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12/09/2004
Prisoner Reentry - Virginia
Contact: Thomas MacLellan
Social, Economic & Workforce Development Division

VIRGINIA

Virginia projects that its prison population will grow 3.2 percent per year for the next five years. To manage this growth Virginia has established a reentry effort that includes an array of state, local, and non-profit entities involved in corrections, public safety, health, mental health, substance abuse, and employment. This group has established four specialized sub-committees, which have identified a number of programs designed to streamline the prisoner reentry process. One such program will attempt to facilitate returning prisoners' transitions by transferring them to jails close to their home communities prior to their release. During this temporary placement, the prisoners will participate in 45 days of transitional education and 45 days of work release programming.

Other key elements of Virginia's effort:

  • Begin reentry planning at Intake.
  • Strengthen relationships/reduce tensions between offenders and families.
  • Increase employment opportunities for reentering offenders.
  • Reduce failure of releasees in meeting court costs, fine, restitution, child support arrearage financial obligations and increase overall collections.
  • Improve long-term housing opportunities for offenders.
  • Improve health, mental health and substance abuse needs of offenders.

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VIRGINIA

Virginia's Prisoner Reentry Program

This document was prepared by members of Virginia's Prisoner Reentry Policy Academy team. It represents their current course of action, but should not be viewed as a final plan. Rather, this document is designed to highlight where Virginia is in an ongoing strategic planning process.

Problem Statement: Beyond the general need to improve inmate skills and abilities to become productive citizens after release from prison, a more immediate and tangible issue is the number returning to prison. Recidivism rates have remained relatively constant over the past few years. However, although crime and arrest rates have been declining in Virginia during that same time, the state prison population continues to grow. There are two reasons for this: longer time served by offenders under truth-in-sentencing legislation adopted in 1994; and, a measurable increase in the number of offenders returned to prison for technical violations of their probation and parole.

A successful transitional program should result in overall quality of life improvements for released offenders, their families and communities, with transcendent benefits in employment, tax revenues and savings in the social and economic costs of crime. These are more difficult to measure and reflect 'softer' outcomes that may or may not be tied directly to improved services and programming. The immediate costs of prison population growth - i.e. the need to construct and operate additional prisons or further increase existing prison crowding, risking institutional violence - require appropriations of scarce state resources which are instead needed to address unmet funding requirements for education, mental health, and public health.

While appropriate and consistently applied use of incarceration may serve as a deterrent to crime for many, too many inmates continue to be returned to prison either because they commit new offenses, or because they fail to follow the conditions set by the courts when they are released from prison. It is incumbent upon policy makers to assess the programs on which tax dollars are being expended, and to determine whether the issues driving the spending should be addressed in different ways. The difficult financial circumstances experienced in the Commonwealth over the past few years require that the initial steps taken first better utilize existing resources, to prove programs' worth prior to requesting additional appropriations, and to record savings resulting from these strategies that can be redirected to further system improvements.

Growth in Virginia's Prison and Jail Populations: Based upon the most recent forecast, Virginia's prison population is expected to grow by an average of 3.2% per year for the next five years, with jail populations growing 3.9% per year over that same period. Similar growth rates have been experienced over the past several years. At the same time, Virginia's crime and arrest rates have declined in 10 of the past 11 years.

Virginia's criminal sentencing scheme is based, in part, on the belief that longer and more certain incarceration of those offenders most likely to recidivate will reduce crime. The Commonwealth's decreasing crime rates, and recidivism rates that are lower than in many other states, may well be a reflection of these policies, along with efforts made by law enforcement, correctional officials, and others who work with inmate populations to reduce crime in general and recidivism in particular. However, as can be seen by the growth in the number of technical violators who return to prison and jail, more must be done.

At its 2004 legislative session, Virginia's General Assembly authorized the issuance of $196.6 million in debt for the construction of an additional 3,400 prison beds, and provided for the planning and expansion or construction of several local and regional jails. The estimated operating cost for the new state prison capacity, once construction is completed, is $60 million per year. Currently, the average double celling/bunking rate in the state prison system is 63%.

After reviewing reports and statistics on the projected prison population growth, the decreasing crime and arrest rates, and the increase in the numbers of technical violators who are being returned to incarceration, Virginia's Governor met with his Secretary of Public Safety and policy staff and asked for an action plan to improve the success rates of released offenders with no negative impact on public safety.

Methodologies: The first step was to identify the specific causes for reentry failure - why were former inmates returning to prison? Are there strategies that can address unmet treatment, educational or community support needs? Can we measure the success of existing programs?

While much data is captured for offenders while they are incarcerated, the systems that store this information in Virginia are old and inflexible, limiting the utility of the data. There is limited information maintained in an automated format for offenders once they return to their communities on probation or parole. Recent studies of mental health and substance abuse treatment for Virginia offenders, and the impact of educational programming on recidivism were reviewed. Assumptions were drawn from literature and research conducted in the Commonwealth, by other states and at the national level and, together with available Virginia data, were used as a basis for initial planning. A recently completed compendium of Virginia specific information, prepared by the Urban Institute, provides a new utility for rethinking our strategies and priorities. However, additional research will continue, to provide a more stable basis for interpreting the data and for establishing baselines against which outcomes can be measured.

Developing Strategies: Successful reentry begins with assessing the needs that require attention during incarceration, and moves to the provision of programming to address those needs, planning for a seamless transition back into the community, supervision and support services upon return to the community, and an awareness of offender, family and community needs following completion of probation or parole. While the Departments of Corrections and Correctional Education were created, at least in part, specifically to address the needs of offenders, planning, support and services are required from an array of state, local, and non-profit entities to encompass the more complete universe of services required for success. Organizations included in Virginia's reentry effort include: Office of the Secretary of Public Safety, Virginia Departments of Corrections, Correctional Education, Mental Health, Mental Retardation and Substance Abuse Services, Health, Social Services, Housing and Community Development, Criminal Justice Services, Juvenile Justice, the Parole Board, and the Virginia Employment Commission. Additional members include staff from the General Assembly, the Virginia Sentencing Commission, the state's non-profit Pre and Post Incarceration Services providers, and representatives of inmate and family support groups, as well as other departments and organizations that provide services at the state and local levels.

To develop strategies addressing the prioritized needs identified by the overall group, subcommittees were established, based on broad categorizations of subjects. These included:

  • Financial Obligations, Housing, and Financial and Community Resources
  • Employment and Education
  • Social Reintegration
  • Health, Mental Health, and Substance Abuse

Based upon initial findings, resources were reallocated internally and new funding was obtained to expand or initiate new programming. These initiatives include:

  • Creation of a transitional program at 5 jails - state inmates are returned to the jails in the communities to which they will return, are provided transitional education and programming for 45 days, and are placed in work release for 45 days. The intent is to acclimate the offender to his locality and family, provide easy access to those who will supervise and provide services when he is released, to make finding housing easier, establish an employment base, and have more funds (from earnings) available to the inmate than would otherwise be on hand upon release. Funding for 5 additional jail programs this fiscal year, and 5 next year was recommended by the Governor and adopted by the legislature at its recently completed Session.
  • Expansion of contract beds in the community for transition and treatment of inmates who are released from the DOC's prison substance abuse therapeutic community program. Funding was included in the Governor's introduced budget and has been adopted by the legislature.
  • Risk Assessment Instrument for probation violators. Working with the Sentencing Commission and legislative staff, language was included in the appropriation act requiring a study of probation violators, and development of a risk assessment instrument to be used in setting guidelines for sanctions the courts can impose for violators. The intent is to reduce the numbers of low risk offenders who are incarcerated in the prison system for technical violations only.
  • Allowing additional sanctions for probation officers to utilize for technical violations prior to court intervention. Language was included in the appropriation act to allow probation staff to place violators into detention and diversion centers. These underutilized facilities were previously only available for placement by judges. This additional sanction provides additional time to modify offenders' behavior prior to imposing additional prison or jail time.
  • Expansion of the Productive Citizenship transitional education program. Provided to inmates at the end of their stay (in some cases as part of their initial probation or parole program) information and skills related to issues faced during reentry.
  • Developments of agreements with the Departments of Health (Office of Vital Statistics) and Motor Vehicles and the Social Security Administration to facilitate the acquisition of birth certificates and other identification documents prior to and upon release from prison.
  • Preparation and distribution of materials to DOC staff to assist offenders in accessing eligibility for Medicaid, SSI and other benefits upon release.
  • Revision and distribution of Resource Directories that provide information to offenders on where to go and who to contact for multiple services.

Action Planning: Each subcommittee developed a list of roadblocks to successful reintegration, and presented to the workgroup proposed actions to address each area. A summary of key items in the work plan is attached.

This plan is considered a work in progress. As additional data is developed, priorities and realities may shift, resulting in revisions to the work plan. Further, as discussions move forward within the administration and with the legislature and judiciary, modifications will be made to improve the support that these programs will require to succeed.

Additional participation by and with local government officials and the broader law enforcement and judicial community will be required to build support for these programs. And because budget pressures are expected to continue, strategies will need to be developed and modified over time to maintain reentry as a priority among agencies that provide services to a diverse citizenry.

This process should be part of a larger, institutionalized effort to continually evaluate what happens to offenders after they leave prison and return home. This occurs when new resources are requested to begin or expand programs. However, it has often not been accomplished for ongoing programs. As a result of budget reductions over the past few years, existing programs have been eliminated or decreased in scope. Filling the void left by those cuts has forced us to revisit what we should be doing, and why we should be doing it. This effort did not begin with this reentry initiative, but it has been enhanced and focused because of it.

It has become obvious that many problems that offenders face cannot be remedied by the agencies created to deal with that population alone. Many programs (housing, treatment, employment and training, social services, mentoring, etc.) administered by other state and local agencies are continuously providing services to this population, but without the interface and coordination necessary to maximize success and efficiency. A comprehensive planning and monitoring effort, involving all agencies that share this clientele, should be an institutional constant.

Synopsis of Key Elements in Virginia's Reentry Plan

Begin reentry planning at Intake

  • Adopt standardized Risk/Needs Assessment instrument
  • Refine criteria for entry into and timing of treatment, education and other programming during incarceration
  • Conduct gap analysis to document disparity between validated program needs and resources

Strengthen relationships/reduce tensions between offenders and families

  • Develop and distribute handbook for families to improve visitation and access to support groups
  • Expand video project "Messages from Mom/Dad" for inmates to send to children
  • Modify cost structure for inmate telephone system to reduce financial burden on families and encourage increased communication
  • Expand availability of Parenting programs within prison system
  • Develop system assessment instrument for family/social support structures
  • Develop family counseling and mentoring program to prepare both offenders and their families for reentry

Increase employment opportunities for reentering offenders

  • Increase use of federal bonds and other incentives for employers to hire ex-inmates
  • Increase offender employment by working with employers who would be eligible for tax incentives for hiring those with barriers to employment (i.e. - felony conviction)
  • Develop and implement public campaign to improve image of offenders as employees
  • Develop offender job development and placement system
  • Examine regulatory and statutory barriers to employment for offenders; determine which may warrant modification
  • Develop partnerships with private sector for training of inmates for high demand occupations in those industries
  • Expand and evaluate Productive Citizenship program

Reduce failure of releasees in meeting court costs, fine, restitution, child support arrearage financial obligations and increase overall collections

  • Ensure inmates are aware of all obligations prior to release
  • Increase use of civil means for collecting obligations; reduce legal sanctions for failure to comply
  • Develop uniform guidelines to structure payment of obligations
  • Increase availability of community service as available alternative to cash payments
  • Modify child support guidelines to lessen obligation incurred while incarcerated
  • Modify DOC policy on amount of funds in inmate accounts held until and paid upon release

Improve long-term housing opportunities for offenders

  • Develop consolidated listing for housing opportunities for offenders in each locality
  • Examine rules restricting offenders from entering public housing, as well as the impact on offender families who live in such housing prior to the offenders' release from incarceration

Health, mental health and substance abuse needs of offenders

  • Develop complete information on health needs of offenders at time of release
  • Complete MOUs between DOC and all local Community Service Boards for prioritized provision of mental health and substance abuse services for offenders
  • Improve access/reduce waiting time to federal disability benefits and to state rehabilitative services for disabled offenders
  • Comprehensive review for strategies to improve access to crisis intervention for offenders with acute MH and substance abuse issues
  • Implement a pre-release application process for food stamps and Medicaid

Other, cross-cutting strategies

  • Develop pilot sites for local reentry boards
  • Consolidate service assistance sites (one stop shopping)
  • Improve information provided to offenders just prior to and upon release concerning services and contacts in their particular communities
  • Expand identification and use of mentors to provide guidance and crisis advice to newly released offenders
  • Develop additional training to sensitize staff who deal with returnees and to make them aware of reentry improvement efforts
  • Expand and improve availability of alternative sanctions for technical violators, where appropriate, prior to reincarceration

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