South Dakota Public Safety Improvement Act

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The goals:

1. Improve public safety by investing in programs, practices, and policies that have been proven to reduce recidivism.

2. Hold offenders more accountable by strengthening community supervision.

3. Reduce corrections spending and focus prison space on violent, chronic, and career criminals.

The Act did NOT address topics such as:

• Legalization of any drugs

• Releasing any current inmates from prison

• Juvenile justice, death penalty, sex offender registry

• Root causes of crime such as education, poverty, etc.

South Dakota Public Safety Improvement Act

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South Dakota’s prison population rose more than 500% in the past 35 years

3

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

19

77

19

79

19

81

19

83

19

85

19

87

19

89

19

91

19

93

19

95

19

97

19

99

20

01

20

03

20

05

20

07

20

09

South Dakota’s Prison Population

3,434

546

$0

$10,000,000

$20,000,000

$30,000,000

$40,000,000

$50,000,000

$60,000,000

$70,000,000

$80,000,000

$90,000,000

$100,000,000

FY81 FY91 FY01 FY11

DOC General Funds (Inflation-Adjusted to 2012)

DOC General Funds(Inflation-Adjusted to 2012)

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3,673

4,580

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

4,500

5,000

2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022

Historical Prison Population Forecasted Prison Population

New Women’s Facility

New Men’s Facility

25% growth in the next 10 years

The prison population is projected to grow by 25% in the next 10 years at a cost of $224 million.

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South Dakota has increased its reliance on

prison versus probation

Source: Bureau of Justice Statistics, National Prisoner Statistics Series

103%

-1%

-20%

0%

20%

40%

60%

80%

100%

120%

Change in admissions to prison Change in admissions to probation

Change in Admissions to Prison and Probation, 2000-2010

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Overall Crime Rate

Imprisonment Rate

US -19% +1.6% SD -9% +18%

• SD’s imprisonment rate has risen more than the national average

• State’s decline in crime rate has not kept pace with the national reduction

Crime and Imprisonment: 2000 to 2010

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Over 80% of prison admits were convicted of nonviolent crimes

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Violent 19%

Nonviolent Person

1%

Property 18%

Drug 31%

DWI 22%

Other 9%

FY12 Admissions for New Commitments • Over 80% of offenders

admitted to prison sentenced for nonviolent crimes

• Over 50% were for drug or alcohol crimes

• 70% of drug offender inmates are in for possession (30% for distribution/manufacturing)

1 out of 4 prisoners in for a parole violation

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New Commitment

70%

Other 5%

Parole Violator

25%

Prison Population by Admission Type, July 2012 • The length of time parole

violators serve in prison has grown 28% since FY05

• Offenders spent 43% longer on parole in FY12 than in FY00

• While some had more serious violations as well, in a one month sample, 45% of parole revocations involved a drug or alcohol condition violation

Criminal Justice Initiative Work Group Policy Areas

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Statutory Review

Supervision and Reinvestment

Efficiency & Sustainability

1. Differentiate among levels of criminal conduct; 2. Create presumptive probation for Class 5 and 6

felonies; 3. Ensure 180 day sanctions for probationers can

be used for swift and certain sanctions.

1. Focus supervision on high-risk offenders; 2. Improve supervision of probationers and

parolees; 3. Specialized programs and services to improve

outcomes.

1. Measure and evaluate implementation of reforms;

2. Improve training on evidence-based practices; 3. Improve efficiency and accessibility of systems.

Supervision and Reinvestment Policies

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1. Focus supervision on high-risk offenders • Create earned discharge from probation

and parole.

2. Improve the supervision of probationers and parolees

• Enhance supervision through Evidence-Based Practices

• Develop and use graduated sanctions in probation supervision

• Strengthen risk and needs assessments used by probation and parole

• Improve outcomes through housing option for CTP offenders

3. Specialized programs and services to improve outcomes

• Create HOPE Phase I and II • Enhance and expand

alternative courts • Create community

supervision pilot program tailored for Tribal Communities

• Provide evidence-based substance abuse treatment services and cognitive behavioral therapy

DOC UJS DSS

Statutory Review Policies

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1. Differentiate among levels of criminal conduct

• Create a tiered controlled substance sentencing statute.

• Create more targeted punishments for grand theft.

• Enhance options for sentencing DUI offenders.

• Differentiate sentencing for different levels of criminal conduct in burglary.

2. Create presumptive probation for Class 5 and 6 felonies, with exceptions for sex offender registry and violent offenses and for cases with a risk to public safety.

3. Ensure 180 day sanctions for probationers can be used for swift and certain sanctions.

UJS

Efficiency & Sustainability Policies

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1. Measure and evaluate implementation of reforms

• Assign a group to be responsible for monitoring/evaluation of EBP

• Require data collection and reporting on performance and outcome measures

• Require fiscal notes be placed on bills and ballot initiatives impacting prison population

2. Improve training on evidence-based practices

• Provide Parole Board and Judicial training

• Require training for probation and parole officers

3. Improve efficiency and accessibility of systems

• Create a statewide victim notification system

• Improve collection of restitution through a joint DOC-UJS collection approach

• Create a reinvestment fund to align incentives for local jurisdictions

• Limit Preliminary Hearings to Felony Cases

DOC UJS DSS AG

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

8.0%

FY 2010 FY 2011 FY 2012 FY 2013

Statewide Percentage of Felony Probationers Terminated for

Probation Violations and Sent to Penitentiary or County Jail

Performance Measures

• Oversight Council is required to “review performance and outcome measures proposed by DOC, UJS and DSS.”

• Overview of Goal and Purpose of Performance Measures

• More than data collection – Trends

– Percentages

• Plans going forward

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