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 September, CSG Justice Center staff met remotely with working group members to 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. After CSG Justice Center staff successfully connected with 18 of the 19 working group members, the first working group meeting was scheduled for September 30. As in Phase I, the working group is chaired by the Chief Justice of the Vermont Supreme Court and hosted by the judicial branch.
On September 30, CSG Justice Center staff presented to the Justice Reinvestment II Working Group, giving an overview of the history of Justice Reinvestment in Vermont, reviewing the policies passed in Act 148, explaining CSG Justice Center technical assistance, and reviewing the working group’s statutory duties. During the meeting, the members outlined their priorities and goals for future working group meetings. The working group scheduled three additional meetings on October 27, November 24,, and January 11 prior to their first statutory reporting deadline on January 15, 2021. In addition to the CSG Justice Center staff presentation, representatives from the Vermont Parole Board and Department of Corrections (DOC) provided updates on their progress with implementing Act 148 policy changes and obtained working group support for their plan to hire a Justice Reinvestment data analyst position with category 1 subaward funding.
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 DOC staff. The act also creates a review process with expanded due process for furlough returns or revocations over 90 days.
Update: In September, CSG Justice Center staff continued to meet regularly with DOC and the parole board to support the implementation of presumptive parole. CSG Justice Center staff also facilitated a joint meeting between the two agencies to discuss their individual internal planning efforts and shared implementation challenges. CSG Justice Center staff provided feedback on the agencies’ proposed processes, as well as their plans for data collection and staff training.
In addition, CSG Justice Center staff also attended regular meetings with DOC regarding the consolidation of furlough statuses, as well as changes to other related supervision policies. Specific assistance focused on informing and providing feedback on new policy drafts, discussing future areas for staff training, and assisting in identifying opportunities to increase data collection.
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: In September, CSG Justice Center staff continued providing technical assistance to DOC in revising the department’s current sanctions policy and creating a new incentives policy. In weekly meetings with DOC, CSG Justice Center staff received updates on policy development and provided feedback to increase adherence to best practices in the use of positive and negative reinforcements.
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: In September, CSG Justice Center staff met with leadership from DOC, the Department of Mental Health (DMH), and the Division of Alcohol and Drug Abuse (ADAP) programs to discuss a process for obtaining the behavioral health information requested in Act 148. Based on feedback from these agencies, CSG Justice Center staff began identifying key stakeholders to convene prior to the next working group meeting in order to determine next steps for gathering this information. CSG Justice Center staff also continued to reach out to AHS in order to better facilitate their involvement and leadership.
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 created an initial draft of state monitoring measures to review and finalize with DOC and the parole board in October. Proposed outcome measures track general trends in the supervised and incarcerated populations, as well as the implementation of presumptive parole and earned good time policies. In addition, outcome measures will also focus on improving data collection regarding sanction and incentive practices, as well as revocations and other returns to prison.
DOC and parole board staff also began the process of developing a Category 1 subaward request for a data analyst to assist with Justice Reinvestment data collection, analysis, and information sharing. This position will be shared jointly by DOC and the parole board. CSG Justice Center staff helped inform an initial plan for this funding and assisted the agencies in engaging other state leaders to ensure a collaborative application process. On September 30, the Justice Reinvestment II Working Group approved the plan for the Category 1 request. Once this request is submitted, CSG Justice Center staff will work with agency leadership to develop a follow-up Category 2 application for the working group’s approval.
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: CSG Justice Center staff continue to work with RDAP’s chair and RDAP’s members to discuss data identification and analysis required by Act 148. During the September 8 RDAP meeting, a subcommittee was formed to better identify data and resource gaps as they relate to racial disparities in sentencing outcomes. CSG Justice Center staff helped organize weekly meetings with subcommittee members and provide examples from other states and other support as required. The subcommittee is working to identify the high impact/high discretion decision points throughout the criminal justice system and suggest measures that need to be collected at each point.
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1. 9/1: Video conference with Director of Probation and Parole (Vermont Department of Corrections) and Director of Administrative Reporting (Vermont Department of Corrections) to discuss the progress of the DOC as they work to implement what is statutorily required in Act 148. (Organizations –1; Participants – 2)
2. 9/1: Video conference with Director of Probation and Parole (Vermont Department of Corrections) and Director of Administrative Reporting (Vermont Department of Corrections); Field Operations Director; Community Corrections Program Supervisor; Business Application Support Unit Manager; Justice Policy Manager; Deputy Commissioner; Director of Classification and Facility Designation; Organizational Development Coordinator; Vermont Department of Corrections Furlough Team – Justice Reinvestment where the CSG Justice Center team in joined the DOC Team/Furlough Team to discuss the changes that have been made to incentives, sanctions, and supervision conditions. (Organizations –1; Participants—9)
3. 9/1: Video conference with Department of Health to discuss Phase II of JR in Vermont. Determined how the DoH can be useful and the expectations of the Working Group. (Organizations –1; Participants—1)
4. 9/2: Video conference with Attorney General to discuss Phase II of Justice Reinvestment in Vermont, expectations of the Working Group, and the Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel (Organizations –1; Participants—1)
5. 9/2: Video conference with Executive Director, and Deputy Director Vermont Network Against Domestic & Sexual Violence to introduce the Phase II team and discuss Justice Reinvestment in Vermont, implementation grant monies, appropriations for domestic violence accountability programming and the priorities of the Working Group. (Organizations –1; Participants—2)
6. 9/2: Video conference with Chair (Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel (RDAP))/CSG Justice Center Implementation to discuss how the CSG Justice Center can be helpful with RDAP. (Organizations –1; Participants—1)
7. 9/2: Video conference with Commissioner (Vermont Department of Public Safety) to introduce the Phase II JR team and connected to discuss the Department of Public Safety’s role in the working group. Determined priorities and goals. (Organizations –1; Participants—1)
8. 9/3: Video conference with Chief Justice (Vermont Supreme Court) and State Court Administrator (Vermont Supreme Court) to discuss the role of the Working Group Chair during the Phase II implementation process, determined that a change of chair will need to occur before first the Phase II Working Group meeting. (Organizations –1; Participants—2)
9. 9/3: Video conference with State Representative from Vermont to discuss Phase II of Justice Reinvestment in Vermont and the personal priorities and goals. (Organizations –1; Participants—1)
10. 9/8: Video conference with Director of Probation and Parole (Vermont Department of Corrections) and Director of Administrative Reporting (Vermont Department of Corrections) to discuss implementation progress and challenges.(Organizations –1; Participants – 2)
11. 9/8: Video conference with Director of Probation and Parole (Vermont Department of Corrections) and Director of Administrative Reporting (Vermont Department of Corrections); Field Operations Director; Community Corrections Program Supervisor; Business Application Support Unit Manager; Justice Policy Manager; Deputy Commissioner; Director of Classification and Facility Designation; Organizational Development Coordinator; Vermont Department of Corrections Furlough Team– Justice Reinvestment the CSG Justice Center participated in joining the DOC Team/Furlough Team to discuss the changes that have been made to supervision polices as a result of Act 148. (Organizations –1; Participants—9)
12. 9/8: Video conference with Chair (Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel (RDAP), Director of Administrative Reporting (Vermont Department of Corrections, Judge (Chief Superior Judge, Courts/Judiciary,) Director of Research Crime Research Group, Karen Gennette, Executive Director, Crime Research Group, David Scherr, Assistant Attorney General (Attorney General Office, Deputy States Attorney (State’s Attorney and Sheriffs), Esq. Supervising Attorney (Office of the Defender General, Shela Linton, Program Director, The Root Social Justice Center, Xusana Davis, Executive Director of Racial Equity, Governor’s Office) Supervising Attorney (Chittenden County Public Defender’s Office), Former Vermont State Police Trooper, Chief (Nulhegan Band of the Coosuk - Abenaki Nation), Commissioner (Department of Children and Families) Captain (Vermont State Police )– The CSG Justice Center staff joined the already established RDAP meeting to discuss the goals and priorities of Section 19 as well as subsequent deadlines. (Organizations –1; Participants—15)
13. 9/8: Video conference with Director (Parole Board) to discuss presumptive parole implementation progress and challenges. (Organizations –1; Participants—1)
14. 9/9: Video conference with Director of Administrative Reporting (Vermont Department of Corrections) to discuss RDAP’s meeting. (Organizations –1; Participants—1)
15. 9/9: Video conference with Judge (Chief Superior Judge, Courts/Judiciary) to discuss Phase II of Justice Reinvestment, gained insight from a non-appointed Working Group member, and discussed 9/8 RDAP meeting. (Organizations –1; Participants—1)
16. 9/10: Video conference with Chair (Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel (RDAP) to discuss and debrief about 9/8 RDAP Meeting, determined how the CSG Justice Center staff can be helpful to the newly created subcommittee who are tasked with identifying/analyzing sentencing disparities in Vermont. (Organizations –1; Participants—1)
17. 9/11: Video conference with Deputy Commissioner (Department of Mental Health) to examine Phase II of Justice Reinvestment and the Department of Mental Health role. (Organizations –1; Participants—1)
18. 9/11: Call with Dick Sears, State Senator to discuss the plan for the first working group meeting and ongoing work with the RDAP committee. (Organizations –1; Participants—1)
19. 9/11: Video conference with Legal Counsel (Governor’s Office and Director of Policy Development and Legislative Affairs, Governor’s Office – Bi-weekly standing meeting connected to keep the Governor’s office upraised of information related to the Working Group and State Agencies. (Organizations –1; Participants –2)
20. 9/14: Video conference with Executive Director (Department of State’s Attorneys and Sheriffs) and Deputy States Attorney (State’s Attorney and Sheriff) to discuss the Working Group during the Phase II implementation process. Requested of that Deputy State Attorney share insight on RDAP. (Organizations –1; Participants –2)
21. 9/14: Video conference with Defender General (State of Vermont) to discuss the Working Group during Phase I and expectations and priorities during the Phase II process. (Organizations –1; Participants –1)
22. 9/14: Video conference with State Representative for Vermont to discuss establishing a working group for a Women’s Reentry Facility. (Organizations –1; Participants –1)
23. 9/15: Video conference with Director of Probation and Parole (Vermont Department of Corrections) and Director of Administrative Reporting (Vermont Department of Corrections) to discuss implementation progress and challenges. (Organizations –1; Participants – 2)
24. 9/15: Video conference with Director of Probation and Parole (Vermont Department of Corrections) and Director of Administrative Reporting (Vermont Department of Corrections); Field Operations Director; Community Corrections Program Supervisor; Business Application Support Unit Manager; Justice Policy Manager; Deputy Commissioner; Director of Classification and Facility Designation; Organizational Development Coordinator; Vermont Department of Corrections Furlough Team– Justice Reinvestment the CSG Justice Center participated in joining the DOC Team/Furlough Team to discuss the changes that have been made to supervision polices as a result of Act 148. (Organizations –1; Participants—9)
25. 9/16: Video conference with Director (Parole Board) – Bi-weekly meeting to provide updates on the progress that has occurred with the Department of Corrections. (Organizations –1; Participants –1)
26. 9/16: Call with Paul Reiber, Chief Justice, Vermont Supreme Court to discuss his continued role serving as Chair of the Justice Reinvestment II Working Group. (Organizations –1; Participants –1)
27. 9/18 Video conference with Etan Nasreddin-Longo, Chair, Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel (RDAP) to discuss the Subcommittee within RDAP and how the CSG Justice Center staff can provide useful research and information on sentencing. (Organizations –1; Participants –1)
28. 9/21: Video conference with Mourning Fox, Deputy Commissioner, Department of Mental Health to meet Fox’s request that the CSG Team connect again to further analyze Section 21, 22, and 23 of Act 148. (Organizations –1; Participants –1)
29. 9/22: Video conference with Dale Crook, Director of Probation and Parole, Vermont Department of Corrections and Monica Weeber Director of Administrative Reporting, Vermont Department of Corrections to discuss the progress of the DOC as they work to implement what is statutorily required in Act 148. (Organizations –1; Participants – 2)
30. 9/22: Video conference with Director of Probation and Parole (Vermont Department of Corrections) and Director of Administrative Reporting (Vermont Department of Corrections); Field Operations Director; Community Corrections Program Supervisor; Business Application Support Unit Manager; Justice Policy Manager; Deputy Commissioner; Director of Classification and Facility Designation; Organizational Development Coordinator; Vermont Department of Corrections Furlough Team– Justice Reinvestment the CSG Justice Center participated in joining the DOC Team/Furlough Team to discuss the changes that have been made to supervision polices as a result of Act 148. . (Organizations –1; Participants—9)
31. 9/22: Video conference the CSG Justice Center staff joined the members of the RDAP subcommittee to discuss data gaps in sentencing. (Organizations –1; Participants—10)
32. 9/23: Video conference with Chief Justice (Vermont Supreme Court), State Court Administrator (Vermont Supreme Court), and Program Administrator (Vermont Supreme Court) connected to discuss logistics for the September 30th Working Group meeting. (Organizations –1; Participants—3)
33. 9/24: Video conference with Legal Counsel ( Governor’s Office) and Director of Policy Development and Legislative Affairs (Governor’s Office), Executive Director of Racial Equity (Governor’s Office) – Bi-weekly standing meeting, connected to discuss the PowerPoint presentation and agenda. Highlighted appropriations and the subaward. (Organizations –1; Participants –3)
34. 9/29: Video conference with Chief Justice (Vermont Supreme Court), State Court Administrator (Vermont Supreme Court), and Program Administrator (Vermont Supreme Court), connected to address feedback and suggestions for the PowerPoint presentation. (Organizations –1; Participants—3)
35. 9/29: Video conference with Director of Probation and Parole (Vermont Department of Corrections) and Director of Administrative Reporting (Vermont Department of Corrections) to discuss the upcoming Working Group’s meeting agenda and PowerPoint presentation. (Organizations –1; Participants – 2)
36. 9/29: Video conference in whichThe CSG Justice Center staff joined the members of the RDAP subcommittee to discuss high impact and high discretion data points. (Organizations –1; Participants—10)
37. 9/29: Video conference with Director of Probation and Parole (Vermont Department of Corrections) and Director of Administrative Reporting (Vermont Department of Corrections); Field Operations Director; Community Corrections Program Supervisor; Business Application Support Unit Manager; Justice Policy Manager; Deputy Commissioner; Director of Classification and Facility Designation; Organizational Development Coordinator; Vermont Department of Corrections Furlough Team– Justice Reinvestment – Participated in joining the DOC Team/Furlough Team to discuss the changes that have been made to supervision polices as a result of Act 148. conditions. (Organizations –1; Participants—9)
38. 9/29: Call with Director of Administrative Reporting (Vermont Department of Corrections) to discuss how specific outcomes measures are framed within presentation by CSG Justice Center staff to the working group the next day. (Organizations –1; Participants—1)
39. 9/29: Call with Director of Policy Development and Legislative Affairs, Governor’s Office, to discuss the working group presentation and state budgeting timeline. (Organizations –1; Participants—1)
40. 9/30: Video conference with Working Group Meeting (Organizations –17; Participants—27)
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