Monday, May 25, 2020

Is the number of federal prisoners about to spike up as BOP moves nearly 7000 new inmates into federal facilities?

The question in the title of this post is my reaction to this new BOP press release titled "Bureau of Prisons Announces Update on Inmate Movement." The press release is dated May 22, and it starts this way:

The Bureau of Prisons (Bureau) and the United States Marshals Service (USMS) announced today that they will begin movement of approximately 6,800 new inmates who have been committed to the Bureau in recent months.

The Bureau, in coordination with the USMS, has decreased internal movement of inmates by 90% as compared to this time last year.  While inmate movement was significantly curtailed for several months, newly sentenced and newly admitted inmates have been held in local detention facilities across the country.  As the federal judiciary has continued to process new criminal cases and begins to phase-in expanded operations, the Bureau must, on a limited basis, move these inmates to alleviate population pressures in these local detention centers and allow inmates to begin serving their sentences.

This AP article provides addition background, including these details and context:

The inmates will be sent to one of three designated quarantine sites — FCC Yazoo City in Mississippi, FCC Victorville in California and FTC Oklahoma City — or to a Bureau of Prisons detention center.  All the inmates who are being moved will be tested for COVID-19 when they arrive at the Bureau of Prisons facility and would be tested again before they are moved to the prison where they would serve their sentence.

The prisoners have already been sentenced to federal crimes but were unable to be moved from local facilities as the coronavirus pandemic struck over concerns the virus would spread rampantly.... The federal prison system is continuing coronavirus-related restrictions, including a ban on visitors and minimal inmate transfers, at least through the end of June.

Regular readers know I have been tracking and wondering about the historic declines in the federal prison population in the last few months that the BOP has been reporting through its usual BOP weekly "Total Federal Inmates" population counts.  Specifically, as noted here, on April 9, the BOP reported population has already gone down to 173,686 inmates; six weeks later, as noted here, the BOP reported population was down to 166,647.  Notably, that reported difference in the BOP population represent almost exactly a 7000 inmate decline, which seemingly matches up pretty closely with the 6,800 new inmates being held in local detention facilities that are now to be moved into federal facilities.  In other words, it seems possible that what I thought might be an historic COVID decline is really largely just an artifice of 6,800 federal prisoners not being officially counted while being held in local detention facilities. 

Because I find BOP accounting opaque in many ways, I am not sure whether we should now expect to see a huge spike in the official BOP inmate count this week, nor am I sure there is any single predictable accounting metric for just how and why BOP inmate counts will fluctuate either in normal times or in these crazy COVID times.  But these stories provide further confirmation that the massive federal prison system has an extraordinary inflow and outflow of humans in all times.  It is dangerously easy to look at the federal prison population as relatively stable in some periods without realize that many, many thousands of persons move in and out of this system of human caging every year.

May 25, 2020 in Data on sentencing, Scope of Imprisonment | Permalink | Comments (1)

Wednesday, May 20, 2020

TRAC data report provides snapshot into impact of COVID-19 on referrals for federal criminal prosecution

The Transactional Records Access Clearinghouse (TRAC) has this great new online report under the title "How Is Covid-19 Impacting Federal Criminal Enforcement?". The figures in the report are worth checking out by clicking through, but this introductory text highlights the main story:

Law enforcement agencies across the country have been referring fewer criminal cases to federal prosecutors since the coronavirus pandemic began.  While weekly referrals for federal prosecution during February and the first half of March averaged around 4,500 per week, referrals fell to only 1,800 during the last week of March.  The Trump administration issued new guidance on Sunday evening, March 15, allowing some federal employees to work from home.  Previously, only those at high risk of health problems could telework.

Figure 1 plots the number of referrals recorded as received by these federal prosecutors day-by-day during the first six months of FY 2020 (October 2019 - March 2020). Starting in mid-March the numbers decline sharply. (As the plot shows, normally few referrals are recorded during Saturday or Sunday producing a predicable weekly cycle in the plot. A decline during the holidays over Christmas is also evident.)

Each weekday, U.S. Attorney offices from around the country typically receive hundreds of referrals.  Most of these came from federal investigative agencies.  Some originate from local and state law enforcement.  Each referral is typically assigned to an assistant U.S. attorney who determines whether or not to charge the suspect with committing one or more federal crimes.

I am inclined to guess that this 60% decline in federal prosecutions persisted through April, and that into May there might have started to be a rebound. Whatever the particulars, these TRAC data provide one accounting of how the cornoavirus and lockdowns have dramatically impacts the usual flow of cases into the federal criminal justice system.  Lockdown realities have surely disrupted this flow at other junctures (e.g., indictments, trials/pleas, sentencings), and I suspect it will be many months (maybe even years) before we can take full stock of COVID shock.

May 20, 2020 in Data on sentencing, Procedure and Proof at Sentencing, Who Sentences | Permalink | Comments (0)

Tuesday, May 19, 2020

"U.S. Prison Decline: Insufficient to Undo Mass Incarceration"

The title of this post is the title of this notable new short report from The Sentencing Project authored by Nazgol Ghandnoosh. The charts and graphs alone make this piece a must-read, and here is some of its text:

By yearend 2018, the U.S. prison population reached 1.4 million people, declining by 9% since reaching its peak level in 2009.  This follows a nearly 700% growth in the prison population between 1972 and 2009.  This research brief reveals significant variation across states in decarceration and highlights the overall modest pace of reforms relative to the massive imprisonment buildup.

This analysis is based on the most recent data from the Bureau of Justice Statistics on people serving sentences greater than one year.  Since the coronavirus pandemic in 2020, a number of states and the federal system have made additional, albeit modest, reductions in their prison populations. This analysis underscores the need to address excessively high levels of imprisonment amidst a public health crisis.

All but six states have reduced their prison populations since reaching their peak levels.  For twenty-five states, the reduction in imprisonment levels was less than 10%.  The federal prison population was downsized by 17% relative to its peak level in 2011.  Seven states lead the nation, having decarcerated by over 30% since reaching their peak imprisonment levels: New Jersey, Alaska, Connecticut, New York, Alabama, Rhode Island, and Vermont.  These prison population reductions are the result of a mix of changes in policy and practice designed to reduce prison admissions and lengths of stay.  But six states had their highest ever prison populations in 2018: Wyoming, Nebraska, Iowa, Wisconsin, Kansas, and Oregon.

Although 44 states and the federal system have reduced their prison populations since reaching peak levels, the pace of reform has been slow to reverse nearly four decades of aggressive annual imprisonment growth.  At the pace of decarceration since 2009, averaging 1% annually, it will take 65 years — until 2085 — to cut the U.S. prison population in half.  Clearly, waiting over six decades to substantively alter a system that is out of step with the world and is racially biased is unacceptable.

A few recent related posts:

May 19, 2020 in Data on sentencing, Detailed sentencing data, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (1)

Thursday, May 14, 2020

"People in Prison in 2019" ... as well as a partial 2020 update

The title of this post is the title of this great new Vera institute of Justice publication that provides the latest nationwide prison population headcounts.  Here his how the first part of the report gets started:

Effective advocacy and policy making require up-to-date information.  Vera Institute of Justice (Vera) researchers collected data on the number of people who were incarcerated in state and federal prisons as of December 31, 2019, to provide timely information on how prison incarceration is changing in the United States.  This report fills a gap until the Bureau of Justice Statistics (BJS) releases its next annual report — likely in early 2021 — which will include additional data, such as population breakdowns by race and sex.  In response to the novel coronavirus pandemic, Vera collected updated data on people in prison at the end of the first quarter of 2020 to reflect any changes that had occurred as a result of the outbreak.

At the end of 2019, there were an estimated 1,435,500 people in state and federal prisons, down 33,000 from year-end 2018 (2.2 percent decline).  There were 1,260,400 people under state prison jurisdiction, 28,200 fewer than in 2018 (2.2 percent decline); and 175,100 in the federal prison system, 4,800 fewer than in 2018 (2.7 percent decline).

The prison incarceration rate in the United States was 437 people in prison per 100,000 residents, a 2.6 percent drop from 449 per 100,000 in the previous year.  This represents a 17.5 percent decline in the rate of prison incarceration since its peak in 2007.

A decrease in the number of people in federal prisons, along with at least 5 percent declines in incarceration rates in eight states, account for the overall decline in the national prison incarceration rate.  Of those eight states, only three — Missouri, New York, and Oklahoma—have relatively large prison populations.  Prison incarceration continued to rise in some states, such as Nebraska, Idaho, and West Virginia....

Population data collected for March/April 2020 from 44 states and the federal Bureau of Prisons in response to the COVID-19 pandemic showed negligible declines in numbers (a 1.6 percent decrease) during the first three months of 2020.  During the first months of 2020, U.S. prisons emerged as epicenters of the COVID-19 pandemic.  In light of this crisis, advocates and public health officials made repeated calls for elected officials to use clemency and other immediate measures to reduce state and federal prison populations. Vera requested additional data for the end of March or beginning of April 2020 to account for any prison population changes during the first quarter of the year.  Data from 44 states and the BOP show that none had moved with the urgency required to meet the recommendations of public health officials to reduce incarceration.  Across all jurisdictions that reported data to Vera, prison populations had decreased by only 1.6 percent.

Five states — Idaho, Iowa, South Carolina, West Virginia, and Wyoming — had more people in prison on March 31, 2020, than they did on December 31, 2019.  The remaining states showed only small declines.  While Missouri’s prison population declined 14.2 percent in 2019, it had declined only 1.2 percent during the first quarter of 2020. 

The largest percentage reductions were in Vermont (down 11.6 percent), North Dakota (down 9.8 percent), and Oregon (down 8.3 percent).  The largest reductions in the number of people in prison were from large states: Florida (down 2,100 people), California (down 1,700 people), and New York (down 1,500 people).

May 14, 2020 in Data on sentencing, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (0)

Friday, May 01, 2020

"While jails drastically cut populations, state prisons have released almost no one"

The title of this post is the title of this timely and important new analysis by Emily Widra and Peter Wagner at the Prison Policy Initiative.  I recommend the whole piece (especially to see all the charts and tables), and here are excerpts:

In recent weeks, local governments across the U.S. have drastically reduced their jail populations to slow the spread of the coronavirus.  Many have reduced the number of people in jail by 25% or more, recognizing that the constant churn of people and the impossibility of social distancing in jails make them inevitable hotbeds of viral transmission. But state prisons — where social distancing is just as impossible, and correctional staff still move in and out every day — have been much slower to release incarcerated people....

The strategies jails are using to reduce their populations vary by location, but they add up to big changes.  In some counties, police are issuing citations in lieu of arrests, prosecutors are declining to charge people for “low-level offenses,” courts are reducing the amounts of cash bail, and jail administrators are releasing people detained pretrial or those serving short sentences for “nonviolent offenses.”

Meanwhile, state Departments of Correction have been announcing plans to reduce their prison populations — by halting new admissions from county jails, increasing commutations, and releasing people who are medically fragile, elderly, or nearing the end of their sentences — but our analysis finds that the resulting population changes have been small....

Of the states we analyzed, those with smaller pre-pandemic prison populations appeared to have reduced their populations the most drastically.  The prison population has dropped by 16% in Vermont and almost 8% in Maine and Utah. But the median percentage of people released from jails hovers around 20%, still surpassing Vermont’s state prison reduction of 16%.

States clearly need to do more to reduce the density of state prisons.  For the most part, states are not even taking the simplest and least controversial steps, like refusing admissions for technical violations of probation and parole rules, and to release those that are already in confinement for those same technical violations.  (In 2016, 60,000 people were returned to state prison for behaviors that, for someone not on probation or parole, would not be a crime.)  Similarly, other obvious places to start are releasing people nearing the end of their sentence, those who are in minimum security facilities and on work-release, and those who are medically fragile or older.

May 1, 2020 in Data on sentencing, Impact of the coronavirus on criminal justice, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (2)

Thursday, April 30, 2020

"Resentencing of Juvenile Lifers: The Philadelphia Experience"

The title of this post is the title of this notable new report authored by Tarika Daftary-Kapur and Tina Zottoli.  Here is its executive summary and key findings:

EXECUTIVE SUMMARY

We examined the Philadelphia District Attorney Office’s approach to juvenile lifer resentencing, which began in 2017 under the administration of District Attorney Seth Williams and has continued under the administration of District Attorney Larry Krasner.  For cases resentenced as of December 31st, 2019, we describe similarities and differences between the Williams and Krasner administrations in decision making and sentence length reductions, and we report on the recidivism rate and estimated cost savings for Pennsylvania as a result of release.

In June 2012, the Supreme Court of the United States (SCOTUS) ruled in Miller v. Alabama that mandatory life without-parole (LWOP) sentences were unconstitutional for individuals who were under the age of 18 at the time of their offense (hereafter, juveniles).  In January 2016, SCOTUS, ruled in Montgomery v. Louisiana that Miller applied retroactively.  Following Montgomery, individuals previously sentenced to mandatory LWOP as juveniles (hereafter, juvenile lifers) became eligible for resentencing.  Accordingly, in almost all such cases, the district attorney’s office makes an offer for a new sentence to the defendant, who is free to accept the offer or to have his new sentence decided by the judge.

At the time Miller was decided, Philadelphia had the largest number of juveniles sentenced to LWOP in the country (approximately 325).  Yet, they have been at the forefront of the resentencing process nationally, and at the time of this writing have only 10 juvenile-lifers left to re-sentence; the main reasons for delay being an open Post Conviction Relief Act petition or a pending appeal.

In Philadelphia, re-sentence offers are decided by The Juvenile Lifer Resentencing Committee ("The Lifer Committee"), which comprises 8 members of the executive staff at the District Attorney's Office.  The Lifer Committee’s decisions are based primarily on the consideration of case-summary memos prepared for the Committee by the Assistant District Attorney leading the resentencing process. Memos include information on the facts of the original case, demographic information on the victim and offender, mitigating information, the offenders’ prison adjustment (e.g.misconducts,rehabilitative programming), information on acceptance of responsibility and remorse, the victim’s family’s perspective on release, and reentry plans.

In January 2018, as the resentencing process was underway, Larry Krasner was sworn in as the District Attorney of Philadelphia after having run on a reform platform, ushering in dramatic change to the culture and policies of the District Attorney’s Office.  This change in administrations, during a crucial resentencing project, provided us with a unique opportunity to examine how the priorities and policies of the new administration have affected prosecutorial decision making.  Moreover, in light of the growing recognition that addressing the incarceration epidemic will necessitate re-evaluation of long-term prison sentences for individuals who were convicted of violent offenses, these outcome data have implications far beyond just those that pertain to the resentencing and release of juvenile lifers....

KEY FINDINGS

  • Pennsylvania has resentenced 88% of its juvenile lifers as compared to Michigan (52%) and Louisiana (approx. 15-22%); the three states in combination account for 2/3rd of all juvenile lifers in the United States.

  • Juvenile lifers can be considered low-impact releases in terms of risk posed to public safety.  At the time of our analyses, 269 lifers have been re-sentenced in Philadelphia and 174 have been released.  Six (3.5%) have been re-arrested.  Charges were dropped in four of the cases and two (1%) resulted in new convictions (one for Contempt and the other for Robbery in the Third Degree).  In comparison, nationally, an estimated 30% of individuals convicted of homicide offenses are rearrested within two years of release.

  • A subset of 38 cases were considered for resentencing by both the prior and current administrations.  The average sentence offered in these cases by the prior administration was 38.8 years; under Krasner, the average offer in these cases was 27.6 years.  Across all cases, this difference equates to an additional reduction of 394 years.

  • Overall, release of Philadelphia's juvenile lifers, to date, will result in an estimated minimum $9.5M savings in correctional costs for Pennsylvania over the first decade.

  • For both the Williams and Krasner administrations, Lifer Committee offers were explained by years in custody at time of resentencing, charge severity, whether the defendant was the primary actor, and whether a re-entry plan is in place.  There were some differences. While both administrations considered the maturity of the offender, the Williams administration relied on defendant age at the time of the offense and the level of planning, whereas the Krasner administration relied on a more holistic evaluation of the juvenile nature of the crime (e.g., involvement of an adult co-defendant, presence of peers, context in which the murder was committed).  Prior convictions also weighed more heavily under Krasner than the prior administration.

April 30, 2020 in Assessing Miller and its aftermath, Data on sentencing, Offender Characteristics, Reentry and community supervision, Sentences Reconsidered | Permalink | Comments (1)

Wednesday, April 29, 2020

"Length of Incarceration and Recidivism"

The title of this post is the title of of this notable new report just released today by the US Sentencing Commission.  Here is a basic summary and key findings from this USSC webpage:

Summary

Length of Incarceration and Recidivism is the seventh publication in the Commission’s recent series on recidivism. This study examines the relationship between length of incarceration and recidivism, specifically exploring three potential relationships that may exist: incarceration as having a deterrent effect, a criminogenic effect, or no effect on recidivism. (Published April 29, 2020)

Report Findings
  • The Commission consistently found that incarceration lengths of more than 120 months had a deterrent effect.
    • Each of the research designs estimated that offenders incarcerated for more than 120 months were less likely to recidivate eight years after release. In the two models with the larger sample sizes, offenders incarcerated for more than 120 months were approximately 30 percent less likely to recidivate relative to a comparison group receiving less incarceration. In the third model, offenders incarcerated for more than 120 months were approximately 45 percent less likely to recidivate relative to a comparison group receiving less incarceration.
  • In two models, the deterrent effect extended to incarceration lengths of more than 60 months.
    • Specifically, offenders incarcerated for more than 60 months up to 120 months were approximately 17 percent less likely to recidivate relative to a comparison group sentenced to a shorter period of incarceration.
  • For incarceration lengths of 60 months or less, the Commission did not find any statistically significant criminogenic or deterrent effect.
    • When focusing on the shortest period of incarceration studied (12 to 24 months), the research designs yielded varying results, neither of which were statistically significant nor sufficiently reliable to make evidence-based conclusions.

April 29, 2020 in Data on sentencing, Detailed sentencing data, Federal Sentencing Guidelines, Purposes of Punishment and Sentencing | Permalink | Comments (0)

Tuesday, April 28, 2020

Texas postpones a sixth execution due to coronavirus

As reported in this new AP piece, a "sixth scheduled execution of a Texas death row inmate has been delayed following the coronavirus spread around the state."  Here is more:

Edward Lee Busby’s execution had been set for May 6, but it was stayed for 60 days by the Texas Court of Criminal Appeals on Monday.

Busby, 47, was condemned for the 2004 suffocation of a retired 77-year-old college professor abducted in Fort Worth and whose body was later recovered in Oklahoma.

While the appeals court didn’t mention COVID-19 in its order, Busby’s attorneys had argued the execution should be delayed because they and others, including judges and personnel who carry out the execution, could be put at risk for getting the virus if it proceeded.

Three other executions that had been scheduled this year were also delayed by the appeals court while two others were delayed by local judges.

The next execution scheduled in the Lone Star State is slated for May 13 according to this Death Penalty Information Center listing. Given that Texas is opening a lot of facilities by the end of this week, it will be interest to see if the state tries to get its machinery of death operational by the middle of May.

Some prior related capital COVID posts:

April 28, 2020 in Data on sentencing, Death Penalty Reforms, Who Sentences | Permalink | Comments (0)

Thursday, April 23, 2020

According to BOP reporting, federal prison population now shrinking about 1,000 persons per week

Every Thursday morning, one can see at this webpage an official refreshed count of the total number of federal inmates as calculated weekly by the Federal Bureau of Prisons.  As noted before, that page also has data on the total number of federal inmates for each fiscal year going back to 1980.   For some numerical context, these data show that in FY1995 the federal prison population first hit six digits and stood at 100,958; in FY2007, federal prison population had nearly doubled to 200,020; and in FY2013, the federal prison population hit a modern high of 219,298.

After 2013, a range of political, legal and practical realities helped create a new and steady trend of reduced federal incarceration levels.  Retroactively applied reductions in crack sentences and then in all drug sentences contributed, but the most important factor may have been fewer federal prosecutions: data here from the US Sentencing Commission shows roughly 20,000 fewer offenders being sentenced in the federal system between 2011 (when 86,201 persons were sentenced in federal courts) and 2017 (when "only" 66,873 persons were sentenced).  Yet, starting in 2018, the number of offenders being sentenced in the federal system started to tick back up; in 2019, according to the USSC, there were 76,538 sentenced federal offenders.  New good-time credit flowing from the FIRST STEP Act and other reforms in that Act helped thwart a complete reversal in the downward trends of the total number of persons in federal prison.  I noted in this post back in July 2019 that the federal prison population had dropped under 180,000 prisoners for the first time since back in FY 2003.

Though we are now really only a little more than a month into our COVID world, it is not too early to notice how the virus and reactions thereto is now driving federal prison populations down even more.  Specifically, here are a few recent dates and BOP population counts:

March 19: 175,500 persons reported by BOP as "Total Federal Inmates"

April 2:    174,837 persons reported by BOP as "Total Federal Inmates"

April 9:    173,686 persons reported by BOP as "Total Federal Inmates"

April 16:  172,349 persons reported by BOP as "Total Federal Inmates"

April 23:  171,434 persons reported by BOP as "Total Federal Inmates"

After a slow start, we have now seen over the last three weeks an average drop in federal inmates as reported by BOP of around 1,100 persons.  And we are now at the lowest federal prison population since 2002.

Though pleased to see this trend, I am inclined to take a "glass half empty" perspective on these numbers.  For starters, these numbers include the 24 federal inmate deaths that BOP has officially reported, and I cannot help but wonder if they also reflect some (large?) number of sick federal inmates who have been moved to medical facilities outside of the BOP network. Moreover, even a 4000-person reduction in the federal prison population from March 19 to April 23 represents less than a 2.5% overall reduction at a time when there likely are tens of thousands of vulnerable persons confined in high-risk federal prison environs.  (I suggested in this post right after Attorney General Barr issued his first restrictive home-confinement memo that more than 10,000 might be eligible for home confinement under even those guidelines.)

Reflecting on these numbers raises some other interesting issues and questions.  The BOP's COVID-19 Update page, as of midday April 23, is reporting that "the BOP has placed an additional 1,440 inmates on home confinement."  That number represents only about one third of the 4000-person reduction in the federal prison population from March 19 to April 23, and so I am left to speculate about other factors in play here.  I have been noting many sentence-reduction motions being granted by federal judges, but that likely accounts for only a few hundred additional releases.  More grants of pretrial release may also be part of the story, but I also wonder about the impact of (a) deferred prison report dates and (b) reductions in the number of new sentencings and/or new persons getting sentenced to prison.  

Remarkable times.

A few of many prior related posts:

April 23, 2020 in Data on sentencing, Impact of the coronavirus on criminal justice, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (1)

Monday, April 20, 2020

US Sentencing Commission continue to publish helpful data about the pre-COVID federal sentencing world

I keep waiting, impatiently, for the US Sentencing Commission to produce some data or information about federal sentencing realities in our modern COVID world.  I would love to see some data on, for example, how many sentencings are going forward each week given that, in normal times, about an average of 1500 federal sentences are imposed in federal courts every week of the year.  I would also be eager to know if a larger number than usual non-prison sentences are being imposed in those sentencings that are going forward.  And data on sentence reductions motions involving § 3582(c)(1)(A) would also be so very interesting. 

That said, I understand the challenges for the USSC in trying to produce accurate real-time data in even the best of times, and so I will just keep praising the USSC for what they are producing even while I keep hoping for COVID-era data.  Specifically, the USSC merits praise for continuing to produce new reports and data collections and Quick Facts based on its recently completed 2019 Annual Report and Sourcebook of Federal Sentencing Statistics.  Specifically, federal sentencing fans will want to check out these newer item from the USSC website:

OVERVIEW OF FEDERAL CRIMINAL CASES (Published April 16, 2020)  This publication provides a brief, easy-to-use reference on the types of criminal cases handled by federal courts in fiscal year 2019 and the punishments imposed on offenders convicted in those cases.

2019 GEOGRAPHIC SENTENCING DATA (Published April 17, 2020)  These data reports compare fiscal year 2019 federal sentencing statistics for each judicial district, judicial circuit, and state to the nation as a whole.

QUICK FACTS

April 20, 2020 in Data on sentencing, Detailed sentencing data, Federal Sentencing Guidelines, Offender Characteristics, Offense Characteristics, Who Sentences | Permalink | Comments (0)

Tuesday, April 14, 2020

US Sentencing Commission released new report on "Path of Federal Criminality: Mobility and Criminal History"

Cover_mobilityI find it more than a little ironic and depressing that the US Sentencing Commission, amidst a viral pandemic requiring lockdowns for everyone and creating unique risks for inmates who are confined with so many others, has today released a new research report with "mobility" in its title.  Tone-deaf timing aside, this new report serves as another interesting bit of criminal history research being done by an agency that has been functionally crippled for now the better part of two years because of the lack of confirmed commissioners. 

Though I keep hoping the USSC might step up to the current moment with some real-time data on federal sentencing practices and outcomes during this remarkable moment, I suppose we should all still be grateful that the USSC staff is still able to get its regular work done.  This latest report is focused on interesting aspects of past state convictions for federal offenders, and here is how it is summarized on the USSC's website:

Summary

(Published Aprill 14, 2020)  This study expands on prior Commission research by examining the geographic mobility of federal offenders. For this report, mobility is defined as having convictions in multiple states, including the location of the conviction for the instant offense. This report adds to the existing literature on offender criminal history in two important ways. First, the report provides information on how mobile federal offenders are, as measured by the number of offenders with convictions in multiple states. Second, the report provides information on the proportion of offenders with convictions in states other than the state in which the offender was convicted for the instant offense. The report also examines the degree to which out-of-state convictions in offenders’ criminal histories contributed to their criminal history score and their Criminal History Category.

Key Findings
  • Almost one-third (30.0%) of the total federal offender population in fiscal year (FY) 2018 had convictions in more than one state.
  • The mobility of federal offenders varies by offender characteristics:
    • Immigration offenders were the most likely to have convictions in more than one state (38.7%), while child pornography offenders were the least likely (16.4%) to have convictions in more than one state.
    • Just under one-third (31.8%) of male offenders had convictions in two or more states compared to 17.8 percent of female offenders.
    • Hispanic offenders (31.0%) were the most likely to have convictions in more than one state, closely followed by White (29.3%), Black (28.5%) and Other race (27.8%) offenders.
  • The percentage of offenders having convictions in states other than the state of their instant offense varied from a high of 59.2 percent in North Dakota to a low of 10.5 percent in the territory of Puerto Rico.
  • A total of 13,904 FY 2018 offenders had out-of-state convictions that received criminal history points. Almost three-quarters of these offenders (73.9%) had a higher Criminal History Category due to these convictions.

April 14, 2020 in Data on sentencing, Detailed sentencing data, Federal Sentencing Guidelines, Offender Characteristics | Permalink | Comments (0)

Wednesday, April 08, 2020

"Reforms without Results: Why states should stop excluding violent offenses from criminal justice reforms"

The title of this post is the title of this notable new Prison Policy Initiative report authored by Alexi Jones.  Here is how the data-rich report gets started:

States are increasingly recognizing that our criminal justice system is overly punitive, and that we are incarcerating too many people for too long.  Every day, 2.3 million incarcerated people are subject to inhumane conditions, offered only limited opportunities for transformation, and are then saddled with lifelong collateral consequences.  Yet as states enact reforms that incrementally improve their criminal justice systems, they are categorically excluding the single largest group of incarcerated people: the nearly 1 million people locked up for violent offenses.

The staggering number of people incarcerated for violent offenses is not due to high rates of violent crime, but rather the lengthy sentences doled out to people convicted of violent crimes.  These lengthy sentences, relics of the “tough on crime” era, have not only fueled mass incarceration; they’ve proven an ineffective and inhumane response to violence in our communities and run counter to the demands of violent crime victims for investments in prevention rather than incarceration.

Moreover, cutting incarceration rates to anything near pre-1970s levels or international norms will be impossible without changing how we respond to violence because of the sheer number of people — over 40% of prison and jail populations combined — locked up for violent offenses.  States that are serious about reforming their criminal justice systems can no longer afford to ignore people serving time for violent offenses.

There are, unquestionably, some people in prison who have committed heinous crimes and who could pose a serious threat to public safety if released.  And by advocating for reducing the number of people incarcerated for violent offenses, we are not suggesting that violence should be taken any less seriously.  On the contrary, we suggest that states invest more heavily in violence prevention strategies that will make a more significant and long-term impact on reducing violence, which, again, reflects what most victims of violent crime want.  The current response to violence in the United States is largely reactive, and relies almost entirely on incarceration, which has inflicted enormous harms on individuals, families, and communities without yielding significant increases in public safety.

April 8, 2020 in Data on sentencing, Detailed sentencing data, Offense Characteristics, Sentences Reconsidered | Permalink | Comments (0)

Wednesday, April 01, 2020

Wondering again about pace and number of federal sentencings after another Varsity Blues defendant gets imprisonment term

This AP article, headlined "Mother Sentenced to 7 Months in College Admissions Scam," reports on the high-profile federal sentencing that went forward in Boston by video conference yesterday.  Here are the basics:

A California woman was sentenced Tuesday to seven months in prison for paying bribes to rig her two daughters' college admissions exams and get one of them into Georgetown University as a fake tennis recruit.

In an unusual hearing held via videoconference due to the coronavirus pandemic, the judge rejected Elizabeth Henriquez's bid to avoid prison because of the public health crisis but is allowing her to remain free until at least June 30 in the hopes that the outbreak will have diminished by then. “I have every hope that the coronavirus crisis will abate in a matter of months and that Ms. Henriquez will be able to serve her sentence safely and rebuild her life,” U.S. District Judge Nathaniel Gorton said.

Henriquez and her husband were charged with paying $400,000 in bribes to get their oldest daughter into Georgetown as a bogus tennis recruit in 2016. They also paid bribes to have someone cheat on their daughters' college entrance exams, authorities said. In one instance, the purported proctor sat next to her daughter while she took a test and fed her the answers and then “gloated” with Henriquez and the teen about how they had cheated and gotten away with it, authorities said....

Her husband, Manuel Henriquez, is the founder and former CEO of Hercules Capital, a finance firm in Palo Alto, California. He is scheduled to be sentenced April 8.

Her lawyers had urged the judge to give her home confinement, citing a memo written by Attorney General William Barr who said some nonviolent inmates who are particularly at risk to the virus may be safer at home than behind bars....

Henriquez was sentenced via videoconference to keep people from gathering at the federal courthouse in Boston amid the pandemic. The judge talked to Henriquez and lawyers over video chat while news media and other members of the public listened on the phone. The Boston court and halls of justice across the country have delayed jury trials and moved to video and telephone hearings to keep the criminal justice system moving while people are hunkered in their homes.

Prosecutors had argued in court documents that she deserved more than two years behind bars. Gorton ordered Henriquez to begin serving her prison sentence on June 30 but said he would consider a request to push that back further if necessary.

As I mentioned here a few weeks ago, under normal circumstances 300 federal sentences are imposed every work day, 1500 federal sentences are imposed every work week, 6200 federal sentences are imposed every month in US courts nationwide.  Clearly, some number of federal sentencings are going forward, but I am so very eager to know how many.  I am hoping that before too long, the US Sentencing Commission or the Justice Department will try to provide some real-time data on the administration of federal criminal justice amidst the COVID crisis.

A few prior recent related posts:

April 1, 2020 in Data on sentencing, Impact of the coronavirus on criminal justice, Offense Characteristics, White-collar sentencing, Who Sentences | Permalink | Comments (2)

Tuesday, March 24, 2020

"Mass Incarceration: The Whole Pie 2020"

WholePie_130The Prison Policy Initiative has today posted the latest, greatest version of its remarkable incarceration "pie" graphic and associated report on the particulars of who and how people are incarcerated in the United States.  The extraordinary pies produced by PPI impart more information in one image than just about any single resource, and at this moment it is especially valuable to know about just who is behind bars and for what.  Here is part of the report's introductory text and the concluding discussion:

Can it really be true that most people in jail are being held before trial? And how much of mass incarceration is a result of the war on drugs? These questions are harder to answer than you might think, because our country’s systems of confinement are so fragmented. The various government agencies involved in the justice system collect a lot of critical data, but it is not designed to help policymakers or the public understand what’s going on. As public support for criminal justice reform continues to build, however, it’s more important than ever that we get the facts straight and understand the big picture.

This report offers some much needed clarity by piecing together this country’s disparate systems of confinement. The American criminal justice system holds almost 2.3 million people in 1,833 state prisons, 110 federal prisons, 1,772 juvenile correctional facilities, 3,134 local jails, 218 immigration detention facilities, and 80 Indian Country jails as well as in military prisons, civil commitment centers, state psychiatric hospitals, and prisons in the U.S. territories. This report provides a detailed look at where and why people are locked up in the U.S., and dispels some modern myths to focus attention on the real drivers of mass incarceration, including exceedingly punitive responses to even the most minor offenses.

This big-picture view allows us to focus on the most important drivers of mass incarceration and identify important, but often ignored, systems of confinement. The detailed views bring these overlooked systems to light, from immigration detention to civil commitment and youth confinement. In particular, local jails often receive short shrift in larger discussions about criminal justice, but they play a critical role as “incarceration’s front door” and have a far greater impact than the daily population suggests.

While this pie chart provides a comprehensive snapshot of our correctional system, the graphic does not capture the enormous churn in and out of our correctional facilities, nor the far larger universe of people whose lives are affected by the criminal justice system. Every year, over 600,000 people enter prison gates, but people go to jail 10.6 million times each year. Jail churn is particularly high because most people in jails have not been convicted. Some have just been arrested and will make bail within hours or days, while many others are too poor to make bail and remain behind bars until their trial. Only a small number (about 160,000 on any given day) have been convicted, and are generally serving misdemeanors sentences under a year. At least 1 in 4 people who go to jail will be arrested again within the same year — often those dealing with poverty, mental illness, and substance use disorders, whose problems only worsen with incarceration....

Now that we can see the big picture of how many people are locked up in the United States in the various types of facilities, we can see that something needs to change. Looking at the big picture requires us to ask if it really makes sense to lock up 2.3 million people on any given day, giving this nation the dubious distinction of having the highest incarceration rate in the world. Both policymakers and the public have the responsibility to carefully consider each individual slice in turn to ask whether legitimate social goals are served by putting each group behind bars, and whether any benefit really outweighs the social and fiscal costs.

Even narrow policy changes, like reforms to money bail, can meaningfully reduce our society’s use of incarceration. At the same time, we should be wary of proposed reforms that seem promising but will have only minimal effect, because they simply transfer people from one slice of the correctional “pie” to another. Keeping the big picture in mind is critical if we hope to develop strategies that actually shrink the “whole pie.”

March 24, 2020 in Data on sentencing, Detailed sentencing data, Prisons and prisoners | Permalink | Comments (0)

US Sentencing Commission published its 2019 Annual Report and Sourcebook of Federal Sentencing Statistics

I have been a bit disappointed, but not at all surprised, that the US Sentencing Commission has not yet put out any data or statement about the coronavirus outbreak that is roiling the federal criminal justice system.  The USSC is not really geared up for producing real-time data even under the best of circumstances, and these are not anywhere close to the best of circumstances.  Nevertheless, I hope that, before too long, the USSC might be able to provide some kind of real-time updates on just how many sentencings are now being conducted in federal courts and/or providing updates to regular data set like Offenders in the Federal Bureau of Prisons.

Still, it is somewhat comforting to see that the USSC has been able to complete some of its usual major data undertakings even amidst all the virus turmoil.  Specifically, yesterday I received this news via email from the USSC:

[Monday] the U.S. Sentencing Commission published its 2019 Annual Report and Sourcebook of Federal Sentencing Statistics.

The Annual Report presents an overview of the Commission's work in fiscal year 2019.

The Sourcebook presents information on the 76,538 federal offenders sentenced in fiscal year 2019 — a sentencing caseload that increased for the second consecutive year. 

Fast Facts

  • The federal sentencing caseload increased by more than 7,000 cases from FY18, returning to a size similar to the caseloads of FY14 and earlier. 
  • Immigration offenses increased by more than 5,000 cases from the previous year and accounted for the largest single group of federal crime — a position held by drug offenses in FY17. 
  • Drug trafficking and firearms offenses also increased by approximately 1,000 cases each.  
  • Methamphetamine offenses, the most common drug type in the federal system, continued to rise (up from 31% of drug offenses in FY16 to 42% in FY19).
  • Methamphetamine trafficking continued to be the most severely punished federal drug crime (average sentence of 95 months). 
  • Three-quarters of federal offenders were sentenced under the Guidelines Manual in FY19.

I find a bit jarring this final statement that only "three-quarters of federal offenders were sentenced under the Guidelines Manual in FY19." In the Annual Report, the USSC more clearly explains that what they mean by this phrasing is "that the sentence was within the applicable guidelines range, or was outside the applicable guidelines range and the court cited a departure reason from the Guidelines Manual."

I hope to find time in the coming days to review these reports to flag some additional interesting data points about federal sentencing in FY19 (which ran from October 1, 2018, through September 30, 2019). Among other virtues, these data provide a useful baseline on what the federal sentencing system looked like in the year before the new coronavirus shock.

March 24, 2020 in Data on sentencing, Detailed sentencing data, Federal Sentencing Guidelines, Who Sentences | Permalink | Comments (0)

Tuesday, March 17, 2020

"Appeals Court Delays Texas Execution Due To Coronavirus Outbreak"

The title of this post is the headline of this notable story out of Texas concerning another remarkable echo effect of the global pandemic we are facing. Here are the details:

The outbreak of the novel coronavirus prompted the top Texas criminal appeals court on Monday to stay for 60 days the scheduled execution of a man condemned for killing his family.

The Texas Court of Criminal Appeals rejected all grounds of John William Hummel’s appeal but said it would postpone the scheduled Wednesday execution “in light of the current health crisis and the enormous resources needed to address the execution.”

Hummel, 44, was convicted in 2011 of capital murder in the December 2009 fatal stabbing of his pregnant wife, Joy Hummel, 45, and fatal bludgeoning of his father-in-law, Clyde Bedford, 57, with a baseball bat. Evidence showed he also used the bat to beat to death Jodi Hummel, his 5-year-old daughter, before he torched their home in the Fort Worth suburb or Kennedale. However, he was only convicted of capital murder in the deaths of his wife and father-in-law....

One of the issues that Michael Mowla, Hummel’s attorney, had raised in his efforts to stop the execution was a concern that the process involved with putting Hummel to death “may itself assist in spreading COVID-19.”

A number of people either take part or witness the execution in the death chamber at the state penitentiary in Huntsville, including correctional officers, attorneys, physicians and family members or friends of the inmate and of the victims. “Gathering all these people in one location presents a substantial risk of transmission of COVID-19/Coronavirus if anyone is infected,” Mowla wrote in a petition to the appeals court last week....

The Texas Department of Criminal Justice had been prepared to carry out the execution as officials had instituted a screening process for people who would have witnessed it, said agency spokesman Jeremy Desel. Execution witnesses would have been subject to the same screening that department employees have to go through before entering a prison unit. The screening involves questions based on travel, potential exposure to the coronavirus and health inquiries, Desel said.

The death chamber is not a heavy traffic area and is completely isolated from all parts of the prison in Huntsville, Desel said. “But it is thoroughly cleaned, consistently and constantly. We are taking precautions throughout the prison system,” he said.

Notably, according this Upcoming Executions page on the Death Penalty Information Center's website, Texas has five other executions scheduled over the next 60 days. I would predict that, unless we get some very good news about the spread of COVID-19 very soon, all these other executions would appear very likely to be postponed. In addition, I would be surprised if Texas or any other state were to start scheduling any new executions anytime soon.

This DPIC fact sheet details that we have so far five executions in the United States this year. As of this writing, I am thinking we might not end up having any more executions in 2020, which would mean the country would have its lowest number of executions since 1983.

March 17, 2020 in Data on sentencing, Death Penalty Reforms, Who Sentences | Permalink | Comments (0)

Monday, March 09, 2020

"Data Collected Under the First Step Act, 2019"

The title of this post is the title of this notable new document that the Bureau of Justice Statistics released this morning.  The document reports a range of data about the federal prison system, and here are excerpts from the start of this document:

The First Step Act of 2018 (FSA) requires the Bureau of Justice Statistics (BJS), through its National Prisoner Statistics program, to collect data from the Federal Bureau of Prisons (BOP) on a number of topics and to report these data annually.  BJS is required to report on selected characteristics of prisoners, including marital, veteran, citizenship, and English-speaking status; educational levels; medical conditions; and participation in treatment programs.  Also, BJS is required to report some facility-level statistics, such as the number of assaults on staff by prisoners, prisoners’ violations that resulted in time-credit reductions, and selected facility characteristics related to accreditation, on-site health care, remote learning, video conferencing, and costs of prisoners’ phone calls.

The statistics in this report are for calendar year 2018, which is prior to the enactment of the FSA, and were collected in 2019.  Data for 2019 will be available from BOP in the second half of 2020.  Unless otherwise noted, all counts in this report include federal prisoners held in correctional facilities operated either by the BOP or by private companies contracted by the BOP.  Other reporting required by the FSA, such as the establishment of new methods by BOP to score risk-assessment or recidivism-reduction programs, will be included in BJS’s annual reports when data become available.

Key findings....

  • At year-end 2018, a total of 80,599 prisoners — or 45% of all BOP prisoners — were the parent, step-parent, or guardian of a minor child (dependents age 20 or younger, per BOP definition).
  • At year-end 2018, a total of 51,436 prisoners (about 29% of all BOP prisoners) had not attained a high-school diploma, general equivalency degree (GED), or other equivalent certificate before entering prison.
  • At year-end 2018, a total of 23,567 prisoners identified English as their second language (13% of all BOP prisoners).
  • At year-end 2018, a total of 33,457 prisoners were non-citizens (19% of all BOP prisoners)....
  • In 2018, all 122 BOP-operated facilities had the capability for prisoners to use video-conference technology to participate in judicial hearings, foreign embassy consultations, reentry-related communication from probation offices, pre-reentry preparation, disciplinary hearings, and the Institution Hearing Program....
  • A total of 87,628 prohibited acts occurred in BOP-operated facilities during 2018, of which 39,897 were committed in medium-security facilities (45%).
  • A total of 55,361 individual prisoners committed the 87,628 prohibited acts.
  • During 2018, there were 1,270 physical assaults on BOP staff by prisoners, with 21 of the assaults resulting in serious injury to the staff member.

March 9, 2020 in Data on sentencing, FIRST STEP Act and its implementation, Offender Characteristics, Prisons and prisoners | Permalink | Comments (2)

Sunday, March 01, 2020

"The Criminal History of Federal Economic Crime Offenders"

The title of this post is the title of this new report released late last week by the US Sentencing Commission.  Here is a basic summary and key findings from this USSC webpage:

Summary

For the first time, this report provides in-depth criminal history information about federal economic crime offenders, combining the most recently available data from two United States Sentencing Commission projects.

Key Findings
  • The application of guideline criminal history provisions differed among the different types of economic crime offenders.
  • The extent of prior convictions differed among the different types of economic crime offenders.
    • About half of all federal economic crime offenders had at least one prior conviction in their criminal history.
    • Prior convictions were most common among counterfeit and forgery (71.1%), identity theft (70.4%), credit card fraud (68.7%), and financial institution fraud (68.6%) offenders.
    • Prior convictions were least common among computer-related (29.6%) and government procurement (25.4%) fraud offenders.
  • Federal economic crime offenders did not “specialize” in economic crime.
    • Convictions for prior economic offenses were not the predominant types of prior convictions. 
    • Fourteen percent of federal economic crime offenders had convictions for prior economic offenses only, to the exclusion of other types of convictions. 
    • Convictions for prior “other” offenses, such as DUI and public order, were the predominant types of prior convictions.
  • The severity of criminal history differed for offenders in the specific types of economic crime.
    • Financial institution fraud, credit card fraud, identity theft, mail-related fraud, and counterfeit and forgery offenders had relatively serious criminal histories compared to other economic crime offenders.
    • Government procurement and computer-related fraud offenders had comparatively less serious criminal histories compared to other economic crime offenders.
  • Only about one-quarter of federal economic crime offenders with prior convictions were not assigned criminal history points under the guidelines.

March 1, 2020 in Data on sentencing, Detailed sentencing data, Offender Characteristics, Offense Characteristics, White-collar sentencing | Permalink | Comments (0)

Friday, February 21, 2020

"People Serving Life Exceeds Entire Prison Population of 1970"

The title of this post is the title of this new fact sheet released by The Sentencing Project’s Campaign to End Life Imprisonment.  Here is how the document (which is full of interesting images) get started:

As states come to terms with the consequences of 40 years of prison expansion, sentencing reform efforts across the country have focused on reducing stays in prison or jail for those convicted of nonviolent drug and property crimes.  At the same time, policymakers have largely neglected to address the staggering number of people serving life sentences, comprising one of seven people in prisons nationwide.  International comparisons document the extreme nature of these developments.  The United States now holds an estimated 40% of the world population serving life imprisonment and 83% of those serving life without the possibility of parole.  The expansion of life imprisonment has been a key component of the development of mass incarceration.  In this report, we present a closer look at the rise in life sentences amidst the overall incarceration expansion.

To place the growth of life imprisonment in perspective, the national lifer population of 206,000 now exceeds the size of the entire prison population in 1970, just prior to the prison population explosion of the following four decades.  In 24 states, there are now more people serving life sentences than were in the entire prison population in 1970, and in an additional nine states, the life imprisonment total is within 100 people of the 1970 prison population.  

February 21, 2020 in Data on sentencing, Detailed sentencing data, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (2)

Wednesday, February 19, 2020

Recognizing historic modern first-term commutation work by Prez Trump in a single day

Unsurprisingly, the pardons and commutations handed out by President Trump yesterday to high-profile individuals like Michael Milken, Rod Blagojevich, Bernie Kerik and Eddie DeBartolo have been dominating the news coverage of Trump's latest clemency work (basics noted here and here).  But I wanted to take a moment to note (and, in a sense, lament) that Prez Trump's granting of four commutations yesterday — to Tynice Nichole Hall, Crystal Munoz and Judith Negron along with Blagojevich — is quite historic in modern terms.

Last summer in this post, I used the official clemency statistics here from the Office of the Pardon Attorney to set out first-term commutation scorecard for US Presidents over the last half century.  Here are the particularly disconcerting numbers for the last four men in the Oval Office before Prez Trump:

Prez                     Commutations in entire first term

George HW Bush         3

William Clinton           3

George W Bush            2

Barack Obama             1

In other words, Prez Trump's granting of four commutations in a single day amounted to more commutations than any of the last four Presidents granted throughout their entire first term in the Oval Office.  (Of course, Prez Obama got quite busy with commutations in his second term, and so his final clemency scorecard looks a heck of a lot better than it looked at the end of his first term.)  In addition, with his four commutations yesterday, Prez Trump is now already up to a total of 10 commutations, which is one more than all of the last four Presidents combined granted throughout their entire first terms in the Oval Office.  

Prez Trump setting these modern commutation records is not really a reflection of robust use of his clemency pen as much as it serves as a sad commentary on the paucity of clemency granted by the four men in the Oval Office before Trump.  That said, Prez Trump seems to have come to appreciate (perhaps only for personal reasons) Alexander Hamilton's famous statement in Federalist 74 that the administration of justice can often "wear a countenance too sanguinary and cruel."  I sincerely hope he keeps on helping folks other than just friends and vocal allies with his clemency powers.

Prior related post:

February 19, 2020 in Clemency and Pardons, Data on sentencing, Sentences Reconsidered, Who Sentences | Permalink | Comments (0)

Tuesday, February 11, 2020

"Fees, fines and ability to pay"

The title of this post is the title of this new Hill commentary authored by Lauren-Brooke Eisen and Matthew Menendez of the Brennan Center for Justice. Here is how the piece starts and ends:

In far too many criminal courts across the country, judges impose fees and fines on defendants without consideration for their ability to pay.  The result: people struggling financially are saddled with debt that makes it nearly impossible for them to support themselves and their families.  The devastating consequences of these practices are gaining national attention.  In fact, five of the current Democratic presidential candidates have joined the growing outcry against this approach and are trying to address the problem through their criminal justice policy platforms.

Despite promising momentum for change, some government officials hold on, partly under the belief that they need fines and fees to generate revenue.  But a hard look at the numbers shows that collecting fees and fines is highly inefficient and costs much more than many policymakers ever realized.

Compared to fines issued with sentences, court fees tend to slip past the public’s attention.  Depending on where you live, if you are arrested for low-level offenses such as loitering or possessing a small amount of drugs, you could get charged dozens of fees: a fee for filing your paperwork, a fee for the court to figure out if you qualify for a public defender, a fee for your public defender’s services, a universal fee wholly unrelated to your case (like the one that funds a DNA program), a court technology fee, and more.

We studied fees and fines, observing more than 1,000 hearings in three states and found that, in most places, courts rarely consider a defendant’s finances and what he or she might be able to pay before requiring them to pay mandatory court fees and fines [report available here and here].  For people who can’t afford the amount they owe, they become debtors whose bill collectors are judges and the police.

We assessed the costs for state and local governments to enforce and collect fees and fines by analyzing data from 10 counties in Florida, New Mexico, and Texas, as well as state-level data for the three states.  The waste that we discovered tell us that every city, county, and state government should look hard at their fees and fines policies.  The net gain might be far less than they have imagined, the losses far more damaging.

Because many low-income people can’t pay their debt, billions of dollars in fines and fees go unpaid every year while these debts hang over people, spiraling out of control as penalties pile up.  In fact, our report found that from 2012 to 2018, Florida, New Mexico, and Texas amassed a total of almost $1.9 billion in uncollected debt.  This debt is made up of millions of tiny debts owed by people who may never be financially equipped to pay them off....

State and local governments can stop placing unjust burdens on poor people and their families.  They can start to do so by enacting legislation to eliminate the fees that the court imposes on criminal defendants.  In many places, the courts rely primarily on fees for funding, as opposed to taxes, despite the fact that they operate in service to the public as a whole. States and localities should make general tax revenue the primary source of funding for the courts, rather than fees.

States should also reform how they impose fines.  To guard against assessing fines that defendants can’t afford, states should require judges to evaluate a person’s ability to pay and then apply a sliding scale to determine the amount.  After digging into the numbers, we can add fiscal irresponsibility and growing burdens to those most impacted by these debts to the reasons to dump these practices.  Every jurisdiction using fines and fees must stop and do the math — all of it.

February 11, 2020 in Data on sentencing, Fines, Restitution and Other Economic Sanctions, Race, Class, and Gender, Who Sentences | Permalink | Comments (2)

Monday, February 03, 2020

US Sentencing Commission publishes latest FIRST STEP/FSA resentencing data

The US Sentencing Commission today released the latest in a series of data reports titled "First Step Act of 2018 Resentencing Provisions Retroactivity Data Report."  The introduction to the report provides this context and overview:

On December 21, 2018, the President signed into law the First Step Act of 2018.  Section 404 of that act provides that any defendant sentenced before the effective date of the Fair Sentencing Act of 2010 (August 3, 2010) who did not receive the benefit of the statutory penalty changes made by that Act is eligible for a sentence reduction as if Sections 2 and 3 of the Fair Sentencing Act of 2010 were in effect at the time the offender was sentenced.  The First Step Act authorizes the defendant, the Director of the Bureau of Prisons, the attorney for the Government, or the court to make a motion to reduce an offender’s sentence.

The data in this report represents information concerning motions for a reduced sentence pursuant to Section 404 of the First Step Act which the courts have granted. The data in this report reflects all motions granted through December 31, 2019 and for which court documentation was received, coded, and edited at the Commission by January 29, 2020.

These new data from the USSC show that 2,387 prisoners have been granted sentence reductions, and that the average sentence reduction was 71 months of imprisonment among those cases in which the the resulting term of imprisonment could be determined.  Though this data is not exact and may not be complete, it still seems sound to state that this part of the FIRST STEP Act, by shortening nearly 2400 sentences by nearly 6 years, has now resulted in over 14,000 prison years saved(!).

Of course, as I have noted before, the FSA retroactivity provision of the FIRST STEP Act was only a small piece of the legislation.  But these latest data show yet again how this small piece has had huge impact that can be measure in lots of years of lots of lives.  And, of course, people of color have been distinctly impacted: the USSC data document that over 91% of persons receiving FSA sentence reductions were Black and more than another 4% were Latinx.

February 3, 2020 in Data on sentencing, Detailed sentencing data, Drug Offense Sentencing, FIRST STEP Act and its implementation, Mandatory minimum sentencing statutes, New crack statute and the FSA's impact, Race, Class, and Gender, Sentences Reconsidered | Permalink | Comments (0)

Wednesday, January 22, 2020

Council on Criminal Justice releases new papers on "Federal Sentencing Provisions of the 1994 Crime Bill"

Sentencing_Report_LinkI noted in this post this past summer the notable new group working toward criminal justice reform called the Council on Criminal Justice.  In September, I flagged in this post that the Council on Criminal Justice had gotten started on a great new set of  papers and resources taking a close look at the 1994 Crime Bill.  The first two paper in the series, Overview and Reflections by Richard Rosenfeld and Impacts on Prison Populations by William Sabol and Thaddeus Johnson, both provided terrific perspectives and details on the import and impact of the 1994 Crime Bill.

I am now very pleased to report that the third paper in this series has been published under the title "Tough and Smart: Federal Sentencing Provisions of the 1994 Crime Bill."  If you click through to the full paper, you can see that one of the reasons I am pleased to see it published is because I am its author.  I was very honored to get a chance to work with the CCJ team on this project, and all the folks involved with CCJ were quite effectively invested in helping me work through the various complicated federal sentencing stories that emerged from the 1994 Crime Bill.

I recommend that interested persons read this piece in full, as there are lots of intricacies to this story that I was only able to partially capture in what is meant to be a short read.  The start and end of the piece provides a hint of its essential points:

When President Bill Clinton signed the Violent Crime Control and Law Enforcement Act of 1994 (the Crime Bill), he called it the “toughest and smartest crime bill in our history.” Enhancing penalties across a wide range of offenses, the Crime Bill included many provisions that not only justified the “tough” label, but also fueled “get-tough” rhetoric and behavior by federal, state, and local officials nationwide.  This well-known legacy, however, obscures what may be one of the most consequential sentencing provisions in this massive law — a “smart” sentencing section that has allowed tens of thousands of people convicted of drug crimes to avoid certain severe mandatory minimum terms enacted by Congress in the 1980s....

Reflecting the “tough-on-crime” attitudes of the times, some federal lawmakers criticized the Crime Bill as not tough enough despite its many punitive elements. Just weeks after passage of the landmark legislation, Republican lawmakers introduced the Contract with America, which included a promise to adopt a Taking Back Our Streets Act within the first 100 days of what signers hoped would be a Republican-held Congress.  This pursuit of even harsher penalties and even more federal funding for prison construction than what was authorized in the Crime Bill was not surprising; in fact, such calls reflected much of the political and policy thinking of the time — on both sides of the aisle.  In this era, talking tough was widely seen not only as essential to success at the ballot box, but also as the sound policy response to all crime concerns.

While the spirit and text of the Crime Bill focused on a tougher approach to crime and punishment, its sentencing provisions with among the greatest tangible impact were those that enabled people convicted of lower-level drug offenses to receive less severe sentences, and laid the foundation for future crack cocaine sentencing reforms.  Despite that often overlooked reality, the Crime Bill fostered and reinforced tough-on-crime attitudes in Washington and among state and local criminal justice officials that contributed to historic growth in national prison populations.

January 22, 2020 in Data on sentencing, Federal Sentencing Guidelines, Mandatory minimum sentencing statutes, Scope of Imprisonment | Permalink | Comments (0)

US Sentencing Commission releases new report on "Inter-District Differences in Federal Sentencing Practices"

As reported via this USSC webpage, the US Sentencing Commission has this morning released this big new report under the full title "Inter-District Differences in Federal Sentencing Practices: Sentencing Practices Across Districts from 2005 - 2017." Here is a summary and key finding from the USSC's webpage:

This report is the third in a series of reports. It examines variations in sentencing practices—and corresponding variations in sentencing outcomes—across federal districts since the Supreme Court’s 2005 decision in United States v. Booker.

The Commission’s ongoing analysis in this area directly relates to a key goal of the Sentencing Reform Act of 1984: reducing unwarranted sentencing disparities that existed in the federal judicial system. In particular, the Act was the result of a widespread bipartisan concern that such disparities existed both regionally (e.g., differences among the districts) and within the same courthouse. Having analyzed the differences within the same courthouse in its Intra-City Report, the Commission now turns in this report to examining regional differences since Booker....

Key Findings

While the extent of differences in sentencing practices vary depending on the specific primary guideline, the overarching trends indicate that, consistent with the findings of the Commission’s 2012 Booker Report, sentencing outcomes continue to depend at least in part upon the district in which the defendant is sentenced. In particular, the Commission finds that:

  • Variations in sentencing practices across districts increased in the wake of the Supreme Court’s 2005 decision in Booker.  These inter-district sentencing differences have persisted in the 13 years after Booker and six years after the Commission’s 2012 analysis.

  • Sentencing differences increased for each of the four major offense types analyzed (fraud, drug trafficking, firearms related offenses, and illegal reentry) during the Gall Period.  This trend continued for some, but not all, of the four offense types in the six years following the last period analyzed in the Commission’s 2012 Booker Report.

  • Guideline amendments intended to promote uniformity by addressing judicial concerns regarding severity have had an inconsistent impact on inter-district disparity.  Specifically, despite multiple significant revisions to the drug trafficking guideline, including the two-level reduction of the base offense level for all drugs, districts increasingly diverged in their sentencing practices for drug trafficking offenders.  However, the comprehensive amendment to the illegal reentry guideline contributed to increasing uniformity in sentencing practices in the Post-Report Period.

  • Certain districts have consistently sentenced more — or less — severely in relation to the guideline minimums than other districts, both over time and across offense type.

I am already looking forward to finding time to review and assess this latest big report from the USSC. But I cannot help but note at the outset that detailed data work which focuses almost exclusively on sentencing differences without any detailed discussions of sentencing severity or sentencing efficacy seems largely out of sync with the current political and policy criminal justice concerns expressed by both public officials and advocates.

Prior related post:

January 22, 2020 in Booker and Fanfan Commentary, Booker in district courts, Data on sentencing, Detailed sentencing data, Federal Sentencing Guidelines, Who Sentences | Permalink | Comments (0)

Monday, January 20, 2020

"'Ban the Box' Policies and Criminal Recidivism"

The title of this post is the title of this new empirical paper authored by Ryan Sherrard available via SSRN. Here is its abstract:

Employment has long been seen as a mechanism for reducing criminal recidivism. As such, many states and municipalities have tried to increase the employment prospects of ex-offenders through "Ban the Box" (BTB) policies, making it illegal to ask about an individual's criminal history on a job application.  There are, however, questions as to how effective these policies are at helping ex-offenders successfully stay out of prison.  In addition, recent research has shown that BTB policies may lead employers to racially discriminate in hiring.  Using administrative prison data, this paper examines the direct effect of BTB policies on rates of criminal recidivism.  I find that while BTB policies don't appear to reduce criminal recidivism overall, these policies may be exacerbating racial disparities.  In particular, I show that being released into a labor market with a BTB policy is associated with higher rates of recidivism for black ex-offenders, with little to no effect for white ex-offenders.  This result is robust to a number of specifications and sub-samples.

January 20, 2020 in Collateral consequences, Data on sentencing, Race, Class, and Gender, Reentry and community supervision | Permalink | Comments (2)

Thursday, January 09, 2020

Lots of items of capital interest at Death Penalty Information Center

I frequent the Death Penalty Information Center website on a regular basis for all sorts of data and other detailed information about the administration of the death penalty in the modern era. But the site also keeps up with some capital punishment news and research (with DPIC's abolitionist bent), and the last few weeks have had a number of notable new postings. Here is a sampling that seemed worth flagging here:

"Louisiana Reaches Ten Years Without an Execution"

"Criticism by Government Leaders, Victim’s Son Fuel Growing Doubts About Viability of Ohio’s Death Penalty"

"Death Sentences Decline by More than Half in Decade of the 2010s"

"Report Addresses Death-Row Family Members’ Barriers to Mental Health Care"

"Law Review: New Article Highlights Decline of Judicial Death Sentences"

"Controversial Mississippi Prosecutor Recuses Himself from Further Involvement in Curtis Flowers’ Case"

January 9, 2020 in Data on sentencing, Death Penalty Reforms, Who Sentences | Permalink | Comments (1)

Wednesday, January 08, 2020

A notable judicial pitch for better sentencing data in the Buckeye State

In this post yesterday, I noted a recent commentary discussing the role of Ohio's Chief Justice in advocating against certain state sentencing reform.  Today I can spotlight another kind of sentencing reform advocacy by two different Ohio jurists, Justice Michael Donnelly and 8th Ohio District Court of Appeals Judge Ray Headen, which appears in this new cleveland.com opinion piece headlined "Create centralized criminal-sentencing database to reduce mass incarceration in Ohio."  Here are excerpts:

As two members of our state’s judiciary, we write to include our names in support along with the Ohio Criminal Sentencing Commission for the creation of a centralized criminal database and repository to track all criminal sentences in Ohio.  The commission has stated that criminal justice data in Ohio “is disparate, mismatched, and complex, and lacks the capacity to fully and completely narrate the comprehensive criminal justice story in Ohio.”

With a sentencing database, the Ohio General Assembly would be arming judges, prosecutors, defense attorneys, and Ohio’s citizens with information that is currently unavailable to them, and that would make the administration of justice more fair, equitable, and most importantly, transparent.  Without this information, many criminal defendants will continue to believe that whether they receive a five-year or a 20-year sentence is largely determined by which judge is assigned to their case at arraignment, rather than the actual record of their case....

A sentencing database and repository developed and maintained by the Ohio Criminal Sentencing Commission -- among data-gathering reforms the 19-year-old commission recommended a year ago -- would provide all stakeholders and appellate courts charged with reviewing sentences with the ability to ensure that criminal sentences are consistent with what our General Assembly has indicated are the overall purposes and principles of felony sentencing, as embodied in Ohio Revised Code 2929.11 and 2929.12. Those purposes and principles are to punish the offender, protect the community, set the offender on a course towards rehabilitation, and use the least amount of state resources necessary to achieve these goals. Uniformity and proportionality of sentences are essential to maintaining the public’s confidence in our courts.

We agree with the Ohio Criminal Sentencing Commission’s view that policymakers and enforcers must be able to access comprehensive criminal justice information to maximize public safety and develop effective policies.  A criminal sentencing database and repository will help reduce mass incarceration and will be an investment in a safer, fairer, and more cost-efficient justice system.

January 8, 2020 in Data on sentencing, Detailed sentencing data, Who Sentences | Permalink | Comments (0)

Wednesday, January 01, 2020

Chief Justice's "2019 Year-End Report on the Federal Judiciary" again provides federal criminal caseload highlights

The Chief Justice of the United States always closes out a calendar year by releasing a year-end report on the federal judiciary.  The 2019 version from Chief Justice John G. Roberts can be found at this link, and here are a few sentences that capture the spirit of its timely substantive message:

In our age, when social media can instantly spread rumor and false information on a grand scale, the public’s need to understand our government, and the protections it provides, is ever more vital. The judiciary has an important role to play in civic education, and I am pleased to report that the judges and staff of our federal courts are taking up the challenge.

The report includes an Appendix on the "Workload of the Courts" which includes some notable federal criminal justice caseload data.  Here are excerpts:

In the regional courts of appeals, filings fell two percent to 48,486.... Criminal appeals rose two percent....

Criminal defendant filings (including those for defendants transferred from other districts) [in U.S. district courts] rose six percent to 92,678.  Defendants charged with immigration offenses went up 13 percent, largely in response to an 81 percent increase in defendants accused of improper entry by an alien.  The southwestern border districts received 81 percent of national immigration crime defendant filings.  Drug crime defendants, who accounted for 28 percent of total filings, grew five percent, although defendants accused of crimes associated with marijuana decreased 28 percent.  Defendants prosecuted for firearms and explosives offenses climbed eight percent, continuing an upward trend that began in 2014.  Increases also were reported for filings involving general offenses, regulatory offenses, justice system offenses, and violent offenses.  The number of filings related to traffic offenses and sex offenses decreased....

Cases activated in the pretrial services system, including pretrial diversion cases, rose nine percent to 108,606.  A total of 128,904 persons were under post-conviction supervision on September 30, 2019, a reduction of less than one percent from the total a year earlier.  Persons on that date serving terms of supervised release after leaving correctional institutions changed little, increasing by 9 persons to 113,198.

January 1, 2020 in Data on sentencing, Offense Characteristics | Permalink | Comments (0)

Friday, December 20, 2019

"Punishing Pill Mill Doctors: Sentencing Disparities in the Opioid Epidemic"

The title of this post is the title of this notable new article authored by Adam Gershowitz just posted to SSRN. Here is its abstract:

Consider two pill mill doctors who flooded the streets with oxycodone and other dangerous opioids.  The evidence against both doctors was overwhelming.  They each sold millions of opioid pills.  Both doctors charged addicted patients hundreds of dollars in cash for office visits that involved no physical examinations and no diagnostic tests.  Instead, the doctors simply handed the patients opioids in exchange for cash.  To maximize their income, both doctors conspired with street dealers to import fake patients — many of them homeless — so that the doctors could write even more prescriptions.  Both doctors made millions of dollars profiting off the misery of people addicted to opioids.  Even though juries convicted both doctors of similar criminal charges, they received drastically different sentences.  The first doctor was sentenced to 5 years, while the second doctor received a 35-year-sentence.

This article reviews 25 of the worst opioid pill mill doctors to be sentenced in the last five years, and it details drastic sentencing disparities in the federal system.  In more than half the cases, judges departed well below the Federal Sentencing Guidelines to impose sentences that were decades less than would be expected.

The sentencing variations in pill mill cases are not driven by traditional explanations such as the trial penalty or the defendant’s criminal history.  Instead, the sentencing variations are explained primarily by the age of the doctors.  Many pill mill doctors are in their 60s and 70s, and judges appear to be tailoring their sentencing decisions to ensure that older doctors will not spend the rest of their lives in prison.  Additionally, prosecutors face an uphill battle in proving the drug quantity against white-collar doctors (rather than street dealers) who can claim that some of their prescriptions were legitimate.  This article documents the difficulty of equitably punishing pill mill doctors, as well as the significance of age in sentencing older, white-collar offenders.

December 20, 2019 in Data on sentencing, Drug Offense Sentencing, Federal Sentencing Guidelines, Offender Characteristics, Offense Characteristics, Procedure and Proof at Sentencing, White-collar sentencing | Permalink | Comments (1)

Tuesday, December 17, 2019

DPIC releases year-end report asserting that "capital punishment continued to wither across the United States in 2019"

2019SentenceTrendsThis new press release from the Death Penalty Information Center, titled "Death Penalty Erodes Further in 2019 as New Hampshire Abolishes and California Imposes Moratorium," provides a summary of the DPIC's on-line 2019 year-end report on the administration of the death penalty in the United States.  Here are excerpts from the report's introduction:

Capital punishment continued to wither across the United States in 2019, disappearing completely in some regions and significantly eroding in others.  New Hampshire became the 21st state to abolish the death penalty and California became the fourth state with a moratorium on executions.  With those actions, half of all U.S. states have abolished the death penalty or now prohibit executions, and no state in New England authorizes capital punishment at all.

The use of the death penalty remained near historic lows, as states conducted fewer than 30 executions and imposed fewer than 50 new death sentences for the fifth year in a row.  Seven states executed a total of 22 prisoners in 2019.  With several penalty-phase outcomes still undetermined, DPIC projects that between 35 and 37 new death sentences will be imposed in 2019.

In the Midwest, Ohio suspended executions in the wake of a court decision comparing its execution process to waterboarding, suffocation, and being chemically burned alive.  On December 11, Indiana marked the ten-year point without an execution.  Death sentences in the American West set a record low, Oregon substantially limited the breadth of its death-penalty statute, and — also for the fifth straight year — no state west of Texas carried out any executions.  32 U.S. states have now either abolished the death penalty or have not carried out an execution in more than a decade.

Public opinion continued to reflect a death penalty in retreat.  Support for capital punishment remained near a 47-year low and 60% of Americans — a new record — told Gallup they preferred life imprisonment over the death penalty as the better approach to punishing murder.

While most of the nation saw near-historic lows in death sentences and executions, a few jurisdictions bucked the national trend. Death sentences spiked in Cuyahoga County (Cleveland), Ohio to three in 2019 and five in the last two years, more than in any other county in the country.  The U.S. government attempted to restart federal executions after a 16-year hiatus, using an execution protocol that had not been submitted to the public for comment or the courts for review.  However, its plan to carry out five executions in a five-week period fizzled when the U.S. Supreme Court declined to disturb a lower court injunction temporarily halting the executions....

Executions continued to be geographically isolated, with 91% of all executions taking place in the South, and 41% in Texas alone.  Scott Dozier, a mentally ill death-row prisoner who gave up his appeals and unsuccessfully attempted to force Nevada to execute him, committed suicide on death row....

In an unusually rancorous Supreme Court year, the Justices sparred over the circumstances in which stays of execution should be granted.  The Court ruled that potentially torturous executions were not unconstitutional unless they involved “superadded pain” and the prisoner — even if impeded by state secrecy practices — proved that an established and less painful alternative method to execute him was available to the state.  There were few decisions on the substance of death penalty law and the term was more notable for significant allegations of discriminatory practices that the Court chose not to review.

I have reprinted here the DPIC graphic on number of death sentences imposed, as the steep decline in the number of death sentences strikes me as the most telling and consequential aspect of the decline of the modern use of the death penalty. But there is a lot of other notable data in the DPIC report that ought to hearten those who disfavor capital punishment.

December 17, 2019 in Baze and Glossip lethal injection cases, Data on sentencing, Death Penalty Reforms, Detailed sentencing data | Permalink | Comments (1)

Monday, December 16, 2019

"Algorithmic Risk Assessment in the Hands of Humans"

The title of this post is the title of this new empirical paper authored by Megan Stevenson and Jennifer Doleac.  Here is its abstract:

We evaluate the impacts of adopting algorithmic predictions of future offending (risk assessments) as an aid to judicial discretion in felony sentencing.  We find that judges' decisions are influenced by the risk score, leading to longer sentences for defendants with higher scores and shorter sentences for those with lower scores.  However, we find no robust evidence that this reshuffling led to a decline in recidivism, and, over time, judges appeared to use the risk scores less.
Risk assessment's failure to reduce recidivism is at least partially explained by judicial discretion in its use.  Judges systematically grant leniency to young defendants, despite their high risk of reoffending.  This is in line with a long standing practice of treating youth as a mitigator in sentencing, due to lower perceived culpability.  Such a conflict in goals may have led prior studies to overestimate the extent to which judges make prediction errors.  Since one of the most important inputs to the risk score is effectively off-limits, risk assessment's expected benefits are curtailed. 
We find no evidence that risk assessment affected racial disparities statewide, although there was a relative increase in sentences for black defendants in courts that appeared to use risk assessment most. We conduct simulations to evaluate how race and age disparities would have changed if judges had fully complied with the sentencing recommendations associated with the algorithm.  Racial disparities might have increased slightly, but the largest change would have been higher relative incarceration rates for defendants under the age of 23.  In the context of contentious public discussions about algorithms, our results highlight the importance of thinking about how man and machine interact.

December 16, 2019 in Data on sentencing, Offender Characteristics, Procedure and Proof at Sentencing, Race, Class, and Gender, Who Sentences | Permalink | Comments (0)

Vera Institute produces new report highlighting big increases in rural jail populations

This recent New York Times piece, headlined "‘A Cesspool of a Dungeon’: The Surging Population in Rural Jails," fills out the picture presented by the statistical story set out in this new Vera Institute report on jail populations in the United States. Here is part of the NY Times piece:

Jail populations used to be concentrated in big cities. But since 2013, the number of people locked up in rural, conservative counties such as Hamblen has skyrocketed, driven by the nation’s drug crisis.

Like a lot of Appalachia, Morristown, Tenn., about an hour east of Knoxville, has been devastated by methamphetamine and opioid use. Residents who commit crimes to support their addiction pack the 255-bed jail, which had 439 inmates at the end of October, according to the latest state data. Many cities have invested in treatment options and diversion programs to help drug users. But those alternatives aren’t available in a lot of small towns.

“In the big city, you get a ticket and a trip to the clinic,” said Jacob Kang-Brown, a senior research associate at the Vera Institute of Justice, which released a report on Friday analyzing jail populations. “But in a smaller area, you might get three months in jail.”

The disparity has meant that while jail populations have dropped 18 percent in urban areas since 2013, they have climbed 27 percent in rural areas during that same period, according to estimates in the report from Vera, a nonprofit group that works to improve justice systems. The estimates are drawn from a sample of data from about 850 counties across the country.

There are now about 167,000 inmates in urban jails and 184,000 in rural ones, Vera said. Suburban jail populations have remained about the same since 2013, while small and midsize cities saw a 7 percent increase.

Rural jails now lock up people at a rate more than double that of urban areas. And increasingly, those inmates are women.

Here is part of the summary from the Vera report, which is titled "People in Jail in 2019":

At midyear 2019, there were an estimated 758,400 people in local jails, up 13,200 (1.8 percent increase) from midyear 2017, which is the most recently available BJS data.  This is the highest number of people in jail since midyear 2009, and the number is up 31,000 since the recent trough in 2015 (4.3 percent increase).  Most people in jail have not been convicted of the charges they are facing, and many are being detained in civil matters, such as people incarcerated pretrial for immigration cases or those incarcerated due to unpaid child support or fines and fees.

The jail incarceration rate in the United States was an estimated 230 people in jail per 100,000 residents, up from 229 per 100,000 in 2017, representing a 0.5 percent increase. This brings the rate of jail incarceration up 1.3 percent since the recent trough in 2015.  Jail incarceration rates are 2.8 times higher than they were in 1960.

The national increase in the local jail population hides stark diverging trends across the urban to rural continuum.  Since 2013, jail populations have grown 27 percent in rural counties and 7 percent in small and mid-sized metropolitan areas.  During the same period, jail populations have declined 18 percent in large urban counties and are down 1 percent in the suburban counties surrounding those large urban counties.  In 2019, rural counties’ jail incarceration rates were more than double those of urban counties.

December 16, 2019 in Data on sentencing, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (0)

Wednesday, December 11, 2019

Texas completes last scheduled execution for 2019

As reported in this local article, a "Texas inmate was executed by lethal injection Wednesday evening for killing a supervisor at a state prison shoe factory in Amarillo nearly 17 years ago."  Here is more:

Travis Runnels, 46, was convicted of slashing the throat of 38-year-old Stanley Wiley on January 29, 2003. Runnels was the state’s final execution in 2019.

Runnels, belted to the death chamber gurney, responded “No” when the warden asked if he had a final statement.  As the lethal dose of the powerful sedative pentobarbital began, he smiled and mouthed words and a kiss toward three female friends and two of his attorneys who watched through a window a few feet from him.  Then he blurted out “Woof, woof!” just before taking four quick breaths and snoring four times before all movement stopped.

Runnels was pronounced dead at 7:26 p.m., 22 minutes after the drug began flowing into his arms, making him the 22nd inmate put to death this year in the U.S. and the ninth in Texas.

He never looked at the sister and brother-in-law of his victim, who watched through a window in an adjacent witness room.  Outside the Huntsville Unit prison, several hundred Texas corrections officers stood in formation, and Wiley’s sister, Margaret Robertson, hugged or shook the hands of many of them as she and her husband left the prison.

Prosecutors say Runnels killed Wiley at the Texas Department of Criminal Justice Clements Unit because he didn’t like working as a janitor at the shoe factory.  They said Runnels had wanted to transfer to a job at the prison barber shop and was angry at Wiley because that hadn’t happened....

He had been serving a 70-year sentence for an aggravated robbery conviction from Dallas when he killed Wiley with a knife used to trim shoes.  The factory makes shoes for inmates in the state prison system.

Earlier Wednesday, the U.S. Supreme Court turned down an appeal by Runnels’ attorneys, who said a prosecution witness at his 2005 trial provided false testimony and that no defense was presented because his lawyers advised him to plead guilty and called no witnesses....  Lower courts and the Texas Board of Pardons and Paroles had also turned down Runnels’ attorneys’ requests to stop his execution.

Four inmates who were convicted in the deaths of state correctional officers or other prison employees have been put to death since 1974, while three others remain on death row, according to Texas Department of Criminal Justice.

With only 22 total executions in the US, the year 2019 marks the third lowest total number of executions in a year in the last three decades. (There were only 20 executions in 2016 and only 14 in 1991.)

Also, as we close out the third year of the Trump administration, we have now had a total of only 70 executions in the United States. In comparison, the first three years of Prez Clinton's first term saw 125 executions; the first three years of Prez GW Bush's first term had 202 executions; the first three years of Prez Obama's first term saw 141 executions.

December 11, 2019 in Data on sentencing, Death Penalty Reforms | Permalink | Comments (1)

Wednesday, December 04, 2019

Terrific new Intercept series on capital punishment titled "The Condemned"

I received an email yesterday alerting me to exciting news that "The Intercept has published "The Condemned,” an investigative series by award-winning reporters Liliana Segura and Jordan Smith focused on the modern application and history of the death penalty in the United States. Here is more from the email:

The death penalty entered its “modern era” in 1976, when the U.S. Supreme Court upheld a new set of statutes in the landmark decision Gregg v. Georgia. This new Intercept series examines the use of capital punishment since 1976 and is partially based on an analysis of an unprecedented dataset that The Intercept began compiling in the summer of 2016, on all individuals sentenced to die in active death penalty jurisdictions during the past 43 years.

Amazingly, this data did not exist. Previously available information was often flawed, and many states either do not track this data or do so in a haphazard way. The Bureau of Justice Statistics collects demographic and other data about states’ death row populations, but Congress has blocked the public disclosure of this information.

With this new dataset, now available on GitHub, The Intercept is offering journalists, activists, lawyers, and anyone interested in the topic, a single and comprehensive resource covering the state of the death penalty as it exists in the U.S. today. .

“We limited our inquiry to active death penalty states, to focus on capital punishment as it exists today,” write Segura and Smith. “We were curious not only about who had been executed, but how many people had been removed from death row — a sizeable but largely invisible population. We wanted to see how many people had been re-sentenced, commuted, or released; how many had died awaiting execution; and how long people spent on death row. And we wanted to see who is on death row today.”

Their findings show that capital punishment remains as “arbitrary and capricious” as ever –– and “that the ‘modern” death penalty era remains animated by the same racial dynamics that have always defined capital punishment,” writes Segura.

The series’s four initial stories have been written by reporters Jordan Smith and Liliana Segura: in “Counting the Condemned,” Segura and Smith outline the many ways in which capital punishment has failed as a policy, particularly in its racism, arbitrary application and failure to deliver on claims of public safety.

The Abolitionists,” also bylined by Segura and Smith, show how the abolition of the death penalty has become a bipartisan issue — and a national movement;

The Power to Kill,” by Jordan Smith, looks at the pushback against Florida State Attorney Aramis Ayala after she determined that capital punishment is an unjust practice;

and “Death and Texas,” by Liliana Segura, shows that racial disparities on the Texas death row have increased even as death sentences decline.

December 4, 2019 in Data on sentencing, Death Penalty Reforms, Detailed sentencing data, Race, Class, and Gender, Who Sentences | Permalink | Comments (5)

Tuesday, December 03, 2019

Council on Criminal Justice releases new report on "Trends in Correctional Control by Race and Sex"

This morning the Council on Criminal Justice released this interesting new report detailing notable modern changes in the modern demographics of prison, jail, probaton, and parole populatons.  Like all good data-driven reports, this one defies easy summary, and so I will just here reprint the report's page of "Key Findings":

• From 2000 to 2016, racial and ethnic disparites declined across prison, jail, probaton, and parole populatons in the U.S. For example, the black-white state imprisonment disparity fell from 8.3-to-1 to 5.1-to-1, and the Hispanic-white parole disparity fell from 3.6-to-1 to 1.4-to-1.i

• Black-white disparites in state imprisonment rates fell across all major crime categories. The largest drop was for drug ofenses.  In 2000, black people were imprisoned for drug crimes at 15 tmes the rate of whites; by 2016, that rato was just under 5-to-1.

• Among women, the black-white disparity in imprisonment fell from 6-to-1 to 2-to-1, a sharper decrease than the decline among men. The disparity among women fell because of an increase in the imprisonment rate for whites for violent, property, and drug crimes, and a decrease in the imprisonment of black women for drug crimes.

• The change in the black-white male imprisonment disparity occurred as the number of black men in state prisons declined by more than 48,000 (to about 504,000) and the number of white men increased by more than 59,000 (to roughly 476,000). Comparatvely, the black-white female disparity decreased as the number of black women in state prison fell by more than 12,000 (to about 24,000) and the number of white women increased by nearly 25,000 (to about 60,000).

• Reported ofending rates of blacks for rape, robbery, and aggravated assault declined by an average of 3% per year between 2000 and 2016, decreases that contributed to a drop in the black imprisonment rate for these crimes. This decrease was ofset in part by an increase in the expected tme to be served upon admission, which increased for both blacks and whites.

• Hispanic-white disparites in all four correctonal populatons have narrowed steadily since 2000. For Hispanics and whites on probaton, the data showed no disparity in rates by 2016.

For some context and perspectives on the report, the Marshall Project has this new piece headlined "The Growing Racial Disparity in Prison Time: A new study finds black people are staying longer in state prisons, even as they face fewer arrests and prison admissions overall."

December 3, 2019 in Data on sentencing, Detailed sentencing data, Prisons and prisoners, Race, Class, and Gender, Reentry and community supervision, Scope of Imprisonment | Permalink | Comments (0)

Thursday, November 14, 2019

"Is it me, or is the government releasing less data about the criminal justice system?"

Delayed_bjs_dataThe question in the title of this post is the title of this notable new posting by Wendy Sawyer over at Prison policy Initiative.  I recommend the full extended posting, and here is part of its start and conclusion:

We’ve heard this question from a few advocates and journalists who, like us, depend on the Bureau of Justice Statistics (BJS) and other government data sources for timely information about the justice system.  And while monitoring changes in federal data collections isn’t a core part of our work, we have observed a troubling trend: Since 2017, data releases are slowing down.

We aren’t the only ones who have noticed.  Last month, a coalition representing thousands of academic and nonprofit researchers and advocates wrote to the Office of Justice Programs with questions about missing and delayed data releases as well.

I probably don’t have to convince our regular readers that timely data is essential for identifying both social problems and effective policy solutions — and that it’s especially important in the context of criminal justice, where the human costs are so high.  And admittedly, it’s not news that government justice data has long been less well-funded, less timely, and less comprehensive than, say, labor statistics.

Even so, these publications have slowed even further — and even been curtailed — under the current administration.  To see the extent of this trend, I went through the BJS’ list of publications since 2000 and compared the time between the data collection reference dates and the corresponding report publication dates for six annual report series. I found that there has indeed been a dramatic change in the past several years....

The reasons behind these decisions and delays are unclear — is it funding problems?  Staff shortages?  Changes in leadership?  It could well be any, or all, of these problems.

BJS has been “flat funded” for years, despite the massive growth in the number and size of the correctional agencies they survey, and despite increasing demands for justice system data under laws mandating annual data collection, like the Prison Rape Elimination Act and the Deaths in Custody Reporting Act.  A National Academies publication explains that this has been a problem under both Democratic and Republican administrations, going back decades.

The Crime and Justice Research Alliance and COSSA — the coalition that wrote the October letter to the DOJ I mentioned earlier — suggest that staffing problems may explain the delays.  They write, “[M]any in the criminal justice research community have heard of an alarming decline in the number of BJS staff as a consequence of hiring freezes, staff attrition, and failure to replace departing staff and experts.”  Again, this is an agency that has been chronically underfunded and understaffed relative to the herculean task of collecting and analyzing the nation’s decentralized justice system data.

And then there is the issue of leadership.  With its mandate to produce reliable, large-scale studies with national, state, and local policy implications, effective leadership at BJS requires “strong scientific skills, experience with federal statistical agencies, familiarity with BJS and its products, [and] visibility in the nation’s statistical community,” among other qualities.  That’s according to four former BJS Directors and the President of the American Statistical Association, who wrote to former Attorney General Sessions in 2017 to encourage the appointment of an experienced research director to head up BJS.

That didn’t happen.  Instead, since late 2017, the Bureau of Justice Statistics has been under the leadership of Jeffrey Anderson, whose only prior statistical experience appears to be the co-creation of a college football computer ranking system in 1992.  On criminal justice, all I could find in his history were a handful of 2015-2016 articles in which he argues against criminal justice reform.  In a National Review article, he called Obama-era Washington “tone-deaf on crime,” despite the widespread bipartisan support of criminal justice reform.  Sadly, the problems we’re seeing with data delays and politicized language suggest that the current leadership may not agree about the importance of the agency they lead.

November 14, 2019 in Data on sentencing, Detailed sentencing data, Who Sentences | Permalink | Comments (0)

Sunday, November 10, 2019

"The Effect of Scaling Back Punishment on Racial Disparities in Criminal Case Outcomes"

The title of this post is the title of this recent research paper authored by John MacDonald and Steven Raphael that I just came across.  Here is its abstract:

Research Summary

In late 2014, California voters passed Proposition 47 that redefined a set of less serious felony drug and property offenses as misdemeanors.  We examine how racial disparities in criminal court dispositions in San Francisco change in the years before (2010-2014) and after (2015-2016) the passage of Proposition 47.  We decompose racial disparities in court dispositions into components due to racial differences in offense characteristics, involvement in the criminal justice system at the time of arrest, pretrial detention, criminal history, and the residual unexplained component.  Before and after Proposition 47 case characteristics explain nearly all of the observable race disparities in court dispositions. However, after the passage of Proposition 47 there is a narrowing of racial disparities in convictions and incarceration sentences that is driven by lesser weight placed on criminal history, active criminal justice status, and pretrial detention in effecting court dispositions.

Policy Implications

The findings from this study suggest that policy reforms that scale back the severity of punishment for criminal history and active criminal justice status for less serious felony offenses may help narrow racial inequalities in criminal court dispositions.  Efforts to reduce the impact of racial inequalities in mass incarceration in other states should consider reforms that reduce the weight that criminal history, pretrial detention, and active probation status has on criminal defendants’ eligibility for prison for less serious drug and property offenses.

November 10, 2019 in Data on sentencing, Detailed sentencing data, Offender Characteristics, Offense Characteristics, Race, Class, and Gender | Permalink | Comments (1)

Monday, November 04, 2019

US Sentencing Commission releases updated "First Step Act of 2018 Resentencing Provisions Retroactivity Data Report"

Late week the US Sentencing Commission released this updated new version of its data report titled "First Step Act of 2018 Resentencing Provisions Retroactivity Data Report."  The introduction to the report provides this context and overview:

On December 21, 2018, the President signed into law the First Step Act of 2018.  Section 404 of that act provides that any defendant sentenced before the effective date of the Fair Sentencing Act of 2010 (August 3, 2010) who did not receive the benefit of the statutory penalty changes made by that Act is eligible for a sentence reduction as if Sections 2 and 3 of the Fair Sentencing Act of 2010 were in effect at the time the offender was sentenced.  The First Step Act authorizes the defendant, the Director of the Bureau of Prisons, the attorney for the Government, or the court to make a motion to reduce an offender’s sentence.

The data in this report represents information concerning motions for a reduced sentence pursuant to Section 404 of the First Step Act which the courts have granted. The data in this report reflects all motions granted through September 30, 2019 and for which court documentation was received, coded, and edited at the Commission by October 23, 2019.

These new data from the USSC show that 1,987 prisoners have been granted sentence reductions, and that the average sentence reduction was 70 months of imprisonment among those cases in which the the resulting term of imprisonment could be determined.   Though this data is not exact and may not be complete, it still seems sound to state that this part of the FIRST STEP Act, by shortening nearly 2000 sentences by nearly 6 years, has now resulted in nearly 12,000 prison years saved.

Of course, as I have noted before, the FSA retroactivity provision of the FIRST STEP Act was only a small piece of the legislation.  But these latest data show yet again how this small piece has had big impact in lots of years of lots of lives.  And, of course, people of color have been distinctly impacted: the USSC data document that over 91% of persons receiving FSA sentence reductions were Black and more than another 4% were Latinx.

November 4, 2019 in Data on sentencing, Detailed sentencing data, FIRST STEP Act and its implementation, Race, Class, and Gender | Permalink | Comments (0)

Sunday, October 06, 2019

Encouraging new data on reduced arrests for low-level offenses (while national crime rates continue to decline)

This new Wall Street Journal article gets my week off to an encouraging start.  The full headline of the piece sets for the essentials: "Arrests for Low-Level Crimes Are Plummeting, and the Experts Are Flummoxed: Data collected from U.S. cities revealed declines in driving and alcohol-related violations, disorderly conduct, loitering and prostitution." Here are excerpts:

Major police departments around the country are arresting fewer people for minor crimes, according to a growing body of criminal justice data. New statistical studies show a deep, yearslong decline in misdemeanor cases across New York and California and in cities throughout other regions, with arrests of young black men falling dramatically.

New York City’s misdemeanor arrest totals have fallen by half since peaking in 2010, with rates of black arrests sinking to their lowest point since 1990. The arrest rate for black men in St. Louis fell by 80% from 2005 to 2017, a period that saw steep declines in simple assault and drug-related offenses. In Durham, N.C., arrest rates for blacks fell by nearly 50% between 2006 and 2016.  While racial disparities in enforcement persist, researchers say they are surprised by the downward misdemeanor trend, which pushes against ingrained assumptions about overpolicing in urban areas.

At the moment, experts can only speculate about what’s behind the decline.  It is expected to be the subject of more study that could yield better understanding in the future. Some say the falling arrest rates signal a fundamental shift in crime prevention. The shrinking misdemeanor system, they say, is evidence that police departments are pulling back on sweeping quality-of-life enforcement and focusing instead on “hot spots,” neighborhood strips and streets with clusters of gun violence and gang activity.

The decline, some experts say, could also be driven by technologies like the internet and mobile phones that help to keep social interaction off the streets and inside homes. The growing decriminalization and legalization of marijuana has also contributed, they say.  “The enforcement powers of the police are being used far less often,” said Jeremy Travis, a former president of John Jay College of Criminal Justice in Manhattan. It is a “very deep reset of the fundamental relationship between police and public.”

Millions of Americans are swept into the misdemeanor system every year, but only recently have scholars sought to dig into the numbers of low-level crime. Criminal data and research have focused on violent felonies like rape and murder and more serious drug-dealing offenses, while statistics on misdemeanors have been notoriously inconsistent and spotty.

Historically, few jurisdictions made it possible to track how many people were arrested for crimes like turnstile jumping, disorderly conduct, marijuana possession, shoplifting, trespassing, drunken-driving and fist fight assaults.  Federal investigations into policing practices in Ferguson, Mo., and Baltimore, and scrutiny of aggressive policing tactics like “stop-and-frisk,” helped to raise the visibility of misdemeanor justice and its impact on poor minority communities.  Most defendants charged with petty offenses serve little or no time behind bars but pay court fines and fees or get their cases conditionally dismissed.

Researchers saw misdemeanors as another unchecked, racially unbalanced police power creating barriers to housing, employment and education.  With millions of dollars in grants, a network of scholars led by John Jay collected data from several cities and released reports over the past year.  Other studies revealed similar patterns.  A December report by the Public Policy Institute of California found that misdemeanor rates in California declined by close to 60% between 1989 and 2016.  Los Angeles police made 112,570 misdemeanor arrests in 2008 and 60,063 by 2017, largely driven by declines in driving and alcohol-related offenses, according to John Jay’s research network.

A forthcoming paper by law professors at George Mason University and the University of Georgia also found sizable arrest declines in rural Virginia, San Antonio and other jurisdictions.  Other indications include shrinking caseloads reported by the National Center for State Courts and arrest tallies by the Federal Bureau of Investigation showing steady declines in disorderly conduct, drunkenness, prostitution and loitering violations....

Compared with the felony system, misdemeanor enforcement is much less sensitive to actual crime rates and more influenced by changing political and cultural winds, says Alexandra Natapoff, a University of California-Irvine law professor.

In addition to the great news that we are finally gathering better data on misdemeanor systems, it is even greater news that we are using it less. In this post some months ago, I spotlighted LawProf Alexandra Natapoff's terrific book highlighting how much harm and punishment can come with the misdemeanor process.  And, though not mentioned in the WSJ article, I think it critical to note that the reduction in low-level arrests has come at the same time as a great reduction in violent and property crimes over the last decade (details here on latest FBI crime data).  I think we all ought to hope and aspire for a world with less crime and less punishment, and that seems to be what we are starting to achieve in recent years.

October 6, 2019 in Data on sentencing, National and State Crime Data, Offense Characteristics | Permalink | Comments (1)

Monday, September 23, 2019

Highlighting (just some of) the many challenges of gathering good criminal justice data

This new Los Angeles Times editorial, headlined "Police, prosecutors and courts are keeping California’s criminal justice data a secret," provide a useful reminder of an evergreen reality — namely that good criminal justice data is ever elusive.  Here are excerpts:

A quick flip through the statute books could leave the false impression that California has the nation’s most transparent criminal justice system, the most comprehensively compiled and carefully analyzed crime data, the most penetrating public access — even without a new bill on its way to Gov. Gavin Newsom’s desk.

Since the 1950s, California law has required the state Department of Justice to collect names, numbers and other key facts from every state and local agency dealing in any way with crime, criminals or “juvenile delinquents.”  In the 1970s, lawmakers set standards for sorting and sharing justice data among courts, police, prosecutors, jails and prisons.  In 2016, a new law required the state attorney general to post basic criminal statistics online....

Yet retrieving useful information about California’s justice system is nearly impossible.  More than half of all arrest records fail to show whether the suspect ultimately was convicted, so police can’t tell whether the person they just stopped has a serious felony record.  Innocent people might sit in jail while courts or probation departments try to track down complete rap sheets that really ought to be available with a couple keystrokes.  Violent felons may be left free to buy guns despite being legally barred from doing so. Potential employers can’t tell the difference between a job applicant with a criminal past and one who was once mistakenly arrested.

Meanwhile, inadequate numbers and other data leave the public with no idea whether criminal justice reforms or other new laws are working as they were intended, or whether their courts, cops, prosecutors, probation departments and public defenders are working efficiently and effectively.

How can a state that requires so much information-gathering be so in the dark about its justice system?  In part, it comes down to lack of resources and lack of technological know-how.  Some courts and county agencies (barely) meet their legal requirements by sending paper records to the Justice Department, which then must transcribe the documents into its own data system.  Other agencies have some tech savvy but use systems or software that are incompatible with one another or are no longer supported by the companies that developed them.  And standards for collecting data vary around the state, so all that carefully compiled information has limited utility....

One problem that sets California apart is scale.  The state is huge, and so are the numbers of arrests, dismissals, convictions, sentences, probation orders.  It takes money and expertise to manage all those records.  But it may also be that criminal justice agencies have little enthusiasm for opening their operations to public scrutiny. For example, until recently the California Department of Corrections and Rehabilitation prohibited researchers from publishing findings that officials believed might reflect poorly on the department, according to an April 2019 report by the Stanford Criminal Justice Center and Measures for Justice (an organization seeking to improve justice data collection practices).

The same may be true of other agencies.  A district attorney, for example, has a political incentive to jealously guard data about conviction rates, reversals on appeal and the like.  Judges are wary of being graded on how swiftly cases move through their courts or how many African American defendants, for example, are convicted in their courtrooms, and how long their sentences are compared with convictions and sentences for white defendants.

Assembly Bill 1331, whose fate now rests with Newsom, would close some of the current gaps in criminal history records by tightening reporting requirements for law enforcement agencies and courts.  It would require release of anonymized information to research agencies, which would then be able to sift through data to discover trends or biases.  It would promote better and faster sharing of information among public agencies.

It’s a step forward, and it deserves Newsom’s signature.  But like all those older laws on California’s books, it won’t solve the state’s criminal justice information problem without serious buy-in by courts, police and other participants in the system.  They will have to more fully embrace — on their own or through public and political pressure — their role in producing useful data.

September 23, 2019 in Data on sentencing, Who Sentences | Permalink | Comments (0)

Wednesday, September 18, 2019

"How many people in your state go to local jails every year?"

The question in the title of this post is the heading of this new posting at the Prison Policy Initiative building off the the group's recent big report Arrest, Release, Repeat.  Here is part of the set up to the latest state-by-state data analysis (which requires a click through to see in detail):

County and city jails have been called “mass incarceration’s front door,” but campaigns to reform or close jails often don’t receive the attention they deserve. Why? Because the traditional way we measure the impact of jails — the average daily population — significantly understates the number of people directly affected by these local facilities.

Because people typically stay in jail for only a few days, weeks or months, the daily population represents a small fraction of the people who are admitted over the course of a year. But the statistic that better reflects a jail’s impact on a community — the number of people who go to jail — is rarely accessible to the public.

Thankfully, we can now get close to closing this gap in the data and making the impact of jails clearer.  Building on our new national report Arrest, Release, Repeat, we’re able to estimate the number of people in every state who go to local jails each year.

September 18, 2019 in Data on sentencing, Detailed sentencing data, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (0)

US Sentencing Commission releases FY 2018 third-quarter sentencing data showing continued growth of immigration cases

US Sentencing Commission has this week published here its "3rd Quarter ... Preliminary Fiscal Year 2019 Data."  As previously noted in this post when the USSC released data on offenders sentenced during the first half of fiscal year 2018, the Commission has recently tinkered with how it accounts and reports sentencing data.  This new data run notes some additional tweaking, though the very first chart about federal offenders by type is quite straight-forward and always notable. 

What strikes me as especially notable is that, through the first three quarters on FY19 (which runs through June 30, 2019), a full 37.4% of all federal cases sentences involved immigration offenses.  In FY18, "only" 34.4% of the sentenced case caseload involved immigration offenses, and in FY17 only 30.5% of the sentences cases were immigration cases.  Among other consequences, the fact that so much of the federal sentencing docket is now comprised of immigration cases necessarily impact lots of other sentencing statistics (e.g., the race an nationality of offenders).

As always, many stories might be mined from the latest USSC data, and I welcome reader thoughts on which stories might be the most interesting or important these days.

September 18, 2019 in Data on sentencing, Detailed sentencing data, Federal Sentencing Guidelines | Permalink | Comments (0)

Tuesday, September 17, 2019

"U.S. Prison Population Trends: Massive Buildup and Modest Decline"

The title of this post is the title of this notable new briefing paper authored by Nazgol Ghandnoosh who is a Senior Research Analyst at The Sentencing Project. The short paper is full of great charts and data, and here is the start of the text:

By yearend 2017, 1.4 million people were imprisoned in the United States, a decline of 7% since the prison population reached its peak level in 2009.  This follows a nearly 700% growth in the prison population between 1972 and 2009.

The overall pace of decarceration has varied considerably across states, but has been modest overall. Thirty-nine states and the federal government had downsized their prisons by 2017.  Five states — Alaska, New Jersey, Vermont, Connecticut, and New York — reduced their prison populations by over 30% since reaching their peak levels.  But among the 39 states that reduced levels of imprisonment, 14 states downsized their prisons by less than 5%. Eleven states, led by Arkansas, had their highest ever prison populations in 2017.

If states and the federal government maintain this pace of decarceration, it will take 72 years — until 2091 — to cut the U.S. prison population in half.

The United States has made only modest progress in ending mass incarceration despite a dramatic decline in crime rates.  Reported crime rates have plummeted to half of their 1990s levels — as they have in many other countries that did not increase imprisonment levels.  Expediting the end of mass incarceration will require accelerating the end of the Drug War and scaling back sentences for all crimes, including violent offenses for which half of people in prison are serving time.

September 17, 2019 in Data on sentencing, Detailed sentencing data, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (4)

Tuesday, August 27, 2019

"Arrest, Release, Repeat: How police and jails are misused to respond to social problems"

The title of this post is the title of this notable new report from the Prison Policy Initiative authored by By Alexi Jones and Wendy Sawyer.  Here is how the report gets started:

Police and jails are supposed to promote public safety. Increasingly, however, law enforcement is called upon to respond punitively to medical and economic problems unrelated to public safety issues.  As a result, local jails are filled with people who need medical care and social services, many of whom cycle in and out of jail without ever receiving the help they need.  Conversations about this problem are becoming more frequent, but until now, these conversations have been missing three fundamental data points: how many people go to jail each year, how many return, and which underlying problems fuel this cycle.

In this report, we fill this troubling data gap with a new analysis of a federal survey, finding that at least 4.9 million people are arrested and jailed each year, and at least one in 4 of those individuals are booked into jail more than once during the same year. Our analysis shows that repeated arrests are related to race and poverty, as well as high rates of mental illness and substance use disorders.  Ultimately, we find that people who are jailed have much higher rates of social, economic, and health problems that cannot and should not be addressed through incarceration.

August 27, 2019 in Data on sentencing, Detailed sentencing data, Prisons and prisoners, Race, Class, and Gender, Who Sentences | Permalink | Comments (2)

Yet another great set of new Quick Facts publications from US Sentencing Commission

I am always eager to praise the US Sentencing Commission for continuing to produce a steady stream of its insightful little data documents in its terrific series of reader-friendly "Quick Facts" publications (which are designed to "give readers basic facts about a single area of federal crime in an easy-to-read, two-page format").  In this post four week ago, I noted a whole bunch of new Quick Facts released in July 2019.  I now see the USSC has this month released a bunch more Quick Facts on a lot of major federal sentencing topics based on the USSC's recently released 2018 fiscal year data.  Here are these newer releases:

Sentencing Issues

Offender Groups

Immigration

Economic Crime

Other Chapter Two Offenses

August 27, 2019 in Data on sentencing, Detailed sentencing data, Federal Sentencing Guidelines | Permalink | Comments (0)

Sunday, August 25, 2019

"Whom the State Kills"

The title of this post is the title of this notable new empirical paper authored by Scott Phillips and Justin Marceau now available via SSRN. Here is its abstract:

Through original quantitative research we show that persons convicted of killing a white victim and sentenced to death are more likely to be executed than persons convicted and sentenced to death for killing a black victim.  Previous research documents numerous forms of arbitrariness and racial disparity in the administration of the modern death penalty, but focuses exclusively on the charging and sentencing patterns of prosecutors and juries.  Previous research also reveals that implicit bias operates within the institutions tasked with seeking and obtaining sentences of death.  Our original research shows that the problem of disparate racial outcomes is actually exacerbated through the work of our most trusted check on the death penalty, appellate courts.

Building on David Baldus’s storied dataset from Georgia, we demonstrate that the racial disparities he discovered in the penultimate stage of the case — death sentences — were amplified in the ultimate stage of the case — executions.  Combining both phases reveals a stunning pattern: the execution rate is roughly 17 times greater in white victim cases than black victim cases.  Although Baldus could not have known how the cases would unfold post-sentencing, our findings indicate that the racial disparities described in McCleskey v Kemp (1987) underestimated the extent of the death penalty’s arbitrariness problem.

August 25, 2019 in Data on sentencing, Death Penalty Reforms, Sentences Reconsidered, Who Sentences | Permalink | Comments (2)

Tuesday, August 13, 2019

"Gatekeepers: The Role of Police in Ending Mass Incarceration"

The title of this post is the title of this lengthy new Vera Institute report.  Here is a paragraph from the report's introduction:

With a growing consensus that local jails are a primary locus of mass incarceration, data on arrest trends points to an urgent need to focus more deliberately on one of the problem’s primary points of origin: policing practices.... Police officers, as gatekeepers of the criminal justice system, hold almost exclusive authority — by way of citations, arrests, and even physical force — to enforce and regulate the law.  And they have increasingly been asked to do this in situations that involve societal problems that would be better resolved in the community — problems like homelessness, mental illness, and substance use.  Although arrest volume is down across almost all offense categories since its high-water mark of 15 million in 1997, nationally there are still roughly 28,000 arrests every day, which equates to one arrest every three seconds or approximately 10.5 million every year.  By virtue of their arrest, all these people face probable jail incarceration.  This volume does not reflect an increase in arrests for serious crimes.  In fact, the proportion of serious violent crimes among all arrests — less than 5 percent — has not changed in decades.  Rather, arrests most often occur in response to minor offenses — including drug use violations and disorderly conduct — which account for more than 80 percent of total arrests.  This mass enforcement of relatively minor law violations suggests that policing practices currently tend toward punitive approaches — that is, those that prioritize arrest and frequently lead to time behind bars—in ways that are often not necessary to achieve public safety.

August 13, 2019 in Data on sentencing, Procedure and Proof at Sentencing, Who Sentences | Permalink | Comments (0)

Sunday, August 11, 2019

"Between 2007 and 2017, 34 States Reduced Crime and Incarceration in Tandem"

The title of this post is the title of this recent posting over at the Brennan Center for Justice authored by Cameron Kimble and Ames Grawert. The subheading provide a summary of its main points: "Some still argue that increasing imprisonment is necessary to reduce crime. Data show otherwise." Here are excerpts:

It’s now been several decades since states around the country began experimenting with criminal justice reform — specifically, by reducing the number of people behind prison bars. Now we can start to take stock of the results. They’re encouraging — but with the prison population still sky-high, there’s a lot more to do.

Between 2007 and 2017, 34 states reduced both imprisonment and crime rates simultaneously, showing clearly that reducing mass incarceration does not come at the cost of public safety. The total number of sentenced individuals held in state prisons across the U.S. also decreased by 6 percent over the same decade. And these drops played out across the country....

While it’s tempting to focus on the Southern states — which were some of the most notable early adopters of reform — reductions in the last decade occurred across the board. The Northeast saw the largest average decline in imprisonment rate (24 percent), with only Pennsylvania recording an increase (3 percent). Crime rates also dropped fastest in the Northeast region, falling by just over 30 percent on average.

By contrast, the Midwest saw imprisonment rates drop by only 1 percent on average, and that modest reduction was driven by Michigan (20 percent), where recent criminal justice reforms are focused on reducing recidivism. With returns to prison down 41 percent since 2006, the state is home to one of the most comprehensive statewide reentry initiatives in the country....

It’s tough to say why some states successfully reduced their prison population while others failed. One possible commonality relates to socioeconomic well-being. Over half of the states where imprisonment rates grew had poverty rates above the national average as well. Those states were also some of the hardest hit by the opioid epidemic. West Virginia typifies this experience: crime rates dropped, but incarceration rose amidst the state’s struggles with opioid abuse and poverty....

The data clearly demonstrate that the United States’ prison population can be reduced without sacrificing the public safety gains of recent decades. Thirty-four states seem to have accepted this notion, as reflected by their (often) sharp declines in rates of imprisonment. Others lag far behind.

To this day, the United States imprisons its citizens at a higher rate than any other Western democracy. Though recent progress is surely encouraging, at the current rate of decarceration it would take nearly 40 years to return to imprisonment rates observed in 1971 — the last time the national crime rate was this low. And some aspects of justice reform are moving backwards. According to one recent study, jail reform is a purely urban phenomenon, as rural incarceration rates are actually increasing.

There’s no single solution to mass incarceration. Instead, states must continue making efforts to reduce imprisonment. And the minority of states that have not embraced decarceration need not look far to see that overreliance on incarceration is an ineffective and expensive means of keeping the public safe.

August 11, 2019 in Data on sentencing, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (4)

Thursday, August 01, 2019

Another round of great new Quick Facts publications from US Sentencing Commission

I am always eager to praise the US Sentencing Commission for continuing to produce a steady stream of its insightful little data documents in its terrific series of reader-friendly "Quick Facts" publications ( (which are designed to "give readers basic facts about a single area of federal crime in an easy-to-read, two-page format"). And I have recently seen that there are a number of new Quick Facts on a lot of major federal sentencing topics based on the USSC's recently released 2018 fiscal year data. Here are some these newer publications:

Drugs

Firearms

Offender Groups

August 1, 2019 in Data on sentencing, Detailed sentencing data, Drug Offense Sentencing, Federal Sentencing Guidelines | Permalink | Comments (0)

Saturday, July 27, 2019

Is "comprehensive data" necessary and sufficient to "guide good policymaking" in the criminal justice system?

The question in the title of this post is prompted by this recent commentary in Governing authored by Chris Sprowls under the full headline "The Transparency the Criminal Justice System Needs: We can't have effective policymaking without comprehensive data. By mandating standardized data collection across the state, Florida is leading the way."  Here are excerpts:

What does justice in America look like?  Policymakers, law enforcement officers and academic researchers across the country have been struggling with that question, particularly as it applies to the local jails and state prisons where most offenders are held.  This issue differs from other public debates because all of us -- conservative or liberal, Republican or Democrat -- share a common goal: We all want to reduce unnecessary incarceration while maintaining public safety and freeing up tax dollars to be used for other public priorities.

Unfortunately, when it comes to incarceration, this debate has been long on passion and painfully short on facts.  That became clear two years ago, when an organization called Measures for Justice came to Florida to talk about criminal justice reform. What did criminal justice in Florida look like?  Was the system keeping communities safe? Were our tax dollars being used in efficient and effective ways?  Measures for Justice told us that we didn't know enough to answer those simple questions.

This rang true based on my experience as a gang and homicide prosecutor.  When you prosecute a case, you are focused on a snapshot of the system -- this victim, that perpetrator, these facts. It becomes very easy to lose sight of how a single case fits into the larger picture and how our actions compare to what prosecutors, judges and juries are doing in other jurisdictions.  Without access to data, we had no objective measures to use to validate our theories, disprove our assumptions or test our biases.  Even when we tried non-traditional solutions, such as the veterans court I helped to create in my state judicial circuit, we made decisions based more on instinct and observation than on information....

Florida is known as the Sunshine State, and we take that moniker seriously.  A year ago, the legislature passed a landmark criminal justice data transparency law that will go a long way toward tearing down institutional barriers and shedding light on a system that has mostly operated in the shadows.  The law mandates the standardized collection of common-sense data points in all of Florida's counties, and the legislature appropriated $1.67 million for its implementation.

This comprehensive data, spanning the criminal justice process from arrest to post-conviction, will be aggregated and made available to the public, for free, in one centralized repository.  The public, law enforcement, prosecutors, advocates and lawmakers will be able to compare the quality of justice across counties within the state.  We will finally have the data necessary to spot trends in the system and guide good policymaking.  In the this year's legislative session, lawmakers appropriated another $5.7 million to ensure that this is the nation's most ambitious pursuit of criminal justice transparency.

Other states are following suit with their own approaches to criminal justice transparency.  Colorado just passed a bill that requires jail administrators to collect data on individual cases and jail populations, and to report to a statewide agency quarterly.  Connecticut just passed a bill that requires prosecutorial data to be collected and shared alongside data germane to parole revocations.  These measures are a start in the right direction, as is a California bill making its way through the legislative process that would expand collection of criminal justice system data.   And more states are poised to follow Florida's lead.

With reliable, standardized and publicly available data, we will be able to make criminal justice policy decisions that are freer of assumptions, stereotypes and prejudice. We will be able to build the kind of criminal justice system that every American can have faith in. This is one issue where the truth really can set people free.

I share this author's affinity for "reliable, standardized and publicly available data" about the operation of our criminal justice system. But, to answer the question in the title of this post, I think that such data is necessary, but not sufficient, for good policymaking. We have really good data about the operation of death penalty systems, but few think we have use this data to drive policy in a good direction in many jurisdictions. Similarly, we have long had pretty good data about the federal sentencing system, but it is still one of the most punitive in the world.

July 27, 2019 in Data on sentencing, Detailed sentencing data | Permalink | Comments (1)