Oklahoma County Criminal Justice Advisory Council Quarterly Report To Interlocal Partners
3rd Annual Report for FY 2020-21
October 2021
Timothy Tardibono, MA, JD Executive Director
405.290.7060 ttardibono@okcountycjac.org
BACKGROUND: In response to the growing concerns about chronic overcrowding in Oklahoma County’s jail facility, the Greater Oklahoma City Chamber announced the creation of a special task force to evaluate Oklahoma County’s criminal justice system in December 2015. With collaboration and input from a diverse group of community members, the Chamber contracted with the Vera Institute of Justice to complete an initial analysis and make recommendations for reform of the Oklahoma County criminal justice system. Vera released their recommendations in December 2016. As a central recommendation of the report, an inter- local agreement between Oklahoma County, the City of Oklahoma City, the City of Edmond, and the City of Midwest City created the Oklahoma County Criminal Justice Advisory Council (CJAC) in November 2017. The Advisory Council continued to evolve with the hiring of a full-time Executive Director in February 2018 to provide support to the CJAC’s efforts. The creation of this permanent oversight body is key to implementing the proposed criminal justice reforms which can be summarized in these six key recommendations: 1. Create oversight and accountability mechanisms for the local justice system. 2. Reduce jail admissions for municipal violations and low-level misdemeanors. 3. Create a fair and efficient pretrial release process that safely reduces unnecessary pretrial incarceration. 4. Identify and address district court case processing delays that increase jail admissions and length of stay. 5. Expand meaningful diversion program options, focusing on those with mental illness and substance abuse disorders.
MEMBERS OF THE OKLAHOMA COUNTY CRIMINAL JUSTICE ADVISORY COUNCIL Clay Bennett, Chairperson, OKC Thunder Tony Tyler, Vice-Chairperson, Tyler Media MEMBERS: Sue Ann Arnall, Arnall Family Foundation Kevin Calvey, Commissioner Board of Oklahoma County Commissioners Craig Freeman, City Manager of Oklahoma City Wade Gourley, Chief of Police of Oklahoma City Judge Philippa James, Presiding Judge of Oklahoma City Municipal Court Tommie Johnson III, Sheriff of Oklahoma County Tim Lyon, City Manager of Midwest City Rev. Theodis Manning, Senior Pastor, Divine Wisdom Worship Center David Prater, District Attorney of Oklahoma County Judge Ray Elliott, Presiding Judge of the Oklahoma County District Court Robert Ravitz, Oklahoma County Public Defender Larry Stevens, City Manager of Edmond Dan Straughan, Executive Director, The Homeless Alliance LaShawn Thompson, Court Administrator of Oklahoma City Rick Warren, Court Clerk of Oklahoma County Carrie Slatton-Hodges, Commissioner of the Oklahoma Department of Mental Health and Substance Abuse Services Roy Williams, President of the Greater Oklahoma City Chamber Amy K. Simpson, Secretary, City Clerk for Oklahoma City Cole Marshall, General Counsel, McAfee & Taft
6. Reduce the impact of justice system fines and fees as a driver of jail growth and recidivism.
Although each of the six recommendations carry numerous challenges and barriers to improvement, the good news is that because of the cooperative effort of the Advisory Council’s stakeholders, progress continues to be made on each of the six recommendations.
2
The CJAC completed its third full fiscal year on June 30, 2021. Tough. Hard. Difficult. Messy. Challenging. Exhausting. Tumultuous. Not excuses but apt descriptors that highlight the struggles of trying to implement justice system reforms during a global pandemic, social unrest, and a toxic political climate. Nevertheless, the foundations of progress mentioned in previous CJAC Annual Reports continues to show evidence of system change.
LEGISLATURE PROVIDES MUCH NEEDED MENTAL HEALTH/SUBSTANCE ABUSE FUNDING
Arrestees Detained in Jail by Gender 1 Year Average for FY 21 l r r f r
The Vera Institute for Justice’s 2016 report regarding needed reforms to the OK County criminal justice system, highlighted the need for focused attention on diversion especially for those facing mental illness and addiction. In fact, the 5th Recommendation in the Vera report proposes that the Oklahoma County justice system expand meaningful diversion program options, focusing on those with mental illness and substance abuse disorders. A major factor for the reduction in the jail’s overcrowding has been due to the response on this 5th Recommendation. However, numerous stakeholders believe more can be done to further reduce the jail population with more expansion of such programs. For years, service providers, program supporters, families of loved ones and those trapped in the throws of mental illness and substance abuse disorders have petitioned the Legislature for more funding toward diversion efforts. In the 2021 legislative session, the State Legislature not only passed legislation to assist diversion efforts but also wrote some checks to fund those efforts.
15%
85%
Male Female l l
3
Senate Bill 3 (SB 3) allows the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) to contract with third parties to provide secondary transport services instead of law enforcement for those in a mental health episode. Alternative transport options frees-up law enforcement time and manpower while further reducing the stigma toward mental illness. The Legislature added $2 million in funding to fund the program. Another bill, Senate Bill 38 (SB 38) further strengthens Oklahoma’s drug courts and gives them more flexibility to use appropriated funds. Oklahoma County’s Drug Court has been a critical piece in the puzzle of how to do more to respond to Vera’s 5th Recommendation. The Legislature’s budget for ODMHSAS included the following additional funding that will direct significant dollars toward much needed diversion services including in OK County: • $7.5 million for additional urgent care and crisis centers • $3 million for mobile crisis teams to respond to and diffuse crisis situations in communities • $2 million will allow ODMHSAS to expand its highly successful mobile tech program with law enforcement officers statewide, allowing for on demand treatment
access via tablet to Oklahomans experiencing a mental health crisis. A pilot is already up and running in OK County. • $500,000 will continue a pilot project in five county jails, including the OK County Detention Center, that provides offenders with access to medication-assisted treatment (MAT) for opioid and alcohol dependence. • $500,000 for mental health support services for law enforcement including more Crisis Intervention Training (CIT) courses for first responders and additional program growth. ODMHSAS Commissioner and CJAC Member Carrie Slatton-Hodges is encouraged by the progress made this legislative session. “This investment in mental health crisis and early intervention services will have an immediate impact on Oklahoma. There is no doubt lives will be saved and people in crisis will more likely get the help they need,” Slatton-Hodges said. As more Oklahoma County residents have access to these services, less of them will be intersecting with the criminal justice system and the detention center.
FACILITIES SUBCOMMITTEE LEADS MAJOR EFFORT TO STUDY FUTURE DETENTION FACILITY
It is no secret that the OK County Detention Center has incredible challenges. It’s also no secret that those challenges have been present for two decades or more. As other CJAC Subcommittees have focused on the pretrial system, case processing and data upgrades and analysis, the Facilities Subcommittee took on the monumental task of determining what should be done with the outdated, overused, and poorly designed jail. Co-chaired by CJAC Members Sue Ann Arnall and Dan Straughan, the subcommittee’s focus is to identify and pursue opportunities for additional space or facility modifications to expand and reconfigure jail operations, adopt measures to increase efficient use of resources and
begin a long-term planning process regarding the viability of the current jail and the potential need for a new facility. CJAC Member Rev. Theodis Manning also serves on the subcommittee. Earlier in the year, the Facilities Subcommittee recognized that to conduct a thorough assessment of the detention center, professional help would be necessary. Working with numerous community stakeholders in the mental health/substance abuse field, those formerly incarcerated, law enforcement officials, and other citizens, the subcommittee requested proposals toward three main solutions: What are costs, logistical issues, and staffing needs for either a new jail facility, a renovation of the
4
80
County Pre-trial Release Program Data for FY21
28 33 programs designated space to be involved earlier in the system so screenings could quickly move people into programs like Drug Court, ReMerge and Community Sentencing to name a few. To help expedite these 22 program processes, a few new courtrooms would be needed so the judiciary could make decisions on bonds and program entry. 30 18 44 42 60 of Covid or other infectious diseases. A revamped intake area would also provide community stakeholders in diversion current facility, or some type of smaller annex that would be responsive to current needs. For example, the annex would likely include a new medical unit since the current one was never designed to be a medical unit and is on the 13th floor in what was built as a regular detainee housing unit. An annex would likely include a new intake and assessment center since the current intake area proves difficult to prevent the spread 36 34 28 30 33 22 44 42
60
60
55
45
44 42 County Pre-trial Release Program Data for FY21
C
40 120
36 34
0
34.2
33
28 30
22
100
18
18
20 100
0
0 80
0
Unconditional Pre-trial Release July-20 Aug. 2020 Sept. 2020 Oct. 2020 Nov. 2
55
60
60
0
60
55
43
43
55
42
40
39
36.3
36
45
45
34.2
34
34
43 44 42
43
33
42
32
40
39
36.3
28 36 34
28
0
40
34.2
34
34.2
33
33
32
28
28
28 30
19
22
19
18
18
18
18
0
20
Unconditional Pre-trial Release The Facilities Subcommittee proposed and the full CJAC approved hiring local architectural-engineering firm Frankfurt Short & Bruza (FSB). The diverse team FSB assembled to address the OCDC problems County Pre-trial Release Program Data for FY21 Unconditional Pre-trial Rele se
C
0
0
120
Conditional Pre-trial Release C itional Pre-trial Releas Unconditional -trial R l ase
July-20 Aug. 2020 Sept. 2020 Oct. 2020 Nov. 2020 Dec. 2020 Jan. 2021 Feb. 2021 Mar. 2021 A July-20 Aug. 2020 Sept. 2020 Oct. 2020 Nov. 2020 Dec. 2020 Jan. 2021 Feb. 2021 Mar. 2021 Apr. 2021 July-20 Aug. 2020 Sept. 2020 Oct. 2020 Nov. 2 County Pre-trial Release Pr
103
impressed the subcommittee because of their extensive experience in modern
100
120
100
County Pre-trial Release Program Data for FY21
facility design, funding, medical pod design and spaces adequate for education plus addiction treatment services. Additionally, the FSB team brought excellent experience to the table for community inclusion and feedback efforts. 80 100
87
80
75
74
100
70.5
69
69
62
62
87
60
58
60
55
55
75
60
40 Ongoing reform efforts have reduced the county jail’s population, which was 39 42
4
60
69
69
45
44 42 55
43
43
41
62
62
60
36.3
40
36 34
58
45
44 42
34.2
55 previously filled to over twice the building’s capacity. This research study by FSB will 33 28 34 28
42
33
32
40
39
40
28 30
36
34.2
34
34
46
33
33
44
43
43
30
42
42
22
41
40 modernize the county’s facility options. FSB will present its final study to CJAC in November 2021. CJAC will then forward recommendations to the Board of County Commissioners and the Trust Authority for their consideration. 30 33 22 18 34.2 19 Conditional Pre-trial Release 0 20
28
28
39
18
18
36.3
36
20
22
34
34
33
32
18
18
28
28
28
19
0
Unconditional Pre-trial Release Total Pre-trial Release
Unconditional Pre-trial Release
Conditional Pre
July-20 Aug. 2020 Sept. 2020 Oct. 2020 Nov. 2 1 year average July-20 Aug. 2020 Sept. 2020 Oct. 2020 Nov. 20 Dec. 2020 Jan. 20
0 Nov. 2020 Dec. 2020 Jan. 2021 Feb. 2021 Mar. 2021 Apr. 2021 May-21 Jun-21
Unconditional Pre-trial Release
Conditional Pre-trial Release
Total Pre-trial Release
1 year average
July-20 Aug. 2020 Sept. 2020 Oct. 2020 Nov. 2020 Dec. 2020 Jan. 2021 Feb. 2021 Mar. 2021 Apr. 2021 May-21 Jun-21
5
JUSTICE CHAMPIONS AND AN HISTORIC ELECTION
The CJAC stands on the shoulders of numerous “Justice Champions” that served and toiled on previous commissions, taskforces, and working groups for more than a decade. More specifically, the CJAC is a continuation of the Greater OKC Chamber Criminal Justice Task Force. Since the majority of CJAC members are appointed or elected officials, the makeup of the 19 members fluctuates from year to year. In addition to the 19 CJAC Members, numerous valued partners serve to enhance CJAC’s objectives. In FY21, three such “Justice Champions” changed roles but are still involved as valued partners. The Founding Chair of the OK County Criminal Justice Authority (aka Jail Trust Authority) Tricia Everest stepped down to take the role of Cabinet Secretary of Public Safety in Governor Stitt’s Cabinet. As Founding Chair, Everest led the
solve one of the problems identified by the Vera Institute in their 2nd Recommendation: Keep those charged with lower-level offenses (including municipal charges) out of the jail entirely. Clabes, Everest and Burton brought innovation, commitment, and perseverance to their roles partnering with CJAC and to their work to advance county justice system reforms. Fortunately, in their new roles, CJAC will continue to interact with them. The CJAC and community expresses its deepest appreciation for their important service. Their insight and hard work can be seen all over the progress being made in our county toward more fair and effective justice. Elections also impact CJAC members as occurred
Clabes, Everest and Burton brought innovation, commitment, and perseverance to their roles partnering with CJAC and to their work to advance county justice system reforms. The CJAC and community expresses its deepest appreciation for their important service.
Trust Authority through the transition from theoretical trust to operational launch on July 1, 2020 and initial management in the Trust’s first months. New OK County Special Judge Catherine “Catt” Burton was most recently a team leader in the office of OK County District Attorney David Prater, leading diversion programs and
with the November 2020 election. In a historic turn of events, OK County voters elected the first African- American sheriff, Tommie Johnson III. Sheriff Johnson’s term started in January 2021 and has been an active CJAC Member from the first day. During his campaign, Sheriff Johnson told a story of what
motivated his interest in running. As a young police officer, Johnson made a routine traffic stop of a woman who had a warrant for an unpaid ticket. He arrested her, impounded her car and took her to post bond. Johnson said, ‘By the book, I was a good cop that day, I did my job, but I didn’t feel like a good cop that day.” Johnson explained that he hadn’t removed a violent criminal from the streets or made someone’s life better. He became a police officer to help others but that mission didn’t feel accomplished. “I just kept thinking that the old way is flawed,” Johnson said. As Sheriff, Johnson hopes to rethink some of the tenets of the criminal justice system and modernize an agency with new levels of transparency and investment. His four pillars for his administration are: Safer Communities; Fiscal Responsibility; Partnerships; and Progress.
treatment courts since Jan. 2, 2007. In her role as a team leader, she worked closely with CJAC and before on the Greater Oklahoma City Chamber’s Criminal Justice Task Force. Now as a special judge, Judge Burton continues her work on diversion and treatment as judge over Mental Health Court. New CLEET (Council on Law Enforcement Education and Training) Executive Director Brandon Clabes most recently served as Chief of Police for CJAC Interlocal Partner Midwest City. In his role as Chief for more than 20 years, Clabes served the people by piloting efforts for community-based policing, a community advisory board, and adding a mental health and substance abuse clinician to help incarcerated residents get their lives back on track. Former Chief Clabes’ reforms at the municipal level helped
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OKC STEPS UP TO REVIEW POLICING POLICY AND PROCEDURES
FY21 started in July 2020 with the fresh backdrop of a global pandemic followed by civil unrest related to the tragic death of George Floyd. The shocking video was a catalyst for cities across the country to start a period of self-reflection that led to numerous recommendations for changes in policing. In Oklahoma City, Mayor David Holt and CJAC Member City Manager Craig Freeman launched two companion efforts to reimagine policing in Oklahoma’s largest city. The Mayor’s Law Enforcement Policy Taskforce (LEPT) will revisit and revise the OKC Police Department’s (OKCPD) de-escalation policy. It will also revisit and revise the structure in place designed to provide credible and independent accountability back to the community, a responsibility currently belonging to OKCPD’s Citizen Advisory Board. The LEPT is made up of four Oklahoma City councilpersons, two state senators, two state representatives and more than 30 other community leaders. The LEPT is facilitated by former OKC assistant city manager and active CJAC participant M.T. Berry. The City Manager’s Community Policing Working Group (CPWG) will study how to expand and increase effective programs in the following six areas: • Training for police officers in crisis response • Officer access to mental health services • Alternative responses to mental health calls • Youth outreach • Expansion of homeless outreach initiatives • Creation of a neighborhood safety/violence interruption program The concept of the CPWG was authored by OKC Councilman James Cooper. It is made up of twelve community leaders including CJAC Member OKCPD Chief Wade Gourley. To assist both groups, the City conducted a public bidding process to select a consultant and 21st Century Policing
Solutions (21CP) was selected. 21CP helps cities and communities effectively tackle the challenges of delivering safe, effective, just and constitutional public safety services in the 21st century. The organization is led by former police chiefs, lawyers, social scientists, academics and community leaders who have turned around troubled police departments and renewed the community’s confidence in their agencies. 21CP hit the ground running and facilitated several community discussions and reviewed policies while developing reform recommendations that should be completed before the end of December 2021. Even before the final report is ready, 21CP has made several preliminary recommendations regarding de-escalation, use of force, data transparency and post-incident procedures for officers involved in a shooting. OKCPD has started exploring how to implement some of the preliminary recommendations. In response to the expectation that some of the 21CP recommendations could have substantial budget implications for the FY22 OKC budget, City Manger Freeman announced that up to $300,000 was set aside for that purpose. To find out more about 21CP, visit 21cpsolutions.com.
A February virtual townhall meeting, hosted by the OK Justice Circle, featured discussions between OKCPD leaders, faith and community leaders, and the introduction of former Philadelphia and Washington DC Police Chief Chuck Ramsey with 21CP.
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TRUST AUTHORITY FINISHES FIRST YEAR OF OPERATIONS AMID COVID AND SETS FY22 GOALS The Oklahoma County Criminal Justice Authority (hereafter Trust Authority) completed its first year of operations and management in FY21. Despite taking over during a global pandemic, civic unrest and, more recently, a labor shortage, Oklahoma County Detention Center (OCDC) staff undertook major repairs to long overdue deferred maintenance while also improving other living conditions for arrestees. The story of the year was the global pandemic. The pandemic disrupted justice systems all over the country and Oklahoma County was no different. When the Trust
Authority took over, Covid testing expanded significantly revealing numerous new cases. Detention and correctional facilities were and continue to be one of the epicenters of Covid transmission both locally, statewide and nationally. As the chart shows, Covid cases have declined sharply while vaccinations were given to over 3,600 detainees and staff throughout the year. In addition to numerous infrastructure improvements to key systems like water, HVAC, sewer and new jail locks and doors, other improvements were implemented: • Increased time spent outside the cell by 20% • Renovated more than199 previously inoperable housing cells • Lowered the price per telephone call for detainees • Expanded support and recovery programs • Instituted child welfare visits and visitations without a court order
Covid Tests Administered vs. Test Positivity at the OK County Jail
1400
1200
1000
800
600
400
200
0
Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21
Positive Tests Tests Givien
0 0
220
109
25
11
2
2
2
1
4
0
0
1176
1252
1129
995
792
1098
687
864
957
714
633
Positive Tests
Tests Givien
8
Jail Population, Percentage of Pretrial vs. Sentenced Detainees FY21
6/30/2021
5/31/2021
4/30/2021
3/30/2021
2/28/2021
1/31/2021
12/31/2020
11/30/2020
9/31/2020
9/30/2020
8/31/2020
7/31/2020
0%
20%
40%
60%
80%
100%
Pretrial
Sentenced
• Drastically increased spending on pest control and sanitation securing a weekly contract for services • Increased starting pay to $3,001/month in addition to retention bonuses • Provided nearly 600 hours of staff training over a six- month period and increased Academy training time for 2021 by 33% • Reduced administrative special housing population by 58% to better integrate detainees into general population.
Furthermore, each month, the Trust Authority provides financial reports, maintenance reports, contract renewal reviews, and other progress reports at public meetings. Such accountability and transparency was one of the critical rationales for creating the Trust Authority. As the Trust Authority enters its second year of operational and financial management, they released their FY22 goals to further advance their mission of providing protection through efficient and effective services and intervention leading to less victimization, and more personal growth and development. See Goals on pg. 11.
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UNDERPINNINGS OF JAIL POPULATION AVERAGES SHOW STABILITY OF RECENT TRENDS
The downward trend for jail population CJAC has been tracking since 2018, continues to show stability in FY21 when Department of Corrections (DOC) detainee counts are taken into consideration. At the end of October 2019, after tracking the average daily population for one year, the CJAC reported a one-year average of 1,663. That low level for jail population had not been seen in two decades. Then in FY20 after being able to track data for the full fiscal year, the average daily jail population was 1,632. However, going back just a few years to the end of FY 2017, the one day jail population for June 30, 2017 was 2,237. Going back even further to the end of FY 2004, the one-day jail population for June 30, 2004 was an alarming 2,617. Although the FY20 average was impacted by jail population fluctuations due to Covid, the number was consistent with the downward trend that started in 2017 when Vera Institute recommendations started to be implemented.
Using the Trust Authority’s new Jail Tracker software, the FY21 average detainee population was 1713. Although that number is higher than recent trends, the average DOC count was 218. If one were to use the general pre-covid average for DOC of100, the FY21 population average would be around 1600-1625 thus confirming the recent trend. The continued downward trend is a testament to the work of CJAC’s numerous partners working on the frontline to divert individuals from jail that can be better served in programs that include accountability and treatment. Numerous CJAC stakeholders believe even more can be done to safely reduce the jail population and increase the fairness and effectiveness of the county justice system, which is the major task for the CJAC moving into Fiscal Year 2022.
Oklahoma County Jail Totals Total Average Population
3000
2617 total
2468 total
2500
2412 total
2237 total
2000
1713 total
1663 total
1632 total
1927
1500
1909
2087
2001
1000
1495
1480
1563
500
690
503
381
236
218
152
100
0
June 30, 2004
June 30, 2009
June 30, 2015
June 30, 2017
Oct. 2019 avg.
FY 20 1 year avg.
FY 21 1 year avg.
DOC Population OK County Population
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OCDC FY22 GOALS • Eliminate Triple Celling
• Establish Employee Advisory Committee Improve retention and job satisfaction. • Grow & Enhance Training Program Enhance current training and add additional training opportunities. • Create Programs & Opportunities for the Detainees of OCDC To give the detainee the opportunity to participate in life changing programs, such as recovery, educational and self-help/self-maintenance, leaving the OCDC a better person than when they arrived. • Excellent Stewardship of all funds entrusted to the OCCJA Allocate available resources so that every department and OCDC employee has the tools to do his/her job successfully. • Establish Annual Review Mechanism for OCDC Policies through the Policy Coordinator 787, 44%
House only two detainees per cell, minimize unusable cells, reduce inmate assaults/deaths, reduce damage to cells. • Improve Safety and Security Address assaults on staff and detainees, enhance proactive and preventative procedure to decrease use of force, and promote the wellbeing of staff and detainees. • Develop a more efficient intake, release and walk-through process Refine booking and releasing process to maximize efficiency. • Increase Staffing Levels Enhance recruitment and onboarding process. 787, 44%
787, 44%
732, 43%
Jail Classification Levels, FY21 1 yr. Avg.
180, 11%
Jail Classification Levels, FY21 1 yr. Avg.
cation Levels, FY21 1 yr. Avg.
Minimum security
Medium
180, 11%
Minimum security
Medium security
Maximu
180, 11%
Minimum security
Medium security
Maximum security
787, 44%
732, 43%
787, 44%
CONCLUSION With the third full fiscal year of the CJAC in the books, CJAC continues to respond to the changing landscape Minimum security
in the county’s criminal justice system. Numerous signs of progress are currently evident, while more resources and innovations are on the horizon. The formidable and constant task of expanding justice in Oklahoma County cannot delay or rest. Maximum security 732, 43%
Medium security
732, 43%
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