the Realignment Statute, were sentenced to jail, without community supervision)

Probation has taken the lead in developing the Implementation plan, as is required by statute, with Chief Probation Officer Wendy Still chairing the Community Corrections Partnership. Prisoners returning to the community under Post Release Community Supervision (PRCS) are pre-assessed at their prison facility approximately two months before returning to San Francisco. Once released under PRCS, offenders are screened at Probation’s new Community Assessment and Social Services Center, a one stop hub, where participants have their housing, drug and alcohol treatment, health, psychological, job, education, and other needs assessed and allocated. Probation has also  created a special team to provide supervision and case management to the participants.

The Sheriff’s Department  has the resources to assess and provide additional services to AB109 felons in custody.  A special Realignment Pod is being prepared for participating felons.There are plans for prisoners to be returned to the jail two months before their prison term ends, for a pre-release process to prepare the felon for release into the community..Similarly both the Public Defender and District Attorney’s Offices  have resources to work with this special population. Finally San Francisco has a wealth of non-profit and other community organizations that are enthusiastic about assisting the reintegration of this new population into the community.

The San Francisco Realignment Plan is a traditional realignment plan in regards to the role of the court, relying on the community itself and relevant government agencies to successfully rehabilitate those placed in jail as felons under 1170H,  or those returned to the community under PRCS. What makes this plan noteworthy, is the commitment of the community and the resources available to accomplish their mission.

[published; October. 2012]

 

Judges and Post-Sentencing Discretion

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The Best Of: Published in April of 2013, this article delves into the thinking of judges who are being given post sentencing jurisdiction over serious felons, and analyzes the relative absence of judicial involvement in  post sentence decision-making.

Screen Shot 2013-04-15 at 11.08.02 PMRecently there was a tragedy in Colorado that exposed the vulnrbility of the judge in sentencing matters. A violent and mentally ill offender was sentenced to 8 years in prison and an additional  4 years for assaulting a prison official. That same offender killed two men within a month of his direct release into the community from administrative custody (solitary confinement). One of the men murdered was the Director of Corrections, Tom Clement (photo image on left). That single parolee has temporarily slowed the movement in Colorado toward prison reform.

The issue faced by the courts and judiciary in sentencing offenders, is whether they should  remain involved with the offender until he or she completes both the sentence and post-sentence supervision. If you are the sentencing judge or a judge involved in post-sentecing  decision-making, you may come to regret  a decision that the public comes to see as a mistake.

It is one reason that judges are reluctant to engage returning offenders from prison or reduce prison terms as allowed by statute. Judges can and should be a part of a process to move an offender from prison into post-prison rehabilitation and supervision in the community. But the agencies and institutions responsible for preparing the prisoner for release and the the supervising authority in charge of the offender once released  must have the resources, expertise, and commitment  to make the post sentence release work for the community, the court and the offender.

To put it simply, if the sentencing process, the custodial experience, or the release process are seen as inadequate, the court and judge maybe be vulnerable to a  backlash that could cost the judge his or her job.. It is that reason, among others, that hold many judges back from releasing offenders early or getting involved in post sentence supervision of offenders.

In the case of the alleged Colorado murderer. he was recognized as someone with a serious mental problem and a danger to the community. His mental illness and violent tendencies were so severe that he spent the last two years of his sentence in isolation. There are unanswered questions at this time as to the nature, intensity and quality of the treatment and services provided after he was sentenced, and the lack of transitional housing and intensive supervision when he was released [there is some issue as to the court and/or judge’s error in sentencing the offender, but any court/judge error was not post-sentence]

This issue goes far beyond the tragedy in Colorado. Many states (including West Virginia, where judges have new discretion under prison reform legislation) allow their judges to alter prison terms or add supervision terms to released offenders.California has put in place one of the most progressive sentencing and prison reform processes in the nation. Offenders who are sentenced on non-violent, non-serious offenses to prison, actually serve their sentences in county jail. If the sentencing judge wishes to, he or she can maintain jurisdiction over the offender while in custody and  reduce the custodial term and/or order probation supervision for the offender when released into the community

Even though this discretion exists, over 80% of California’s eligible offenders are sentenced to straight custody, with no probation or supervisory term attached. Judges are clearly reluctant  to accept discretion to resentence or reduce a prison term or attach probation and/or other continuing judicial supervision.

It is unclear whether different custody conditions  or treatment would have made a difference in the Colorado case. But the involvement of the court in post-sentencing is a fundamental change  that should not be abandoned because of the court’s fear of reprisals. It is only through the courts effective partnering in post-sentencing systems, that we can provide  the improvement  in sentencing outcomes we so desire. I’ll have more to say about this issue on next weeks website (see 12 part article on sentencing systems).

 

ONDCP Director Announces Expansion of Drug Courts

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The Best Of: First described in April, 2013, the “ARK” project has now been confirmed to be a fully funded ONDCP sponsored initiative, hopefully providing a systemic approach to the sentencing of offenders that will be applied across the nation

[EDITOR’S NOTE::The “ARK” program described in the press release below, is not fully defined, but seems similar to an evidence based sentencing system, described in a 12 part article, “A Model Court Based Sentencing System” published on this site last year. Specifically, its reference to “a reform framework to assess offenders and sort them into a systemic continuum of evidence-based sentencing options” would be a wonderful new initiative for drug courts and sentencing systems, in general]

The following press release is from the National Association of Drug Court Professionals (NADCP):

The White House Office of National Drug Control Policy Director, Gil Kerlikowske (see photo image on left of Director Kerlikowski) announced today that NADCP will receive a $1.4 million grant to expand the reach of Drug Courts and the groundbreaking justice reform model, the Annuals of Research and Knowledge on Successful Offender Management (ARK). Based on the Risk and Need Responsively theory, the ARK was designed as a reform framework to assess offenders and sort them into a systemic continuum of evidence-based sentencing options.  Today’s announcement represents a groundbreaking step towards significant justice reform across all points of the adult justice system.

The National Press Club speech was attended by justice leaders and policy experts from across the criminal justice spectrum. Representing NADCP was an incredible group of treatment court pioneers covering over twenty years of alternative sentencing innovation and leadership. Joining NADCP CEO West Huddleston were Board Chair Judge Robert Rancourt, Board Member Judge Pamela Gray, and former Board Chairs Judge Lou Presenza, Judge John Schwartz, and Judge Chuck Simmons.

“Drug Court is what real drug policy reform looks like,” said ONDCP Director Gil Kerlikowske. “By giving non-violent drug offenders a chance to reclaim their lives through treatment, we can finally begin to break the cycle of drug use, crime, and incarceration in America. Every dollar we spend on supporting this type of drug policy reform pays dividends in safer and healthier communities later on.”

“Today, our vision of a solution-oriented justice system is significantly closer to becoming reality,” said NADCP CEO West Huddleston. “This funding will allow NADCP and its partners to put the ARK into practice. We remain grateful that through this funding, Congress and the Administration continues its commitment to expand the reach of Drug Courts and ensure that they remain a cornerstone of much needed criminal justice reform.”

“We look forward to taking the ARK to scale,” said NADCP Board Chair Judge Judge Robert Rancourt. “In doing so, NADCP commits to collaborating with leaders from the law enforcement, corrections, probation, prosecution, defense, substance abuse and mental health communities. Working together, we will build a comprehensive system that will forever change the delivery of effective justice in this country.”

To learn more about the ARK, watch NADCP Chief of Science, Law and Policy and ARK co-creator Dr. Doug Marlowe present during the NADCP 18th Annual Training Conference.

 

 

 

Conservatives at the Genesis of Prison Reform

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The Best Of: This article, published on November 12,2012, was a harbinger of an avalanche of commentary on the conservative right’s assumed leadership of the prison reform movement.

In an article recently published  in the Washington Monthly, “The Conservative War on Prisons”, by David Dagan and Steven Teles, the authors make a powerful case for a conservative genesis for the current prison reform movement.

I had previously believed that prison reform was a liberal agenda and that conservatives were late  to the party. The authors make a strong case, that conservatives, while not in the vanguard of the prison reform movement, were ultimately responsible for its current successes.

As the authors put it, “Change is coming to criminal justice because an alliance of evangelicals and libertarians have put those benefits [of imprisonment] on trial. Discovering that the nation’s prison growth is morally objectionable by their own, conservative standards, they are beginning to attack it—and may succeed where liberals, working the issue on their own, have, so far, failed.”

According to the authors, the effective prison reform movment dates to the imprisonment of staunch conservative and Watergate conspirator, Charles Colson, who served time in a federal penitentiary. He  later establishment the “Prison Ministry”, which provided the moral underpinnings for a conservative reexamination of imprisonment. Led by “tough on crime” Texas and the “Texas Public Policy Foundation” (TPPF)— Texas’ premier conservative think tank, conservative governors got the political cover they needed to begin to reform overcrowded prison systems that were bankrupting their states. Even “The Second Chance Act”, widely revered as a one hundred million dollar grant program, to enhance reentry into the community, was a conservative inititive, It was initially proposed by Republican Representative Rob Porter and signed into law by President George W. Bush.

It appears that there is an important lesson here for progressives who wish to move prison reform forward. The article suggests  that critical conservative support for a progressive criminal justice agenda (as well as other agendas) is possible, when conservatives come to the table, on their initiative and based on their own values.  Definitely an article worth reading.

Prosecuting Attorney Lauds Historic Collaborative Courts

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THE BEST OF: First published in February of 2012, John Tunheim, the Thurston County District Attorney described the “Drug Court Model” as one of the “one of the most remarkable innovations in criminal jurisprudence since trial by jury [emphasis addded].

 

The article, “Drug Court turned justice system on its head – and it worked”, published in the Olympian on Feb. 29, 2012, by Chief Proscuting Attorney Jon Tunheim for Thurston County Washington, came across my desk some months ago. I was stunned by the force and conviction of the writer, And while plaudits for Drug Court and its progeny, collaborative courts, are not unique, the clarity of his vison and the historic nature of the statement make it very special. I commend this article to you and encorage you to make copies and share it with friends and colleagues. It is a reaffirmation of the historical importance of the probelm-solving court, as we look to expanding it into the realm of sentencing systems:

Drug Court turned justice system on its head – and it worked

Jon Tunheim, Prosecuting Attorney, Thurston county, Washington; 2/29/12

Sometimes, I wonder how the idea for a drug court originated. I wonder about this because the creation of drug courts in the United States is, in my opinion, one of the most remarkable innovations in criminal jurisprudence since trial by jury[emphasis addded].

Why was this idea so revolutionary? One of the cornerstones of our justice system is that it is adversarial. In other words, it resolves disputes by allowing parties to present evidence and argue their case in an adversarial setting. In the end, legally speaking, someone “wins” and someone “loses.” The adversarial system, in my view, continues to be the best way to resolve legal conflicts, particularly when the conflict is about facts.

But many years ago, when Janet Reno was a district attorney in Florida, she or someone in her office suggested that perhaps we don’t need to use the adversarial system for cases where the facts aren’t really in dispute and the criminal behavior is linked to addiction. Instead of using a slow and expensive adversarial system, perhaps we create a court that is collaborative – where everyone is working together to help the person overcome their addiction and thereby prevent future criminal behavior. This idea was revolutionary because it challenged one of the fundamental principles of our justice system. I can only imagine the reaction of some lawyers to the thought of abandoning the traditional adversarial process and creating a collaborative court.

I wonder if the person who first had this idea had any notion of how successful and how important drug courts would become in the criminal justice system. The data gathered over the years is remarkable. In our own Thurston County Drug Court, only 13 percent of those who have graduated later committed another felony. In comparison, 72 percent of those who were eligible but declined to go through Drug Court went on to commit another felony. Even more surprising, those who start Drug Court but are terminated are also less likely to commit a new crime. We estimate that Drug Court has saved Thurston County taxpayers well over a million dollars of jail costs and several million dollars in societal costs for drug-free babies born to participants in the program.
Nationally, experts estimate the return on investment for an average drug court is about $2.23 for every dollar spent. Even more remarkable is the return on investment increases to as much as $3.36 for participants who are at the highest statistical risk of committing more crime. Drug courts are not just an effective way of lessening addiction-driven crime; they are also a significant long-term budget saver.

The success of drug courts over the years led us to try this collaborative model of justice for cases involving other issues that contribute to crime. Examples include mental health, veterans courts, and DUI courts to name a few. We continue to look for other new ways to use this problem-solving court model as a way to reduce recidivism.

I wonder if the person who first thought of collaborative problem-solving courts had any idea how many lives would be saved. I wonder if they considered how many people would see loved ones pull themselves out of addiction and into recovery. I wonder if they even considered how much money would be saved over the years. It truly was an idea that changed the criminal justice system forever.

Brazilian Judge creates a new incentive for prisoners

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The Best Of: This article first appeared on this website September 10, 2012, describes the efforts of a Brazillian Judge to develop prisoner incentives that work for the community, and the prisoners themselves

 Jose Henrique Mallmann, a Brazilian Judge in Santa Rita do Sapucai was looking for a way to encourage prisoners to give back to their community. In a Google search he came across a story of an American gym that used the energy from exercise bikes to power  the club’s lights. Today there are there are four bicycles that require 10 hours of pedaling to fully charge one battery. The energy is enough to power 10 street lamps, out of 34 lamps that provide light for the plaza. Prisoners earn one day off their sentence with every 16 hours of pedaling (CNN News story).

This story is a reminder of why work (and education) incentives should be a part of every offenders rehabilitation plan. Some call it restorative justice, but whatever the name, its efficacy has been understood for a very long time. Scientists tell us that incentives are four times a s effective in reducing recidivism as sanctions. If you think about it, it makes sense. Those who have a chance to earn a reward are far more likely to appreciate an incentive and be encouraged to correct their behavior than someone who is punished to achieve the same end.

It also suggests that we in the courts ought to be looking for incentives wherever we can find them as a way to turn offenders away from crime. It’s not a panacea, but it is an important tool that the court and criminal justice system need to pay attention to. It is used by many correctional institutions, but rarely by judges. Why shouldn’t there be court progress reports, incentives, and certificates of accomplishments, to encourage those in custody to work toward both their successful release from custody and rehabilitation in the community. Judge Henrique Mallman figured out it could be done, and so should we.

 

Realignment Boosts Sentencing System Reform

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The Best Of: This article, first published on September 24, 2012, describes how Realignment , a reform that requires counties to keep less-serious offenders in-county to serve prison sentences, is being modeled in California.

Realignment, as prison reform, is having an major impact in the development of countywide evidence-based “sentencing systems”. No where is that effect greater than California, where the state is heavily relying on realignment to comply with the U.S. Supreme Court  order to reduce severe prison over-crowding (see NYT: In Califronia, County Jails face bigger load)

California’a AB109 Realignment Strategy has two important aspects:

1) Those sentenced to prison on less serious offenses (typically called triple nons; non-violent, non-serious, non-sex offenses), will be housed in county jails (when sentenced to prison) and supervised by county probation departments on LCS (Local Community Supervision). These individuals may not be sent to prison. Instead, they may be sentenced to a straight jail sentence (equivalent to the term they would have served in prison) or they may be sentenced to a split sentence term.  This is where the enormous potential of California’s realignment (AB109) comes into play. The court has the discretion to split the sentence between jail and LCS in ways it determines to be appropriate. The court maintains jurisdiction over the offender and may monitor the offenders progress over the course of the entire sentence; reducing a jail sentence and releasing the offender into the community to be supervised under LCS, or returning the offender to jail to complete part or all of the term upon substantial LCS violation. The degree of court discretion and involvement in the monitoring and supervision of the felon can be extraordinary, perhaps greater than that of any other state. Counties are required to develop collaborative strategies with probation, sheriff’s departments and other agencies and community based organizations, with the potential to maximize the impact of the court, while utilizing the resources and involvement of all collaborating organizations.

2) Starting in July, 2013 , those released from prison will be retained in the community, under Post Release Community Supervision (PRCS),  while under the jurisdiction of the County Superior Court, supervised by probation, to be returned to jail rather than prison when there are violations of parole. Unless they come under a very limited exception for dangerous and violent offenders, they will not be place on parole, revoked under the authority of the state parole board or returned to prison (a limited program currently exists statewide).

These two provisions provide a major opportunity for communities to create evidence-based sentencing systems, that utilize the courts, as part of a comprehensive and seamless sentencing system. Eveyone should be paying attention to what California Courts are doing with their new jurisdiction and sentencing discretion. (see:“A Model Court Based Sentencing System”)

Court-Based Realignment Recommendations

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THE BEST OF: The following article,  originally posted on September 9, 2012, describes how California Counties can make the best use of the state’s new realignment reform process.                  PDF

POTENTIAL SENTENCING SYSTEM REFORM IN CALIFORNIA COUNTY

I have set out possible sentencing reforms, based on the “Twelve Part Series on Evidence-Based Sentencing Systems” that may be relevant to a California County’s Realignment Process.

SENTENCING AND MANDATORY SUPERVISION UNDER PC 1170(H)

  1.  Start the risk assessment and classification process at plea or sentencing if possible, so the judge can make the most appropriate sentencing decisions.
  2. Create a seamless process for offenders, with a designated sentencing judge and staff monitoring and supervising offenders through the entire sentencing period.
  3. Develop court tracks that reflect probation classifications based on risks/needs assessments, and tailor appropriate court involvement and contacts to that data.
  4. Where appropriate, hold court hearings for in-custody offenders to encourage compliance with a rehabilitation plan through continued court monitoring.
  5. Use the court’s jurisdiction to motivate offenders to do well in their program by providing substantial incentives keyed to an incentives guideline.
  6. Have all newly released offenders, on “mandatory supervision”, meet with the judge for a brief interview, to set goals and remind the offender of program rules.
  7. Use custody as a sanction of last resort, relying on increased rehabilitation and treatment requirements, as well as, community service to correct misbehavior.
  8. Take advantage of the latest scientific findings, using evidence based sentencing practices to engage the offender in pro-social activities and cognitive therapies.
  9.  Create a technology system able to share data and information, reducing the need for team member’s personal presence, but maintaining court’s presence/influence.
  10. Look to probation, other government agencies, and community for partnerships.
POST RELESE COMMUNTIY SUPERVISON
  1.  Involve the court early, if only as a symbol of the system’s new found solidarity and commitment to work together, with the judge assisting in the process.
  2. The court should be considered an important resource in the reentry process, and while not directing the rehabilitation plan, assisting probation and the community.
  3. The court should  briefly interview the offender returned to the county, to remind the offender of the court’s interest, support, and concern.
  4. A Reentry Court. authorized by statute at the time of the revocation hearing,  may become involved as a community and probation based option even before a violation occurs, in a way, similar to the process defined above under 1170 (H).

 

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