Analysis Area 1: (A) Assess behavioral health (BH) challenges, especially opioid addiction, and their impacts on people in the criminal justice system, including assessing the availability, funding, and oversight of treatment resources. (B) Analyze jail and prison-based programming and treatment, including that related to diversion and reentry.
Background: Behavioral health challenges, especially related to the use of opioids, are particularly pressing in Maine. Between 2012 and 2017, Maine’s drug overdose deaths increased 156 percent, driven by a 278-percent increase in the rate of opioid-related overdose deaths. In 2017, Maine’s drug overdose death rate was the ninth highest in the nation, with many deaths linked to the opioid crisis in the state. Data released in April 2019 indicates that overdose deaths declined slightly in 2018, but the overall rate remains high, and state leaders are determined to address this critical challenge.
Update: In November, CSG Justice Center staff continued to engage with state leaders and officials from the Maine Department of Health and Human Services (DHHS) to better understand state and local-level programs and approaches aimed at addressing the opioid crisis and other behavioral health-related challenges in Maine. CSG Justice Center staff spoke with Executive Director (Co-occurring Collaborative Serving Maine) about ongoing efforts to improve intersystem collaboration between criminal justice and behavioral health entities in Cumberland County and in other jurisdictions in the state. CSG Justice Center staff also spoke with DHHS staff who were able to provide extensive information and context on recent implementation of medication-assisted treatment (MAT) in correctional facilities in Maine and the expansion of Opioid Health Homes in Maine. Finally, CSG Justice Center staff met with chiefs of police from nine local police departments across the state; many relayed challenges with people who have behavioral health conditions and department- or state-level efforts to address this challenge, including embedded social workers or behavioral health practitioners within the police department, locally operated programs with peer recovery mentors, and more.
Analysis Area 2: (A) Determine primary drivers of prison population growth in Maine, including revocation policy and practice, recidivism monitoring, and time-earning status. (B) Evaluate probation policy and practice in Maine so that probation can be maximized as a tool for recidivism reduction, and recovery outcomes can be improved for people on supervision.
Background: Between 2015 and 2018, the state’s average daily prison population increased 15 percent, reaching an all-time high of 2,468 people in July 2018. During this period, the female prison population increased 30 percent, far outpacing the growth of the male prison population, which increased 13 percent. This growth has created capacity pressures for DOC, which is operating near capacity and is facing associated challenges (e.g., a lack of programming space in the state’s primary female prison facility due to crowding), especially for the female population. Each year from 2015 to 2018, more than 42 percent of admissions to prison were the result of a probation revocation. Additional case-level data analysis is needed to better understand the dynamics of supervision revocations (including the nature of violations, violation responses and sanctioning by supervision officers, and judicial responses to violation behavior), but many leaders and stakeholders attribute revocations, at least in part, to a lack of necessary community-based programming for mental illnesses, substance addictions, and cognitive behavioral interventions. For people released from prison in 2014, the three-year return-to-custody rate for those released to probation supervision—37.7 percent—was more than 15 percentage points higher than for those who were released without a subsequent term on probation—22 percent.
Update: In November, CSG Justice Center staff continued to engage with judges, district attorneys, and leadership from Maine DOC to better understand the factors driving trends in the state’s prison and probation populations. CSG Justice Center staff spoke with Director of Adult Community Corrections (DOC) to brief her on the findings from the on-site supervision assessment conducted in October. Analysis of case-level data provided by the Maine Administrative Office of the Courts showed an overall decrease in the number of felony sentences between FY2016 and FY2019 but an increase in the number of sentences to prison over the same period. Among felony sentences for drug offenses in FY2019, 49 percent were sentences to prison.
Analysis Area 3: Study how Maine’s criminal justice system affects people differentially by race, ethnicity, and gender.
Background: As of 2014, the incarceration rate for black people in Maine was nearly six times the incarceration rate for white people. In 2018, black people made up an estimated 1.6 percent of the state’s population but accounted for 11 percent of the prison population. In the same year, Native Americans accounted for an estimated 0.7 percent of Maine’s population but made up 3 percent of the state’s prison population. State leaders are keenly interested in the intersectionality of race and gender dynamics at each key decision point in the criminal justice system, and CSG Justice Center staff are seeking relevant data from state and local agencies in Maine.
Update: In November, CSG Justice Center staff presented analyses of race and gender dynamics in Maine’s criminal justice system to the Commission to Improve the Sentencing, Supervision, Incarceration and Management of Prisoners, generating great discussion and interest among commission members. Further analysis of the court data in November showed that racial disproportionalities existed among sentences to prison for both people with a legal address outside of Maine (“out of state”) and people with a legal address in Maine (“in state” sentences); 59—or 48 percent—of the 124 “out of state” sentences in FY2019 were for black people, while 88—or 7 percent—of the 1,189 “in state” prison sentences were for black people. Only 1 percent of Maine’s population is black. Native Americans make up 3 percent of the state’s prison population, but court data from FY2019 did not show a disproportionate number of sentences to prison for Native Americans. Analysis of arrest and court data showed divergent trends between males and females in the criminal justice system: arrests of females increased in all three felony classes (A, B, and C), which was not the case for men. While the total number of drug arrests in Maine increased just less than 3 percent between 2008 and 2018, drug arrests for women increased 25 percent during this period.
Analysis Area 4: Analyze how Maine’s criminal justice system serves victims of crime.
Background: Maine has low rates and amounts of victim compensation, despite increases in violent crime. Half of homicides in Maine arise from intimate partner relationships, and the state needs more access to better-run programs to prevent abusive behavior that often escalates to even more serious crimes.
Update: In November, CSG Justice Center staff worked with the Maine Coalition to End Domestic Violence and Maine Coalition Against Sexual Assault to better understand arrest and prosecution patterns for domestic violence (DV) offenses and various services provided by the coalitions to improve outcomes for both survivors and perpetrators of domestic violence. Analysis of arrest and criminal history data provided by the Maine Department of Public Safety (DPS) showed a 19-percent decline in DV arrests between 2008 and 2018, but an assessment of criminal history information showed that many arrests for DV are eventually disposed as a conviction for a non-DV crime.
Analysis Area 5: Assess pretrial decision-making systems, including the availability and use of diversion programs; analyze indigent defense policy and practice.
Background: Maine’s pretrial release system relies upon non-judicial, non-attorney bail commissioners who collect fees from the people whose bail they are setting. This system has been criticized in recent years as uninformed and outdated. Maine’s indigent defense system relies entirely on private attorneys and has been criticized for placing the case-related interests of indigent defendants in conflict with the financial interests of the attorneys appointed to represent them. Maine leaders are interested in data- and policy-related assessments of these areas of the criminal justice system through JRI.
Update: In November, CSG Justice Center staff spoke with an attorney who represents the Maine Association of Criminal Defense Lawyers (MACDL) on the Commission to Improve the Sentencing, Supervision, Incarceration and Management of Prisoners regarding challenges with Maine’s bail and indigent defense processes. Conversation also included analyses on arrests for pretrial violations of conditions of release, use of deferred disposition in Maine, and more.
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WABI Fox 5: Commission meets to make improvements to Maine’s criminal justice system
o 11/6: Meeting with Criminal Process & Specialty Dockets Manager (Maine Administrative Office of the Courts) and Process Auditor (Maine Administrative Office of the Courts) to review analyses of court data provided by the agency ahead of the presentation to the commission in mid-November.
o 11/6: Meeting with Commissioner (Maine DOC) and Director of Strategic Initiatives (Maine DOC) to review analyses of arrest/criminal history data, criminal case filing data, and Maine DOC probation operations ahead of the presentation to the commission in mid-November.
o 11/6: Meeting with Commissioner (Maine DPS) to review analyses of arrest and criminal history data provided by the agency ahead of the presentation to the commission in mid-November.
o 11/7: Meeting with State Representative (Commission co-chair) and Senior Research Associate (Muskie School of Public Service, University of Southern Maine) to review analyses of arrest/criminal history data, criminal case filing data, and Maine DOC probation operations ahead of the presentation to the commission in mid-November.
o 11/7: Meeting with Governor, Chief of Staff (Governor’s Office), Legislative Director (Governor’s Office), and Senior Advisor (Governor’s Office) to review analyses of arrest/criminal history data, criminal case filing data, and Maine DOC probation operations ahead of the presentation to the commission in mid-November. The Governor personally reviewed each slide in the draft presentation and asked thoughtful questions about the nature of the analysis, reaction of other state leaders and stakeholders, and more.
o 11/8: Meeting with Deputy Director (Maine Pretrial Services) to review analyses and findings from Justice Reinvestment in Maine and seek guidance on other stakeholders to engage through the process.
o 11/8: Meeting with Policy and Legal Director) Office of the Senate President) to review analyses and findings from Justice Reinvestment in Maine and discuss relevant legislative structures and mechanisms in Maine.
o *Planned 11/12 meeting (and JR Maine presentation) of the Commission to Improve the Sentencing, Supervision, Incarceration, and Management of Prisoners cancelled due to weather. The meeting/presentation was rescheduled for Monday, November 25.
o 11/12: Observation of the meeting of the Pretrial Justice Task Force, which voted on policy options to improve Maine’s pretrial justice system. The report of this task force will be released on December 20, 2019.
o 11/13: Meeting with State Representative (House Co-Chair of the Joint Standing Committee on Criminal Justice and Public Safety) to provide an update on the Justice Reinvestment process in Maine.
o 11/14: Meeting with nine chiefs of police from across Maine hosted by the Maine Municipal Association. Two-hour discussion included identification and assessment of specific challenges facing local law enforcement agencies in Maine, primarily the prevalence of people with behavioral health conditions and criminal justice involvement.
o 11/25: Second “Justice Reinvestment in Maine” presentation to the Commission to Improve the Sentencing, Supervision, Incarceration, and Management of Prisoners. The presentation included analyses of arrest/criminal history data, criminal case filing data, and Maine DOC probation operations.
o 11/25: Participation in a “public policy forum” hosted by the Maine NAACP Prison Branch at the Maine State Prison. The forum included a brief presentation on Maine DOC operations by Deputy Commissioner (Maine DOC), a presentation on criminal justice trends in Maine by CSG Justice Center staff (Senior Policy Analyst), and comments from incarcerated men advocating for changes in public policy in Maine.
o 11/26: Meeting with State Senator (Senate co-chair of the Joint Committee on Appropriations) and State Representative (House co-chair of the Joint Committee on Appropriations) to provide an update on the Justice Reinvestment process in Maine.
• 11/1: Call with Director of Adult Community Corrections (DOC) to brief her on the findings from the on-site supervision assessment conducted in October.
• 11/6: Call with Director (Maine Prisoner Reentry Network) to provide an update on the Justice Reinvestment process and learn about the organization’s work to improve successful reentry for people leaving prison in Maine.
• 11/7: Call with Legislative Advocate (Maine Municipal Association) to coordinate a meeting of chiefs of police from across Maine during a subsequent site visit. Discussion also included assessment of challenges and needs for local law enforcement in Maine and ways in which the analysis being conducted through Justice Reinvestment would be relevant or useful to police chiefs and town managers.
• 11/12: Call with State Representative (Commission co-chair) and State Senator (Commission co-chair) to reschedule the meeting originally planned for November 12. The meeting was rescheduled for November 25.
• 11/18: Call with an attorney who represents the Maine Association of Criminal Defense Lawyers (MACDL) on the commission, regarding challenges with Maine’s bail and indigent defense processes. Conversation also included analyses on arrests for pretrial violations of conditions of release, use of deferred disposition in Maine, and more.
• 11/19: Call with staff from the American Civil Liberties Union (ACLU) of Maine to provide an update on the Justice Reinvestment process in Maine and specific analyses being conducted with the data from Maine DPS and the Administrative Office of the Courts.
• 11/20: Call with Program Coordinator for Opioid Health Homes (DHHS Office of MaineCare Services) to learn more about the funding and oversight of opioid health homes in Maine and their impact on criminal justice populations.
• 11/20: Call with commission member to provide an update on the Justice Reinvestment process and learn about specific challenges facing Native Americans in the criminal justice system in Maine.
• 11/21: Call with commission member to provide an update on the Justice Reinvestment process.
• 11/22: Call with Executive Director (Community House of Maine) and Executive Director (Restorative Justice Institute of Maine) to provide an update on the Justice Reinvestment process and learn about the work of both organizations relating to people in the criminal justice system.
• 11/26: Call with Division Manager (State Opioid Treatment Authority, DHHS Office of Substance Abuse and Mental Health Services- SAMHS) to learn about opioid response in Maine, including implementation of MAT in correctional facilities and other ongoing initiatives through DHHS to provide treatment for people with behavioral health conditions.
This month, research staff explored the dynamic between sentencing and the length of time served either in prison or on probation. Staff utilized data from the Administrative Office of the Courts (AOC) and the DOC.
New Insights Gleaned:
While the number of sentences to prison increased between FY2016 and FY2019, the number of people entering prison for probation violations also increased. During this time, 44 percent (337 total) of Class C sentences to prison were short (271 to 365 days). Additionally, analysis of prison data showed that 33 percent of releases in FY2018 were for less than 271 days.
Misdemeanor cases account for one-third of probation starts. These are for offenses like OUI and domestic violence. Many of the felony cases on probation supervision are for people leaving prison or jail. A large proportion of the more serious offense cases on probation were first in prison.
• 11/4: Continued to work on analyses of sentencing data in the data extract provided by the AOC. Examined the number of sentences each year and closely examined the dynamic of sentences to probation, those sentenced to a jail split, and the amount of time served in jail on those jail splits.
• 11/5: Began to clean data received from the Maine DOC. This included prison admissions, releases, and a snapshot of people in prison on June 30 of each year between 2008 and 2018 as well as probation starts, terminations, and a snapshot of the population for the same time period.
• 11/7: Phone call with DOC staff member who oversaw the DOC data-sharing process. Learned more about the meaning of variables and terminology specific to the Maine DOC.
• 11/8: Analyzed AOC data to learn more about the sentence lengths imposed for sentences to prison. Explored the dynamic of increasing short sentences. Between FY2016 and FY2019, the number of sentences imposed for time in prison between 271 days (Maine’s statutory cut-off for prison admission) and 1 year increased 21 percent.
• 11/12: Analyzed AOC data to learn more about sentences imposed by prior criminal history. Analyzed this dynamic by race and gender. Women and men given sentences to prison (without probation after) have a median of five prior arrests. For white people sent to prison (without probation), the median number of prior arrests is five, but for black people it is three.
• 11/13: Analyzed AOC data to learn more about sentences imposed by prior criminal history. Used the information to replicate a sentencing grid. (Maine is a state without sentencing guidelines.) For many Class A cases where the person does not have an extensive criminal history, sentences to prison are prevalent (40 percent to prison and 47 percent to a prison split).
• 11/18: Analyzed probation starts. Probation starts decreased for felony level offenses but increased for misdemeanor level offenses between 2012 and 2018.
• 11/19: Analyzed admissions to prison. Prison admissions increased between 2012 and 2018 across all admission types. New commitments increased 33 percent, and commitments for violation of probation increased 33 percent.
• 11/20: Analyzed releases from prison. Prison releases increased as the prison population increased. Between 2012 and 2018, the number of people serving less than 271 days in prison increased.
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