AG Sorrell urges legislators to adopt resolution to reduce Vermont’s reliance on incarceration

JOINT RESOLUTION RE: REDUCTION OF VERMONT INCARCERATION RATES

WHEREAS, it is a core responsibility of our government to evenhandedly enforce its laws and protect its citizenry from criminal behavior; and

WHEREAS, some individuals convicted of serious criminal behavior should be incarcerated to protect the public and ensure victim safety, to afford the offender the opportunity for rehabilitation, to deter others from committing crimes and/or to punish the offender; and

WHEREAS, police, prosecutors, judges and corrections personnel often face significant public pressure to be “tough on crime”; and

WHEREAS, during the past approximately twenty years, the rate of reported violent crime nationally has been reduced by nearly 50%; and

WHEREAS, Vermont’s rate of violent crime is approximately one-third the national average and during the past approximately twenty years has remained steady; and

WHEREAS, in recent years the rate of opiate addiction in Vermont has increased significantly; and

WHEREAS, over the past decade, property crime rates in Vermont have not decreased as significantly as have national property crime rates; and

WHEREAS, despite these trends in crime rates, the rate of incarceration, both nationally and in Vermont, has increased dramatically over the past approximately forty years; and

WHEREAS, between 1975 and 2009, incarceration in federal and state prisons on a per capita basis increased almost five-fold; and

WHEREAS, as of 2011, 2.2 million individuals were incarcerated in either a state or federal prison or in a local jail; and

WHEREAS, the United States currently has the world’s highest incarceration rate with nearly 1 out of every 108 American adults behind bars; and

WHEREAS, in 2013, Vermont’s incarceration rate was approximately half the national average incarceration rate; and

WHEREAS, in mid-1974, Vermont had a general population of approximately 450,000 and an incarcerated population of less than 500 inmates; and

WHEREAS, in mid-December, 2015, Vermont had a general population of approximately 620,000 and an incarcerated population of approximately 1783 inmates; and

WHEREAS, Vermont’s general population grew just over 35% over the last forty years, but its incarcerated population grew by more than 300% during that same period; and

WHEREAS, Vermont’s incarcerated population includes both sentenced offenders and pre-trial detainees; and

WHEREAS, at the end of FY15, Vermont’s incarcerated population included approximately 365 pre-trial detainees, and 424 inmates held beyond their minimum release dates, of whom approximately 131 lacked housing options deemed appropriate for supervised release; and

WHEREAS, in mid-December, 2015, Vermont’s incarcerated population included 144 female inmates, of whom 74 had been convicted of a violent crime; and

WHEREAS, the number of inmates in the custody of the Vermont Department of Corrections exceeds, and has exceeded for more than 15 years, the capacity of the Department’s in-state correctional facilities; and

WHEREAS, Vermont has entered into contracts to house nearly 500 inmates in privately run out-of-state prisons, and in mid-December 2015 housed 241 inmates in a privately run out-of-state prison in Michigan; and

WHEREAS, more than 90% of inmates currently in the custody of the Vermont Department of Corrections will eventually be released into the community; and

WHEREAS, corrections spending in Vermont has increased dramatically during the past forty years, rising from approximately $6.6M in FY75 to approximately $152M in FY14, an increase of more than 2000% (inflation adjusted increase of over 400%); and

WHEREAS, in FY14, the average cost to incarcerate an inmate in a Vermont prison was $59,640 per inmate; and

WHEREAS, since FY10, between 40% and 50% of inmates in the custody of the Vermont Department of Corrections have served time beyond their minimum release date; and

WHEREAS, opportunities are available for some inmates to work, receive educational and vocational training, and participate in self-help groups, parenting groups, religious activities, and recreational activities; many inmates, families, and advocacy groups have expressed a desire to increase opportunities for rehabilitative programming during the entirety of inmate sentences; and

WHEREAS, during FY15, approximately 295 incarcerated offenders were enrolled in or completed Industry Recognized Certification programs; and

WHEREAS, during FY15, 73 offenders worked in Vermont Correctional Industries jobs at two Vermont correctional facilities; and

WHEREAS, during FY15, approximately 585 Vermont inmates worked on outside work crews or on correctional facility jobs; and

WHEREAS, research demonstrates that community-based drug treatment programs, particularly when coupled with close supervision, can significantly reduce recidivism rates and corrections costs; and

WHEREAS, research demonstrates that restorative justice is effective in holding offenders accountable and meeting the needs of victims while leading to cost-effective reduction in repeat offending; and

WHEREAS, research has shown that overall, controlling for other factors, incarceration itself increases the likelihood of criminal activity upon release; and

WHEREAS, California’s Back on Track program, costs $5,000 per participant compared to $50,000 to house a low-level offender in a correctional facility (a 90% cost savings) and graduates of the program have a 10% recidivism rate, compared to 53% among drug offenders generally in California (80% lower); and

WHEREAS, Philadelphia’s The Choice is Yours program achieved similar cost and recidivism rate reductions for similar offender profile participants; and

WHEREAS, approximately 6,000 children in Vermont were affected by a parent’s incarceration.

WHEREAS, parental incarceration increases the risk of children living in poverty and experiencing household instability; and

WHEREAS, children with incarcerated parents are more likely to struggle with attachment, mental health issues, behavioral issues, academic difficulties, drug and alcohol use, and teenage pregnancy; and

WHEREAS, studies have shown that incarcerating an offender in proximity to his family and community can reduce recidivism; and

WHEREAS, research has also shown that, where appropriate, offenders are more likely to sustain relationships with family members after release if they are able to maintain contact with their family during incarceration and that tensions are not as high within prisons when offenders receive regular visits; and

WHEREAS, as corrections spending increasingly strains state budgets throughout the nation, a number of states, including Vermont, have acted in recent years to reduce incarceration rates; and

WHEREAS, at three well-attended public hearings conducted during December, 2015 in White River Junction, Rutland and Burlington, Vermont, speakers, while recognizing the importance of victim and public safety, overwhelmingly expressed support for reduced reliance on incarceration, non-incarcerative treatment options for those suffering from mental health and/or addiction problems, shifts of any savings resulting from less incarceration to better treatment programs, more affordable, stable housing and transportation options, more educational and vocational opportunities, and stronger community resources to support those released from prison and those convicted of crimes but not sentenced to periods of incarceration; and

WHEREAS, for budgetary, rehabilitative, and other reasons, Vermont should significantly reduce the number of inmates housed in out-of-state facilities; and

WHEREAS, Vermont is a leader in attempting to reduce incarceration and recidivism through efforts including: the 2008 justice reinvestment strategy, adoption of incarceration alternatives such as intermediate sanctions, adoption of restorative justice as a state policy, enactment of Act 195 of 2014 and the attendant actions to provide treatment options to individuals with mental health and/or substance abuse problems and to remove them from the traditional criminal justice pipeline when appropriate; and

WHEREAS, this commitment will not be realized without the full support and resolve of the Legislature, state and local leaders, Vermont communities, and Vermonters;

WHEREAS, Vermont can retain its commitment to an effective criminal justice system that protects the public while, at the same time, reducing its reliance on incarceration; and

WHEREAS, Vermont, due to its relative size and sense of community involvement, can continue to lead the nation in efforts to further reduce its rate of incarceration;

WHEREAS, incarceration rates can be decreased by reducing the number of individuals detained before trial, reducing the number of criminal defendants sentenced to prison terms upon conviction, reducing the length of sentences for those to be incarcerated, expanding early release options, modifying the penalties imposed for minor probation, parole, and early release requirement violations, and engaging in programming and practices that reduce recidivism; and

WHEREAS, the reduction in incarceration rates can only be achieved through an overarching commitment by prosecutors, judges, and Department of Corrections personnel to consider the consequences of incarceration when balancing public safety and the prevention of recidivism in the thousands of decisions made in individual criminal cases; and

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That we are hereby committed, as the public policy of this state, through individual and collective actions, to enhance public safety and public confidence in the criminal justice system while significantly reducing our reliance on incarceration as a reaction to violations of our criminal laws.