Division of Criminal Justice Services Office of Justice Research and Performance 2009 Drug Law Reform Preliminary Update on Early Implementation February 2010 1
Over the Past 20 Years, NYS Crime Rate Has Declined At Almost Twice the Rate of the Rest of the Country 6,900 6,400 5,900 5,400 4,900 4,400 3,900 3,400 Rest of US -34% New York -62% 2,900 2,400 1,900 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 Source: FBI, Crime in the United States annual publications Rate: Per 100,000 Population 2
NYC Crime Declined 72% and Crime in the Rest of the State Declined 36% Since 1989 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 713,322 412,821 Index Crimes (1989-2008) 265,009 198,419 Rest of State Source: DCJS Uniform Crime\Incident Based Reporting system NYC 3
Crime Continued to Decline in New York State in 2009 Crimes reported to police continued to drop between 2008 and 2009. New York City Police Department reported a reduction of 5% in major crime categories; reported murders are down (-10%) Departments Outside New York City reported Index crime was down (-2%); Violent Index crime was down (-2%) as was property crime (-2%) 4
Statewide Felony Drug Trends 70,000 60,000 Felony Drug Arrests, Indictments and Commitments to Prison 1973-2008 62,293 50,000 40,209 40,000 36,524 30,000 20,000 10,000 0 14,679 6,461 834 11,225 14,029 5,190 Arrests Indictments Commitments Source: DCJS Felony Processing File, Criminal History File, DOCS Admission file and Crime and Justice Report Note: Indictments only available since 1974. 5
Steep Increases from 1970 s to 1989 in Felony Drug Activity; Declines Since Then Felony Drug Arrests increased from 14,679 in 1973 to 62,293 in 1989 Indictments increased from 6,461 in 1974 to 36,524 in 1989 Drug commitments to State prison increased from 834 in 1973 to 11,225 in 1992 Contributed to major increase in DOCS population, from 13,437 in 1973 to 71,472 in 1999 6
1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Drug Offenders In Prison Peaked in 1996, Prison Population Peaked in 1999 80,000 Drug Offenders and Total Offenders Under Custody in NYSDOCS 1973-2009 70,000 60,000 50,000 40,000 30,000 20,000 10,000 0 Drug Offenders Under Custody Non-Drug Source: DOCS 7
Drug Offenders in DOCS Declined 56% Since Peak in 1996; Down 1,617 in Past Year Drug Offenders Under Custody (Year End) 25,000 23,511 22,266 20,000 18,363 15,000 10,000 14,249 13,383 11,936 10,319 5,000 0 1996 1999 2002 2005 2007 2008 2009 Source: DOCS 8
Felony Drug Arrests Declined 47% in NYC and 19% outside NYC Since 1989 55,000 50,000 45,000 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 8,938 2,939 48,984 13,352 Felony Drug Arrests 1980-2009 25,953 10,754 1980 1983 1986 1989 1992 1995 1998 2001 2004 2007 2009 Source: DCJS Criminal History File NEW YORK CITY NON-NEW YORK CITY 9
Arrest, Indictment and Commitment By Region After dramatic growth in the late 1980 s and early 1990 s, major decreases in arrests, indictments and commitments were driven by changes in New York City Until 2008, arrests, indictments and commitments outside of New York City had not changed much since 1990 10
Felony Drug Indictments Declined 73% in NYC and 25% in Non-NYC Since Peaking in 1989 Drug Indictments 1980-2008 35,000 30,000 28,631 25,000 20,000 15,000 10,000 5,000 0 7,945 7,768 2,634 1,507 5,972 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 NEW YORK CITY NON-NEW YORK CITY Source: DCJS ISS and Felony Processing files 11
Drug Commitments Declined 73% in NYC and 25% outside NYC since 1992 Drug Commitments 1992-2009 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 0 8,569 2,339 2,656 1,980 1992 1994 1996 1998 2000 2002 2004 2006 2008 2009 NEW YORK CITY NON-NEW YORK CITY Source: DOCS Admission file 12
2009 Drug Law Changes Effective April 2009 Sentencing Changes Eliminated mandatory minimum for 1 st B Drug (can now go to jail or probation) Reduced minimum prison sentence for 2 nd B s from 3½ years to 2 years Eliminated mandatory minimum for 2 nd C, D, and E Drug (jail or probation now an option) Expanded eligibility for Shock participation and sentences to Willard Drug Treatment Campus 13
2009 Drug Law Changes Implementation Dates Staggered June 2009 Conditional sealing provisions took effect October 2009 Judicial diversion statute became effective Resentencing authorized for indeterminately sentenced drug offenders in DOCS custody November 2009 New Crimes in effect: B Felony Sale to a Child A-I Operating as a Major Trafficker 14
Resentencing Update As of 2-19-10 Eligibility estimates: 1,100 possible, 700 likely eligible 203 individuals resentenced & 127 released as of 2-19-10 No centralized data collected on approvals vs. denials Most of those who were resentenced and are still in prison have time left to serve on new sentence So far: 74% released to post release supervision; for others, time already served in DOCS covered the newly-imposed sentence and the post release supervision period Major effort by DOCS and Parole to expedite release and arrange services has been successful Cases still being resentenced at a steady pace 15
B Felony Drug Offenders Resentenced as of February 19, 2010 (203 To Date) County Number County Number County Number Albany 11 Monroe 5 Rensselaer 3 Allegany 1 Montgomery 1 Richmond 1 Bronx 52 Nassau 4 Rockland 6 Broome 3 New York 35 Saratoga 1 Clinton 2 Oneida 1 Suffolk 3 Columbia 2 Onondaga 18 Tompkins 2 Erie 1 Ontario 3 Ulster 1 Fulton 4 Orange 10 Warren 4 Greene 1 Oswego 1 Westchester 1 Kings 17 Queens 8 Wyoming 1 Source: DOCS 16
Judicial Diversion Defining Drug Law Reform (DLR) Cases Counting rules developed to allow comparisons of similar cases before and after October 2009 Counts includes cases involving felony class B-E drug offenses and property offenses specified in the CPL Article 216 Cases must remain in felony court to be counted Includes cases identified as 216 diversion type by the courts as well as drug court cases that involve charges included in CPL Article 216 17
DLR Drug Court Admissions More Than Doubled since 2008 600 Quarterly DLR Court Admissions January 2008-December 2009 500 400 300 200 100 0 Source: Office of Court Administration 18
DLR Drug Court Admissions NYC Rest of State 350 350 300 300 250 250 200 200 150 150 100 100 50 50 0 Apr-Jun09 Jul-Sep09 Oct-Dec09 0 Apr-Jun09 Jul-Sep09 Oct-Dec09 Source: Office of Court Administration 19
Judicial Diversion What Will Take More Time Very early! Diversion program just getting underway, and files are still incomplete Still reconciling data from several data sources, including newly created datasets; still addressing missing and conflicting data More time & analysis needed to determine treatment impact and admissions to residential vs. outpatient Assessment data, and who accepts or rejects diversion offer not yet analyzed Still confirming number of cases enrolled over DA objection 20
NYC CJ Admissions to Residential Treatment 450 400 350 300 250 200 150 100 50 0 NYC CJ Admissions to Residential Treatment Jan 2008 - Dec 2009 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 374 334 397 380 309 415 391 369 371 387 347 409 2008 417 369 369 391 375 354 390 372 390 389 331 334 Source: OASAS 21
Criminal Justice Admissions to OASAS Programs Statewide, there are more than 60,000 Criminal Justice Admissions annually About 40% of treatment admissions are criminal justice-related Most criminal justice admissions are unrelated to Reform, but it is expected that admissions will increase as a result of Reform DCJS, Parole, DPCA, OCA and OASAS are working to link information while protecting client confidentiality 22
NYC CJ Admissions to Outpatient Treatment 2,000 NYC CJ Admissions to Outpatient Treatment Jan 2008 - Dec 2009 1,500 1,000 500 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 1,288 1,241 1,473 1,490 1,348 1,497 1,545 1,497 1,358 1,340 1,175 1,282 2008 1,500 1,359 1,522 1,596 1,450 1,547 1,515 1,444 1,495 1,578 1,170 1,354 Source: OASAS 23
Rest of State CJ Admissions to Residential Treatment 250 Rest of State CJ Admissions to Residential Treatment January 2008 December 2009 200 150 100 50 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 148 136 168 171 181 207 164 147 182 175 166 167 2008 165 157 171 181 178 190 208 174 167 162 140 161 Source: OASAS 24
Monitoring Criminal Justice Treatment Participation DCJS and OASAS are monitoring overall Criminal Justice admissions to treatment October-December 2009 is very early implementation of new judicial diversion but monitoring procedures are in place New tracking mechanisms will provide greater understanding of treatment participation among criminal justice clients 25
Rest of State CJ Admissions to Outpatient Treatment 4,000 Rest of State CJ Admissions to Outpatient Treatment January 2008 December 2009 3,000 2,000 1,000 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 2,811 2,857 3,159 3,158 2,827 3,184 3,109 2,782 3,036 2,970 2,617 2,905 2008 3,198 2,731 2,969 3,021 2,660 2,896 3,043 2,693 2,993 3,161 2,435 2,671 Source: OASAS 26
NYC Felony Drug Arrests Down (-10%) in 2009; 2 nd Year of Decline NYC Felony Drug Arrests Jan 2008 - Dec 2009 3,000 2,500 2,000 1,500 1,000 500 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 2,512 2,297 2,459 2,274 2,294 2,063 2,172 2,178 1,938 2,192 1,961 1,613 2008 2,808 2,631 2,725 2,481 2,491 2,339 2,139 2,212 2,283 2,841 2,163 1,651 Source: DCJS Criminal History file 27
Recent Felony Drug Trends In New York City Monthly data shows trends underway when statutory change was enacted in 2009 Arrests down (-10%) in 2009, the second year of decline Indictments dropped (-2%) despite larger decline in arrests; indictment activity very stable month-to-month in 2009 NYC commitments declined (-6%) with decline noted from May onward 28
NYC Felony Drug Indictments Down (-2%) in 2009 NYC Felony Drug Indictments Jan 2008 - Dec 2009 800 600 400 200 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 600 562 651 629 631 638 646 638 653 643 628 544 2008 725 593 653 781 683 625 687 481 553 699 517 609 Source: DCJS Felony Processing file 29
NYC Drug Commitments Down (-6%) 300 NYC Drug Commitments to Prison Jan 2008 - Dec 2009 250 200 150 100 50 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 216 241 242 236 168 209 201 168 137 191 138 192 2008 200 221 244 198 230 199 228 186 201 215 158 204 Source: DOCS Admission file 30
Non-NYC Felony Drug Arrests Down (-6%) in 2009 Non-NYC Felony Drug Arrests Jan 2008 - Dec 2009 1,200 800 400 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 845 831 1,038 921 892 934 896 854 924 1,047 884 688 2008 1,011 970 1,114 1,041 1,105 1,124 909 863 921 950 738 699 Source: DCJS Criminal History file 31
Recent Felony Drug Trends In Rest of State Non-NYC Felony drug arrests declined (-6%) for the 2 nd year in a row. Decline in indictments (-16%) much greater than decline in arrests Decline in commitments (-27%) even greater Important Note: Many 2009 commitments arrested indicted prior to 2009 - shown with arrests and indictments to illustrate overall trends 32
Non-NYC Felony Drug Indictments Down (-16%) in 2009 800 Non-NYC Felony Drug Indictments Jan 2008 - Dec 2009 600 400 200 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 437 403 555 533 420 592 493 345 450 477 418 350 2008 604 566 596 572 587 628 576 433 501 543 440 449 Source: DCJS Felony Processing file 33
Non-NYC Drug Commitments Down (-27%) Non-NYC Drug Commitments to Prison Jan 2008 - Dec 2009 300 250 200 150 100 50 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 181 194 201 162 168 188 156 159 141 167 132 131 2008 274 183 254 220 239 255 211 215 205 223 169 258 Source: DOCS Admission file 34
NYC Sentences for 1 st B, C, D, and E Felony Drug Convictions (Excludes Diversions) 2008 (2,599) Jul-Sep 2009 (497) Split, 9.2% Split, 7.6% Jail, 25.1% Probation, 35.1% Jail, 30.8% Probation, 32.8% Willard,.0% Prison, 28.3% Source: DCJS Felony Processing File Other Felony Sent, 2.4% Willard,.2% Prison, 26.6% Other Felony Sent, 2.0% 35
Elimination of Mandatory Minimums for 1 st B Convictions Mean Fewer to Prison Does not include persons entering diversion or completing diversion only those convicted of a 1 st felony B, C, D or E drug offense The quarter shown pre-dates the implementation of judicial diversion only shows changes in sentencing for those convicted of a felony drug offense 1 st B s are shown along with 1 st C, D and E convictions to show net impact after any shifts in plea practices 36
Rest of State Sentences for 1 st B, C, D, and E Felony Drug Convictions (Excludes Diversions) 2008 (3,082) Split, 24.2% Split, 25.4% Jul Sep 2009 (628) Jail, 14.2% Willard,.1% Prison, 34.1% Other Felony Sent, 2.1% Probation, 25.1% Jail, 14.2% Willard, 1.4% Prison, 25.9% Probation, 30.0% Other Felony Sent, 3.2% Source: DCJS Felony Processing File 37
Sentences are Changing for 1 st B, C, D, and E Felony Drug Convictions In NYC, the proportion of first felony drug offenders who received prison only dropped slightly from 28.3% to 26.6%; NYC also shifted to more jail sentences, slightly fewer to probation for 1 st felony offenses Outside NYC proportion sentenced to prison down more dramatically from 34.1% to 25.9% The proportion sentenced to probation, split sentences and jail increased outside NYC 38
NYC Sentences for 2 nd B, C, D, and E Felony Drug Convictions (Excludes Diversions) 2008 (2,450) Jul-Sep in 2009 (612) Willard, 1.2% Jail, 8.4% Willard,.3% Jail, 21.2% Prison, 80.9% Split, 2.5% Probation, 6.4% Other Felony Sent,.6% Prison, 67.5% Split, 1.8% Probation, 7.8% Other Felony Sent, 1.3% Source: DCJS Felony Processing File 39
Elimination of Mandatory Minimums for 2 nd C, D, E Convictions Decrease in the proportion sentenced to prison for all 2 nd Felony drug convictions is significant, both within and outside NYC NYC proportion sentenced to prison down from 80.9% to 67.5% Rest of State declined from 82.4% to 70.0% Unrelated to diversion solely related to sentencing changes for those convicted of drug felonies and not diverted 40
Rest of State Sentences for 2 nd B, C, D, and E Felony Drug Convictions (Excludes Diversions) 2008 (2,093) Jul-Sep 2009 (463) Willard, 7.9% Willard, 10.2% Prison, 82.4% Jail, 3.2% Split, 3.0% Probation, 3.1% Other Felony Sent,.3% Prison, 70.0% Jail, 9.5% Split, 5.8% Probation, 3.9% Other Felony Sent,.6% Source: DCJS Felony Processing File 41
4,319 Drug Commitments in 2009 Declined by 871 from 2008 Drug Commitments to Prison: Quarterly Comparison 2008 2009 NYC Non-NYC 800 700 600 500 400 300 200 100 0 665 699 627 613 615 577 506 521 Jan - Mar Apr - Jun Jul - Sep Oct - Dec 800 700 600 500 400 300 200 100 0 711 714 631 650 576 518 456 430 Jan - Mar Apr - Jun Jul - Sep Oct - Dec 2008 2009 2008 2009 Source: DOCS Admission file 42
Profile of DOCS Commitments In 2008, there were 3,335 sentences to prison for 1 st B s, and 2 nd C, D, and E drug offenses, offenses which no longer require prison; these offenses made up 64% of the 2008 drug commitments In 2009, there were 2,529 commitments for same offenses decrease of 24% 1 st B s, and 2 nd C, D, and E offenses made up 58% of the 4,319 commitments in 2009 Sentencing changes were effective for less than 9 months of 2009 43
Changes in Drug Commitments to Prison 2008 vs. 2009 Felony Class Commitment Year 2008 vs. 2009 2008 2009 % Change A 1st and 2nd 276 298 8% B 1 st 1,198 930-22% B 2 nd 743 870 17% C 2 nd 1,012 728-28% D 2 nd 945 709-25% E 2 nd 180 162-10% C 1 st 421 300-29% D 1 st 378 278-26% E 1 st 37 44 19% Total 5,190 4,319-17% Source: DOCS Admission file and DCJS Criminal History file 44
Majority of Felony Drug Arrests and Indictments Class B s; Will Be Analyzing Plea Practices Felony Offense Class of Drug Arrests and Indictments, 2008 Felony Offense Class Arrests Indictments # % # % Class A-I 1,019 2.5% 423 3.0% Class A-II 1,023 2.5% 319 2.3% Class B 28,395 70.6% 9,346 66.6% Class C 2,691 6.7% 1,436 10.2% Class D 5,851 14.6% 2,094 14.9% Class E 1,230 3.1% 411 2.9% Total 40,209 100.0% 14,029 100.0% Source: DCJS Felony Processing File and Criminal History file 45
B 1 st Sentences Increased An Average of 6 Months Median Sentence in Months B-E First Felony NYC Rest of State Class B Class C 18 18 18 24 Class B Class C 24 24 24 30 Class D 18 18 Class D 18 18 Class E 12 18 Class E 12 12 0 6 12 18 24 30 36 Jan-Dec 2008 Apr-Dec 2009 0 6 12 18 24 30 36 Jan-Dec 2008 Apr-Dec 2009 Source: DOCS Admission file 46
Early Changes For First Felony Drug Commitments 1 st B determinate sentence range is 1 to 9 years In both regions, sentences for 1 st B commitments increased by 6 months Since prison is no longer required for 1 st B s, those committed after sentencing change are more likely than before to get a longer sentence When prison was mandatory for 1 st B s, there were a larger number of commitments that received the 1 year minimum sentence 47
Average Sentences Decreased for B 2nd s in NYC, Unchanged Rest of State Median Sentence in Months B-E Second Felony NYC Rest of State Class B 36 42 Class B 48 48 Class C 30 30 Class C 36 36 Class D 18 24 Class D 24 30 Class E 24 24 Class E 18 24 0 20 40 60 Jan-Dec 2008 Apr-Dec 2009 0 20 40 60 Jan-Dec 2008 Apr-Dec 2009 Source: DOCS Admission file 48
Early Changes For Second Felony Drug Commitments The mandatory minimum sentence for 2 nd B s was reduced from 3 ½ to 2 years The median sentence decreased in NYC from 42 to 36 months; no change seen yet outside NYC 500 fewer 2 nd C s and D s were committed; median sentence length increased for 2 nd D s With prison no longer required for these convictions, those committed after sentencing change more likely than before to get a longer sentence 49
NYC Felony Drug Sentences to Probation Down, But Higher Proportion of B s NYC Felony Drug Sentences to Probation Jan 2008 - Dec 2009 (B,C,D & E Convictions) 150 100 50 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec # C, D, E 2009 111 83 100 94 76 63 39 41 57 53 50 36 # B 2009 14 11 6 18 17 42 52 35 40 34 29 25 2008 131 93 128 120 138 114 118 82 138 111 80 138 Source: DCJS Felony Processing file 50
Changes in Probation Sentences The proportion of cases sentenced to probation is up for both 1 st and 2 nd felony drug convictions More 1 st B and 2 nd C, D, E drug offenders now receiving a probation sentence Outside New York City, fewer indictments have meant fewer dispositions so although the proportion of convictions resulting in a probation sentence is up, the number is down 51
Non-NYC Drug Sentences to Probation Down, with B Sentences Increasing Non-NYC Felony Drug Sentences to Probation Jan 2008 - Dec 2009 (B,C,D & E Convictions) 200 150 100 50 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec # C, D, E Sentenced 157 127 138 121 131 111 103 113 110 114 93 93 # B Sentenced 2 2 5 10 9 14 17 26 43 26 21 34 2008 175 144 135 171 151 151 154 111 200 140 95 105 Source: DCJS Felony Processing file 52
Statewide Direct Judicial Sentences to Willard Are Up (+30%) 75 Statewide Willard Admissions Jan 2008 - Dec 2009 50 25 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec NYC Non-NYC 2008 Source: DOCS Willard Admissions 53
Expanded Eligibility for DOCS Shock Incarceration Program As of January 2010: 105 Retroactive cases graduated from Shock (including 20 who were 40+ years old) 12 additional 40+ individuals entered Shock and graduated 87 Aging-In cases are currently participating in the program (including 17 over 40 years old) 29 40+ individuals currently in the program arrived directly the Reception Centers 945 currently participating in Shock (lowest since April 2009); number of Shock eligible offenders entering DOCS continues to decline Five Court Ordered inmates who did not meet the physical or psychological requirements of the program are participating in alternative programs 54
Parole Merit Termination Effective April 7, 2009, the Division of Parole can authorize to discharge certain nonviolent drug offenders from supervision prior to their maximum expiration date As of December 31, 2009, 1,146 nonviolent parolees who were under supervision for drug offenses were discharged 55
Conditional Sealing Effective June 7, 2009, upon successful completion of a judicial diversion program, the court may conditionally seal the instant offense and up to three prior misdemeanors If the defendant is re-arrested, the records are unsealed Seven conditional seals have been processed by OCA and DCJS as of February 12, 2010 Rensselaer (3), Schenectady (1), Suffolk (1), Steuben (1), Kings (1) 56
Working with NYC Offices to Incorporate DTAP Data NYC DTAP DA DIVERSION PROGRAM ADMISSIONS (1999-2009)* County 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Jan-Sep 2009 Bronx 306 344 334 297 270 244 321 264 257 232 249 Kings 161 179 238 206 273 155 157 235 139 109 127 New York (in fiscal years) na na na 47 na 34 44 32 48 8 na Special Narcotics Prosecutor 141 145 109 129 146 190 195 143 96 119 96** Queens 26 31 42 43 73 59 37 48 34 31 26 Richmond 8 26 48 33 21 25 23 27 19 10 9 New York City Total 642 725 771 755 783 707 777 749 593 509 507 *The programs included in this chart differ substantially in selection criterion, treatment modalities utilized, enforcement methods and completion requirements. ** SNP includes January December 2009 Note: All data is preliminary and under review 57
Research and Evaluation Plan DCJS coordinating with OCA, OASAS, DOCS, Parole, DPCA to monitor all aspects of reform Excellent cooperation among agencies Agreements in place with OCA and OASAS Sharing among other CJ agencies will continue Will link criminal justice, treatment and diversion data for the first time Will greatly improve what we know about diversion and treatment outcomes 58
Next Steps More Analysis Needed Cohort analyses will provide more complete information; need more complete files to analyze changes in plea practices Treatment activity is critical, but too early to analyze Baseline reports on DCJS website DCJS coordinating development of formal evaluation plan (more long term) Seeking input into formal evaluation from all stakeholder groups Preliminary data updates (like this one) will be shared through 2010 59
Baseline Reports on DCJS Website at www.criminaljustice.state.ny.us Division of Criminal Justice Services Office of Justice Research and Performance 518-457-7301 Terry Salo, Deputy Commissioner Terry.Salo@dcjs.state.ny.us Leslie Kellam, Research Coordinator Leslie.Kellam@dcjs.state.ny.us 60