THINKING ABOUT CRIMINAL JUSTICE REFORM By Daniel T. Satterberg

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1 K I N G C O U N T Y P R O S E C U T I N G A T T O R N E Y S O F F I C E JUSTICE DANIEL T. SATTERBERG PROSECUTING ATTORNEY COMPASSION PROFESSIONALISM INTEGRITY THINKING ABOUT CRIMINAL JUSTICE REFORM By Daniel T. Satterberg LEADERSHIP Crime Rates & Taxpayer Costs Today, taxpayers pay $1,223 per household on the criminal justice system, compared to $557 in 1980 In 2011, crime rates were 46.4% lower than they were in 1980 and violence was down 27%. This trend continued in 2012 Today, crimes rates are down by 43% yet taxpayer cost for the CJS infrastructure is up by 120% Source: Washington State Institute for Public Policy. Data are for Washington State. Monetary values in 2007 dollars. Crime rates cover major felony crimes as reported to police. Washington State Prison Population: There are 18,053 people incarcerated in Washington State. Prison population in 1990 was 6,040 Washington prison population is 4 times higher Prison Population by Gender 92.4% Male 7.6% Female Source: Washington State Department of Corrections, Prison Facts, March 2013; Prison Population by Offense 24% for assault 20% for sex offenses 19% for property crimes 15% for murder OFFICE OF THE PROSECUTING ATTORNEY KING COUNTY COURTHOUSE W THIRD AVENUE SEATTLE, WASHINGTON Tel: (206) Fax: (206)

2 Page 2 10% for robbery 8% for drug crimes Source: Washington State Department of Corrections, Prison Facts, March 2013; Washington & National Rate of Imprisonment Rate of imprisonment for Washington is 269 per 100,000 citizens Rate of imprisonment for Oregon is 361 per 100,000 citizens Rate of imprisonment for California is 439 per 100,000 National rate of imprisonment is 497 per 100,000 citizens Mass Incarceration U.S has the world s highest incarceration rate 2.3 million U.S. prisoners U.S. houses 25% of the world s prisoners National Prison Industrial Complex U.S. spends $24,000 per inmate per year U.S. spends $5.1 billion in new prison construction U.S. spends $60.3 billion in operating costs Washington Prison Population by Race Compared to the State Population White: 72% of the prison population, 82% of the state population African American: 18% of the prison population, 4% of the state population Latino/a: 12% of the prison population, 12% of the state population Asian: 4% of the prison population, 7.5% of the state population Native American: 4% of the prison population, 2% of the state population Source: Washington State Department of Corrections; Washington State Office of Financial Management; Racial Disproportionality within the State Prison System African American men are 6 times more likely to be in prison than White men African Americans and Hispanics combined account for over 1/3 of our prison population, more than twice their representation in the general population Source: Washington State Department of Corrections; Washington State Office of Financial Management; Most Americans incarcerated are men, young, uneducated, poor, and a racial or ethnic minority. National Incarceration Trends

3 Page million Americans, or.72% of the population, are in prison or jail compared to 1970, when only 326,000 Americans, or.16% of the population incarcerated in 87 White men are currently incarcerated 1 in 36 Latino men are currently incarcerated 1 in 12 African American men are currently incarcerated in 57 (2%)White children currently has an incarcerated parent 1 in 28 (3.5%) Latino children currently has an incarcerated parent 1 in 9 (11%) African American children currently has an incarcerated parent Source: Collateral Costs: Incarceration s Effect on Economic Mobility; The Pew Charitable Trusts Economic Mobility Project, Western and Pettit (2010). Collateral Impact of Mass Incarceration 2.7 million children have an incarcerated parent In Washington State, 30,000 children have an incarcerated parent Paternal incarceration increases the likelihood of expulsion or suspension from school 23% of children with an incarcerated father have been suspended or expelled from school Source: Reclaiming Students, Washington Appleseed and TeamChild, November Adverse Childhood Experiences (ACES) is linked to drug abuse and mental health issues. Traumatic experiences include having an incarcerated parent. Source: Collateral Costs: Incarceration s Effect on Economic Mobility; The Pew Charitable Trusts Economic Mobility Project, Western and Pettit (2010); The Childhood Adverse Experiences Study at Protective Power of Education 75% of state inmates are high school dropouts High school dropouts are 5 times more likely to go to prison in their lifetime than high school graduates. African American men born in the late 1960s who dropped out of high school have a 59% chance of imprisonment in their lifetime White men born in the late 1960s who dropped out of high school have an 11% chance of imprisonment in their lifetime African American men with some college experience have a 5% chance of imprisonment in their lifetime White men with some college experience have a.7% chance of imprisonment in their lifetime Source: Racial Critiques of Mass Incarceration: Beyond the New Jim Crow, James Forman,

4 Page 4 Washington Drug Enforcement Policies and Reform 1990, 18% of inmates incarcerated for drug crimes 1993, 26% of inmates incarcerated for drug crimes 1994, Drug Court created 2002, ESB 5990 expands earned release for nonviolent offenders 2014, 8% of inmates incarcerated for drug crimes School Discipline Policies Higher disciplinary exclusions are related to higher school dropout rates. School districts with more than 100 exclusion incidents per 1000 students had a graduation rate 24% lower than school districts with few discipline incidents Only 7% of school districts surveyed provided educational services to excluded students. Districts that provided educational services to excluded students had a 10% higher graduation rate, on average, than districts that did not provide educational services African American, Alaskan Native, and Pacific Islander students are twice as likely to be disciplined in comparison to White students Excluded White students were nearly twice as likely to receive educational services during exclusionary period as students of color Mental Health 1955, there were 340 public psychiatric beds per 100,000 residents 1963, Community Mental Health Centers Act signed by President Kennedy 2014, 14 public psychiatric beds per 100,000 residents -95% of inpatient capacity 10 persons with mental health concern are in state prisons Washington ranks 47 th in number of psychiatric beds per state 10.5 beds per 100,000 residents National Drug Enforcement Polices Drug enforcement in the United States is the most obvious contributor to racial disproportionality in the criminal justice system. Half of all drug offenders sentenced to prison are African American, yet African Americans represent only 1 in 6 drug users In 1986, a federal law punished distribution of 5 grams of crack with a 5 year mandatory sentence. It took distribution of 500 grams of powder to incur the same sentence

5 Page 5 o 80% of federal court defendants who were sentenced under this law were African Americans In 2010, the 100 to 1 disparity was reduced to 18 to 1 (sentence for possession of 28 grams of crack=sentence to 500 gram of powder) Source: Kleiman, Drugs and Drug Policy Source: Racial Critiques of Mass Incarceration: Beyond the New Jim Crow, James Forman, KCPAO Policy Priorities: KCPAO Criminal Justice Reform Efforts Keep Kids in School Divert Youth away from the Court System Consistent Analysis of Drug Enforcement Policies Sentencing Reform (3 Strikes Reform) Reentry (Investing for No Return Reduction in Recidivism) Collateral Consequences (Eliminate barriers to successful transition back into community) KCPAO s Truancy Dropout Prevention Program 1369 Petitions filed 111 contempt hearings 8% went to court KCPAO s 180 Diversion Program Since 2011, 350 youth annually are diverted out of the court system A majority were youth of color Preliminary findings from an evaluation done by the University of Washington conclude that the program is effective and reinforces smart decision-making Reentry Collateral Consequences 8,000 men and women are released from Washington prisons each year At least 1/3 of those released will be convicted of a new felony and return to prison within 3 years Nationally o 75% rearrested for a new crime within 5 years o 66% rearrested for a new crime within 3 years o 56% rearrested within the first year of release

6 Page 6 o 36% rearrested within the first 6 months of release o 50% return to prison within the first 3 years of release In Washington, 28% return to the Department of Corrections within 3 years Source: Investing for No Return, Prosecuting Attorney s Office, December 2012.

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