Jail Admissions and Violent Crime in the Years Following COVID-19

By: Sarah Jensen, Shannon Magnusson

COVID Crime Data Analysis Jail Populations December 18, 2024

Jails book and confine more than 10 million people every year in the United States. People incarcerated in jails can experience overcrowding, lack of resources, exposure to violence, and deteriorating physical and mental health.

In response to these harsh conditions and impacts on individuals, practitioners and policymakers have pushed to reduce the size of US jails. As part of this national movement to rethink jails, the John D. and Catherine T. MacArthur Foundation founded the Safety and Justice Challenge to provide support to local communities to tackle the misuse and overuse of jails. With financial and technical assistance support from MacArthur, over 50 cities and counties have implemented innovative strategies to reduce their local jail populations by releasing more individuals on pretrial release and reconsidering the use of jail for new bookings.

However, the coronavirus (COVID-19) pandemic in 2020 forced cities and counties participating in SJC to reduce their jail populations even more to meet social distancing recommendations. Since COVID-19, data from SJC communities analyzed by the CUNY Institute for State and Local Governments (ISLG) consistently show that decreasing the jail population does not lead to violent crime. Additionally, across SJC cities and counties, most individuals released pretrial were not booked for a new crime, and it was even more rare for an individual to be re-booked for a violent offense. Combined, the data from SJC communities suggests reducing the size of the jails is not only possible but does not lead to a rise in crime broadly or a rise in violent crime, specifically.

This is especially true for Multnomah County, Oregon, which had remarkable declines in their jail population during COVID without a rise in violent crime. Capitalizing on existing SJC relationships, Multnomah County stakeholders implemented some new strategies but mostly relied on expanding the eligibility of existing SJC reforms to quickly reduce their jail population. At the same time, the county experienced decriminalization of drug use and 100 days of social unrest in protest of police brutality and systemic racism which created the destruction of several buildings and businesses. Combined, the decriminalization of drugs and protests increased the visibility of drug use, houselessness, and created a general sense of lawlessness across the county even though crime or violence did not increase. Now, four years after COVID-19 began and two years after of the passage of the decriminalization of drugs, Multnomah County residents are critical of criminal justice reform and pushing for standard criminal justice responses, like the reliance on jail.

A new research study produced by Justice System Partners delved into the experience and data in Multnomah County and made the following findings:

  • The Value of the SCJ during COVID-19. Because Multnomah County was already working with SJC when COVID hit, staff had all the infrastructure in place to safely reduce their jail population. The county’s participation in SJC laid the groundwork and framework for stakeholders to meet and collaborate quickly. Although some new approaches were implemented, the county mostly expanded the eligibility of pretrial reforms they had previously implemented as part of SJC. These strategies include citation-in-lieu of arrest and booking; reducing jail admissions for community supervision violations; limiting warrants for recorded court absences; and expediting jail releases with manual review. Using various strategies, county stakeholders reduced the number of bookings throughout the COVID-19 pandemic, and specifically experienced a steady decline in jail bookings across each of the subsequent four time periods.
  • Reaffirming evidence on violent crime and using jails effectively. Reducing the reliance on jails did not lead to an escalation of jail bookings for violence broadly. Nor did it lead to an escalation of jail bookings for violence by individuals with a history of violent charges. The individual demographic composition of the jail remained relatively the same throughout the study period. However, the composition of the charges booked into jail changed significantly. Overall, the jail experienced a lower proportion of bookings for low-level and non-violent charges, demonstrating that during the two years following the start of the pandemic in March 2020, stakeholders relied on the jail for booking more serious charges. Bookings for violent charges did not increase during the pandemic, demonstrating that reducing bookings for low-level charges does not lead to an increase in violent charges. The composition of jail bookings shifted during the period of social unrest in the summer and fall of 2020, with a greater proportion of jail bookings associated with behavioral charges (such as disorderly conduct, resisting arrest, and harassment, among others). The jail held fewer people overall and fewer numbers of individuals were booked with a violent offense. However, what was booked was more often for a violent offense. Therefore, the proportion of violence charges in the jail increased, but not necessarily the number of violent charges. This suggests the county began relying on jail predominately for violent offenses charges – a more effective use of its jail.
  • Perceptions of safety extend beyond classic definitions of violence. During the study period, community and justice system staff members reported a decrease in perceptions of safety, largely from visibility of drug use and social disorder. Community stakeholders discussed their perceptions of safety differently than justice system staff, echoing earlier Safety and Justice Challenge research on the multifaceted concepts of “safety.” This suggests system staff stakeholders should aim to “frame conversations around community safety instead of public safety.” Perception of public safety is less about classic definitions of violence and more about the discomfort with physical and social disorder. Community members often discussed perception of seeing or experiencing more “violence” during COVID-19, but actually described physical and social disorder including property damage and drug use. In the summer of 2020, community members protested police brutality and the role of the justice system in communities following the murder of George Floyd. Interviews with community members indicate that there is a need for conversations about the term violence, including which individuals and what charges should be characterized as violent. As a field, we must grapple with how people who commit violence and systems that are violent may be interconnected.
  • Staff wellness matters for sustainability of reform. COVID-19 brought an emphasis and renewed interest in physical and emotional well-being and health. As we work to heal communities impacted by the justice system, we must also consider the impacts of the system on staff, too. Staff experienced significant workplace trauma from social unrest and still showed compassion for the need to reduce reliance on jails. Staff who experienced harms are still healing yet responsible for sustaining the work. There are significant challenges with tasking the people who experienced workplace trauma to champion reforms without acknowledgment or space for healing.

The experiences and data from Multnomah County during this period serve as valuable guiding principles for other communities looking to navigate the complex terrain of justice reform with equity, efficiency, and humanity.

 

Report

Collaboration COVID Incarceration Trends Jail Populations December 17, 2024

Evaluation of Emergency COVID-19 Jail Reduction Strategies in Multnomah County, Oregon

Sarah Jensen & Shannon Magnuson, Justice System Partners

In response to the rapid spread of COVID‐19 in early 2020, jails across the country implemented emergency strategies to reduce jail populations in an effort to mitigate the spread of the virus. These strategies varied across counties in type and scope, ranging from identifying specific populations for release—e.g., those deemed “low‐risk,” those with underlying medical conditions, those close to their original release dates, etc.—eliminating bail/bond, and increasing access to community‐based alternatives to jail, such as supervised release, among others. In addition to these more intentional mechanisms, the rate of jail bookings was reduced as a result of substantial declines in arrests early in the pandemic due, in part, to the adoption of social distancing measures.

To learn more about the impact of emergency COVID-19 measures on jail reduction efforts, and think about emergency measures that could continue in the post-pandemic era, CUNY ISLG funded Justice System Partners (JSP) through the Safety and Justice Challenge (SJC) to conduct a mixed-methods case study on the emergency jail population reduction strategies implemented in Multnomah County, Oregon and the impact of these strategies on the jail population broadly, and continued bookings for violent crime, specifically. Multnomah County provided an interesting context in terms of jail bookings and community perceptions, as they had reduced jail bookings by 50 percent from the start of the pandemic while at the same time experienced over 100 days of social unrest in response to the murder of George Floyd at the same time as the COVID-19 pandemic.

Using administrative data from the Multnomah County Jail and interviews with people across the Multnomah County criminal legal system, including judges, attorneys, and law enforcement, and interviews with Multnomah County community members, including individuals incarcerated during the COVID-19 pandemic, this study aimed to identify the emergency strategies selected and implemented to reduce the jail population, the impact of those strategies on jail trends and jail bookings for violence-related charges, and perceptions of safety during this time for criminal legal system stakeholders and community members.

Key Findings include:

  • Participation in the SJC, and the collaboration it facilitates, allowed local stakeholders in Multnomah to act swiftly to implement emergency jail reduction strategies;
  • Though the County implemented a few new strategies, they mainly relied on making small changes to existing SJC strategies, including expanding eligibility criteria for existing pretrial reforms, allowing for a substantial decrease in the number of jail bookings during the COVID-19 pandemic;
  • Contrary to the narrative that reforms lead to increases in crime, the significant jail reductions achieved during the pandemic in Multnomah did not lead to increases in crime.
    • Three out of every 4 of the individuals with a history of jail bookings in the pre-pandemic period did not experience a new jail booking for any reason after March 2020.
    • Bookings for violence-related charges did not increase, including for individuals who had a history of violence prior to the pandemic.
  • Though Multnomah County staff and community members reported feeling unsafe during the pandemic, it was attributed to a combination of COVID-19, limited local police presence, the militarized federal police presence during the protests, and social disorder, visible drug use, and property damage from the protests rather than person crimes or crimes with weapons.

Download the Executive Summary.
Download the Impacts to Jail Populations and Community Safety report.
Download the Implementation & Impact Evaluation Report.

In addition to the key findings in the technical report, JSP has also developed a set of strategic policy and practice recommendations based on the lessons learned in Multnomah County designed to assist criminal legal system stakeholders in Multnomah and other counties around the country to reduce the over-reliance on jails following the pandemic. These key recommendations include:

  • De-emphasizing arrest for non-person, misdemeanor offenses, implementing deflection programs when possible, and increasing reliance on release on recognizance for non-violent misdemeanor and felony offense types;
  • Easing the burdens on individuals to attend court by allowing people to appear virtually for court hearings and minimizing the number of hearings that require attendance;
  • Reducing the number of people returning to the jail for non-crime related events, including failures to appear and violations of community supervision conditions;
  • Working with the community to define safety and violence when evaluating success; and
  • Investing in inter-agency collaboration to build and maintain momentum in implementing jail reduction efforts.

Download the Strategic Policy & Practice Recommendations report.

Additional Downloads

Report

COVID Data Analysis Incarceration Trends Jail Populations July 11, 2024

Updated Findings on Jail Reform, Violent Crime and the COVID-19 Pandemic

Sana Khan, Emily West, Stephanie Rosoff, CUNY Institute for State & Local Governance

Jail population reduction reforms are often cited as causing crime increases. Last year, CUNY ISLG evaluated this claim using data from cities and counties that have implemented jail re- forms as part of the Safety and Justice Challenge. The analysis found that jail populations were lowered safely, without driving an increase in crime or an increase in returns to jail custody. A year later, the findings still hold true.

This brief presents the most up-to-date data— through April 2023—on the outcomes of individuals released from jails after SJC reforms were passed. Additionally, this brief expands on previous work by distinguishing returns to jail that involve a new alleged criminal offense and those that involve administrative reasons only, such as failing to appear in court or violating a condition of release.

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Community Engagement COVID December 12, 2023

Redefining Community Safety

Lee Ann Slocum, Claire Greene, Beth M. Huebner, Kiley Bednar, Adriano Udani, Robert Boxerman, Sarah Kirk, Konstadina Spanoudakis, Hayden Steingruby Elizabeth Lyne, Emelyne Lane

Everyone wants to feel safe in their community. Yet, little is known about how people make sense of what community safety looks and feels like to them. Discussions among policymakers and in the media often emphasize crime rates as a key measure of community safety and the criminal legal system as the primary means of achieving this goal. This traditional conceptualization has several negative consequences. First, it often overlooks the perspectives and experiences of people most impacted by violence, high levels of enforcement, and mass incarceration, many of whom are people of color. Second, low crime rates do not necessarily ensure that residents perceive their community is safe. Other factors, such as media coverage and the physical and social environment, also play a role in shaping views of safety. Moreover, not all crime is reported to authorities, and this may be particularly true in areas where residents experience elevated levels of police enforcement activity and have little trust in the police.ii Third, relying on crime and other criminal legal system data can provide a narrow and skewed conceptualization of safety because they tend to reflect law enforcement priorities, police discretion, and willingness to report crime. Finally, aspects of safety captured by criminal legal system data may not align with community priorities or values. Narrow crime-oriented definitions often fail to recognize that conversations around community safety are highly localized. Allowing communities to define what safety means to them facilitates the development of locally driven priorities for action and interventions, ultimately helping advance the goal of safety for all. This report explores the meaning of community safety for people who live and work in three US counties (Missoula County, Montana; St. Louis County, Missouri; and Mecklenburg County, North Carolina) by documenting local dynamics of crime, the criminal legal system, and conversations around the meaning of community safety. These counties are currently working to enhance community safety, in part, through the MacArthur Safety and Justice Challenge. The findings are based on data from community surveys, as well as interviews and focus groups. The surveys were designed to capture a diversity of community voices. The interviews and focus groups allowed for a more in-depth examination of the views of criminal legal system actors, system-impacted individuals, and people who work with system-impacted persons, groups whose voices are often omitted in work of this type. Throughout, we draw on the interviews to highlight key findings and bring voice to the people closest to the challenges of building and maintaining safe communities.

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Report

COVID Data Analysis March 21, 2023

The Impact of COVID-19 on Crime, Arrests, and Jail Populations

The JFA Institute

Beginning in March 2020, local and state criminal agencies became concerned that people arrested and booked into local county jails would be unduly exposed to the COVID-19 virus. To address these concerns, a variety of policies were enacted to reduce the number of persons held in jails. These polices were designed to 1) mitigate the number of people being arrested and booked into local jails and 2) reduce the length of stay (LOS) for those admitted to jail. Concurrently, public safety concerns were raised that by lowering the jail populations, crime in the community would increase. To address these concerns, the JFA Institute (JFA), through resources provided by the John D. and Catherine T. MacArthur Foundation's Safety and Justice Challenge (SJC) program, began tracking and analyzing six cities and counties participating in SJC (jurisdictions) and their jail and crime data in real time to monitor the impact of these mitigation activities. In October 2020, the study was expanded to five other jurisdictions and data collected data through December 2020. This report serves as a second expansion to include data through the year 2021, though with a slightly altered set of the eleven jurisdictions."