STATISTICAL

REPORT

2014

COLORADO DEPARTMENT OF CORRECTIONS RICK RAEMISCH, EXECUTIVE DIRECTOR

Letter from the Director

W

elcome to the Colorado Department of Corrections’ Fiscal Year (FY) 2014 Statistical Report. The MISSION of the Colorado Department of Corrections is “To Protect the Citizens of Colorado by Holding

Offenders Accountable and Engaging Them in Opportunities to Make Positive Behavioral Changes and Become Law-Abiding, Productive Citizens.” Our VISION is in “Building a Safer Colorado for Today and Tomorrow.” We strive to accomplish these through our greatest resource, our staff: Correctional Professionals who honor and respect the rights of victims; who engage in safe, humane and effective correctional practices; who deliver exceptional correctional services; and who are dedicated to providing opportunities for offender success, thereby ensuring for long-term public safety. This statistical report provides an overview of the jurisdictional population of 31,490 offenders (20,715 inmates, 10,775 parolees). As you will see, the inmate population has fallen by 10% over the past four fiscal years. We are pleased to report that the Colorado Department of Corrections is leading the nation with several strategic initiatives. These include yet are not limited to: administrative segregation reforms; Residential Treatment Programs for offenders with serious mental illnesses; and on-going parole, re-entry and pre-release initiatives. Of significance, the use of administrative segregation was eliminated within the Colorado Department of Corrections in FY 2014, being replaced with newly developed Restrictive Housing policies and practices. As a result, the rate of staff assaults has decreased by nearly 25% when compared to last fiscal year. It is our hope that the information contained within this FY 2014 Statistical Report will provide both the public and private sectors an appreciation of the tremendous efforts demonstrated by our staff, who work within a framework of available resources to provide public safety while meeting and addressing the needs of our offender population.

Sincerely,

Rick Raemisch Executive Director Colorado Department of Corrections

Foreword

Foreword

T

he Colorado Department of Corrections’ (CDOC) Office of Planning and Analysis (OPA) is pleased to present its revamped Annual Statistical Report. OPA has undertaken efforts

to create a more reader-friendly and cognizant summary of the CDOC offender population. The reader will notice new graphing approaches that illustrate populations and trends in a more meaningful fashion. Many large data tables found in previous statistical reports have been moved to an electronic appendix that can be found as Microsoft Excel spreadsheet files on the CDOC website under the “Departmental Reports and Statistics” section. All of the data presented as percentages in this report are available as numbers in the appendix. All data found in this Annual Statistical Report is based on fiscal year unless otherwise noted.

Table of Contents

Table of Contents Overview 1 Introduction 1 Population Growth 1 Crime, Prison Sentence & Incarceration Rates 3 Legislative Changes 4 Population Projections 11 Prison Facilities 12 Facility Capacities 14 Annual Inmate Costs 14 Full-time Employees 16

Inmate Admissions 19 Demographic Characteristics 20 Offense Data 21 County of Commitment 23 Gender Comparison 23

Table of Contents 23 Length of Stay 23 Habitual Offender Sentences 26 Lifetime Supervision Sex Offender Sentences 27 Risk & Needs Assessments 29 Inmate Releases 30 Releases by Type 32 Time Served in Prison 34 Profile of Inmate Releases

37 Inmate Population Characteristics 37 Inmate Population 38 Custody Classification & Status 40 Most Serious Offense 42 Inmate Profile 44 Aging Trends 47 Needs Levels 49 Risk Assessment 50 Reportable Incidents 50 Assaults & Use of Force 51 Deaths in Custody 52 Escapes 54 Program Participation 57 Parole Population Characteristics 57 Parole Population

Table of Contents Parole Caseload 57 Parolee Profile 59 Needs Levels 60 Parole Supervision Outcomes 61

Recidivism Rates

65

Figures

Figures Figure 1. Average Daily Jurisdictional Population 1 Figure 2. Average Daily Jurisdictional Population Percent Change 2 Figure 3. Average Inmate Jurisdictional Population by Location 2 Figure 4. Average Inmate Jurisdictional Population 2 Figure 5. 10-Year Crime, Prison Sentence & Incarceration Rates 3 Figure 6. 2013 Incarceration Rates 4 Figure 7. DCJ & LCS Inmate Projections vs. Actual CDOC Inmate Population 12 Figure 8. DCJ & LCS Parole Projections vs. Actual CDOC Parole Population 12 Figure 9. CDOC State & Private Facilities 13 Figure 10. Employee Demographics 18 Figure 11. Correctional Officers by Rank 18 Figure 12. Employees Per Facility 18

Figures

19 Figure 13. Admissions & Releases 20 Figure 14. Admission Trends Over Time 21 Figure 15. Admission Type by Gender 22 Figure 16. Admission Type by Most Serious Offense 24 Figure 17. Percent of Court Commitments & Technical Returns by County of Conviction

25 Figure 18. Court Commitments Most Serious Offense by Gender 26 Figure 19. Habitual Offender Commitments 27 Figure 20. Court Commitments Needs Levels 28 Figure 21. Court Commitments LSI-R Risk Distribution 30 Figure 22. Inmate Release Types 30 Figure 23. Type of Parole Releases 31 Figure 24. Governing Sentence by Release Type 32 Figure 25. Release Type by Release Location

33 Figure 26. Court Commitments: Governing Sentence & Time Served in Prison 35 Figure 27. Profile of Releases 36 Figure 28. Mandatory vs. Discretionary Parole Releases 37 Figure 29. Jurisdictional Inmate Population by Location on June 30, 2014

Figures Figure 30. End of Year Classification Levels, FY 2013 & FY 2014 38 Figure 31. Status of Incarcerated Inmate Population 39 Figure 32. Administrative Segregation Population Over Time 40 Figure 33. Most Serious Offense 41

Figure 34. Percent of Inmate Population Serving Life/Lifetime Sentences 42



Figure 35. Jurisdictional Inmate Population Characteristics 43



Figure 36. Female Inmate Population Characteristics 45



Figure 37. Community-Based Inmate Population Characteristics 46



Figure 38. Aging Population Trends 47



Figure 39. Needs Levels 48



Figure 40. Mental Health Needs 49



Figure 41. LSI-R Risk Distributions by Gender 49 Figure 42. Rate of Incidents Per 10,000 Offenders 51 Figure 43. Number of Incidents 51



Figure 44. Deaths in Custody 52



Figure 45. Cause of Death 52



Figure 46. Inmate Escapes 53

Figures 55 Figure 47. Participation in Programs 55 Figure 48. Program Completions 57 Figure 49. Average Daily Parole Caseload 58 Figure 50. Parole Office Caseload on June 30, 2014 59 Figure 51. Total Parole Population on June 30, 2014 60 Figure 52. Domestic Parole Profile on June 30, 2014 61 Figure 53. Domestic Parole Gender Comparison 62 Figure 54. Domestic Parole Supervision Type Comparison 63 Figure 55. Domestic Parolee Needs Levels 63 Figure 56. Parole Supervision Outcomes 66 Figure 57. 3-Year Recidivism Rate Over Time 67 Figure 58. Recidivism Rates by Return Type 68 Figure 59. Recidivists’ Time Out of Prison Before Returning, CY 2011 Release Cohort 69 Figure 60. 3-Year Recidivism Rate by Offender Characteristics

Tables

Tables Table 1. Presumptive Sentencing Ranges & Parole Periods 6 Table 2. Habitual Sentencing Law Changes 7 Table 3. Facility Populations & Capacities 15 Table 4. Cost Per Offender by Facility 17 Table 5. Adult Admissions 20 Table 6. Estimated Average Length of Stay (Months) 25 Table 7. Habitual Offender Sentences (Years) 26 Table 8. Lifetime Supervision Sentences (Years) 26 Table 9. Inmate Release Types by Gender 31

Overview

Overview INTRODUCTION

C

FIGURE 1 Average Daily Jurisdictional Population

DOC’s statistical report provides an analysis of Colorado’s prison system.

This

overview

describes

growth

trends,

34,679

34,064

population projections, facilities, costs and

11,470

10,985

staff data. Subsequent sections focus on admis-

229

265

33,024 10,748 267

32,125

31,490

11,313

10,775

261

237

sions, releases, inmate and parolee characteristics, and recidivism rates. Both inmate and

22,980

22,814

22,009

20,551

20,478

produced for the Youthful Offender System

2010

2011

2012

2013

2014

(YOS).

Parole Population

parole populations are represented in this report, though a separate annual report is

YOS Population Inmate Population

POPULATION GROWTH The average daily population (ADP) is used

Figure 2 details the one-, five- and 10-year

to measure trends in the CDOC population.

growth rates of the jurisdictional population.

Figure 1 shows the ADP of the inmate, parole

Inmate and YOS populations have seen min-

(including absconders and interstate parolees),

imal increase over the past decade; the parole

YOS and total populations over the past five

population has experienced a substantial in-

years. There was a 9.2% decrease in CDOC’s

crease over the last decade.

jurisdictional population from FYs 2010 to 2014.

Figures 3 and 4 provide the ADP breakdown for state and private prisons, community corrections, jail backlog and jail contracts. Private

1

Overview

FIGURE 2 Average Daily Jurisdictional Population Percent Change YOS

Total

20K

5 Yr Change

Offenders

13% -9%

15K

10K

5K

10 Yr Change

5 Yr Change

-2% 1 Yr Change

10 Yr Change

5 Yr Change

1 Yr Change

10 Yr Change

-9%

-6% 5 Yr Change

-5% 1 Yr Change

1 Yr Change

6%

3%

46%

Parole

1% 10 Yr Change

-11% 5 Yr Change

0% 1 Yr Change

Percent Change

Inmate

FIGURE 4 Average Inmate Jurisdictional Population

0K 2010

10 Yr Change

2012

2014

Jails/Other

Private Prisons

Community

State Prisons

Note: Other includes fugitives, revocations in jail, awaiting transfer and external placements.

FIGURE 3 Average Inmate Jurisdictional Population by Location (N = 20,478) State Prisons

13,747

Private Prisons

3,792

Community

2,282

County Jails - Backlog

244

County Jails - Contracts

1

Other

412

percentage identical to that of the previous fiscal year. The number of inmates housed in private prisons has steadily decreased since FY 2009; the number of inmates housed at state-run prisons also declined during this time period.

prisons in use during FY 2014 included Bent County Correctional Facility, Crowley County Correctional Facility, Kit Carson Correctional Center and Cheyenne Mountain Re-Entry Center. In FY 2014, 22% of the incarcerated population was housed at private prisons — a 2

Overview

CRIME, PRISON SENTENCE & INCARCERATION RATES

computed per 100,000 Colorado residents during a calendar year (CY).

Figure 5 presents sentence, incarceration and

Figure

5

provides

data

on

crime,

crime rates since 2003. Crime rates 1, which

sentence and incarceration rates for the

include offense and arrest data, are calculat-

past 10 years. The crime rate has declined a

ed per calendar year and are available on a

dramatic 31.4% since 2003, though 2012’s

one-year delay. Prior to the FY 2011 statisti-

crime rate was slightly higher than that of

cal report, incarceration rates were estimat-

2011. The sentence rate was also slight-

ed by CDOC. As of FY 2012, incarceration

ly higher in 2013 than in 2012. The incar-

rates are reported by the U.S. Bureau of Jus-

ceration rate has declined each year since

tice Statistics (BJS) each December for the

2008. Overall, the incarceration rate has

previous year; therefore, 2013 data is the

decreased 10.7% since 2003; 2013 had the

most current. Prison sentence and incarcer-

lowest recorded rate during this time frame.

ation rates 2 are used as indicators of growth in the prison population relative to growth in

FIGURE 5 10-Year Crime, Prison Sentence & Incarceration Rates

the state populace, as estimated annually by the Colorado Department of Local Affairs. Prison-sentence rates are calculated as the

4,298

4,438

ratio of the number of offenders sentenced to

Crime Rate (CY)

prison (i.e., court commitments) per 100,000

2,950

Colorado residents during a fiscal year. Incarceration rates and crime rates are Incarceration Rate (CY) Sentence Rate (FY)

430

1  Annual Crime in the United States reports, 2003-2013. Washington, D.C.: FBI.

384

127 2003

2  Annual Prisoners In reports, 2003-2013. Washington, D.C.: U.S. Department of Justice, Bureau of Justice Statistics.

3

115 2005

2007

2009

2011

2013

Overview Incarceration rates for all 50 U.S. states in

LEGISLATIVE CHANGES

2013 are shown in Figure 6. Colorado’s rate of

Several key pieces of legislation passed since

incarceration ranked in the middle of the

1979 have impacted the size of the CDOC

nation.

prison population. The following is a summary of the House bills (HB) and Senate bills (SB) FIGURE 6 2013 Incarceration Rates

that have had the most significant effects on felony sentencing and CDOC.

Louisiana Mississippi Oklahoma Alabama Texas Arizona Arkansas Georgia Florida Missouri Idaho Kentucky Indiana South Carolina Ohio Virginia Delaware Michigan Tennessee South Dakota Wyoming Pennsylvania Oregon Colorado Illinois Wisconsin West Virginia Alaska Montana North Carolina California Maryland Connecticut Kansas New Mexico Iowa New York Nebraska Hawaii Washington New Jersey Vermont Utah New Hampshire North Dakota Rhode Island Massachusetts Minnesota Maine Nevada

• HB 79-1589 changed sentences from

indeterminate to determinate terms and made parole mandatory at 50% of an offender’s sentence. • HB 81-1156 required sentences to be

above the maximum of the presumptive range for offenses defined as “crimes of violence” and crimes with aggravating circumstances. • HB 85-1320 doubled the maximum pen-

alties of the presumptive ranges for all felony classes and made parole discretionary. • SB 88-148 lowered sentencing ranges

for crimes of violence and crimes with 0

200 400 600 800 Rate per 100,000 Residents

aggravating circumstances to at least the

4

Overview midpoint of the presumptive range.

with three previous convictions, sentenc-

• SB 89-246 lowered several Class 5 fel-

onies to a newly created felony Class 6 with a presumptive range of one to two years.

es were made to be four times the maximum of the presumptive range. Under HB 92-1302, if one’s latest conviction was for a crime of violence, one would be sentenced to life (40 years to parole

• HB 90-1327 raised the amount of earned

eligibility date). This bill also eliminat-

time from five to 10 days per month for

ed earned time awards while on parole.

inmates, and allowed parolees to earn

See Table 1 for a summary of presump-

10 days per month to reduce parole time

tive ranges by felony class prior to, and

served.

subsequent to, HB 93-1302. See Table 2

• SB 90-117 raised life sentences from

parole eligibility after 40 years to life without parole for Class 1 felonies committed on or after Sept. 20, 1991.

for a summary of habitual sentencing law changes. • Special Fall Session SB 93-09 created

a new judicial sentencing provision for

• HB 93-1302 lowered the presumptive

ranges for certain nonviolent Class 3 – 6

offenders between the ages of 14 and 18 for certain crimes, and established YOS.

felonies and added a split sentence, man-

• SB 94-196 added a new habitual sentenc-

dating a period of parole for all crimes

ing provision of life (40 years to parole

following a prison sentence. Habitual

eligibility) if a new crime conviction is

offender sentencing was changed for all

for a Class 1 or 2 felony, or for a Class 3

felony offenses Classes 2 – 5. For those

felony crime of violence with two previ-

with two previous convictions, sentences

ous felony convictions within 10 years of

were mandated to be three times the max-

commission of the new crime.

imum of the presumptive range; for those 5

Overview

TABLE 1 Presumptive Sentencing Ranges & Parole Periods 1985 – 1993

Felony Class

1993 – present

Presumptive Range

Mandatory Parole Perioda

Presumptive Range

Minimum

Maximum

Minimum

Maximum

1

8 year

24 year

8 year

24 year

5 year

2

4 year

16 year

4 year

16 year

5 year

3 Ext

4 year

16 year

4 year

16 year

5 year

3

4 year

16 year

4 year

12 year

5 year

4 Ext

2 year

8 year

2 year

8 year

3 year

4

2 year

8 year

2 year

6 year

3 year

5 Ext

1 year

4 year

1 year

4 year

2 year

5

1 year

4 year

1 year

3 year

2 year

6 Ext

1 year

2 year

1 year

2 year

1 year

6

1 year

2 year

1 year

1.5 year

1 year

Ext = extraordinary risk crimes a  The mandatory parole period for unlawful sexual behavior and incest was five years for crimes committed before Nov. 1, 1998. However, the final ruling of the Colorado Supreme Court in July 2001 determined these offenses were not subject to mandatory parole. Most sexual offenses committed on or after Nov. 1, 1998, are subject to lifetime on parole.

• HB 95-1087 reinstated the ability of cer-

sentence of at least the minimum of the

tain nonviolent parolees to accumulate

presumptive range for the level of offense

earned time while on parole.

committed and a maximum of natural life. All offenders sentenced under this

• HB 96-1005 lowered the YOS age limit

law must undergo evaluation and treat-

from 14 to 12 years and broadened the

ment to be eligible for parole. The Col-

offenses eligible for YOS sentencing.

orado State Board of Parole determines

• HB 98-1156 is the Colorado Sex Offend-

when these offenders can be supervised

er Lifetime Supervision Act of 1998.

in the community.

Under it, all offenders convicted of a fel-

• HB 98-1160 applied to Class 2, 3, 4 and

ony sex offense committed on or after

5, or second or subsequent Class 6, felo-

Nov. 1, 1998, receive an indeterminate

nies occurring on or after July 1, 1998. It 6

Overview

TABLE 2 Habitual Sentencing Law Changes

Crime of Violence OR

Previous Convictions

Class 1 or 2 Felony, or Class 3 Felony Crime of Violence OR

Two

Three

Previous Habituala

2 Previous Class 1, 2 or 3 Crimes of Violenceb

Pre HB93-1302

25-50 year

Life (40-year PED)c





Post HB93-1302

3x maximum of presumptive range of felony

4x maximum of presumptive range of felony

Life (40-year PED)



Post SB94-196

3x maximum of presumptive range of felony

4x maximum of presumptive range of felony

Life (40-year PED)

Life (40-year PED)

Legislation

Note: A felony constitutes any felony in this state or another state in the United Stated or any territory subject to U.S. jurisdiction, or a crime that would be a felony if committed in this state. a  Any person who is convicted and sentenced for habitual (three previous convictions) and is thereafter convicted of a felony that is a crime of violence. b  Any person who is convicted of a Class 1 or 2 felony, or a Class 3 felony that is a crime of violence, and previously has been convicted twice of a Class 1, 2 or 3 crime of violence, excluding first- and second-degree burglary. c  PED = parole eligibility date

mandated that every offender complete a

for up to 180 days. This bill also limited

period of 12 continuous months of parole

to 180 days the time a parolee may be

supervision after incarceration.

returned to prison for a technical

• SB 03-252 removed the 12 continuous

violation

months of parole supervision after in-

• HB 04-1189 increased time served be-

carceration, allowing the Parole Board

fore parole eligibility for certain violent

to return a parolee who paroled on a

offenses. Under this bill, first-time of-

nonviolent Class 5 or 6 felony (except

fenders convicted of these violent offens-

menacing or unlawful sexual behavior)

es must serve 75% of their sentence (less

to a community corrections program or

earned time awarded). If convicted of a

pre-parole release-and-revocation center

second or subsequent violent offense,

7

Overview they must serve 75% of their sentence

been twice convicted of a felony upon

and are not eligible for earned time.

charges separately brought — charges that had arisen out of separate and dis-

• HB 06-1315 reduced sentences for juve-

tinct criminal episodes — to be eligi-

niles convicted of Class 1 felonies from

ble for probation unless his or her cur-

a term of life in prison without parole

rent conviction, or a prior conviction,

eligibility, to life with parole eligibility

was for first or second degree murder;

after 40 years.

manslaughter; first or second degree as-

• HB 09-1122 expanded YOS sentencing

sault; first or second degree kidnapping;

eligibility to include offenders who were

a sexual offense; first degree arson; first

18 or 19 years old at the time of their

or second degree burglary; robbery; ag-

offense and sentenced prior to their 21st

gravated robbery; theft from the person

birthday.

of another; a felony offense committed against a child; or any criminal attempt

• HB 09-1351 increased the amount of

or conspiracy to commit any of the afore-

earned time from 10 days to 12 days for

mentioned offenses, if convicted on or

those serving a sentence for certain Class

after the effective date of the act.

4, 5 or 6 felonies who are program-com-

• HB 10-1352 lowered the penalty for

pliant and have never been convicted of specified offenses.

unlawful use of a controlled substance; separated the crime of possession of a

• HB 09-1263 enabled those confined

controlled substance (other than mar-

pending a parole revocation hearing to

ijuana) from the crime of manufactur-

receive credit for the entire period of

ing, dispensing, selling, distributing, or

such confinement.

possessing with intent to manufacture,

• HB 10-1338 allowed a person who had

dispense, sell, or distribute a controlled 8

Overview substance, and changed the penalties for

• HB 10-1374 determined that the Colo-

such crimes; and made distributing a

rado Sex Offender Management Board

controlled substance to a minor a Class

would develop a specific sex offender re-

3 felony subject to enhanced sentencing.

lease guideline instrument for the Parole

In addition, the bill increased the amount

Board to use when determining whether to

of a Schedule I or II controlled substance

release a sex offender on parole or

necessary to designate a special offend-

revoke his or her parole status. This bill

er and lowered the penalty for fraud and

also required CDOC to work with the

deceit in connection with controlled sub-

Parole Board to develop guidelines for the

stances from a Class 5 to a Class 6 felo-

Parole Board to use in determining when

ny.

to release a parolee or revoke his or her

• HB 10-1360 made offenders with Class

4 felonies eligible for the Community Return to Custody Program and limited the amount of time a technical parole violator can return to prison to 90 or 180 days based on an offender’s risk level.

parole. It also removed the statutory provision that required a parole officer (PO) to arrest a parolee as a parole violator if the parolee is located in a place without lawful consent. This bill redefined the criteria set forth in HB 09-1351 and made certain inmates serving sentences for lower-class,

• HB 10-1373 reduced the penalty for

nonviolent felonies eligible for more

escape from a Class 4 felony to a Class 5

earned time awards per month than other

felony and abolished the mandate that a

offenders.

sentence be served consecutively to any other sentence if the escape was from a direct sentence to a community corrections facility or intensive-supervised parole.

• HB 10-1413 changed the minimum age of

the defendant to be tried as an adult from 14 to 16 years of age, except in the case of first-degree murder, second-degree murder

9

Overview or certain sex offenses. This bill allowed

• HB 12-1223 allowed offenders sentenced

Class 2 felonies (excluding sex offenses) to

and paroled for a felony offense commit-

be sentenced to YOS except in the case of

ted after July 1, 1993, to receive earned

a second or subsequent sentence to CDOC

time while re-incarcerated after a parole

or YOS.

revocation. It also allowed inmates who successfully complete a milestone or phase

• SB 11-176 allowed inmates housed in

of an educational, vocational, therapeutic,

administrative segregation the opportunity

or re-entry program, and/or who demon-

to accrue earned time to be deducted from

strate exceptional conduct that promotes

their sentences.

the safety of correctional staff, volunteers,

• SB 11-241 expanded the eligibility of in-

contractors, or other persons, to be award-

mates who meet criteria for special-needs

ed as many as 60 days of earned time per

parole

accomplishment, up to 120 days per incar-

and

created

presumptions

in

favor of parole for nonviolent inmates with

ceration.

immigration detainers.

• HB 12-1271 limited the offenses for

• HB 11-1064 built upon HB 10-1352 by

which a juvenile may be subject to direct

creating a pilot program of presumption in

file to Class 1 felonies, Class 2 felonies,

favor of granting parole to an inmate who

crime-of-violence felonies or sex offenses

is parole-eligible and serving a sentence

if the juvenile has a previous felony ad-

for a drug-use or drug-possession crime

judication or violent sex offenses. It also

that was committed prior to Aug. 11, 2011.

limited instances in which juveniles were

The inmate must meet other criteria relat-

subject to certain previous district court

ed to previous criminal and institutional

proceedings. The act also limited direct file

behavior to be eligible for the presumption.

to juveniles 16 and older.

10

Overview • SB 13-216 reinstated certain provisions of

POPULATION PROJECTIONS

HB 09-1122 that were repealed on Oct. 1,

Two sets of population projections are pre-

2012, relating to the sentencing of young

pared by outside agencies for budgeting and

adult offenders to YOS. Provisions of this

planning purposes. The Division of Criminal

bill allowed certain young adult offend-

Justice (DCJ), within the Colorado Depart-

ers to be sentenced to YOS if they were

ment of Public Safety, and Legislative Council

18 or 19 years old at the time a crime was

Staff (LCS) are statutorily mandated to devel-

committed and under 21 years old at the

op forecasts for the adult and juvenile popula-

time of sentencing. SB 13-250 created a

tions within the criminal justice system. DCJ

new sentencing grid for drug crimes. This

updates its projections every six months to re-

bill primarily decreased the seriousness

flect the most recent sentencing revisions and

of drug crimes and reduced penalties for

trends; LCS completes its projections once per

those crimes.

year.

• HB 13-1160 modified theft-conviction

penalties, basing them on the value of the goods or property stolen.

Figure 7 compares the actual population of CDOC to the last four years of inmate population projections developed by DCJ and LCS. The most recent inmate population projections

• HB 14-1260 required mandatory mini-

were released in December 2014. The graph

mum sentences for certain sexual offens-

illustrates wide variations in year-to-year pro-

es involving a child.

jections.

• HB 14-1266 modified value-based of-

fenses, basing them on the value of the loss.

Parole population projections are similarly compared in Figure 8. Both inmate and parole population projections are affected by a number of factors, including the number and sentence length of new commitments, Parole Board discretion to release inmates, rates of

11

Overview

FIGURE 8 DCJ & LCS Parole Projections vs. Actual CDOC Parole Population

FIGURE 7 DCJ & LCS Inmate Projections vs. Actual CDOC Inmate Population

10K

24K

9K

DCJ

DCJ

22K

20K

8K

7K

24K

6K 10K

22K

9K

LCS

LCS

18K

20K

8K

7K 18K 2012

2013

CDOC Population: Actual

2014

2015

Projection Year: 2011 2012

2016

6K

2017

2012 CDOC Population:

Actual

2013 2014

revocation for parolees, and new legislation.

2013

2014

2015

2016

2017

Projection Year:

2011

2013

2012

2014

Figure 9 are defined in Colorado Revised Statutes (CRS) 17-1-104.3 as follows:

PRISON FACILITIES Figure 9 illustrates the locations and security levels of the 24 prisons throughout the state of Colorado. Twenty are owned and operated by the state of Colorado, and four are private-contract facilities. The security levels identified in

Level I facilities shall have designated boundaries but need not have perimeter fencing. Inmates classified as Minimum may be incarcerated in Level I facilities. However, generally, inmates of higher classifications shall not be incarcerated at Level I facilities. 12

Overview

FIGURE 9 CDOC State & Private Facilities

Level II facilities shall have designated

razor wire, and detection devices. The

boundaries with single- or double-perimeter

perimeter of Level III facilities shall be con-

fencing. The perimeter of Level II facilities

tinuously patrolled. Appropriately designated

shall be patrolled periodically. Inmates clas-

Close-classified inmates, Medium-classified

sified as Minimum Restrictive and Minimum

inmates and inmates of lower classification

may be incarcerated in Level II facilities.

levels may be incarcerated at Level III facil-

However, generally, inmates of higher classi-

ities. However, generally, inmates of higher

fications shall not be incarcerated in Level II

classifications shall not be incarcerated at Lev-

facilities.

el III facilities.

Level III facilities generally shall have towers, a wall or double-perimeter fencing with 13

Overview Level IV facilities shall generally have

Design capacity: The number of housing

towers, a wall or double-perimeter fencing

spaces for which a facility is constructed, or

with razor wire, and detection devices. The

for which a facility is modified by remodeling,

perimeter of Level IV facilities shall be con-

redesign, or expansion.

tinuously patrolled. Close-classified inmates and inmates of lower classification levels may be incarcerated at Level IV facilities. Howev-

Expanded capacity: The number of housing spaces above the facility design capacity. Operational capacity: Design capacity

er, generally, inmates of higher classifications shall not be incarcerated in Level IV facilities on a long-term basis. Level V facilities comprise the highest security level and are capable of incarcerat-

plus expanded capacity. Management control, special use, segregation and reception beds are included in the design capacity for all facilities.

ing all classification levels. The facilities shall

State facility capacities and on-grounds

have double-perimeter fencing with razor wire,

population on June 30, 2014, are shown

and detection devices or equivalent security

in Table 3. The percent of capacity used,

architecture. These facilities generally shall

calculated as the on-grounds population

use towers or stun-lethal fencing as well as

divided by the design capacity, is also list-

controlled sally ports. The perimeter of Level

ed. Therefore, percentages greater than 100%

V facilities shall be continuously patrolled.

indicate prison housing in excess of the design capacity of the facility. Capacities of

FACILITY CAPACITIES

contract beds and community placements are

Capacity refers to the number of state pris-

not provided because these can vary according

on beds available to house inmates. Three

to need and contract terms.

capacity terms are used by CDOC to describe prison bed space. 14

Overview TABLE 3 Facility Populations & Capacities CAPACITIES

State Facilities

Year Open

On-Grounds Population

Design

Expanded

% Design Capacity

Operational

Arkansas Valley Correctional Facility

1987

991

1,007

0

1,007

98%

Arrowhead Correctional Center

1989

518

484

36

520

100%

Buena Vista Correctional Center

1892

1,206

1,107

77

1,184

102%

Centennial Correctional Facility

1980

294

294

26

320

92%

Colorado Correctional Center

1969

146

150

0

150

97%

Colorado State Penitentiary

1993

691

756

0

756

91%

Colorado Territorial Correctional Facilitya

1871

871

694

235

929

94%

Delta Correctional Center

1964

431

480

0

480

90%

Denver Reception & Diagnostic Centera

1991

536

496

76

572

94%

Denver Women’s Correctional Facility

1998

955

900

76

976

98%

Four Mile Correctional Center

1983

516

484

37

521

99%

Fremont Correctional Facility

1957

1,637

1,448

172

1,620

101%

La Vista Correctional Facility

1994

539

519

55

574

94%

Limon Correctional Facility

1991

926

500

430

930

100%

Rifle Correctional Center

1979

190

192

0

192

99%

San Carlos Correctional Facility

1995

226

250

5

255

89%

Skyline Correctional Facility

1957

247

249

3

252

98%

Southern Transportation Unit

2002

23

30

0

30

77%

Sterling Correctional Facility

1998

2,455

2,455

43

2,488

99%

Trinidad Correctional Facility

2001

490

404

96

500

98%

a  Infirmary beds at Colorado Territorial Correctional Facility and Denver Reception & Diagnostic Center are not included.

15

Overview

ANNUAL INMATE COSTS

YOS costs are higher than that of adult facil-

The annual cost per inmate by facility is

ities due to the intensive education and treat-

shown in Table 4. Costs generally increase

ment services provided to YOS inmates.

with the security level of the facility, although variations occur by facility due to different

FULL-TIME EMPLOYEES

construction, inmate needs and services avail-

There were 6,000 full-time CDOC employ-

able at each prison. The average annual cost per

ees at the end of FY 2014. The demographic

adult inmate increased slightly, from $34,956

was primarily composed of Caucasian males

in FY 2013 to $35,895 in FY 2014. The FY

ages 40 and over (see Figure 10). The eth-

2014 private prison per diem was $57.37, and

nic composition of CDOC staff is similar to

the local jail daily per diem was $55.19.

that of Colorado citizens (73% of CDOC

Table 4 also presents cost data for commu-

staffers identify as Caucasian, whereas 81%

nity programs and YOS. Costs to supervise

of Colorado citizens identify as Caucasian3).

community-based inmates are substantial-

Correctional officers (CO) comprise 56% of

ly lower than prison costs because their res-

CDOC staff.

idential stay is funded by the Division of

Figure 11 breaks down the rank of the CO

Criminal Justice. However, community parole

series. The majority of COs are at the lowest

officers (CPO) are nonetheless responsible

level of rank (I); very few are at the highest

for the supervision of these transitional in-

level (V).

carcerated offenders. CPOs provide case-

Figure 12 shows the number of employees

management services and release planning

by location. During the course of the year,

in order to transition community inmates to the

782 employees left employment, resulting in a

Intensive Supervision Program (ISP), parole or

turnover rate of 13%.

discharge of sentence. They also coordinate with local law enforcement departments on matters of public safety.

3  2010 Population by Race and Hispanic Origin Colorado - All Ages and 18 years and over. https://dola.colorado.gov/ dlg/demog/2010data/race%20and%20hispanic%20origin%20 state_2000%202010.pdf

16

Overview TABLE 4 Cost Per Offender by Facilitya Facility

Annual Cost

Daily Cost

Facility

Annual Cost

Daily Cost

Colorado Correctional Center

$26,437

$72.43

$64,386

$176.40

Delta Correctional Center

Centennial Correctional Facility

$35,124

$96.23

$48,487

$132.84

Rifle Correctional Center

Colorado State Penitentiary

$30,072

$82.39

$65,007

$178.10

Skyline Correctional Center

Denver Reception & Diagnostic Center

$23,973

$65.68

Denver Women’s Correctional Facility

$41,303

$113.16

Level I Security Average

$29,798

$81.64

San Carlos Correctional Facility

$79,515

$217.85

Southern Transport Unit

$39,037

$106.95

Arrowhead Correctional Center

$32,226

$88.29

$30,456

$83.44

Four Mile Correctional Center

Sterling Correctional Facility

$25,382

$69.54

$52,599

$144.11

Trinidad Correctional Center

Level V Security Average

$30,934

$84.75

Level II Security Average

$29,423

$80.61

Average Cost Grand Total

$35,895

$98.34

Arkansas Valley Correctional Facility

$30,415

$83.33

External Capacity

$20,939

$57.37

Buena Vista Correctional Facility

$30,207

$82.76

Colorado Territorial Correctional Facility

$41,818

$114.57

Fremont Correctional Facility

$28,240

$77.37

La Vista Correctional Facility

$40,333

$110.50

Level III Security Average

$32,683

$89.54

Limon Correctional Facility

$32,142

$88.06

Level IV Security Average

$32,142

$88.06

Community & Parole Supervision Community Corrections

$4,617

$12.65

$19,750

$54.11

Parole

$4,544

$12.45

Parole ISP

$9,574

$26.23

YOS Pueblo Facility

$76,584

$209.82

YOS Aftercare

$38,913

$106.61

YOS Backlog

$54,254

$148.64

Community Corrections ISP

Youthful Offender System

Note: May not total due to rounding error. a  Colorado Department of Corrections Finance and General Administration

17

Overview

FIGURE 12 Employees per Facility (N = 6,000)

FIGURE 10 Employee Demographics

303

Arkansas Valley CF

Gender Female

345

Buena Vista CC

36%

Male

231

Centennial CF

64%

Colorado CC

37 378

Colo State Pen

Age Range 21-29

12%

30-39

29%

50-59

Canon Minimum Centers

350 125 707

Denver Complex

27%

60 +

338

Delta CC

22%

40-49

Colo Territorial CF

427

Fremont CF

11%

201

La Vista CF

307

Limon CF

Ethnicity

Rifle CC 73%

Caucasian

African American

210

San Carlos CF

19%

Hispanic/Latino

48 759

Sterling CF

5%

Trinidad CF

Native American 1%

Youthful Offender System

Two or More Races 1%

Central Impact Employees

Asian 1%

Correctional Industries

Pacific Islander 0%

Parole Offices

148 180 392 164 350

Note: The Central Impact Employees category includes Central Office, Business Office, Training, Warehouse, Transportation, Investigations, CWCF and Canteen.

FIGURE 11 Correctional Officers (CO) by Rank (N = 3,342) CO I

65%

CO II

21%

CO III CO IV

10% 3%

CO V 1%

18

Inmate Admissions

Inmate Admissions A

dmissions to the CDOC adult prisFIGURE 13 Admissions and Releases

on system increased in FY 2014 by

6.3%. This is the second year of increase after a steady four-year decline (see Figure 13). Additionally, for the first time in four years, admissions have surpassed releases. Releases

Admissions 10,269 9,912

8,165 Releases

7,504

showed a 5.7% decrease from FY 2013. Table 5 shows counts by admission type and gender for FY 2014. Compared to FY 2014

2013

2012

2011

2010

2009

2008

2007

2006

2005

female admissions increased 13.4%. Court

2004

2013, male admissions increased 5.3%, while

commitments include individuals receiving new incarceration sentences; technical returns

and dual commitments.

include offenders previously incarcerated in

Figure 14 shows 10-year trends of admis-

Colorado who released to parole, probation,

sions by type. Court commitments decreased

or a court-ordered discharge and subsequent-

from FYs 2008 through 2012, while technical

ly returned without a new felony conviction.

returns only decreased from FY 2010 through

Technical returns may have new misdemeanor

FY 2012. Both court commitments and tech-

convictions, traffic convictions or violations of

nical returns contributed to the overall in-

conditions specified in the parole agreement.

crease in admissions in FYs 2013 and 2014.

Other admissions consist of transfers under

Court commitments increased by 2.9%, and

interstate compact agreements, bond returns,

technical returns by 11.4%, from FYs 2013 to

returns under the consecutive sentence audit

2014.

19

Inmate Admissions

TABLE 5 Adult Admissions MALE

FEMALE

TOTAL

Court Commitments/New Conviction

6,172

3

11

12

0

12

4

0

4

5,335

837

6,172

Probation YOS Failure Subtotal

4,068

Technical returns 2,342

Technical Returns CourtOrdered Discharge Probation Subtotal

3,559

461

4,026

24

2

26

2004

Parole Return

20

2

22

3,603

465

4,068

Bond Return/Audit Return/State Hospital

TOTAL ADMISSIONS

29

once using his or her first admission for the fiscal year. The descriptive analysis includes

Other Interstate Compact

Other admits

15

2013

8

2012

911

2011

96

2010

815

CourtOrdered Return

2009

Parole Return

Court commitments

5,808

2008

5,234

2007

738

2006

4,496

2005

New Commitments

2014

ADMISSION TYPE

FIGURE 14 Admission Trends Over Time

23

1

24

5

0

5

8,966

1,303

10,269

DEMOGRAPHIC CHARACTERISTICS Demographic characteristics of offenders incarcerated as court commitments and technical returns were examined. In FY 2014, 567 offenders had multiple admissions. In order to illustrate the characteristics of offenders admitted, each offender was included only

6,063 court commitments and 3,624 technical returns. The demographic characteristics of FY 2014 inmate admissions are provided in Figure

15.

Gender

was

similar

across

admission types. No commitments were under the age of 19. Certain youthful offenders receiving an adult prison sentence may be eligible for YOS, a sentencing alternative created in 1993; this population is reported elsewhere. Among 2014 commitments, 6% were 50 or older.

20

Inmate Admissions

OFFENSE DATA

FIGURE 15 Admission Type by Gender

To

11% 89%

inmates’

factors including sentence length, felony class, enhancements

Age Group 1%

20-24 25-29

20%

30-34

20%

first admission for the year was used. Felony-

20%

class distributions of both court commit-

13% 19%

ments

24% 50-59

9%

mon,

2% 2%

Class

0% 0%

technical

returns

show

that

followed 3

by

Class

5

and

then

offenses

(see

Figure

16).

Figure 16 also presents the crime type of the most serious offense, again by admis-

Ethnicity/Race 49%

Caucasian

sion type and violence category. Offenses are

43% 32%

Hispanic/ Latino

categorized

31% 15%

African American

and

Class 4 felonies were the most com-

12% 60-69

lifetime

individuals were only included once; their

13%

40-49

habitual,

tiple admissions were removed so that

20%

35-39

(e.g.,

supervision) and crime type. Again, mul-

17% 8%

Asian American

of

serious offense is determined by a number of

86%

Male

Native American

seriousness

serious offense conviction is used. Most

14%

Female

70+

the

sentences, the felony class of the most

Gender

18-19

assess

as

violent

or

nonviolent,

using a broad definition describing the general

21% 3%

nature

4%

of

the

offense

rather

than

the

statutory definition found in C.R.S. 18-1.3-

1% 1%

406.

Court Commitments

Roughly one-third of admissions are for

Technical Returns

violent 21

crimes

and

two-thirds

are

for

Inmate Admissions

FIGURE 16 Admission Type by Most Serious Offense Felony Class Court Commitments

Technical Returns

1 1% 2

2%

3

1%

2% 16%

4

15%

36%

5

42%

28%

38%

28%

14%

28%

11%

Habitual 1% Lifetime Sex

0%

15%

6

Total

0%

13%

1%

2%

1%

1%

2%

Drug Felony Class 3 0%

0%

Drug Felony Class 4 1%

0%

Drug Felony Class 1 0%

0%

Crime Type Court Commitments Violent

3.2%

Sexual Assault

3.4%

Kidnapping

Nonviolent

10.5%

7.4%

4.6%

Child Abuse Robbery

Total

9.4%

8.6%

Menacing

Aggravated Robbery

Technical Returns

11.2%

Assault

8.1%

2.9%

4.0%

4.3%

3.6%

3.4%

2.9%

3.4%

3.6%

1.1%

3.2%

0.7%

0.9%

2nd Degree Murder

1.4%

0.4%

1.0%

1st Degree Murder

1.0%

0.2%

0.7%

Manslaughter

0.6%

0.2%

0.5%

Homicide

0.4%

0.3%

0.3%

Arson

0.2%

0.3%

0.3%

21.9%

Controlled Substances

22.0%

10.6%

Burglary

7.7%

Escape

11.2%

13.5%

4.4%

MV Theft

21.9%

12.3%

9.8%

4.3%

4.3%

Identity Theft

4.4%

3.6%

4.1%

Public Peace

4.0%

3.6%

3.9%

Forgery Fraud/Embezzlement

3.3%

2.9%

1.3%

0.8% 1.4%

3.1% 1.1%

Marijuana

0.7%

1.0%

Contraband

0.9%

0.7%

0.8%

Perjury

0.8%

0.7%

0.8%

0.8%

0.4%

0.6%

Other Drug Offenses

0.3%

0.5%

0.4%

Miscellaneous

0.3%

0.5%

0.4%

Organized Crime

22

Inmate Admissions nonviolent, although technical returns are

of actual time that new admissions are expect-

more likely to have nonviolent offenses than

ed to serve in prison. These calculations are

are court commitments. (This is because

made using sentence length and time served

violent offenders have longer prison sentenc-

for inmates released during the same year.

es and parole less frequently than nonviolent

Table 6 presents anticipated lengths of stay

offenders).

based on felony class (F1 – F6) and crime type (extraordinary risk of harm, sex, drug, and

COUNTY OF COMMITMENT

other).

Figure 17 displays the percentage of court commitments and technical returns from each county in the state. Denver County continues to represent the largest portion of admissions, followed by other counties along the Front Range such as El Paso, Jefferson, Adams and Arapahoe.

HABITUAL OFFENDER SENTENCES Figure 19 summarizes court commitments with habitual convictions. Fifty offenders were sentenced under habitual offender provisions for their most serious offense in FY 2014, only one of which was sentenced under pre-HB 93-1302 law. It should be noted that

GENDER COMPARISON Figure 18 shows the gender split for each crime category.

some offenders who received habitual sentences are not reported here if their most serious offense was not the crime(s) carrying the habitual sentence, although sentence

LENGTH OF STAY The average length of stay of new court commitments and parole returns with a new crime is estimated by the Division of Criminal Justice in the annual Correctional Population Forecast. Average lengths of stay are estimates 23

enhancements correspond to most serious offenses in the majority of cases. Offenders sentenced under pre-HB 93-1302 receive a life sentence with parole eligibility after 40 years or a 25- to 50-year sentence. Those sentenced

Inmate Admissions

FIGURE 17 Percent of Court Commitments & Technical Returns by County of Conviction Maps

Percent of Court Commitments

Primary First

Map TV

-1 0

Percent of Technical Returns

24

Inmate Admissions TABLE 6 Estimated Average Length of Stay (Months)

FIGURE 18 Court Commitments Most Serious Offense by Gender

Violent

Manslaughter

72%

28%

New Commitments Male

Parole Returns

Female

Male

Female

Arson

83%

17%

F1

480.0

480.0





2nd Degree Murder

85%

15%

F2 Ext

233.5

237.2

138.5

25.5

Child Abuse

87%

Robbery

88%

1st Degree Murder

88%

Aggravated Robbery

90%

Assault

91%

Menacing

92%

Homicide

94%

Weapons

96%

Kidnapping

98%

Sexual Assault - Child

98%

Sexual Assault

99%

9%

F2 Sex









F2 Drug





70.5



F2 Other

98.7

106.9

47.7



F3 Ext

87.0

59.1

79.1

57.5

F3 Sex

101.0

84.8

103.0



59.7

47.8

39.0

34.8

F3 Drug F3 Other

69.3



60.3

31.2

F4 Ext

50.1

39.2

40.7

29.2

F4 Drug

30.2

28.8

28.8

19.7

F4 Other

40.0

34.0

33.9

36.3

F5 Ext

28.5

20.1

29.4

17.4

Miscellaneous

64%

36%

Other Drug Offenses

63%

38%

F5 Sex

33.7

31.6

26.1



34%

F5 Drug

20.0

27.1

35.3

29.5

Identity Theft

Nonviolent

Felony Class/ Type

66%

Fraud/Embezzlement

72%

28%

F5 Other

24.2

22.8

23.7

19.0

Forgery

74%

26%

F6 Ext

16.3

12.1

24.4



Escape

77%

23%

F6 Sex

11.6

11.7

14.8



Organized Crime

77%

23%

F6 Drug

10.8

10.8

19.8

25.6

Contraband

79%

21%

Theft

79%

21%

F6 Other

11.8

12.2

13.7

10.8

Controlled Substances

85%

MV Theft

85%

Perjury

87%

Public Peace

87%

Marijuana

92%

Burglary

92%

Trespassing/Mischief

93%

Traffic

93% Males

15%

Habitual

204.5

297.6

139.7

33.0

Lifetime

262.2

311.6

67.5



TOTAL

52.1

37.9

43.5

29.3

post-HB 93-1302 receive a sentence at three times the maximum of the presumptive range for two previous convictions and four times

Females

the maximum for three previous convictions. Table 7 shows the average, minimum and maximum sentences for those with two or three previous convictions. 25

Inmate Admissions

LIFETIME SUPERVISION SEX OFFENDERS

FIGURE 19 Habitual Offender Commitments (N = 50) 2 Previous Convictions

offense felonies to be sentenced to prison for 1

1

Aggravated Robbery Assault

4 1

Child Abuse Forgery

average minimum sentences for offenders

5

3 2

2

Identity Theft

sentenced to prison under the lifetime sex

2

Kidnapping

offender supervision provision in FY 2014;

3

Marijuana

1

Menacing

1

MV Theft

1

1

all were males except one. The data shown in

1

Perjury

Table 8 may not represent all commitments

2 1

Robbery

sentenced under these provisions, as this

2

2 1

Traffic Trespassing/Mischief

of life. Table 8 details the felony class and

1

2

Controlled Substances

Theft

a set minimum term and a maximum term

4 1

Burglary

Public Peace

offenders convicted of Class 2, 3 or 4 sex-

3 Previous Convictions

2

1st Degree Murder 2nd Degree Murder

Legislation enacted in 1998 requires most

analysis uses only the most serious crime.

1

Post HB 93-1302

In some cases the most serious crime is a

1

1

non-sexual offense, and the lesser qualifying

Pre HB 93-1302

sex offense carries the lifetime supervision sentence.

TABLE 7 Habitual Offender Sentences (Years) 2 Previous Convictions Average

3 Previous Convictions 29

49

Minimum

3

1

Maximum

96

292

TABLE 8 Lifetime Supervision Sentences (Years) Avg. Minimum Sentence

# Offenders Felony Class 2

5

49

Felony Class 3

69

22

Felony Class 4

74

6

148

15

TOTAL

26

Inmate Admissions

RISK & NEEDS ASSESSMENTS FIGURE 20 Court Commitments Needs Levels

Initial needs levels are assessed during the diagnostic process for court commitments and are used for identifying inmates for placement in services. These needs levels are assessed through a combination of methods, including observation, interview, self-report, standardized testing and review of criminal justice records. Each needs level is rated on a scale of one through five, with higher scores

Medical 27%

Male

73% 72%

Female

moderate-to-severe

needs

(levels 3 through 5) in each area to those with none-to-low needs (levels 1 and 2). Generally, inmates with moderate to severe needs are targeted for services in that area. The highest needs areas overall are substance abuse followed by vocational and mental health. Compared to males, females have much higher medical, mental health, substance abuse and

28%

32%

Total

68%

Mental Health 33%

Male

67% 70%

Female

30%

38%

Total

62%

Substance Abuse 83%

Male

17%

90% 84%

Total

Figure 20 compares the ratio of court comwith

None - Low

Female

indicating greater needs.

mitments

Mod - Severe

16%

Sex Offender Male

17%

83% 96%

Female Total 16%

84%

Developmental Disability Male

95%

Female

97%

Total

95%

Vocational Male Female Total

42%

58%

47% 43%

53% 57%

Academic Male Female Total

28% 33% 28%

72% 67% 72%

vocational needs, but lower sex offender treatment needs. Lastly, Figure 21 shows risk distributions of male and female court commitments, as assessed

using

the

LSI-R

(Level

of 27

Supervision Inventory — Revised). The average range is 30 – 34 for males and 35 – 39 for females.

Inmate Admissions

FIGURE 21 Court Commitments LSI-R Risk Distribution

Male

22%

27% 21%

12% 0% 0% 2%

9%

6%

1% 0% 35%

Female

26% 14%

12% 5% 6%

1% 0%

27% Total

21%

23%

11%

50-54

45-49

35-39

30-34

25-29

1% 0% 20-24

15-19

10-14

5-9

0-4

0% 0% 2%

9%

6%

40-44

0% 1%

LSI-R Scores

28

Inmate Releases

Inmate Releases

T

his

releases

to offenders convicted of sex offenses between

from inmate status, which may include

July 1, 1993, and June 30, 2002. The Colorado

releases from prison, community corrections

State Supreme Court (People v. Martin, Case

or jail settings. These releases may differ from

99SC602) and the Colorado Court of Appeals

those reported by the Parole Board, which

(People v. Cooper, Case 98CA1614) ruled that

are

are

these sex offenders were subject to a period

granted and may not occur in the same fiscal

of discretionary parole that could not be longer

year as the actual release.

than the remainder of the imposed maximum

a

section

reflection

reflects

of

actual

when

releases

There are three main release categories. Parole

releases

include

inmates

who

sentence of incarceration. These cases became final in July 2001.

are granted discretionary parole by the

As a result, sex offenders convicted of

Parole Board, inmates who serve their max-

offenses between 1993 and 2002 are no longer

imum sentence and release on their manda-

subject to the mandatory parole provisions.

tory release date, and inmates who re-parole

This ruling has resulted in 1,351 sex offend-

after having their parole revoked. Certain

ers discharging their prison sentences without

felony Class 4, 5 and 6 offenders who do not

further supervision since FY 2002. An ap-

receive discretionary parole may release 30 –

pellate court decision in People v. Falls

60 days before their mandatory release date

(Case 00CA2169) ruled that habitual of-

if eligible per the provisions of HB 09–1351.

fenders

Sentence discharges include Martin/Cooper

July 1, 1993, and June 30, 2003, fell into

discharges, and discharges to pending charges

the same category as Martin/Cooper and

or detainers. Martin/Cooper discharges apply

were not required to serve a mandatory

29

with

dates

of

offense

between

Inmate Releases period of parole. Other releases include release

release during the weekend. Releases on the

to probation, court-ordered discharge and

mandatory release date or mandatory re-parole

deceased.

date falling on a weekend day or observed federal holiday were released a few days earlier,

RELEASES BY TYPE

resulting in offenders being reported as dis-

Inmate releases have increased seven of the

cretionary parole instead of mandatory parole

past 10 years, with the exception years being

or re-parole. Since December 2008, weekend

FYs 2011, 2013 and 2014 (see Figure 13 in the

releases (mandatory and re-parole) have been

Inmate Admissions section). An examination

coded separately from discretionary parole

of release types shows that decreased inmate

releases.

release rates correspond with fewer releases to

Figure 23 shows the breakdown of parole

parole (see Figure 22). CDOC implemented

releases by fiscal year since the releases have

procedural changes in December 2005. These

been coded correctly (re-paroles are included

changes affected inmates scheduled for parole

with mandatory parole). The increase in FY 2012 coincides with a substantial increase in

FIGURE 22 Inmate Release Types FIGURE 23 Type of Parole Releases

9,334 8,240 2,096

Parole

3,607

3,806

3,220

Discretionary Paroles

6,413

Sentence Discharge

5,140

5,020

Mandatory Paroles

1,510

1,415

Other Releases

284 2010

5,584

2011

2012

2013

162

2011

2014

30

2012

2013

2014

Inmate Releases discretionary and mandatory parole releases.

Approximately 12 – 15% of annual releases

The decrease in parole releases in FY 2014 is

are sentence discharges. However, as illustrat-

attributable to fewer mandatory and discretion-

ed in Figure 24, the majority of inmates that

ary parole releases. Table 9 provides details

released were governed by current law (1993

of releases by gender for FY 2014.

– present), which requires a period of parole supervision. Only 9% of offenders who discharge their sentence were not required to

TABLE 9 Inmate Release Types by Gender RELEASE TYPE

MALE

FEMALE

serve a period of parole. The other 91% had previously released to parole and subsequent-

TOTAL

ly had their parole revoked. These individuals

Parole Discretionary

2,251

407

2,658

Mandatory

1,986

207

2,193

Mandatory Reparole

2,025

294

2,319

HB 1351 Mandatory

630

135

765

6,892

1,043

7,935

1,204

144

1,348

10

1

11

130

23

153

Subtotal

discharged from inmate status as they reached the end of their sentence before they could re-parole. Figure 25 illustrates the rate of

Sentence Discharge Discharge Martin/Cooper Discharges Discharge to Pending Charges Discharge to Detainer

Subtotal

67

0

67

1,411

168

1,579

Probation

48

10

58

Court-Ordered Discharge

28

2

30

Deceased

50

0

50

Colorado State Hospital Transfer

4

0

4

Appeal Bond

2

0

2

132

12

142

8,435

1,223

9,656

TOTAL RELEASES

Parole

Pre-1979

0%

1979-1985

0%

1985-1993

1%

1993-present Sentence Other (Includes Interstate) Discharge 1985-1993

Other

Subtotal

FIGURE 24 Governing Law by Release Type

99% 1% 2%

1993-present Other

97%

Pre-1979

3%

1985-1993

3%

1993-present

31

Total

Other (Includes Interstate) Pre-1979 1979-1985 1985-1993 1993-present

94% 0% 0% 0% 1%

99%

Inmate Releases releases

by

es

not

are

type

and

Approximately

26%

either

returned

to

prison

parole or discharged their sentence from a

often

release

return-to-custody facility. Inmates sentenced

from a transport hub. The majority of in-

in Colorado who are under the supervision

mates release from state prisons to parole.

of other jurisdictions are reported in “Other.”

Approximately 17% successfully transition

Other jurisdictions may include the Colorado

from prison to parole via community correc-

Mental Health Institute at Pueblo (CMHIP),

tions and/or ISP inmate status. More inmates

other state facilities, dual commitments to

released from private prisons in FY 2014

interstate compact and Colorado, and the fed-

than in previous years. This is attributable

eral system.

because

by

Releas-

specific

facilities

shown

location.

inmates

to a large number (483) of releases directly from Cheyenne Mountain Reentry Center.

TIME SERVED IN PRISON Time served in prison relative to governing sentence was analyzed for prison releases.

FIGURE 25 Release Type by Release Location

Parole

State Prisons

Sentence Discharge

60%

Private Prisons

13%

Community Corrections

11%

ISP Inmate

6%

Return to Custody Facility

8%

Other

62% 3%

ISP Inmate

1%

Return to Custody Facility Other

Other

Community Corrections

revoked due to a new conviction, the govern-

18% 4% 74% 13% 6%

ISP Inmate

3%

Other

4%

revoked for technical violations, the parole period continues to govern. If an offender is

State Prisons Private Prisons

the latest mandatory release date. Once an

parole period governs; if the offender is

14%

Community Corrections

sentence or consecutive scheme resulting in

inmate paroles, the statutorily mandated

2%

State Prisons Private Prisons

The governing sentence is determined by the

ing sentence can be either the new conviction or the existing parole period. The sentence resulting in the latest mandatory release or statutory discharge date will govern. If the new 32

Inmate Releases conviction is ordered to run consecutive to the

waiting for prison bed space after sentencing

existing parole sentence, both sentences will

is included as time served in prison.

be part of the governing scheme. The broad

A narrow definition was used to best

presumptive sentencing ranges, combined

represent the amount of time that newly sen-

with enhanced sentencing and concurrent

tenced inmates might spend in prison. Only

versus consecutive sentencing provisions,

court commitments who released to parole or

create vast disparities within each crime

discharged their sentence were included in

category and felony class. Time served in

the comparison (see Figure 26). Govern-

prison does not include time previously

ing sentences and imprisonment time clearly

served in prison, time credits awarded for

increase with felony class. Habitual offenders

probation or diversionary programs, jail

and lifetime supervision sex offenders also

credits, and pre-sentence confinement awards.

serve lengthy sentences. Habitual offenders

However, time spent in county jail (backlog)

serve about the same amount of time as Class

FIGURE 26 Court Commitments: Governing Sentence & Time Served in Prison (N = 4,976) Avg Governing Sentence (months) Life

24

Drug Felony 2 Drug Felony 3

Avg Time Served (months)

12

9.0

Drug Felony 4

94

4.0 Life

Felony Class 1 Felony Class 2

145.1

68

Felony Class 4 Felony Class 6

68.4

43

31.6

24

16.0

13

8.3 Life

Habitual-Life Habitual-Other

401.6

117

Felony Class 3 Felony Class 5

9.5

363.0

102

152.7 Life

Lifetime Sex

33

101.6

Inmate Releases 2 felons; lifetime sex offenders serve slightly

on discretionary parole and those who release

more than Class 3 felons. It should be noted

on mandatory parole (see Figure 28). In this

that many offenders in the lower felony class

comparison, only the first release was counted,

ranges (i.e., Class 5 and 6) may have first been

and only releases to discretionary parole and

sentenced to probation or diversion but re-sen-

mandatory (including HB 1351) parole were

tenced to serve a term of imprisonment due to

included. Re-paroles are not included in the

technical violations or new crimes.

mandatory parole releases. The final sample included 2,645 discretionary parole releases

PROFILE OF INMATE RELEASES Demographic

and

sentencing

data

and 2,941 mandatory parole releases.

were

Offenders who released on discretionary pa-

examined for the FY 2014 release cohort

role during FY 2014 were more likely to be

(see Figure 27). Certain offenders may re-

female, Asian American or Caucasian, older,

lease more than once during a given year

and have no gang affiliation. Offenders with

(particularly those who violate the conditions

more serious felonies were more likely to re-

of their parole). In order to best represent the

ceive discretionary parole, but for many (those

characteristics of the people who release from

convicted of Class 1 felonies and lifetime sex

inmate status, each offender was included in

offenders), release can only be granted by the

the release profile once. Consequently, the

Parole Board. The LSI-R risk distributions

profile cohort included 8,435 males and 1,223

show a “stair-stepping” of risk levels, where-

females, for a total of 9,658 offenders. An ex-

by inmates with increased risk are less likely

ploration of the profile data by gender revealed

to be granted discretionary parole.

few differences, so the data is not shown here (please see appendix file). Likewise, the profile data is not shown by release type because there are no meaningful differences. There are some differences between inmates who release 34

Inmate Releases

FIGURE 27 Profile of Releases (N = 9,020) Gender

Felony Class Male

87%

Female

Felony Class 1 0% Felony Class 2

13%

2%

Felony Class 3

Ethnicity

16%

Felony Class 4

Caucasian

26%

Felony Class 6

31%

African American Native American

Felony Class 5

47%

Hispanic/Latino

38% 13%

Drug Felony 2 0%

18%

Drug Felony 3 0%

3%

Asian American 1%

Average Age Male

37.3

Female

36.2

Drug Felony 4

2%

Lifetime Sex

2%

Habitual-Other

1%

Habitual-Life 0% Other 0%

Age Groups 18-19 20-29

29%

30-39

35%

40-49

22%

50-59 60-69

Admission Type Court Commits

63%

Parole Returns

36%

Other 1%

11%

LSI-R Risk Distributions

2%

70+

0-4 0% 5-9

Gang Affiliation No Yes

76% 24%

1%

10-14

3%

15-19

7%

20-24

13%

25-29

20%

35-39

21%

40-44 45-49

9% 1%

50-54 0%

35

Inmate Releases

FIGURE 28 Mandatory vs. Discretionary Parole Releases (N = 5,586) Mandatory

Felony Class

Discretionary

Overall

53%

100%

Felony Class 1

Mandatory vs. Discretionary Parole

89%

Felony Class 2

47%

Felony Class 3

24%

Gender 54%

Male Female

45%

49% 57%

Hispanic/Latino

53%

African American Asian American

46%

100% 99% 40%

60%

Drug Felony 3 17%

47%

64%

Native American

100%

Habitual-Life Other

43%

25%

Drug Felony 2 Lifetime Sex

51%

31%

75%

Felony Class 6

55%

51%

69%

Felony Class 5

46%

Ethnicity Caucasian

76%

49%

Felony Class 4

83% 84%

Drug Felony 4

36%

Habitual-Other 19%

54%

Age Groups

16% 81%

LSI-R Risk Distributions

18-19

58%

42%

0-4

29%

71%

20-29

59%

41%

5-9

29%

71%

48%

10-14

28%

72%

51%

15-19

52%

20-24

52%

30-39

49%

40-49

48%

50-59

41%

60-69

58%

70+

25-29

59%

30-34

42%

35-39

Gang Affiliation No Yes

51% 59%

40-44

49%

45-49

41%

36

33%

67%

43%

57%

49%

51%

59% 63% 67% 83%

41% 37% 33% 17%

Inmate Population Characteristics

Inmate Population Characteristics INMATE POPULATION

T

of certain eligible parole violators, jail back-

his section explores and summarizes the

log also includes those awaiting placement in a

adult jurisdictional inmate population

community return to custody facility. The four

(excluding 217 fugitives). Figure 29 shows

private prisons used in FY 2014 only house

the number of inmates by their location on the

male inmates. Denver Women’s Correction-

last day of the fiscal year. The majority (68%)

al Facility and La Vista Correctional Facili-

were in state prisons, with 21% housed in pri-

ty were the sole prisons for female inmates,

vate prisons or jail backlog and approximately

although females may be placed in the infir-

11% in the community. Jail backlog includes

mary at the Denver Reception and Diagnostic

inmates awaiting placement in CDOC as a

Center and Colorado Territorial Correction-

court commitment, a parole return for either a

al Facility. A small population of males was

new crime or technical violation, or a regres-

housed separately from the females at La Vista

sion from a community placement. In the case

Correctional Facility during FY 2014.

FIGURE 29 Jurisdictional Inmate Population by Location on June 30, 2014 (N = 20,305) Total Population State Private Other

By Gender 90% 100%

14,033 3,745

83%

2,527 Males

37

Females

10% 17%

Inmate Population Characteristics

CUSTODY CLASSIFICATION & STATUS

items and scoring on the male initial and

All inmates are assessed upon intake into

segregation moved from a custody level to a

CDOC and reassessed at intervals during

status; “Protective Custody” and “Residen-

their incarceration. These assessments are

tial Treatment Program” (RTP) were add-

done in order to determine the most appro-

ed as statuses for prison-based inmates; and

priate housing placement. There are separate

community inmates were no longer classified

instruments for males and females for both

using the inmate classification instrument.

reclassification instruments; administrative

Figure 30 provides a comparison of

the initial and reclassification assessments. In February

a

inmates’ custody levels at the end of FY 2013

revised male classification system began,

and end of FY 2014. There was no change to

with

in

the female classification instruments, so the

July 2013. Changes were made to the

small amount of variation in their custody

full

2013,

implementation

implementation

of

achieved

FIGURE 30 End of Year Classification Levels, FY 2013 & FY 2014 Breakdown by Gender:

2013 - 2014 Change:

2013 Female

Minimum Min-Restrictive Medium Close Male

Minimum

Total

Min-Restrictive

-4%

21%

4%

12%

9%

-3%

9% 24%

0% 22%

-2%

50% 16%

52% 15%

11%

3% -1%

11% 25%

Medium Close

3%

36%

17% 15%

Medium Minimum

2014

31% 40%

Min-Restrictive Close

2014

28%

0% 24%

47% 16%

-2% 50%

15%

3% -1%

38

Inmate Population Characteristics levels is likely due to fluctuations in the

non-punitive housing option for inmates who

population characteristics.

would be at substantial risk of harm if placed

There were three status types added during

in a general population setting. RTP was also

FY 2013. These status types were added to

added to designate inmates with mental illness

distinguish certain inmates from general pop-

or intellectual disabilities who are participating

ulation inmates. Administrative Segregation

in specialized programs designed to promote

was designed for inmates who have demon-

pro-social behavior. Figure 31 shows that the

strated through their behavior that they pose

vast majority of incarcerated inmates are in the

a risk to the safety and security of a general

general population (94%), and approximately

population prison; it was the most restric-

6% have one of the status designations.

tive housing option in CDOC. Protective

Since FY 2012, there has been a concerted

Custody was added in 2013 to provide a

effort to reduce the number of inmates housed

FIGURE 31 Status of Incarcerated Inmate Population (N = 18,749) 94.1% 17,642

General Population RTP Administrative Segregation Management Control Transition Protective Custody

2.5% 477 1.2% 217 0.8% 157 0.7% 129 0.7% 127 0K

5K

39

10K

15K

Inmate Population Characteristics in Administrative Segregation. Figure 32

MOST SERIOUS OFFENSE

shows the changes over time in the population

Figure 33 contains the most serious offense

that have occurred as a result of these efforts.

distribution for the adult inmate population

This population peaked in September 2011

on June 30, 2014. More than half (56%) were

with 1,505 inmates (7.4%) in Administrative

incarcerated for a violent offense. In contrast

Segregation. This number dropped to 215 at the

to the inmate population, only 39% of court

end of FY 2014, or 2.1%. As of July 1, 2014,

commitments had a violent offense. This dis-

all Administrative Segregation inmates were

crepancy exists between the inmate population

officially transitioned to Restrictive Housing.

and new admissions because violent offenders with longer sentences remain in the prison system longer.

FIGURE 32 Administrative Segregation Population Over Time FY 2011

FY 2012

FY 2013

Females

1,505

1,500

FY 2014 Males

1,000

500 215

40

Aug Oct Dec Feb Apr Jun

Aug Oct Dec Feb Apr Jun

Aug Oct Dec Feb Apr Jun

Aug Oct Dec Feb Apr Jun

0

Inmate Population Characteristics

FIGURE 33 Most Serious Offense (N = 20,300)

Violent

Total Assault

2,307

Sexual Assault - Child

1,665

1st Degree Murder

1,289

Aggravated Robbery

1,091

Females

7%

4%

5%

4%

6%

3%

0%

0% 7%

Child Abuse

964

2nd Degree Murder

923

Sexual Assault

823

Menacing

633

Kidnapping

536

Robbery

508

3%

3%

Manslaughter

161

3%

2%

Weapons

124

Homicide

81

Arson Total

Non_Violent

Males

66

12%

6%

5% 0%

0%

1%

3%

1%

1%

0%

4%

1%

9%

0%

1%

11,171

Controlled Substances

2,527

Burglary

1,683

Theft

1,107

Escape

1,046

57% 9%

34% 5%

0%

1% 12%

18% 11%

5%

Trespassing/Mischief

488

1%

MV Theft

471

0%

Identity Theft

457

2%

Public Peace

371

0%

0%

Forgery

213

0%

1%

Organized Crime

186

Traffic

141

1%

2%

Perjury

97

0%

0%

Fraud/Embezzlement

96

0%

0%

Contraband

86

Marijuana

71

Misc

62

Other Drug Offenses

27

Total

3% 1% 8%

2%

3%

2%

1%

5%

11%

1%

0%

2%

2%

9,129

43%

66%

Note: Data excludes 217 fugitives and five dual-commitment cases from Colorado Mental Health Institute (Pueblo) with no crimes. Violent offenses are broadly defined by the general nature of the crime and do not conform to the statutory definition in CRS 18-1.3-406.

41

Inmate Population Characteristics From 2009 to 2013, numerous legislative

inset graph shows that much of the increase

bills were passed in an effort to reduce the

is due to offenders sentenced under lifetime

inmate population (see Overview section).

supervision. However, inmates serving life

These bills targeted less serious offenders for

without parole sentences nearly doubled over

alternatives to incarceration, shorter sentenc-

the past decade; over this same time period,

es, increased earned time, and increased pref-

the total inmate population decreased less than

erence for discretionary parole. As a result,

1%.

the inmate population has shifted to one with more serious offenders serving longer sentenc-

INMATE PROFILE

es. Figure 34 shows a 10-year history of the

The profile of the total inmate jurisdictional

total inmate population and the percent serv-

population on June 30, 2014, is summarized

ing life or lifetime sentences. As can be seen,

in Figure 35. The total inmate jurisdictional

even during periods of population decline,

population includes inmates in jail, pris-

life/lifetime inmates continued to account for

on and the community but does not include

a greater percentage of the population. The

fugitives. Inmates were predominantly male, minority and ages 20 – 49. The majority were new court commitments sentenced from urban

FIGURE 34 Percent of Inmate Population Serving Life/Lifetime Sentences 23,186 13% 20,704

areas. Thirteen percent were serving sentences

12%

with a maximum term of life; 3% will never

20,522 10%

15K 8% 8% 6%

10K

10 Year Difference in # of Life Sentences Life Without Parole

298

4%

Life - Parole Eligible -85

5K

Lifetime Supervision Other

941

Lifer % of Inmate Population

Total Inmate Population

20K

14%

2%

-7

2014

2013

2012

2011

2010

2009

2008

2007

2006

0% 2005

0K

Note: Other includes pre-1979 and one-day-to-life sentences.

become parole eligible. Only 44% were past their parole eligibility date (PED). This rate is much lower than that seen in past years (49% in FY 2012 and 51% in FY 2011). The maximum governing sentence of the inmate jurisdictional population was quite long on average: 174 months or 14.5 years. In contrast, inmates 42

Inmate Population Characteristics

FIGURE 35 Jurisdictional Inmate Population Characteristics (N = 20,305) Gender

Offense Severity

Males

91%

Females

Felony Class 1

Caucasian Hispanic/Latino

Felony Class 4

32% 19%

Felony Class 5

3%

14%

Felony Class 6

4%

Drug Felony 3 0%

Age Groups

Drug Felony 4 0%

18-19 0% 20-29

Offense Type

25%

30-39

Drug Offense

34%

40-49 4% 1%

County of Commitment

11%

Sexual Assault - Child

8%

Burglary

8%

Theft

8%

Robbery

7% 5%

Escape

19%

El Paso

12%

Assault

14%

Denver

13%

Homicide

22%

50-59 70+

36%

Drug Felony 2 0%

Asian American 1%

60-69

32%

Drug Felony 1 0%

46%

African American

10%

Felony Class 3

Ethnicity

Native American

4%

Felony Class 2

9%

Sexual Assault

16%

Arapahoe

10%

Habitual

Jefferson

10%

Kidnapping

10%

4% 3% 2%

Forgery

1%

5%

Traffic

1%

Pueblo

5%

Others

Mesa

5%

Adams Weld

Larimer

Death 0%

3%

Douglas Fremont

Life Sentences

4%

Boulder

Life - Parole Eligible 2%

2%

Life Without Parole

1%

Other

Lifetime Supervision

9%

Parole Return/TV Other

2%

86%

Past PED

10% 13%

8% Sentence

75%

Parole Return/NC

3%

Non - Life Sentence

Admission Type New Ct. Commit

18%

Avg Months Served

44% 51.2 173.6

Avg Governing Sent Gang Affiliation Yes None

43

26% 74%

Inmate Population Characteristics had served a total of 51.2 months. For the

inmate jurisdictional population in some

majority of inmates, PED is calculated as 50%

expected ways. Because of the community

of the maximum governing sentence length

return-to-custody option available to felony

minus pre-sentence confinement awarded by

Class 4 – 6 parole violators, there were more

the court. Mandatory release date (MRD) is

offenders serving their parole sentence in the

calculated as 100% of the maximum govern-

community, and these offenders had lower fel-

ing sentence length minus pre-sentence con-

ony classes. Similarly, there were few com-

finement awarded by the court. Various types

munity inmates serving life/lifetime sentenc-

of earned time awards can be applied to both

es; a higher percentage of these inmates were

dates to reduce the amount of time spent incar-

past their PED due to community eligibility

cerated.

requirements. The community corrections

Figure 36 provides similar information for

population was comprised of a higher percent-

female inmates only. Females differed from

age of female, Caucasian and aged 30 – 49

males across several categories. Female in-

inmates than was the jurisdictional population.

mates were less likely to be minorities and more likely to be middle-aged than males. Fe-

AGING TRENDS

males have a higher sentencing rate from El

Inmates over 50 years of age are the fast-

Paso county than males, but lower sentencing

est-growing segment of the prison population.

rate from Denver County. Female’s offenses

Between 1995 and 2010, the number of state

were different than male’s: They were more

and federal prisoners age 55 or older nearly

likely than males to have a drug, theft or es-

quadrupled, increasing at almost seven times

cape conviction as their most serious offense;

the rate of the general prison population.1

they had shorter sentences; and they were less

In CDOC between 1993 and 2014, the num-

likely to have a life/lifetime sentence.

ber of inmates aged 50 and over increased

The profile of community inmates is shown in Figure 37. They differed from the total

1  Human Rights Watch. (201). Old behind bars: The aging prison population in the United States.

44

Inmate Population Characteristics

FIGURE 36 Female Inmate Population Characteristics (N = 1,866) Ethnicity

Offense Severity

Caucasian

53%

Hispanic/Latino

Felony Class 5

26%

30-39

15%

Felony Class 6

39%

40-49

43%

Drug Felony 2 0%

20-29

5%

Drug Felony 3 0%

22%

Drug Felony 4 1%

10%

Offense Type

2%

70+ 0%

Drug Offense

Denver El Paso

12%

Weld

5% 4%

Boulder

2%

Douglas

2%

Sexual Assault - Child

1%

Kidnapping

1%

Habitual

1%

Sexual Assault 0% Others

Non - Life Sentence

Admission Type New Ct. Commit Parole Return/NC

12%

97%

Lifetime Supervision 1%

74% 12%

25%

Life Sentences

7%

Parole Return/TV

3%

Traffic 0%

1%

Other

4%

Forgery

7%

Larimer

5%

Burglary

7%

Mesa

7%

Robbery

10%

Pueblo

9%

Assault

11%

Adams

10%

Homicide

18%

Jefferson

13%

Escape

14%

Arapahoe

18%

Theft

County of Commitment

Fremont

26%

Felony Class 4

5% Age Groups

60-69

8%

Felony Class 3

14%

50-59

2%

Felony Class 2

28%

African American Other

Felony Class 1

Life Without Parole 2% Life - Parole Eligible 1%

Other 2%

Sentence Past PED Avg Months Served

46% 28.4

Avg Governing Sent

105.6

Gang Affiliation Yes None

45

11% 89%

Inmate Population Characteristics

FIGURE 37 Community-Based Inmate Population Characteristics (N = 2,313) Gender

Offense Severity

Males

85%

Females

Felony Class 1 1% Felony Class 2

15% Ethnicity

Caucasian Hispanic/Latino

27%

Offense Type

20-29

Drug Offense

25%

30-39

60-69

70+ 0% County of Commitment Denver El Paso

18%

Arapahoe

10%

Jefferson

11% 9%

Mesa

Fremont

Kidnapping

1%

Habitual

1%

Sexual Assault

1%

Sexual Assault - Child

1%

99%

Sentence 9%

Past PED Avg Months Served

Admission Type New Ct. Commit

67%

Parole Return/TV

21%

Life - Parole Eligible 1%

1%

Other

Other

2%

Lifetime Supervision 0%

2%

100% 37.4

Avg Governing Sent

20%

Parole Return/NC

2%

Traffic

Life Sentences

3%

Douglas

6% 6%

Non - Life Sentence

6%

Boulder

Robbery Homicide

Others

4%

Larimer

7%

Forgery 16%

6%

8%

Escape

2%

6%

9%

Assault

13%

Weld

14%

Burglary

22%

Pueblo

20%

Theft

38%

Adams

7%

Drug Felony 4 0%

Age Groups

50-59

22%

Felony Class 6

4%

40-49

43%

Felony Class 5

18%

Other

23%

Felony Class 4

51%

African American

4%

Felony Class 3

84.57 Gang Affiliation

12%

Yes

2%

None

46

21% 79%

Inmate Population Characteristics from 464 to 3,691 (an increase of 695%).

FIGURE 38 Aging Population Trends

In comparison, the total population only experienced a 132% increase (from 8,754 to

50+

15K

Inmates over 50 were 5% of the inmate population in 1993

Inmates over 50 were 18% of the inmate population in 2014

10K

resenting a larger percentage of the U.S. popu-

2013

2015

2011

2009

challeng-

2007

of

2003

myriad

2001

a

1999

comes

1997

ulation

0K 1995

sentencing laws.3 With this aging inmate pop-

5K

1993

lation2, increased life expectancy and tougher

2005

bination of factors: aging Baby Boomers rep-

Inmate Population

20,305) during the same time (see Figure 38). These statistics can be attributed to a com-

Under 50

20K

es for the criminal justice system, including higher medical costs; the need for

NEEDS LEVELS

special housing, accommodations and pro-

Needs levels were examined for the juris-

gramming; and a higher risk of victimiza-

dictional inmate population (see Figure 39),

tion. Prison policies and sentencing practices

dichotomized as moderate-to-severe needs

must

(Levels 3-5) and none-to-low needs (Levels

be

reconsidered

as

they

relate

to elderly inmates.4

1-2). Needs levels are examined by gender due to the large number of differences between men and women. Similar to admissions, females have higher needs levels than males across all areas. Female sex offenders are an exception;

2  Administration on Aging. (2011). A profile of older Americans: 2011.

their needs are lower. Females with develop-

3  Anno, B.J., Graham, C., Lawrence, J.E., & Shansky, R. (2004). Correctional health care: Addressing the needs of elderly, chronically ill, and terminally ill inmates. (NIC No. 018735). Washington, D.C.: U.S. Department of Justice, National Institute of Corrections. 4  Aday, R. H. Aging prisoners: Crisis in American corrections. Westplort, CT: Praeger.

47

mental disabilities are also an exception; their needs are equal. Differences are greater in the areas of medical and mental health needs.

Inmate Population Characteristics The percent of inmates scoring in each needs

FIGURE 39 Needs Levels Mod - Severe

level was different from those of the prison admission cohort, although most of the differ-

None - Low

ences were slight. However, the jurisdictional

Medical Males

29%

71% 72%

Females Total

33%

Males

32%

28%

treatment needs than new admissions. Among

67%

the inmate population, 49% of inmates (versus

Mental Health 68% 71%

Females Total

29%

35%

65%

74%

26%

81%

Females

19%

75%

Total

25%

Sex Offender Males

29%

The most significant trend in this area is the

Developmental Disability

growing population of inmates with mental

Females

96%

Total

95%

illness. A disproportionately large number of individuals with mental illness exist within the

Vocational 49%

Males

51%

Females

52%

48%

Total

49%

51%

20% 25% 20%

criminal justice system compared to the U.S. population. National prevalence rates suggest that incidences of mental illness (e.g., schizo-

Academic

Total

sions, a difference attributable to inmates at-

73%

27%

95%

Males

academic needs compared to 28% of admis-

93%

Males

Females

the inmate population had moderate-to-severe

taining their GED while incarcerated.

71%

Females Total

43% of admissions) had moderate-to-severe vocational needs. On the other hand, 20% of

Substance Abuse Males

inmate population has lower sex offender

80% 75% 80%

phrenia, major affective disorders) among inmates are approximately two to three times higher than incidences of mental illness in the U.S. population.5 5  Teplin, L.A. (1990). The prevalence of severe mental disorder among male urban jail detainees: Comparison with the

48

Inmate Population Characteristics Figure 40 shows the trends of inmates with FIGURE 41 LSI-R Risk Distributions by Gender

mental health needs (Levels 3 – 5) over time. Females have consistently displayed higher mental health needs than males. However, the

19%

Males

mental health needs of both males and females

24%

22%

12%

have increased steadily over time. 0% 1%

3%

10%

6%

2%

0%

30%

RISK ASSESSMENT of recidivism. Figure 41 provides the LSI-R

Females

The LSI-R is used to assess offenders’ risk

21% 16%

1%

score distributions for male, female and total

3%

6%

13%

9% 1%

24% 23% 18%

Total

12%

0% 50-54

45-49

40-44

35-39

30-34

25-29

2% 20-24

3%

11%

6% 15-19

FIGURE 40 Mental Health Needs

5-9

1-4

0% 1%

10-14

Epidemiological Catchment Area Program. American Journal of Public Health, 80, 663-669. Retrieved from http://ajph.aphapublications.org

LSI-R Total Score

72%

inmate populations. Overall, CDOC inmates

62%

score in the higher ranges of the LSI-R scale.

Female

Female inmates tend to have somewhat highTotal

er risk levels than male inmates. Although this

35% 32%

28% 25%

seems counterintuitive, it is likely because the LSI-R assesses a broad range of criminogen-

Male

ic needs. Females have different pathways to 2010

2011

2012

2013

crime, including domestic or sexual abuse,

2014

49

Inmate Population Characteristics mental illness, substance abuse, economic

has been used since to report incidents depart-

hardships, and overwhelming parental respon-

ment wide. Assaults against inmates and staff

sibilities.

include any physical force, hazardous substance (i.e., feces, urine, chemicals) or item

REPORTABLE INCIDENTS

applied against a person intentionally, regard-

Reportable incidents summarized in this

less of whether or not injury occurs. Beginning

report include inmate assaults on staff, inmate

in July 2013, assaults against staff are tracked

assaults on inmates, fighting, uses of force,

by the type of assault (e.g., with serious injury,

inmate deaths and escapes. CDOC also tracks

without serious injury, hazardous liquid and

sexual assaults in compliance with the Prison

spitting). The use-of-force category includes

Rape Elimination Act (PREA). Signed into

incidents involving the use of soft and hard

federal law in 2003, PREA addresses inci-

empty-hand control, soft and hard intermediate

dents of prison sexual abuse through a zero-

control, forced cell entry, cell extraction with

tolerance policy. CDOC PREA incidents are

oleoresin capsicum (OC), restraint chair, four-

investigated by its Inspector General’s Office

or five-point restraints, warning shot, or lethal

to determine whether there is a factual basis

force. Figure 42 shows a five-year history of

to the report, and whether reports meet PREA

assaults and use-of-force incidents in state

criteria. CDOC is mandated to report this data

and private prisons. Assaults and fighting are

yearly to the BJS. PREA data can be found on

counted by each incident and not by the num-

CDOC’s website under “Departmental Reports

ber of inmates involved. Use of force counts

and Statistics.”

the number of offenders involved in each incident. There was a small increase in the rate

ASSAULTS & USE OF FORCE

of assaults against inmates as well as fights in

Prison-based incidents are tracked electron-

FY 2014. However, the rate of assaults against

ically via the Reportable Incident System,

staff decreased nearly 25%. Use of force

which became operational on Jan. 1, 2008, and

incidents 50

also

increased

slightly.

Inmate Population Characteristics

FIGURE 43 Number of Incidents

FIGURE 42 Rate of Incidents per 10,000 Offenders 700

686

651

Assaults

500

346

343

277

300 200

Assault staff-haz liquid

37

Assault staff-spitting

32

Assault staff-with serious injury

9 110

Assault staff-without serious injury

208 139

100

2014

2013

2012

2011

2010

0

Fighting

Inmate Assault on Inmate

Use of Force

485

Soft empty hand control

493 32 480

Soft intermediate control

195

Inmate Assault on Staff

Inmate assault on inmate Hard empty hand control

Use of Force

Rate per 10,000 Inmates

600

400

607

Fighting

13

Hard intermediate control

83

Cell extraction (OC used)

41

Restraint Chair Four or five point restraints

20

Warning shot

2

Forced cell entry

39

Lethal force

0

Figure 43 provides the number of incidents

DEATHS IN CUSTODY

during FY 2014 broken down by type. The

CDOC participates annually in the BJS’

total assaults shown for FY 2014 do not reflect

Deaths

81 incidental contacts or 74 attempted

(DCRP), which collects national, state and

assaults due to the fact that no injury occurred

incident-level data on persons who died

to staff. The total uses-of-force shown for

while in the physical custody of 50 state

FY 2014 do not reflect 92 emergent need

departments of corrections, the federal sys-

entry or 46 four- or five-point restraint

tem and approximately 3,000 local adult jail

incidents as no force was used on an inmate

jurisdictions.

during these types of incidents.

characteristics as well as the circumstances

in

Custody

DCRP

Reporting

records

Program

decedent

surrounding the death, information on whether an autopsy was conducted, and information 51

Inmate Population Characteristics on whether the decedent had a pre-existing

of illness or natural causes, the average age

medical condition for which he/she received

was 31 years.

prior medical treatment in cases of deaths due

ESCAPES

to illness. Deaths in custody, as defined by DCRP, apply

to

offenders

confined

whether

housed

in

CDOC

Escape is defined by CDOC as leaving the last barrier of a secured facility, the imaginary

our

barrier of an unsecured facility (camp), or a

jurisdiction or that of another state; private

work crew or escorted trip outside a facility

facilities; special facilities (medical/treat-

without permission. A court conviction for

ment/release centers, halfway houses, police/

escape, a code of penal discipline conviction

court lockups and work farms); and offenders

for escape or an unauthorized absence for 24

facilities,

under

in transit under our jurisdiction. They do not include deaths by execution, deaths of inmates

FIGURE 44 Deaths in Custody

in local jails, deaths in a state-operated facility in another state, deaths of those on ISP inmate

FY 2010

status or deaths of those under probation or

FY 2012

parole supervision.

FY 2014

42

5

36

3 3

43

FY 2013

1

35

DOC Custody (Prison)

During FY 2014, there were 36 deaths in

6

47

FY 2011

Community Corrections

custody, one of which occurred in community corrections (see Figure 44). Cause of FIGURE 45 Cause of Death

death is determined by a coroner or medical examiner external to CDOC. Most in-

DOC Custody (Prison)

mates who died (80%) died of an illness or

28

Illness/Natural Cause 6

Suicide

natural cause (see Figure 45). None of the deaths were female. The average age at time of

Community Corrections

death was 64 years; excluding those who died 52

Homicide

1

Accidental

1

Inmate Population Characteristics hours or more constitutes an escape from a

• FY 2010: Four Mile Correctional Cen-

community corrections center or ISP place-

ter and San Carlos Correctional Facility

ment. Escapes primarily occur from communi-

(while out to court; one at each facility)

ty and ISP placements. Figure 46 provides a five-year history of escapes from secure facilities (state and private prisons on- or off-grounds), community corrections centers, intensive supervision program (ISP) inmate status and community return-to-custody facilities. There have been six escapes from secure facilities over the past

• FY 2011: Sterling Correctional Facility (one) • FY 2012: Delta Correctional Center (one) • FY 2013: Colorado Correctional Center (while on work detail) (one) • FY 2014: Skyline Correctional Center

five years:

(one)

FIGURE 46 Inmate Escapes Secure Facilities

Community Corrections Centers

2010

2

2011

1

2012

1

2013

1

2014

1 316

2010

332

2011 312

2012

308

2013

310

2014 Intensive Supervision (ISP) Inmates

22

2010

32

2011

28

2012

25

2013 2014 Community Return to Custody

2010

14 72 89

2011 2012 2013 2014

81 106 129

53

Inmate Population Characteristics Escapes from community corrections centers

and private prisons as determined by earned

are the most common, followed by escapes

time awarded.

from community return-to-custody facilities. The number of escapes from return-to-custody facilities has increased over time; the number of escapes from community corrections has remained stable; and the number of ISP inmate escapes has decreased.

PROGRAM PARTICIPATION To improve their chances of success upon re-entry, inmates have the opportunity to participate in educational, behavioral health and pre-release programs during their incarceration. Figure 47 shows the participation levels by month for FY 2014 for funded programs. Participation in voluntary programs such as Alcoholics Anonymous, 7 Habits on the Inside or Thinking for a Change are not shown. In August 2012, CDOC implemented achievement earned time awards per HB 12-1223 for program completions or milestone achievements. This has enabled more accurate reporting of program completions. Figure 48 shows completions by program area across all state 54

emic

munity

Inmate Population Characteristics

FIGURE 47 Participation in Programs Academic & Vocational Programs

Sex Offender Treatment

Academic

1,653 1,201

Vocational

307

1,607 1,250 258

Phase 2

Phase 2 Phase 1

126

86 Phase 1 Jul-13

Sep-13

Nov-13

Jan-14

Mar-14

May-14

Jul-13

Substance Abuse Treatment

Sep-13

Nov-13

Jan-14

Mar-14

May-14

Mental Health Treatment & Pre-Release Program 685 851

652 Therapeutic Community

686

Mental Health

Mental Health 287

288

Pre-Release Program

372

283

Outpatient Pre-Release Program Jul-13

Sep-13

Nov-13

Jan-14

Mar-14

May-14

Jul-13

FIGURE 48 Program Competions 964

Academic

2,113

Vocational 838

Subs. Abuse Outpatient 456

Subs. Abuse TC SOTMP Phase 1 SOTMP Phase 2

38 108 1,130

Mental Health Prerelease

914

55

Sep-13

Nov-13

Jan-14

Mar-14

May-14

56

Parole Population Characteristics

Parole Population Characteristics PAROLE POPULATION

C

PAROLE CASELOAD

olorado has a blended parole system.

The average daily parole caseload is shown

The Parole Board has the authority

in Figure 49. Using a daily average more

to grant parole to inmates who reach parole

accurately reflects the workload maintained

eligibility but have not completed their full

throughout the year. The average daily

sentence. However, all offenders sentenced

parole caseload declined steadily from FY

for a crime committed after 1993 must serve

2010 through FY 2012 before increasing

a period of parole (unless sentenced to life

in FY 2013, then decreasing yet again in

or death). Those who release before serving

FY 2014. (In FY 2014, there was a 2.7%

the full term receive discretionary parole, and those who serve the maximum term re-

FIGURE 49 Average Daily Parole Caseload

lease on mandatory parole. Upon release, both discretionary

and

mandatory

parolees

complete their prison sentence and begin

11,467 721

10,985

10,748

707

673

2,007

1,960

8,657

8,271

2010

2011

2,089

serving their parole sentence. If parole is

11,313 759

10,775 676

2,007

1,785

8,115

8,547

8,314

2012

2013

2014

revoked, they continue to serve their parole sentence and may discharge the sentence from prison or re-parole.

Absconder

57

Out of State

Domestic

Parole Population Characteristics decrease in domestic parolees and an 11%

in Grand Junction. This can be attributed to

decrease in offenders serving their parole out

the overall higher populations and access

of state.) Figure 50 displays the number of

to necessary programs found in these areas.

parolees by parole office. The highest concen-

Twenty-two percent of all parolees are assigned

tration was found along the Front Range and

to the Lincoln office; Westminster holds the

FIGURE 50 Parole Office Caseload on June 30, 2014

Note: Sherman Parole Office and Interstate Compact do not have unique territory and are therefore not included.

58

Parole Population Characteristics second highest percentage of parolees (17%).

offenders paroled to a felony detainer, offenders deported by U.S. Immigrations and Cus-

PAROLEE PROFILE

toms Enforcement, and offenders supervised

Figure 51 breaks out the parole population by

on parole in other states. Parolees in county jail

supervision type. Over half of the population

are most likely awaiting a revocation hearing

is active on regular parole supervision. ISP

by the Parole Board due to a technical parole

parolees are assigned to the Intensive Super-

violation or a pending criminal conviction.

vision Program (ISP), which was launched in

Absconders are parolees who fail to report

1991 to provide additional supervision and

to their CPO or change their residence with-

program participation for high-risk parolees.

out their PO’s knowledge and consent; their

Out-of-state, county jail, absconders and pa-

whereabouts and activities are unknown. The

rolees in other locations account for 34% of the

parolees in other locations category primarily

population. The out-of-state category includes

encompass those who, as a condition of their parole, are in residential programs such as community corrections or inpatient substance

FIGURE 51 Total Parole Population as of June 30, 2014 (N = 10,432)

Out of state total 1,808 17%

abuse program. The demographic characteristics of parolees

Other Location 303 3%

displayed in Figure 52 are relatively similar to those of the jurisdictional inmate population profile, although there is a larger number of female offenders on parole (14%) than in pris-

ISP Parole 1,065 10%

on (9%). The majority of parolees had been sentenced for nonviolent crimes, whereas the

County Jail 959 9% Absconder 508 5%

Regular Parole 5,789 55%

majority of inmates had been sentenced for violent offenses. Parolees can be generally described as male; of minority descent; in the 59

Parole Population Characteristics

FIGURE 52 Domestic Parole Profile on June 30, 2014 (N = 8,325) Gender

Release Type Males

86%

Females

14%

Ethnicity Caucasian

49%

Hispanic/Latino

Asian American

15%

Nonviolent

66%

Violent

18%

34%

3%

Gang Affiliation

1%

Yes No

Age 20-29

21% 79%

21%

30-39

34%

40-49

LSI Risk Category Low Risk

25%

50-59

13%

Medium Risk

15%

60-69 70+

53% 32%

Violent Offenders

30%

African American Native American

Discretionary Mandatory Mandatory Reparole

High Risk

4%

51% 36%

1%

Note: Parolees from other states supervised in Colorado are not included due to missing data on most categories.

age range of 20-49; having a discretionary

mandatory parole date or were re-paroled.

release type; nonviolent; not affiliated with

Consistent with the program’s purpose, parol-

gangs; and having a medium-to-high LSI

ees on ISP are more likely violent, affiliated

risk level. Females on parole represent 14%

with gangs and have higher LSI-R risk levels.

of the total domestic parole population (see Figure 53). Compared to males, they tend

NEEDS LEVELS

to be younger, nonviolent, have fewer gang

Parolees’ needs levels are shown in Figure 55.

affiliations, have lower risk levels, and are

When comparing needs levels of parolees to

on regular parole supervision and received

needs levels of the inmate population (shown

discretionary parole.

in Figure 39), parolees have lower needs levels

Figure 54 shows that ISP parolees tend to

in all categories except for substance abuse.

be younger and were either released on their

Similar to the inmate population, female 60

Parole Population Characteristics

FIGURE 53 Domestic Parole Gender Comparison (N = 8,325)

Gender

Supervision Type 86%

Overall

14%

Regular Parole ISP Parole

Ethnicity 85%

Caucasian

88%

Hispanic/Latino

15% 12%

African American

88%

12%

Native American

86%

14%

Asian American

78%

22%

Discretionary Mandatory Mandatory Reparole

Age 20-29

87%

13%

30-39

86%

14%

40-49

83%

17%

84% 89% 87%

16% 11% 13%

83%

17%

92%

8%

93% 84%

7% 16%

83%

17%

Gang Affiliation

50-59

89%

11%

60-69

91%

9% 2%

Yes No LSI-R Risk Category Low Risk

Males

6%

Violent Offenders Violent

98%

15%

94%

Release Type

Nonviolent

70+

85%

Females

parolees have higher needs than males in all categories except for sex offender and gangs;and having a medium-to-high LSI risk level. Females on parole represent 14% of the total domestic parole population (see Figure 53). Compared to males, they tend to be younger, nonviolent, have fewer gang affiliations, have lower risk levels, and are on regular parole supervision and received discretionary parole.

61

Medium Risk

87%

13%

High Risk

87%

13%

PAROLE SUPERVISION OUTCOMES Forty percent of parolees leaving parole supervision during FY 2014 completed their parole sentence (see Figure 56). A small percentage (5%) received an early parole discharge. Parolees who have been under supervision for at least six months, served at least half of their parole sentence, and are compliant with the conditions of parole may be

Parole Population Characteristics

FIGURE 54 Domestic Parole Supervision Type Comparison (N =8,325) ISP vs. Regular Parole

Release Type

Overall

82%

18%

Males

82%

18%

Discretionary Mandatory Mandatory Reparole

Gender 93%

Females

7%

Nonviolent Violent

Caucasian

85%

15%

84%

16%

African American

82%

18%

76%

Native American

Yes No

9%

Age 20-29

81%

30-39

83%

17%

Medium Risk

40-49

85%

15%

High Risk

50-59

87%

13%

90% 86%

70+

19%

Low Risk

Parole Isp

rests with the Parole Board to grant early discharges from parole. Female offenders and

to

76% 86%

24% 14%

releases receive

an

95% 89% 73%

were

more

early

parole

discharge. Discretionary parole releases were also more likely to complete their sentence than be revoked for a technical violation or new crime.

62

Regular Parole

5% 11% 27%

10% 14%

eligible for early discharge; final authority

likely

12% 23%

LSI-R Risk Category

60-69

discretionary

88% 77%

Gang Affiliation

24%

91%

Asian American

11% 19% 29%

Violent Offenders

Ethnicity Hispanic/Latino

89% 81% 71%

ISP Parole

Parole Population Characteristics

FIGURE 55 Domestic Parolee Needs Levels (N = 8,325)

FIGURE 56 Parole Supervision Outcomes

Medical

Overall 22%

Males

Successful completion

78% 52%

Females 26%

Total

Early parole discharge

48%

Other

76% 62%

Females

3%

38%

29%

71%

By Gender

Substance Abuse Males

79%

21%

Females

81%

19%

Total

79%

21%

Successful completion

87%

13%

Early parole discharge

83%

17%

89%

Techical return Return with new crime

89%

11%

Grand Total

88%

12%

Sex Offender

Males

Males 16%

By Release Type

85%

Total 15%

Successful completion

Developmental Disability 96%

Females

96%

Total

96%

Techical return

84%

21%

79%

Total 17% Mod - Severe

Return with new crime

38%

62%

Grand Total

39%

61%

es to probation.

57%

Academic Males 16%

66%

Mandatory

supervised out of state, and court-ordered discharges or releas-

50%

43%

Total

34%

Note: Other includes interstate transfers, new conviction while

58%

50%

Females

27%

73%

Discretionary

Vocational 42%

58%

42%

Early parole discharge

Males

Males

Females

84% 96%

Females

Females

10%

Return with new crime

24%

Total

43%

Techical return

74%

Mental Health Males

40% 5%

83% None - Low

63

Parole Population Characteristics

64

Recidivism Rates

Recidivism Rates

C

DOC defines recidivism as a return to

vism has not changed). The current method-

prison or inmate status in Colorado with-

ology is based on the Association of State

in three years of release, for either new crim-

Correctional Administrators (ASCA) perfor-

inal activity or a technical violation of parole,

mance-based measurement system, which has

probation or non-departmental community

highly specific measures and counting rules

placement. This definition is common across

for calculating recidivism rates. The following

state corrections departments, but the method-

summarizes this methodology:

ology for computing recidivism is often not reported. After a review of other correctional recidivism rate calculation methods and national standards, Colorado developed new methodology in 2008 (though our definition of recidi-

• Recidivism: Defined as return to inmate status and calculated using three measures: new convictions, technical violations and overall recidivism (new con-

Time at Risk

{if released to parole, may discharge parole before three years but are still followed}

Three Years

Release Date Releases include: • discretionary paroles • mandatory paroles • re-paroles • sentence discharges

Recidivism Return to inmate status for: • technical violation • new crime

Releases do not include: • releases to community corrections • multiple releases in the same year •

Returns do not include: • community corrections regressions

releases to a detainer

65

Recidivism Rates victions plus technical violations) at one

tinue reporting recidivism on a cal-

year post-release intervals.

endar-year basis to be consistent with ASCA standards and other national pris-

• Cohort: Includes the number of in-

on surveys.

mates released, not the number of times inmates release. Even if an inmate re-

The

leased multiple times within a year, that

(including returns for new crimes and tech-

individual was counted only once per

nical violations) is 46.1% for the calendar

release cohort. Therefore, an inmate can

year 2011 release cohort (see Figure 57). The

fail only once within any given cohort.

recidivism rate decreased 11% from 2007

• Release types: Includes only inmates

who released to the community, including releases to parole, completion of sentence, court-ordered discharge or

overall

three-year

recidivism

rate

to 2011. The majority of returns are for technical violations. To better explore recidivism rates by return type, Figure 58 displays cumulative

released to probation. To be counted, inmates must release from their inmate

FIGURE 57 3-Year Recidivism Rate Over Time

status. Inmates who died while incarcerated, escaped, or had their sentence

60%

vacated or inactivated were not included

50%

Percent of Cohort Returned

51.8%

in the recidivism cohort. Additionally, offenders who released to a detainer or charges were excluded.

New Crime Return

40% 30%

Technical Violation Return

20%

• Calendar year (CY): Although the

10%

CDOC statistical report is based on

0% 2007

fiscal year data, it was decided to con-

46.1%

2008

2009 Release Cohort

66

2010

2011

Recidivism Rates

FIGURE 58 Recidivism Rates by Return Type Technical Violation Return

3 years

32.2%

2 years 32.7% 27.3%

30% 32.2%

1 year

23.6% 20%

17.3% 13.9%

14.9%

10%

11.2%

2012

2011

2010

2009

6.6% 2008

2007

2013

2012

2011

2010

2009

2008

2007

9.0%

2013

Percent of Cohort Returned

34.5%

New Crime Return Years at Risk

Release Cohort

return-to-prison rates across seven release

rates, the overall recidivism rate varies less.

cohorts, at one-year intervals up to three years

Figure 59 analyzes the 2011 release cohort,

post-release. Technical violations consistently

detailing the amount of time it took a recid-

constitute the largest proportion of returns to

ivist to return back to inmate status. As time

prison over time. Although recidivism rates

passed, the number of offenders who returned

have remained on a slow-but-steady decline,

to prison decreased. The majority of offenders

it is important to note the relationship between

who failed did so within the first year, particu-

new crime and technical violation returns.

larly within two to eight months post-release,

As technical returns increased among 2009

demonstrating that this is the highest risk

releases, new crime returns decreased. While

period.

there may be more variations from year to year

Recidivism rates vary by offender charac-

in the new crime and technical violation return

teristics (see Figure 60). Recidivism rates are

67

Recidivism Rates higher for males than females and are higher

on a technical violation. As stated before,

for younger offenders than older ones. Certain

technical violations constitute the largest

minority groups are more likely to fail (Native

portion of returns, thus offenders who

Americans and African Americans) than other

discharge their sentences have the lowest

minority groups (Hispanics/Latinos and Asian

return rate. Discretionary parole is granted

Americans).

by the Parole Board to offenders who are the

Criminal history is a strong predictor of

most prepared to re-enter society, and their

post-release success. The number of prior in-

recidivism rate is the next lowest. Offenders

carcerations and type of release are among

who do not release until their mandatory parole

the strongest recidivism predictors. Offend-

date or who re-parole after a failure have the

ers who discharge their sentence receive no

highest return rates. Felony class alone does

post-release supervision and cannot return

not have a clear relationship with outcomes,

FIGURE 59 Recidivists' Time Out of Prison Before Returning, CY 2011 Release Cohort

250 53% did not return within 3 years

200 150 100 50 0

16% returned within 6 months

14% returned between 6 months and 1 year

5% returned between 2 and 3 years 12% returned between 1 and 2 years

<1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36

Number of Recidivated Offenders

300

# Months Post-Release

68

Recidivism Rates

FIGURE 60 3-Year Recidivism Rate by Offender Characteristics Gender

Prior Incarcerations 46.8%

Male

None

41.3%

Female

One

51.2%

Two

52.3%

Three or More

55.8%

46.1%

Total

Ethnicity

43.7%

Felony Class 58.7%

Native American

Class 2

45.8%

Caucasian

Class 3

41.4%

Hispanic/Latino Asian American

Class 1 11.1%

54.1%

African American

Class 4

36.1%

Class 5

Age Group 53.9%

20 - 29 yrs old 30 - 39 yrs old

43.9%

40 - 49 yrs old

44.1%

60 - 69 yrs old

38.6% 49.4% 49.3%

Class 6

39.1%

Discretionary Parole

36.8%

Release Type 63.0%

Under 20 yrs old

50 - 59 yrs old

29.8%

Mandatory Parole

54.0% 58.8%

Mandatory Reparole Sentence Discharge 20.0%

35.9%

Court Release

41.5%

28.5%

70+ yrs old 9.5%

Needs Level (3-5)

Gang Affiliation 53.4%

Mental Health Substance Abuse Sex Offender

Yes No

48.1%

55.3% 43.8%

50.9%

LSI-R Risk Category Low Risk 21.0% Medium Risk High Risk

38.3% 50.3%

but gang membership has one of the strongest

increase an offender’s likelihood of recidi-

relationships with recidivism.

vism. Risk, as measured by the LSI-R, is also

Certain needs areas — including mental health, sex offender and substance abuse — 69

a strong indicator of recidivism.

Recidivism Rates

70

COLORADO DEPARTMENT OF CORRECTIONS OFFICE OF PLANNING & ANALYSIS 2862 South Circle Drive Colorado Springs, CO 80906 www.colorado.gov/cdoc

FY14 Statistical Report.pdf

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