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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 May, CSG Justice Center staff were invited to address the House Corrections and Institutions Committee on S. 7—an act related to expanding access to expungement and sealing of criminal history records. This effort was not a result of Justice Reinvestment II, but there was some concern from stakeholders within the Governor’s Office, Department of Corrections, and Department of Public Safety that expungements of records would undermine Justice Reinvestment efforts to improve the use of an individual’s risk and needs assessment to inform correctional interventions. CSG Justice Center staff shared that expunged records would have no bearing on risk and needs assessments and S. 7 would not impact any Justice Reinvestment efforts within the state.

CSG Justice Center staff have also continued to prepare for the upcoming June 15 working group meeting by connecting with stakeholders to discuss presumptive probation and compassionate release. CSG Justice Center staff also met with the newly hired Deputy States Attorney (State’s Attorney and Sheriffs) to introduce the team and provide updates on current Justice Reinvestment efforts in the state.
New Insights
In April, a subaward funding request was submitted to address transitional housing efforts in the state. This was done with the approval of working group members. In late May, CSG Justice Center staff learned that in the upcoming months, CSG Justice Center staff will be asked to address transitional housing efforts with the Joint Justice Oversight Committee and during the June 15 or August 17 working group meetings.

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. And third, it streamlined Vermont’s 17 different furlough legal statuses, all with unique administrative requirements and created a primary furlough status called “Community Supervision Furlough” 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 May, CSG Justice Center staff continued to meet regularly with DOC and parole board staff and leadership to monitor the ongoing implementation of presumptive parole and community supervision status and policy changes.

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: No update
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 May, CSG Justice Center staff continued to work with contractors from Policy Research Associates (PRA), who work on behalf of the CSG Justice Center to support states, to determine a scope for the internal AHS Justice Reinvestment II Working Group. AHS Deputy Secretary and DOC Interim Commissioner convened a series of meetings with division leadership to discuss the project and learn about existing agency efforts that could inform the group’s work. PRA attended these meetings and reported back to CSG Justice Center staff after the meetings to discuss the group’s process and strategize about next steps. Specifically, CSG Justice Center staff worked with PRA to discuss options for increasing their role within the AHS group to ensure their expertise is fully utilized.

New Insights: In May, CSG Justice Center’s primary contact at AHS, was transferred to other duties within the agency. This resulted in some communication challenges while a new contact was being identified. CSG Justice Center staff have prioritized ensuring that the new contact has an understanding of Justice Reinvestment II and the working group recommendation that led to the creation of the AHS internal group. 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: In May, CSG Justice Center staff began receiving data monitoring reports from DOC. Due to data system limitations, DOC is currently able to provide only a small portion of the total report. Upcoming data system and process improvements will allow DOC to increase the number of measures they are able to report over the next 6–8 months. CSG Justice Center staff supported DOC in identifying a timetable for delivering the missing data monitoring measures.

CSG Justice Center staff used DOC’s initial data monitoring report to prepare a presentation for the June Justice Reinvestment II Working Group meeting to help stakeholders understand the changes in Vermont’s corrections population since the onset of the COVID-19 pandemic.

CSG Justice Center staff also completed conversations with the Vermont Judiciary about potentially using subaward funding to support court data collection and capacity improvements. Judiciary leadership and staff determined that they did not have the bandwidth to apply for and execute their plan for the funding during the subaward timeline. As a result, they declined to pursue the funding.
Priority Area 6: Assist in creating standards to examine the data collection, monitoring, and evaluation process, especially as it concerns disparate outcomes for different demographic groups.
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 May, Chair of RDAP called for a special meeting to discuss H.317—an act related to establishing the Bureau of Racial Justice Statistics and the Bureau of Racial Justice Statistics Advisory Panel. At the meeting, members came to a consensus and sought to create a study/working group to better ensure the success of the Bureau of Racial Justice Statistics. The working group is now tasked with determining where the Bureau of Racial Justice Statistics should be housed, identifying potential staffing needs, and addressing data collection gaps. CSG Justice Center staff supported RDAP’s efforts behind the scenes by providing Representative and committee members with a document that outlined other states’ efforts to create research agencies similar to this effort. To further this effort in the state, CSG Justice Center staff will continue to provide support to Chair and RDAP members as they tackle the scope of work outlined in S. 97—an act relating to miscellaneous judiciary procedures.

In addition to supporting RDAP, CSG Justice Center staff also continued working toward a quantitative analysis of racial equity in the state as requested during the January 2021 working group meeting. CSG Justice Center staff modified the internal research plan for this analysis into an external-facing product that provides working group members with easily accessible research questions, definitions, and a timeline. This document and corresponding PowerPoint slides will be presented at the June 15 working group meeting.