20210127-15357-76

Priority Area 1: Reconvene the Justice Reinvestment II Working Group to monitor implementation and develop additional policy recommendations for improving post-prison treatment, services, and supervision.
Background: Act 148 (S.338) call for the Justice Reinvestment II Working Group to reconvene with the addition of a representative from the parole board. In addition to overseeing the implementation of Act 148, the working group is also tasked with identifying gaps in behavioral health services for individuals in the criminal justice system; determining how to share risk assessment and programming information to inform plea agreements, sentencing, and revocation decisions; studying presumptive probation; evaluating earned good time for individuals on probation; exploring the use of probation midpoint reviews in reducing supervision terms; and evaluating parole eligibility for older adults prior to meeting their minimum sentence.

Act 148 requires the working group to make policy recommendations to the House and Senate Judiciary and House Corrections by January 15, 2021, and again by January 15, 2022.

Update: In August, CSG Justice Center staff testified at Vermont’s Joint Justice Oversight Committee meeting to introduce legislators to Justice Reinvestment Phase II. Additionally, CSG Justice Center staff initiated individual remote meetings with each of the 19 working group members and other key stakeholders. This was an opportunity to connect with the members and introduce the Phase II team while discussing Justice Reinvestment II policy changes, implementation activities, and reconvening the working group. The remote meetings fostered new working relationships and served as a vehicle to ask and answer questions about the transition to Phase II and potential implementation challenges and discuss future priorities.

Priority Area 2: Implement presumptive parole, earned good time, and furlough status consolidation.
Background: Act 148 included three primary policy reforms to improve outcomes for people on post-prison supervision and prioritize bed space for people who have been convicted of the most serious offenses. First, the act established a new presumptive parole process for individuals with qualifying convictions who have served their minimum sentence and meet programming and behavior requirements. Qualifying convictions during initial implementation include most nonviolent offenses prior to an eligibility expansion in 2023. Second, the act expanded the amount of earned time a person could accrue from 5 to 7 days to further incentivize behavior change. And third, it consolidated the more than 30 different furlough legal statuses, all with unique administrative requirements, to 3 to improve clarity in release expectations for people in custody, victims, and Department of Corrections (DOC) staff. The act also creates a review process with expanded due process for furlough returns or revocations over 90 days.

Update: In August, CSG Justice Center staff began providing assistance to the DOC and parole board to develop the presumptive parole process. As each agency began their own internal planning, CSG Justice Center staff focused on increasing communication and coordination between the two agencies to inform a collaborative implementation process. Specific areas of technical assistance included facilitating conversations regarding the level of information DOC shares with the parole board to inform condition setting and decision-making.

DOC staff completed the final steps for filing emergency rules by September 1 to establish the increase in earned time. CSG Justice Center staff discussed the tracking of earned time as part of Phase II data monitoring with DOC staff.

As part of the process for furlough consolidation, CSG Justice Center staff are assisting DOC staff in revising community supervision contact standards and case staffing policies. In Vermont, case staffing is the process used to determine if an individual has committed a technical violation(s) that poses a risk to public safety and warrants a return to prison for a specific period of time. CSG Justice Center staff provided feedback on initial policy documents, as well as examples of relevant policies from other states. CSG Justice Center staff also attended several meetings to participate in discussions regarding changes to current condition setting and case staffing policies so that they are better aligned with best practices. Additionally, CSG Justice Center staff initiated conversations with both DOC and the parole board about subaward funding and began to vet initial ideas from the agencies about their subaward funding priorities.

Priority Area 3: Evaluate the current use of sanctions and incentives and recommend improvements to increase adherence to evidence-based practices.
Background: During Phase I, Vermont’s Justice Reinvestment II Working Group found inconsistencies in how community supervision officers respond to non-compliance, as well as data collection challenges that limited the DOC’s ability to fully monitor the implementation of sanctions and incentives. Act 148 requires the DOC to conduct further analysis and report back to the legislature on ways to strengthen the use of sanctions and incentives to ensure they reflect best practices in reducing recidivism and encouraging behavior change. This includes exploring regular data collection and analysis processes to inform policy and practice changes, as well as monitor implementation.

Update: CSG Justice Center staff began providing technical assistance to the Vermont DOC team tasked with revising the department’s current sanctions policy and creating a new incentives policy. CSG Justice Center staff gave feedback on current policy drafts and provided DOC staff with examples of sanctions and incentives grids from other states. Specific technical assistance focuses included assisting the state in appropriately defining terms within the new policies, as well as developing new incentive and alternative sanction options.
Priority Area 4: Analyze current policy and practice to identify ways to improve assessment processes, care coordination, information sharing, and case management for people in the criminal justice system who have complex behavioral health issues.
Background: During Phase I, the Justice Reinvestment II Working Group identified gaps in data and information sharing that created challenges in identifying and serving people in the criminal justice system who have complex behavioral health needs, including opioid addiction. Act 148 requires the Agency of Human Services (AHS) to report on current processes for identifying people with behavioral health needs who are incarcerated or under supervision to the working group by December 1, 2020. The working group is then tasked with using this information to develop policy and practice changes to improve assessment processes, care coordination, information sharing, and case management across criminal justice and behavioral health system providers. The working group is required to report their findings and recommendations to the legislature by January 1, 2021.

Update: CSG Justice Center staff conducted initial outreach to AHS and the DOC to begin the process of identifying and accessing the information requested in Act 148. In addition, CSG Justice Center staff began discussions with working group members regarding their role in developing recommendations for behavioral health improvements ahead of the 2021 legislative session.
Priority Area 5: Increase criminal justice data collection and analysis capacity and establish outcome measures and regular data monitoring to track the implementation progress of Act 148.
Background: Vermont has continued to encounter data collection lapses and analysis gaps that often limit the state’s ability to comprehend and address the state’s public safety and behavioral health challenges. Justice Reinvestment II provides an opportunity for Vermont to use technical assistance to improve the use and accessibility of data while supporting implementation and creating plans for capacity building.
Update: CSG Justice Center staff began initial conversations with DOC, parole board, and courts staff regarding the establishment of data metrics to monitor implementation. CSG Justice Center staff discussed data gaps with members of the working group and determined their data priorities to build a plan to best address Vermont’s data needs and build the state’s capacity to collect, store, and analyze data.
Priority Area 6: Assist in creating standards to examine the data collection, monitoring, and evaluation process, especially as it concerns racial disparities.
Background: Section 19 of Act 148 focuses on examining the racial disparities within the criminal justice system. The act directs the Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel (RDAP), the executive director of racial equity, the chief superior judge, the attorney general, the defender general, the DOC, and the executive director of the Department of State’s Attorneys and Sheriffs to work with the Crime Research Group (Vermont-based nonprofit research agency) and the state’s Statistical Analysis Center (SAC) to identify available data and perform an initial analysis of demographic factors and sentencing outcomes.

Upon examination of the data, RDAP is then tasked with reporting to the Joint Legislative Justice Oversight Committee and Vermont Sentencing Commission by December 1, 2020. The Sentencing Commission is then charged with reviewing the report findings and making recommendations regarding changes to sentencing structures and nonbinding sentencing guidance. The commission must report by February 26, 2021, to House/Senate Judiciary and House Corrections and Institutions.

Update: In August, CSG Justice Center staff met with RDAP’s chair to discuss RDAP’s work as directed by Act 148 and determine whether additional support is needed in this process. CSG Justice Center staff learned that RDAP had already set forth a process for identifying the 11 different IT systems used to capture data across the criminal justice system, determining gaps in their current collection practices, and furthering discussion about data integration. However, RDAP’s chair did express a need for additional guidance on addressing statutory requirements. CSG Justice Center staff also met with the leaders of the Crime Research Group to learn about their participation in RDAP and their ongoing research projects related to racial disparities and sentencing analyses.