Overview of the Justice System. Colorado Commission on Criminal and Juvenile Justice (CCCJJ)

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1 Overview of the Justice System Colorado Commission on Criminal and Juvenile Justice (CCCJJ) February 8, 2008 Prepared by the Office of Research and Statistics Division of Criminal Justice Colorado Department of Public Safety

2 Size of Adult Corrections System 45,000 40,000 35,000 44,245 Sentenced for Felonies 75,000+ Total 30,000 25,000 35,034 20,000 15,000 10,000 5,000 Approx 7,000 3,800 Parole 10,198 0 Probation Jail ComCor DOC Note: DOC and ComCor figures as of 12/31/07; probation figures as of 10/31/07. Some of the ComCor figures are duplicated in the probation and DOC numbers.

3 740,432 Cases Filed in Colorado District and County Courts FY 2007 Criminal 6% Other County* 13% Juvenile Delinquency 2% Misdemeanor 10% Infractions (County Traffic) 13% Civil 34% Traffic (DUI, etc.) 22% * Includes Domestic Relations, Mental Health, Probate, Small Claims, a few felonies that are filed in county court, etc. Source: Colorado Judicial Branch Annual Statistical Report FY 2007

4 Outline for today 1. What s the system? 2. How is crime counted, and what s the crime rate? 3. Where are offenders sentenced? 4. What does this cost? 5. What are the penalties for crime? Sources of information: Handouts; Crime and Justice Report, 2006; Special analyses that Linda and Chrissy did for today, DOC and Probation Services.

5 Adult Criminal Justice System Crimes Reports to police Arrests Adult cases filed in court Prosecuted Convicted

6 3 ways to study crime 1. Surveys of households A. Victimizations (age 12+) B. If reported to law enforcement (Handouts; attacked, threaten, stolen) 2. Reports to law enforcement by public 3. Arrests made by law enforcement

7 National Victim Reports of Crime National survey of households (members age 12+) (NCVS) 2.3% of individuals experienced a violent crime in % of HOUSEHOLDS experienced a property crime in 2006 Rand, M. and Catalano, S. (December 2007). Criminal Victimization, Bureau of Justice Statistics, U.S. Office of Justice Programs, U.S. Department of Justice, Washington, DC. (NCJ )

8 National Household Survey: Violent victimization rates The violent crimes included are rape, robbery, aggravated and simple assault Bureau of Justice Statistics website; 2006 National Crime Victimization Survey, Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice, December, 2007 NCJ

9 National Household Survey: Property victimization rates Property crimes include burglary, theft, and motor vehicle theft 2006 National Crime Victimization Survey, Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice, December, 2007 NCJ

10 Victims said they do not report all crimes to law enforcement Reports to Law Enforcement (NCVS, 2006) VIOLENT Overall Aggravated Assault Rape/Sexual Assault PROPERTY Overall Personal Theft Motor Vehicle Theft 49% 59% 41% 38% 56% 81% Rand and Catalano (Dec. 2007) Criminal Victimization, Bureau of Justice Statistics, U.S. Office of Justice Programs, U.S. Department of Justice, Washington, DC. (NCJ )

11 Let s s look at REPORTS of crimes in Colorado that may or may not have resulted in an arrest

12 Violent vs Crime Offense Rates, Colorado Violent and Property Crime Offense Rates Property Violent Violent Crime Offense Rate Property Crime Offense Rate Violent includes murder, rape, robbery, and assault. Property includes burglary, larceny/theft, and motor vehicle theft. Source: FBI, Uniform Crime Reports, prepared by the National Archive of Criminal Justice Data available at

13 How often do reports of crime lead to an arrest?

14 FBI arrest clearance rates, 2005 The arrest of a SINGLE person can account for lots of crimes! F2.2

15 Adult Criminal Justice System Crimes Colorado Reports to Police Violent vs Property Crime Offense Rates, Colorado Property and Violent OFFENSE Rates 5000 Colorado Arrests Property crime rate Violent

16 Colorado juvenilejuvenile violent Violent vs. and Property property Arrest Rate, arrest rates, What are Colorado arrest rates? 2000 Property Violent Violent Arrest Rate Property Arrest Rate Violent includes murder, rape, robbery, and assault. Property includes burglary, larceny-theft, motor vehicle theft, and arson. Source: Colorado Bureau of Investigations Annual Reports, Colorado State Demographer s Office, Department of Local Affairs.

17 What are Colorado arrest rates? Colorado adult adult violent Adult Violent and vs. Property property Arrest Rates, arrest rates, 1980 violent and property arrest rates, Property Violent Violent Arrest Rates Property Arrest Rate Violent includes murder, rape, robbery, and assault. Property includes burglary, larceny-theft, motor vehicle theft, and arson. Source: Colorado Bureau of Investigations Annual Reports, Colorado State Demographers Office, Department of Local Affairs.

18 What are Colorado arrest rates for specific crimes for adult and juveniles?

19 Colorado Adult Drug Violations Arrest Rates, Source: CBI Crime in Colorado Reports Adult Drug Violations Arrest Rates, Data is not available f or Rate per 100,000

20 450 Colorado Juvenile Drug Violations Arrest Rates, Juvenile Drug Violations Arrest Rates, Source: CBI Crime in Colorado Reports Rate per 100,000 Data is not available f or 1994.

21 Colorado Adult MVT Arrest Rates, Adult Motor Vehicle Theft Arrest Rates, Source: CBI Crime in Colorado Reports Rate per 100,000

22 Colorado Juvenile MVT Arrest Rates, Juvenile Motor Vehicle Theft Arrest Rates, Source: CBI Crime in Colorado Reports Rate per 100,000

23 Colorado Adult Theft Arrest Rates, Source: CBI Crime in Colorado Reports Adult Theft Arrest Rates,

24 Colorado Juvenile Theft Arrest Rates, Source: CBI Crime in Colorado Reports Juvenile Theft Arrest Rates,

25 Colorado Adult Burglary Arrest Rates, Source: CBI Crime in Colorado Reports Adult Burglary Arrest Rates,

26 Colorado Juvenile Burglary Arrest Rates, Source: CBI Crime in Colorado Reports Juvenile Burglary Arrest Rates,

27 Colorado Adult Weapons Violations Arrest Rates, Source: Adult CBI Weapon Crime Violations in Arrest Colorado Rates, Reports

28 Colorado Juvenile Weapons Violations Arrest Rates, Source: Juvenile CBI Weapon Crime Violations in Arrest Colorado Rates, Reports

29 Colorado Adult Robbery Arrest Rates, Source: Adult CBI Robbery Crime Arrest in Colorado Rates, Reports

30 Colorado Juvenile Robbery Arrest Rates, Source: Juvenile CBI Crime Robbery Arrest in Colorado Rates, Reports

31 Colorado Adult Aggravated Assault Arrest Rates, Source: Adult Aggravated CBI Crime Assault in Arrest Colorado Rates, Reports

32 Colorado Juvenile Aggravated Assault Arrest Rates, Source: CBI Crime in Colorado Reports Juvenile Aggravated Assault Arrest Rates,

33 Colorado adult violent arrest rates, F3.4

34 Colorado adult property arrest rates, F3.5

35 Nationwide: Four measures of all violent crime F2.1

36 Adult Criminal Justice System Crimes Reports to Police Arrests Cases Filed in Court Prosecuted Convicted

37 Colorado District Court Felony Filings, Actual and Projected: Number of filings F i l i n g s District Court Filings Projected Court Filings Colorado Adult Adult Violent vs. Property Arrest Arrest Rates, Rates 1200 Fiscal Year Violent Arrest Rates Property Arrest Rate Source: Projections by DCJ based on Colorado Judicial Branch Annual Statistical Reports,

38 Adult Criminal Justice System Crimes Reports to Police Arrests Cases Filed in Court Prosecuted Convicted

39 How are felony cases disposed in court? At least 1/3 had another case with a conviction or deferral in 2006 Not convicted 19% Deferred Judgment 11% Convicted 70% 58,000 dispositions of criminal cases closed in 2006 Judicial data analyzed by DCJ. From DCJ s Crime and Justice in Colorado: 2006, page 46.

40 Adult Criminal Justice System Crimes Reports to Police Arrests Cases Filed in Court Prosecuted Convicted

41 Where are adult offenders convicted of felony crimes sentenced? Adult Placements 2006 Convicted Probation & Jail, 13.8% DOC, 21.6% Other, 3.2% Jail, 9.0% Diversion Community Corrections, 5.2% Probation, 47.2% Now, let s s break this down by violent/nonviolent/drug offenders Judicial data analyzed by DCJ for Crime and Justice in Colorado: 2006.

42 Where do adult violent* offenders go? Homicide, sexual assault, kidnap, robbery, assault, weapons* 100% 90% 80% Most serious conviction offense 70% 60% 50% 40% 30% 20% 10% 0% 33.8% 2.5% 15.2% Probation Jail Probation & Jail 44.0% 3.4% 1.2% Comm Corr DOC Other * Also includes cruelty to animals, treason, engaging in or inciting a riot. Source: Judicial data analyzed by DCJ s Office of Research and Statistics. 5,700 cases closed in See Crime and Justice in Colorado: 2006, page 53.

43 Where do nonviolent* adult offenders go? Burglary, theft/larceny, forgery, fraud, MVT, arson, escape* 100% 90% 80% Most serious conviction offense 70% 60% 50% 48.0% 40% 30% 20% 10% 12.6% 14.0% 4.5% 16.9% 3.9% 0% Probation Jail Probation & Jail Comm Corr DOC Other *Also Includes bribery, unspecified inchoate, contributing to delinquency, false reporting, impersonating, perjury, wiretapping, destruction of wildlife, vehicular eluding. Source: Judicial data analyzed by DCJ s Office of Research and Statistics. 27,432 cases closed in See Crime and Justice in Colorado: 2006, page 53.

44 Where do adult drug offenders go? 100% 90% Most serious conviction offense 80% 70% 60% 50% 40% 30% 20% 10% 0% 52.9% 2.4% 12.4% Probation Jail Probation & Jail 21.7% 8.2% 2.3% Comm Corr DOC Other Source: Judicial data analyzed by DCJ s Office of Research and Statistics, 9,413 cases closed in See Crime and Justice in Colorado: 2006, page 53.

45 Annual placement costs in FY07 Community Intensive Supervision Probation Regular ISP Probation $3,275 $1,121 Diversion ComCor $12,457* *Offenders pay an additional up to $17/day Incarceration DRDC Colorado Reception & State Diagnostic Penitentiary Center CSP Minimum $54,790 $39,400 Security $22,578 Denver YOS Women s $68,653 CF $33,445 Community ISP Parole $8,319 Regular Parole $3,401 Female Program Sex $2,505 Offender ISP $5,038 Probation: BLUE County Jail: BLACK DOC: Red-ish ComCor: : Brown San Carlos $65,818 County Jails Up to $22,000 Restricted Minimum $23,397 Medium Security $27,302 DOC Average $27,558 $19,231 Private contract Transition ComCor $12,457* *Offenders pay an additional up to $17/day

46 Criminal Penalties Felony Class 1 2 Presumptive Range Minimum Maximum Life Death 8 years 24 years Exceptional circumstances (Mitigating or Aggravating) Minimum Maximum Life Death 4 years 48/ years Mandatory Parole Period Not Applicable 5 years 3 4 years 12/16* years 2 years 24/32* Years 5 years 4 2 years 6/8* years 1 year 12/16* years 3 years 5 1 year 3/4* years 6 months 6/8* years 2 years 6 1 year 18 months/2 years* 6 months 3/4* years 1 year *Extraordinary risk crimes (aggravated robbery, child abuse, drug sales/manufacture, stalking, and crimes of violence per Section )

47 The numbers in Colorado: Criminal Justice System 2006 Colorado Population Crime victims 4,800, ,560 (1) Reports of CR Cases Crimes to ALL Adults Filed in Arrested(3) Court Convicted (5) (4) 208,000 37, ,500 44,245 Police 7 major crimes (2) 1. Applying NCVS victimization rates to 4,080,000 Coloradoans aged 12 and over. 23 violent/1,000= 93,840 violent crimes 159 prop/1,000= 648,720 property crimes 2. 7 major crimes reported by to CBI: Homicide, rape, robbery, assault, burglary, larceny, auto theft (incidents counted by hierarchy of most serious) 3. CBI arrest totals for adults 2006 (juveniles account for another 45,000 arrests) 4. Judicial Report, FY Includes deferred judgment; Adult felony cases filed in district court. Estimate based on DCJ s analysis of judicial data.

48 Summary: Crime is difficult to measure Lots of crimes aren t t accounted for Lots of cases fall out as they go thru the system Over 75,000 adults in the system today About 40,000 enter the adult system each year Sentences range from 6 months to Life Costs range from $1,121 to $68,653 per year