PROJECT GATEWAY

Department of
Corrections
Agency Review
Submitted to Governor-elect Spencer J. Cox, Lt. Governor-elect Deidre M. Henderson, and the
Project Gateway leadership team

Prepared & Submitted by:

● Terryl Warner (Chair)

● Brian Nielson
● Rev. France Davis

Transmittal Note

This transmission memo includes recommendations from a Project Gateway team for the
Cox-Henderson gubernatorial transition. The ideas, recommendations, and insights are
presented for discussion purposes only and do not represent the policies of the new
administration. The information does, however, provide valuable insights from a talented and
committed group of volunteers. Each idea, recommendation, and insight can inform leadership
decisions about state government in the coming years.

Submitted December 7, 2020

State Agency Reviewed: Department of Corrections Date:​ 12/7/2020
Committee Members: France Davis, Sheriff Brian Nielson, Terryl Warner (Chair)

Assignment/scope: In preparation of this responsibility, we talked with more than 100

people of the Department of Corrections, partnering agencies, victims, defendants, victim
advocates, prosecutors, defense attorneys and family members of defendants. We met with
people both individually and collectively; our committee met regularly through Zoom.

a. ​ ​Summary Statement

The Utah Department of Corrections (UDC) is responsible for housing all inmates sentenced to
the State of Utah’s custody. Currently, there are approximately 5,700 inmates in Utah custody
Roughly 23% of those inmates are housed in local jails around Utah and 4% are housed in
Community Correctional Centers. There are nearly ⅓ more inmates in the Central Utah
Correctional Facility/Gunnison compared to the Draper prison. Additionally, more than 16,000
individuals in Utah are currently on probation or parole with Adult Probation and Parole.

UDC oversees a variety of agencies such as Adult Probation and Parole, Community
Correctional Centers and Utah Correctional Industries. While the Department of Corrections
oversees the custody of offenders, their mission focuses on helping those in custody
successfully exit the criminal justice system.
UDC is similar to running small cities; they provide housing, food, medical care, dental care,
mental health care, treatment services, education, maintenance and employment in the prison
system.

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b. ​In light of the mission/product of the agency:
i. What do they do, and do they do it well?
The Utah Department of Corrections (UDC) is responsible for housing all inmates sentenced to
the State of Utah’s custody and are responsible for all individuals currently on probation or
parole.

UDC STRENGTHS UDC WEAKNESSES

Overwhelmingly, in visiting with numerous Need to strengthen Sex Offender

employees and stakeholders, the main Treatment Program (SOTP) goals/
strength of UDC is the staff; from objectives; ensure implementation of
hardworking agents to civilian employees, recommendations from SOTP audits of
staff have worked tirelessly in often 2011, 2014 and 2017.
difficult circumstances, for public safety
and to help individuals walk away from Lack of housing availability for those
crime. leaving prison custody; there are only 5
community correctional centers and as a
Stronger partnerships with community, result, some inmates stay incarcerated
state, ecclesiastical and non-profit because they have no housing options at
agencies have been created and the time of parole. More than 100 inmates
strengthened for the purpose of helping are currently in UDC custody only because
individuals exit the criminal justice system. they have nowhere to go.

Blueprint Solutions, a newly created Significant increase in recidivism and

software program, allows various agencies absconders in the past 5 years.
to partner together for inmate success.
Handoff between incarceration to AP&P
Sex Offender Treatment Program (SOTP) needs to be strengthened.
treatment models have been updated and
are evidence based. Rapid and regular changes with the Justice
Reinvestment Initiative (JRI) and
Utah Correctional Industries (UCI) has Sentencing is weakening system (every
been self-sustaining since 2013. 2-3 years major changes does not give
staff time to catch up)
With the implementation of the Justice
Reinvestment Initiative (JRI) in 2015, the
goal of focusing prison beds on serious
and violent offenders was met.

Increasing the use of ankle monitors for

pre-release supervision.

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 ii. Some departments have boards and commissions associated with it. Does the
department feel they are useful?
Although the Department of Corrections does not have any Boards or Commissions, there are
several Boards and Commission who make or set policy that have missions and responsibilities
directly affecting the Department of Corrections:
Commission on Criminal & Juvenile Justice (CCJJ)

· Utah Sentencing Commission

· Indigent Defense Commission (IDC)

· Utah Board of Juvenile Justice (UBJJ)

· Crime Victim Reparations Board (CVRB)

· Utah Council on Victims of Crime (UCVC)

Utah Board of Pardons

· Utah Substance Abuse and Mental Health Advisory Council (USAAV+)

In reviewing these boards and commissions several issues arose:

a. Of the more than 100 members of the above-

referenced Boards/Commission, 97% are from the Salt
Lake area. Only a few individuals south of Utah County
and north of Weber County participate.

b. One seat on the Utah Sentencing Commission has

LACK OF OUTREACH
been vacant for nearly two years.

c. In talking to more than 100 individuals in the criminal

justice system, 92% report never being approached to
participate in a Board or Commission and have no
understanding of how to participate even though they
report a high interest in doing so.

a. Several people have been appointed to more than one

board. For example, one person chairs the Sentencing
LACK OF Commission while being a member of both the Indigent
REPRESENTATION Defense Commission and Utah Board of Juvenile Justice;
another is a member of both the Sentencing Commission
and the Indigent Defense Commission.

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 a. There appears to be a limited voice from the victim
perspective on the majority of Boards and Commissions
referenced above; with the exception of the Utah Council
on Victims of Crime and the Crime Victim Reparations
LIMITED VOICES
Board, there is one seat on the CCJJ Board while the
Sentencing Commission Victim Representative seat has
remained unfilled for a significant amount of time.

b. There is a glaring absence of individuals who have

been prosecuted, gone through the criminal justice system
and successfully changed their lives.

It is clear from the COVID-19 pandemic, that people can easily connect electronically. As a
result, it should not be difficult to ensure a broad representation from across Utah:
a.​ ​Administration who oversee the various Boards and Commissions should make a
concerted effort to:

i.​ ​Recruit representation from underserved and rural communities in Utah.

ii. Have at least one defendant who has successfully completed the terms
and conditions of probation AND at least one defendant who has successfully
completed the terms and conditions of parole on each Board or Commission.
iii.​ ​Have at least one victim OR one victim advocate (systems-based or

community based) on each Board or Commission.

Do you recommend a future deeper review of the boards/commissions?

The boards and commissions listed are not under the umbrella of UDC but certainly affect the
operations of the department. This committee hopes there is a much deeper look from those
reviewing CCJJ. The Sentencing Commission is extremely large, cumbersome and weighted
heavily with defense partners and therapists with only two from law enforcement and two from
prosecution. A deeper review is critical to ensuring the decision-making process is equitable and
includes a broad spectrum of voices and backgrounds.

c. ​ ​People of the agency

i. What is the status of the workforce?

Total employees:​ 2,326 (includes temporary employees) 2295 (without temporary
employees)
Turnover rate: ​14% (FY2020)

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 Current vacancy count: ​346 (critical needs: psychiatrist, doctor, nurse, pharmacist,
therapist, psychologist, case workers)
ii. How would you evaluate the following?

LEADERSHIP​: With an administration change several years ago, there have been a variety of
changes made. As the prison prepares to move to a new location, departments are being
reviewed, changes are being made and new policies/protocols are being implemented. Many
stakeholders, employees and partners note that relationships have improved under Director
Hadden; however, many we spoke with are extremely concerned about the ineffectiveness of
AP&P agents to hold defendants accountable. In fact, we failed to find anyone outside of
administration, who felt that AP&P agents are effectively managing their caseloads as
recidivism rates have increased in every single District around Utah since the implementation of
JRI.
Please note that the Director of UDC will need to be filled as Director Mike Haddon is leaving
December 2020.
MANAGEMENT:​ Most of upper management interacts with upper management. In
communicating with other staff, a regular newsletter is sent; however, only about 20% open it
which indicates management probably needs to find a different method for communicating with
staff. Many report that decisions are made without the input or discussion of front-line workers.
For example, in May 2017, a decision was made by AP&P administration to not ask for court
fines/surcharges but instead to ask for 60 hours community service for felonies and 40 hours
community service for misdemeanors. Unfortunately, AP&P doesn’t typically supervise
misdemeanors and as a result, those convicted of misdemeanors and sentenced to court or
private probation services had fines and surcharges ordered, where those convicted of felonies
had community service ordered. This ended up creating an issue where the penalty for a
misdemeanor has become more harsh than the punishment for a felony. AP&P agents were
upset with this administrative decision, not only for the unfairness of the situation but they, as
front-line workers, had to implement the change. Likewise, prosecutors and defense attorneys
were none-too-thrilled with the decision.

MORALE, TURNOVER, TALENT, HUMAN RESOURCE ISSUES, OVERSTAFFED/

UNDERSTAFFED?​ The UDC turnover rate is approximately 14%, which is about 10% lower
than the state average for overall employment according to the Salt Lake Chamber of
Commerce. Unfortunately, many of the unfilled positions or turnover positions are critical needs
such as therapist, psychologist, psychiatrist, doctor, etc.
Most changes involving JRI significantly impacted AP&P compared to other departments in
Corrections. AP&P responded well to the changes, but it may be time to let the changes take
effect before more drastic changes are implemented. Also, with the mass release from
incarceration the AP&P caseloads have significantly increased. JRI reduced the prison
population and now the prison incarcerates more of the high risk, violent offenders. According to
CCJJ’s report given to the Utah legislature recently, “between 2013 to 2018, the proportion of
high-risk individuals on probation rose from 41 percent to 44 percent and from 10 percent to 18

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percent for intensive-risk.” These statistics indicate AP&P caseloads need to be reduced to a
manageable amount for offender accountability and monitoring, along with assurance for public
safety. Many AP&P agents around the State report feeling their “hands are tied.” While they try
to coach and monitor defendants, many report being frustrated with the lack of accountability
when a defendant doesn’t comply with court orders or reoffends. Several report that it appears
like policy makers want to simply move people out of the system as quickly as possible so that
JRI appears successful.
One significant issue that continues to arise is the issue of victim restitution. In the past, AP&P
collected restitution from defendants; they also collected court fines and surcharges, along with
supervision fees. However, AP&P has struggled to collect funds other than their supervision
fees; many feel AP&P agents are not collection agents and that collecting restitution and/or
court fines and surcharges isn’t the responsibility of AP&P. Additionally, while a judge may order
restitution to be paid to a victim, under 77-32a-103, if a defendant doesn’t pay any restitution for
30 days, the court without a motion or hearing, can send the unpaid amount to the Office of
State Debt Collections. If a defendant doesn’t pay any restitution within 90 days, the court,
without a motion or hearing, “shall” send the unpaid amount to the Office of State Debt
Collections. In a catch-22, AP&P has limited recourse if a defendant does not pay restitution
and in the end, when an unpaid amount is sent to the Office of State Debt Collections, interest
and fees are added to the original amount, significantly increasing the amount owed. One
suggestion this committee heard several times was to move the responsibility of restitution
collection from AP&P and move it to the Utah Office for Victims of Crime.

d. ​Public perception of the agency

i. Is their brand known favorably?

This is a difficult question to answer as UDC oversees housing and supervision of criminals
convicted of primarily felony offenses. In preparing for this report, this committee visited with a
wide spectrum of people. For the most part, the general consensus seems to be that
communities outside the Salt Lake valley have limited or no voice, Adult Probation and Parole
has little to no ability to carry out their responsibilities for public safety and that victims have
been left out of critical decisions. Interestingly, in talking to more than 2 dozen individuals who
have been or currently are on probation or parole, treatment and resources promised through
JRI savings have not materialized.
Comments from stakeholders, those involved in the system include:
Former defendant​: “Today it is known as Just Release the Inmates. There is no incentive to
change. You want to make people change? It’s not happening now. If you don’t make progress,
they just terminate probation/parole. Basically, the system says we get a free pass for doing
absolutely nothing.”

AP&P agent:​ “I’m like the babysitter of a 7-year-old climbing up a high bookshelf, threatening to
jump off and all I can do is say, ‘please don’t jump’”.

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Mother of an 11-year-old victim​: “How do I explain to my 11-year-old that her step-father was
released from prison without even starting any treatment? We now have to look over our
shoulders because he has been released back into our community.”
Recently released defendant:​ “After staying clean and sober for 30 days, I got a water bottle.
Both my agent and I were embarrassed as he gave it to me. As a single mom with a toddler, I
could care less about a plastic water bottle. I was focused more on how I would be buying milk
that week.”

Retiring AP&P agent:​ “I have more than two decades of experience, and I have to ask for
permission for everything. Person tests positive - oops, can’t do anything but say ‘don’t use’. A
new kid out of the Academy can make an arrest after doing FTOs but I can’t make an arrest
unless I ask for permission from somebody else. Leaving because that makes no sense to me.”
Current defendan​t: “Drug Court works. Everyone knows we need time to sober up and that is
why 30 days is critical when starting Drug Court. Now that isn’t being done and people keep
reoffending. Policy makers need to know that we don’t need choices, we need accountability.”
Prosecutor:​ “A main thing JRI did was to change possession charges from felonies to
misdemeanors. We don’t send people to prison anymore for drug possession. We also don’t
really help them because AP&P doesn’t usually supervise misdemeanors, they only supervise
felonies. What’s happened? Private probation companies have come in to supervise
misdemeanor cases. If somebody is busted again? Just email the private company and they’ll
note it in their file.”

Conquest (prison drug court) graduate:​ “Conquest saved my life and gave me the life I have
now. What keeps me clean and sober? Not the junk I get when I hit a milestone. It’s pulling up
to my house, seeing my wife happy again, my little girls running to greet me. You want people to
stay clean and sober and away from crime? Make them accountable and value their lives.”
Defense attorney​: “You don’t have to do anything. If a defendant doesn’t make any progress,
the go-to is “terminate probation/parole”. It isn’t even to revoke and restart anymore.”
Former/current defendant:​ “I’m a manipulator and this is so easy to manipulate. I’ve been to
prison a dozen times and locked up more than half my life.. If I don’t do anything, no big deal. I
just wait it out and after some time of me not doing anything, they just tell me to go away. It’s a
game for me.”
Current AP&P Agent​: “I don’t know where the money that was supposedly saved from
implementing JRI but it’s definitely not going for treatment or services.”
Victim advocate​: “How do I do my job? Why do I have to repeatedly tell victims, “I’m so sorry,
there is nothing we can do” when restitution doesn’t come in, when offenders reoffend and when
they feel nothing happened to the defendant? Worst recently? Elderly woman has some money
stolen; she’s now greeting people at Walmart. Imagine how thrilled she is when the defendant
comes in to buy a widescreen TV.”

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District Court Judge:​ The system just wants to treat people now; that’s fine except JRI,
Sentencing and Justice Reform are only as effective as the people who want to do it. If a person
doesn’t care, then no program in the world will work.
Small business owner victim​: “I lost most of my life savings when she embezzled from me. Still
waiting for a dime from her even though it has been nearly three years. So glad she has her
eyebrows and eyelashes done regularly; that’s clearly more important than the money she
took.”

​ rug Court graduate (District Court program)​: “I’ve been arrested probably two dozen times.
D
Strike force knocked my door down and instead of prison that time, I got lucky and went to Drug
Court. You want to solve the drug problem? Tell them their option is drug court or jail. Most will
choose drug court when it’s put that way. Don’t, whatever you do, keep making the best solution
more difficult than the easy way out. We will always take the easy way out until we are clean
and sober.”
District Court Judge:​ “We should reach out to young clients with a focus on treatment like drug
or mental health court.”
With the mass release from incarceration due to the implementation of JRI, the COVID-19
pandemic and the lack of accountability, AP&P caseloads have significantly increased with a
more violent, higher risk perpetrator.
One goal of JRI was to slow the growing cost of the Department of Corrections and focus prison
beds for serious and violent offenders, while moving low-level, non-violent offenders into
community-based supervision. This goal was achieved. However, because the other four goals
were not implemented in full, recidivism rates have risen from 29% pre-JRI to 37% post-JRI.
Further, because information is not accurate or up to date with various criminal justice agencies,
it is hard for administrators, policy makers, legislators and others to determine how best to
proceed.
According to US Attorney/Utah John Huber in a recent editorial to the Salt Lake Tribune, “JRI’s
proponents promised huge savings for Utah policymakers: $500 million, or more. Although sold
to the public as a way to ensure that taxpayer resources focus on incarcerating “dangerous
criminals,” in practice, JRI has resulted in too many dangerous and prolific criminals serving less
prison time. With insufficient treatment resources and monitoring by probation and parole
officials, they are soon back out on the streets re-victimizing society.”

ii. Do they engender customer satisfaction?

There is satisfaction in many facets of UDC; however, this isn’t probably an applicable question,
because the UDC doesn’t get to pick and choose who comes to their facility, who the various
departments work with or when people are released.

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e. ​Policies of the agency
Do they have established and sound policies to direct their work (consider operating
procedures, internal controls, telework systems, mission statements, strategic plans etc.)?
For the most part, there appear to be established and sound policies for much of the UDC;
however, there needs to be stronger accountability for defendants as they leave custody and
under Inmate Placement Program (IPP) and move to AP&P for supervision. There are various
government and community agencies that could assist this transition if they were included
earlier in the process. For example, the Department of Workforce Services (DWS) has a number
of workshops and programs geared toward helping people find and keep employment. We
found that DWS is in many of the UDC contracted jails but doesn’t appear to be in the prison
where the agency is desperately needed.

i. How has this agency handled their response to COVID-19?

UDC has implemented various changes in order to accommodate for the virus. However, as
UDC does not pick and choose who is sent to their custody, they have received some negative
publicity surrounding COVID-19. For example, there have been protests at the Draper prison by
family members and there has been media attention to both the illness and death rates;
however, it appears that people in prison and jails are actually safer in the prisons or jails than
out of the prisons and jails. In person visits have been curtailed, volunteerism has been
significantly reduced and telehealth services have been increased. UDC administration has
implemented a once a week intake processing system for new arrivals and several days a week
of outtake processing for those being released from incarceration. These new policies have led
to safer policies for processing.

f. ​Identify specific actions you think should be taken by Gov.-elect Cox in three time
periods:
i. Election Day to Inauguration
ii. First 200 Days in office
iii. Longer term vision – what should the department achieve in the next 10 years.

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 TO DO/POLICY TO DO/LEGISLATIVE

ELECTION DAY TO INAUGURATION DAY FIRST TWO HUNDRED DAYS IN OFFICE

Ensure all criminal justice agency websites One-time funding for tablets for inmates to
are up-to-date and accurate; many of the use for visits, court hearings, telehealth
websites for criminal justice are inaccurate. needs, educational opportunities.
For example, on one state website, there are
Create a task force or use a current Board or
grant notifications from 5 years ago.
Commission to review social justice issues as
Create a task force or designate a current People of Color (POC) reportedly have a
Commission or Board to implement a bias higher rate of incarceration in the criminal
and implicit bias awareness training for all justice system.
State employees.
Strengthen Prison Education Program with
Revise Boards and Commissions related to SLCC and technical colleges. Inmates in
criminal justice so that all geographic areas, UDC custody should be rewarded for learning
underserved populations and all stakeholders a trade, obtaining a GED/diploma or taking
are equally represented and there isn’t an post-secondary classes. Likewise,
imbalance of power or decision making. defendants on AP&P supervision, should be
rewarded for holding a job, completing a
Consider changing Utah Office for Victims of
post-secondary trade/education program.
Crime to its own agency so that CCJJ is not
“caught in the middle '' of what may be best The Legislature should consider creating an
for an offender may not be best for public Information Sharing Environment (ISE) in
safety or for a victim. UOVC could oversee: legislation, including key elements such as: a
VOCA/VAWA and other victim-focused grant comprehensive privacy policy, a statewide
programs, Reparations, Utah Office on data dictionary, data as a public good, and an
Domestic and Sexual Violence and collect ISE board.
Restitution for both victims and UOVC. CCJJ
Create a task force or use a current Board or
could oversee: the Sentencing Commission,
Commission to determine how to best
Juvenile Justice, Substance Abuse, Indigent
proceed with JRI: should it be fully
Defense Commission, JRI.
implemented and if so, what is the cost and
where is the funding.Currently only one goal
FIRST TWO HUNDRED DAYS IN OFFICE out of five of the Initiative, has been
implemented.
Ensure UDC strengthens partnership with
DWS: for example, no inmate should leave
UDC custody before meeting with a DWS LONGER TERM VISION
caseworker to: create a resume, strengthen
Create a task force or use current Boards or
job search skills and interview skills and be
Commissions to review the application of
prepared to find a job; likewise anyone
equitable sentencing guidelines - especially
sentenced to jail/probation should be
expected to meet with a DWS caseworker for those who are sentenced to probation. For

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within the 72 hours of release from example, a defendant is arrested for meth
incarceration. possession; depending on the county he/she
may do jail time and probation, probation only
Task Sentencing Commission, CCJJ, UDC,
or have no jail time or probation.
AP&P and UOVC to create options to lessen
AP&P caseloads; they should not be higher Create Criminal Justice Coordinating
than 50 defendants per agent. Councils (CJCC) to support local corrections
systems as indicated with JRI. CJCCs can
Ensure UDC strengthens partnership with facilitate coordination and accountability of
Sheriffs in counties where UDC inmates are efforts on a county/region level. For example,
housed in local jails. Local jails have housed each “District” would have a CJCC. Any
inmates for many years; however, due to JRI JRI-related funding would be to the CJCC
changes and a higher risk defendant, fewer instead of being sent to a local agency or
inmates are being sent to local jails. The being kept at the state agency.
financial impact to the local jails is not Restitution (out of pocket expenses for
sustainable. victims or UOVC) must be a top priority.
Legislation needs to be strengthened;
Task UDC to strengthen the relationship specifically 77-38a-404 (indicates restitution
between Inmate Placement Program (IPP) is paid before fines/surcharges), 64-13-21
and AP&P with assisting inmates to (supervision fees can be waived if restitution
successfully transition to community-based is ordered); however, in 77-32a-103,
placement. restitution can be sent to the Office of State
Debt Collections (OSDC) after 30 days of
Task UDC to remove the requirement that non-payment, and shall be sent after 90 days
parole/probation officers must obtain of non-payment. Restitution should not be
supervisor approval to reward/punish sent to OSDC without the victim being
offenders. notified and providing input when possible.
Ensure UDC strengthens the SOTP program Consider creating a criminal justice
to ensure performance is tracked (entering information governing body or reorganize
rate, waitlist, completion rate, removal rate) CCJJ to guide the creation of an integrated
so decision makers have more accurate criminal justice information system that will
information. benefit all defendants, victims, agencies and
Task CCJJ, AP&P and the Sentencing stakeholders, including the Department of
Commission to create opportunities for Corrections.
offenders to share success stories. If the Task the Sentencing Commission, CCJJ,
focus of the UDC is to help people exit the UOVC and UDC to determine how to best
criminal justice system, there needs to be handle “technical violations”; when an
more information, presentations, panels, etc., offender is on probation or parole and does
with success stories - where people can not comply with court orders, what are
share their stories of successfully exiting the options to balance offender change and
criminal justice system. accountability with public safety.

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 Task the Sentencing Commission to revise
guidelines that reflect defendants must pay
restitution (community service hours does not
pay a victim back) and defendants must hold
a full-time job, work toward post-secondary
training/education or a combination of both.

LONGER TERM VISION

Ensure UDC creates a policy for little to no
transferring of inmates who are in an
educational program; perhaps house inmates
in educational programs in the same unit.
Task UDC, Sentencing Commission, CCJJ,
Indigent Defense Commission to revise
fines/surcharges policies so that
Pre-Sentence Investigations (PSI) done by
AP&P recommend fines/ surcharges in order
to ensure consistent sentences. The group
should also adopt uniform standards and
amounts for community service credits, which
could be used in lieu of fines/surcharges.
Task the Sentencing Commission and UOVC
to review issues surrounding restitution. For
example, offenders sent to prison or jail are
not given a fair opportunity to pay off their
debts before OSDC fees and penalties are
added to their debts.
Task UDC, CCJJ, Sentencing Commission,
IDC and UOVC with determining how to best
proceed with chronic offenders (those who
have been arrested 4 or more times).

g. Other observations and recommendations

In 2011, Dr. Anthony P. Carnevale, director of the Georgetown University Center on Education
and the Workforce, stated, "Of the 1.6 million projected Utah jobs in 2018, only about one-fourth
will be available to high school graduates. A quarter will go to those with some postsecondary

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training or college. The bulk of the jobs, the study showed, are reserved for those who achieve
associate, bachelors or graduate degrees.” In response to the Georgetown study's
recommendations the Governor's Education Excellence Commission created a ​10-year vision
and action plan​ for Utah based upon Gov. Gary Herbert's "​On PACE 66% by 2020​" initiative.
The vision behind the initiative was to have at least two-thirds of Utahns ages 20 to 64 earn a
postsecondary degree or certificate.

There is a plethora of research correlating the link between the lack of education and
employment skills to criminal behavior. In fact, according to the Prison Policy Initiative, the
unemployment rate of people leaving incarceration is roughly 27% and more than half have only
a high school diploma or g.e.d. In today’s technological world, it is harder for those leaving
incarceration to find employment in a skilled market.

In talking with former and current defendants, defense attorneys, victims and prosecutors, most
indicated that a perpetrator will change when there is an incentive or desire to do so. Many who
assisted with this project indicated education is a critical component of change and last
recommendation is to have the Governor’s Office, UDC and the Utah System of Higher
Education (USHE) partner to strengthen the opportunities for those in the criminal justice
system to obtain a postsecondary degree or certificate.

Both Cache and Washington Counties created an Achieve program where low level offenders
were given the opportunity to attend a local Technical College in lieu of jail. While the recidivism
rate was extremely low and the success rate was high, please note it was difficult to encourage
or motivate individuals to enter the program. Many defendants indicated they would do a
handful of days in jail and then wait out the probation time as that option was easier. If we are
truly focused on assisting perpetrators from exiting the criminal justice system, education may
be the way to accomplish this mission.

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