Transcript Streamline the Criminal Justice System

Philadelphia Prison System
Leon King, Esq.
Commissioner
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Mar-98
Apr-98
May-98
Jun-98
Jul-98
Aug-98
Sep-98
Oct-98
Nov-98
Dec-98
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Average Daily Population
10000
9000
8000
7000
6000
5000
4000
3000
2000
1000
Adults Arrested
Admitted
ADP
The increased ADP is the result of longer LOS(33), not a deterrent effect of
incarceration.(43)
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Number of Inmates
Average Daily Population for Females
and Juveniles
1000
900
800
700
600
500
400
300
200
100
0
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Length of Stay for Inmates
1 Day, 3%
2 Days, 10%
3 Days, 7%
4 Days, 5%
14+ Days, 54%
5-14 Days, 26%
The Length of Stay for inmates has been increasing. Previously the LOS was as
low as 50 days; now it is about 89 days.(33)
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Summary: The Increasing PPS Population
Reasons for the increasing PPS population:
1.
2.
3.
4.
5.
6.
7.
The use of detention has appeared to have increased proportionately as an
outcome of the preliminary arraignment stage, while the “riskiness” of the
entering caseload has not worsened empirically.(86)
The increased arrests for drug possession and distribution, respectively.
The increased use of confinement for SMI defendants.
The increased technical violations for Probation and Parole defendants.(24)
The increased rate of defendants with multiple holds, pretrial detainers, bail
related holds, and bench warrants.(24)
The increase in homicide in Philadelphia has not resulted in significant
increases in the City’s Criminal Justice caseload or the PPS population.
Increased caseload in the Municipal and Common Pleas Courts.(24)
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The increased processing times in both Courts.
Not enough resources in either court to keep up with the caseloads.
This has contributed to an increased LOS in the PPS.
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Estimated Percent of Total Population
Confined for Only One “Hold”
(45app)
Awaiting sentence
only
1%
Bail only
28%
Combination of
holds
43%
Bench warrants
only
3%
Probation/parole
violation detainers
6%
est. n. = 8,415
Serving sentences
only
17%
Miscellaneous only
2%
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ACCIDENT INV
PERSON
INJURY/DEATH
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INVOLUNTARY
MANSLAUGHTER
7
71
755
5000
3475
DRUG RELATED USE OR DEALING
2000
VIOLENCE
RELATED
1527
THEFT/PROPERTY
RELATED
1000
OTHER LEGAL
VIOLATION
626
UNKNOWN
341
SEX RELATED
CRIME
WEAPON
RELATED (NONUSED)
AUTO RELATED
Number of Inmates
Inmates’ Most Serious Charge as of
7/07
6000
1481
4000
3000
4172
2128
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Seriously Mentally Ill (SMI) as of 7/07
At Present, the PPS has over 1400 SMI Inmates. 851 inmates are charged with
following non-violent charges.
300
250
240
200
150
106
100
84
58
50
46
19
14
8
7
7
6
0
5
4
3
2
1
1
Total
THEFT BY UNLWF TAKING OR DISPO
CRIMINAL TRESPASS
RETAIL THEFT
PROSTITUTION & RELATED OFFENSE
UNAUTH USE OF AUTO & VEHICLES
DISORDERLY CONDUCT
FORGERY
DUI-ALCOHOL OR DRUGS
DUI OF ALCOHOL OR CONTL SUBST
FLEEING TO ELUDE POLICE OFF
CRIMINAL TRESSPASS
CREDIT CARDS
BAD CHECKS
THEFT OF SERVICES
TRADEMARK COUNTERF
ALCOHOLIC BEVERAGES
UNLAWFUL USE OF COMPUTER
Philadelphia’s tax payers, the Criminal Justice System and many of these inmates would be
better served in alternative detention facilities (under discussion – see last slide).
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Bail Amounts of Defendants Detained
Bail denied, 11%
Over $50,001, 21%
Less than $500, 1%
$501-$1,499, 1%
$1,500-$4,999, 12%
$5,000 , 11%
$50,000 , 21%
$5,001-$7,500, 4%
$7,500-$9,999, 4%
$10,001-$49,000,
21% est. n. = 4,727
$10,000 , 7%
Approximately 1200 inmates have a bail of $5,000 or less(52app) – this includes multiple holds.
The literature shows no relation between cash bail and prevention of crime during release (87).
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The PPS Population Growth
The following are interconnected reasons for PPS growth:
•Increased PPD arrests and, specifically, drug arrests (16), have lead to…
•Increased case load (10) in the Courts, which, together with “pretrial release
guidelines” are no longer yielding a reduction in PPS admissions (80), has lead to…
•An increased use of housing inmates in the PPS at the front end by the
Municipal Court and lower numbers of plea cases in both Municipal and
Common Pleas Courts. (80)
•Increased numbers of inmates detained with a low bail, many of whom had…
•Multiple holds, and many of these were detained for…
•Violation of probation/parole.
– The increased use of probation and parole has also led to an increase in
violations which result in wanted cards and detainers and eventually
incarceration with additional holds. And, as the work load for Probation
and Parole increased, resources were not. (24)
•In addition, SMI inmates have made up an increasing percent of the PPS census.
(32 & 80)
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Drug and Non-Drug Cases Entering at
Preliminary Arraignment
Non-Drug Cases: Projections for a steady volume of nondrug cases entering the criminal process at preliminary
arraignment are from a low 600 to a high of 730 cases per
week, through 2007. Not all of these reach the PPS, but as
preliminary arraignment increases, so too will the admissions
rate at the PPS
(16)
Drug Cases: Projections suggests that the number of drug
cases will increase slightly from 350 in 2005 to around 400
drug cases entering the Municipal Court, per week, through
2007. Drug cases have played a major role in arrests and in
criminal caseload in Philadelphia courts and the PPS
particularly since the late 1980s. Not all of these reach the
PPS, but as preliminary arraignment increases, so too will the
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admissions rate at the PPS
(16)
Municipal Court
The Municipal court handles over 3100 cases per month (78% of the City’s load.) (81) And
this is expected to increase 14% by 2012.(18)
From 2003 to 2005, Municipal Court inventory increased by 40%, and the Court has
resolved misdemeanor cases, increasingly, through the use of trial(81) which results in an
increased PPS population and LOS for other detained inmates.
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Resources have not accompanied increases in caseload, (or court procedures do not keep up with
the new numbers), volume alone is an exacerbating role that extends to the PPS.(81)
There is a relatively “longer period” between preliminary arraignment and misdemeanor
adjudication, and between preliminary arraignment and preliminary hearing in felony
cases.(23)
Though Municipal Court cases “stay” in pending status for much briefer periods than
felony cases at the Common Pleas level, the large volume of cases in the Municipal Court
inventory throughout the last years makes the inventory a potentially significant factor for
in Philadelphia’s criminal justice system.(17)
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Common Pleas
The Common Pleas court handles over 880 cases per month (22%
of the City’s load.) And this is expected to increase 18% by 2012. (18)
The direction of the trend in the number of undisposed cases in
Common Pleas at year’s end has greater potential significance for
local confinement than the Municipal Court year-end inventory—
despite the much smaller volume of Common Pleas in inventory.(18)
Felony cases are increasing and as this increases, so too, does the
caseload, which has led to increased pretrial confinement.(23)
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Municipal and Common Pleas
Both share some common themes:
• The processing of Probation/Parole violations have increased over the last
decade. Persons awaiting violation proceedings make up to 25% of the PPS
Population.
• Dismissals are the most commonly occurring one-year outcome in a
Philadelphia court case.(84)
– 25% of misdemeanor cases ended in dismissal
– 69% of preliminary hearings resulted in dismissal
– 12% of cases in Common Pleas for adjudication ended in dismissal
• About 25% of defendants enter the system already on pretrial release in other
cases. Thus, bench warrants pose significant obstacles as they represent
additional holds facing incoming cases.(84)
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Municipal and Common Pleas
Other, 9%
Charges dismissed,
34%
Convicted (plea or
trial), 28%
Charges acquitted,
3%
Of all (non-homicide) defendants, 73% had reached adjudication within
12 months from preliminary arraignment; 27% had not.(53)
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Misdemeanor Trial vs. Plea Disposition
Because trial disposition generally takes longer than
guilty pleas in Municipal Court and result in a higher
probability of some confinement, one implication of
research projections is that misdemeanor defendants
may more often be confined and, when confined, may
spend longer in confinement as pleas remain the less
common method of case resolution.
(20)
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Diminishing Returns on Incarceration
Incarceration has been estimated to be responsible for about a 20% reduction
in criminal activity, in the short-term. However, in the long-term, with increased
use of incarceration, there is also the effect of diminishing returns and even
more crime. With increases in persons incarcerated, the deterrent effect of
incarceration decreases (Blumstein, et al, 2006). This occurs for several reasons:
•The increasing incarceration of non-serious/violent criminals leads to
decreased effectiveness because many of these individuals would have been
unlikely to re-offend, anyway.
•A criminal record is associated with non-serious criminals, as well as serious
criminals; this impedes prospects for future employment, which creates
increased risk factors for later criminal activity.
•Criminogenic behaviors and attitudes are learned while incarcerated, which is
especially a significant risk factor for non-serous/violent criminals.
•The increased resources on incarceration leads to decreased resources for other,
more effective crime reduction strategies.
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Suggestions to Streamline the
Criminal Justice System
The Court could expedite system changes designed to:
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speed up processing times regarding preliminary arraignment
address case consolidation on multiple hold defendants
expand the use of video conferencing
develop a “Day Reporting” alternative to detention for pretrial detainees
increase referrals for “Treatment Courts” for non-violent drug users
create alternative detention and treatment for SMI defendants who meet certain
criteria
allow bail commissioners to dispose of bench warrants at the preliminary hearing
stage
alternative sanctions for technical violations of probation and parole
ensure that inmates whose aggregate sentence is greater than 23.5 months are
confined to the State Department of Corrections
redeploy probation and parole
The City continues its commitment to monitor these performance
indictors through its AXIOM database.
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