Video: The Impact of Realignment on Recidivism

California embarked on a major public safety reform in 2011, when it shifted responsibility for lower-level felony offenders from the state to the counties. Prompted by a federal court order to reduce prison overcrowding, this realignment resulted in a dramatic drop in the prison population and a decline in overall incarceration levels. A related goal was to reduce the state’s persistently high recidivism rates. Has it worked it out that way?

A new PPIC report looking at the first two years of realignment finds that it has had a modest effect on recidivism, which has varied across counties and groups of offenders. The report is based on data from 12 counties that are representative of the state. It examines recidivism through two measures—rearrest and reconviction rates—for offenders affected by the change. Mia Bird, report coauthor presented the results at a Sacramento briefing last week.

Bird outlined several key findings, including:

  • Slightly higher recidivism rates among individuals on post-release community supervision (PRCS). These offenders were released from state prison after serving time for certain low-level felonies and then supervised by county probation agencies. Higher rates of recidivism in some counties—notably Los Angeles County, the largest—are a major factor.
  • No consistent effect on recidivism among individuals sentenced under section 1170(h) of the California Penal Code. These offenders were sentenced for a specific set of lower-level felonies and, under realignment, served time in county jail rather than state prison.
  • Lower recidivism among 1170(h) offenders who received “straight sentences”—but mixed results among those with “split sentences.” The group serving “straight sentences”—jail time only—had the best outcomes: the same two-year rearrest rates and two-year reconviction rates that are lower. Those who got “split sentences”—jail time followed by probation supervision—had higher rates of rearrest but lower rates of reconviction compared with similar individuals before realignment.

Bird said she expects these results to vary over time as the composition of offenders changes and counties gain experience with evidence-based practices to reduce recidivism. In addition, further study is needed of the higher recidivism rates for groups that are supervised after their release. It could be that more individuals are reoffending—or it could be that their misconduct is more likely to be detected because they are being monitored more closely under probation supervision, Bird said.

Video: Reforms Challenge County Probation Departments

Changes in criminal justice policy have significantly altered the role of probation in the state and, as documented in a new PPIC report, have put considerable demands on counties.

The report, California Probation in the Era of Reform, is based on data from 12 counties and describes the changing characteristics of individuals under probation supervision. Viet Nguyen, report coauthor and PPIC research associate, presented the findings at a briefing in Sacramento. Among them:

  • Reforms shifted probation caseloads toward more serious offenders. Public safety realignment—implemented in 2011 and designed to address prison overcrowding—shifted the management of lower-level felons from the state prison and parole systems to county jails and probation departments. After realignment, the number of new probation cases increased steadily because of counties’ new responsibilities in managing two types of offenders: those released from state prison on post-release community supervision and those given “split sentences,” who serve part of their sentence in county jail and then are placed under mandatory supervision. In 2014, Proposition 47—which required that certain drug and property offenses be charged as misdemeanors—resulted in a dramatic decline in new felony and misdemeanor probation cases. But it also further concentrated the probation caseload on individuals who have committed more serious offenses.
  • Jail bookings are common among the probation population, especially for realigned offenders. Nearly half of people placed under probation supervision were booked into county jail within their first year. Realigned offenders had the highest booking rates, were more likely to enter jail multiple times in their first year, and stayed in jail longer than traditional felony and misdemeanor probation cases.
  • African Americans are overrepresented among people under probation supervision. African Americans make up 7.9% of the general population but 22.9% of those entering probation supervision. Overall, the shares of Latinos and whites under probation supervision were similar to their shares in the population, while Asian Americans made up a much smaller proportion of new probation cases.

Learn moreRead the report California Probation in the Era of Reform