Pretrial 101 Probation’s Second Cousin

1. Pretrial 101Probation’s Second Cousin July 1, 2015 FACC Conference St. Petersburg

2. JOHN OLIVER VIDEO CLIP • https://www.youtube.com/watch?v=IS5mwymTIJU

3. Legal Lingo Pretrial Release Pretrial Supervision Pretrial Diversion

4. Bail in America • Expensive • Unfair, Unsafe and Ineffective • The American system of bail is fundamentally incapable of doing the job we expect from it.

5. Money Bail • Those with money regardless of where they got the money or their danger to the community or victims – can purchase their freedom while poor defendants remain in jail pending their trial that sometimes can be years

6. What does the future hold • Nationally much interest in developing pretrial programs • Implementation of Evidence Based Practices • Arnold Foundation and the new Arnold tool

7. Florida Statute 903.047Conditions of Pretrial Release • Pretrial release and detention… unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great, every person charged with a crime or violation of municipal or county ordinance shall be entitled to pretrial release on reasonable conditions. If no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained.

8. Florida Statute 907.041 • LEGISLATIVE INTENT… It is the policy of this state that persons committing serious criminal offenses, posing a threat to the safety of the community or the integrity of the judicial process, or failing to appear at trial be detained upon arrest. However, persons found to meet specified criteria shall be released under certain conditions until proceedings are concluded and adjudication has been determined. The Legislature finds that this policy of pretrial detention and release will assure the detention of those persons posing a threat to society while reducing the costs for incarceration by releasing, until trial, those persons not considered a danger to the community who meet certain criteria. It is the intent of the Legislature that the primary consideration be the protection of the community from risk of physical harm to persons.

9. Should everyone who is arrested remain in jail? • No …according to ……… • Florida Rules of Criminal Procedures 3.131 and 3.132 • Florida Statutes 903.047 and 907.41 • Low risk offenders do not need high security • If in custody - no jobs, no family support, no taxes paid, higher jail populations

10. Solutions • Pretrial Risk Assessments • Pretrial Supervision and Monitoring • Citation in lieu of arrest • Elimination of Bond Schedule

11. Solutions (Continued) • Screening of criminal cases by an experienced prosecutor • Presence of defense counsel at initial appearance • Collections & analysis of performance measures

12. When did it all begin? Pretrial Services Programs were developed initially, in the 1960’s to make our justice system more fair • Monetary bail remained the common mechanism for releasing or detaining arrestees; it limited the decision to release defendants to one primary factor: a defendant’s ability to raise money. • From a policy perspective, decisions about detaining or releasing defendants should balance the benefits of release and the risk of flight or threat to public safety.

13. 1951 Stack v. Boyle • “The traditional right to freedom before conviction permits the unhampered preparation of a defense, and serves to prevent the infliction of punishment prior to conviction …Unless the right to bail before trial is preserved, the presumption of innocence, secured only after centuries of struggle, would lose its meaning”

14. History of Pretrial Services programs • The establishment of the Vera Institute of Justice in 1961 marks the beginning of Pretrial Services Programs. • Goals were to set out to identify the issues surrounding pretrial detainment. • Pretrial Services Programs use the information collected to develop impartial recommendations in accordance with statutes or identify options for the Court who ultimately is responsible in making the appropriate release/detention decision.

15. Two findings…… • Many people accused of committing crimes remained in pretrial custody only because they couldn’t pay a nominal bail. • If you were released on pretrial release and had strong ties to the community, it was very likely that you would appear for court proceedings.

16. Manhattan Bail Project • The Vera Institute created the 1st pretrial screening program in the country . • The purpose was to assist judges in making informed release decisions • Factors taken into consideration in the release recommendation included: • Defendants ties to the area, • Employment status, • Education • Prior criminal history

17. How did it work? • Investigations collected and presented information to the court about newly arrested defendants. • Advised the court of available release options deciding what (if any) conditions are to be set for defendants’ release prior to trial. • Community supervision during the pretrial period to ensured compliance with release conditions and reducing the rate of failures to appear.

18. Gatekeepers • As a result , pretrial release programs have assumed a larger role in jurisdictions, evolving to comprehensive programs charged with monitoring the entire system of release. • Pretrial services programs are the gatekeepers for other alternative placements and are the first criminal justice system players to assess and identify the needs of a defendant.

19. Questions for Developing Pretrial Continuum • What are the risk reduction and/or population management goals that the program is trying to achieve? • What existing data supports the program’s effectiveness? • Who is the targeted population? • What resources are needed to implement the program effectively, and to ensure that it is utilized?

20. Questions for Developing Pretrial Continuum Continued • To what terms of supervision will defendants be subjected and how will they be held accountable? • How will referrals be managed and how will the program communicate to the Court? • How will success be measured?

21. Outcomes & Measures • Appearance Rate • Safety Rate • Concurrence Rate • Success Rate • Pretrial Detainee Length of Stay

22. Performance Measures • Universal Screening • Recommendation Rate • Response to Defendant Conduct • Pretrial Intervention Rate

23. Mission Critical Data • Number of Defendants Released by Release Type and Condition • Caseload Ratio • Time from Nonfinancial Release Order to Start of Pretrial Supervision • Time on Pretrial Supervision • Pretrial Detention Rate

24. Who operates a Pretrial Services Programs • All 94 districts in the Federal Court System • More than 300 localities now operate pretrial services programs throughout the United States.

25. Pretrial Justice • Pretrial Services Programs can be a valuable resource for making significant improvements in the criminal justice system because they are implemented in the early stages of the in the CJ system. • Unnecessary detention before trial not only results in unnecessary jail costs, it also deprives defendant of their liberty as well as the opportunity to contribute to their defense.

26. Alternatives to Incarceration • Pretrial Service Programs offer the court alternatives to incarceration by offering a viable option to manage defendants in the community. • Defendants and the community benefit because they remain employed, pay taxes, support their families, and are not a burden to the taxpayer • Additional services can identify and address the defendants needs by treatment services provided by community resources and not available if incarcerated.

27. 27 Florida Counties have pretrial programs • In Florida – Where do pretrial programs operate? • Sheriff • BOCC • Court Administration • Private vendor

28. Triage for other Community –based Supervision Programs • Drug Courts • Mental Health Courts • DV Courts • Probation • Day Reporting Programs • Electronic Monitoring/GPS

29. Pretrial Diversion Courts • Worthless Check Court • DWLSR Courts • Retail Theft Courts • Homeless Courts • Veterans Courts • DV Court

30. Accreditation • Florida is the first state to offer Pretrial Accreditation. • Standards developed by the Florida Corrections Accreditation Commission (FCAC) and the Association of Pretrial Professionals of Florida.  • Currently undergoing 1st major rewrite • Currently undergoing inclusion for misdemeanor probation programs

31. Certified Pretrial Services Practitioner (CPSP) Certification • The certification program created by NAPSA is designed to advance the overall knowledge level of practitioners in the pretrial field, and help ensure that they are aware of the most current information and best practices. • Achieving CPSP status involves qualifying in occupational experience and education, passing an examination, which deals with both general legal , court issues and practices, and issues specific to the pretrial area.

32. Citizens Right to Know • 2008 Legislative Session • Amended Florida Statute 907.043 • Requires weekly reporting to the Clerk of the Court for citizen review. • Requires annual report to the Clerk of the Court, the Office of Program Policy and Government Accountability (OPPAGA) and the local governing body

33. Recidivism • By definition – you can’t determine recidivism for a pretrial defendant. • Pretrial is non-punitive in nature. • Recidivism is the act of repeating an undesired behavior after receiving an adjudication. • Defendants are merely accused of a criminal act.

34. Why?? • Agencies looking to start a new pretrial program nationally look at initially housing within local probation • In the Federal system, Pretrial and Probation are moving towards joint offices with joint responsibility

35. Pretrial VS Probation • Pretrial in-take appointment • First Appearance Order or Bond Reduction Order • Probation in-take appointment • Judgment and Sentence

36. Questions??

37. References: • Pretrial Justice Institute • www.pretrial.org • National Association of Pretrial Services Agencies (NAPSA) • www.napsa.org • Association of Pretrial Professionals of Florida (APPF) • www.myappf.org • Professionals in Pretrial Services (PIPS) • www.pipsassociation.com • Florida Corrections Accreditation Commission (FCAC) • www.flaccreditation.org

38. Presenter Jeff Kilpatrick, MBA, CPM, CPSP Program Supervisor Alachua County Department of Court Services Gainesville, Florida (352) 338-7338 jhk@alachuacounty.us Who is in jail should be a public safety decision driven by risk, not a business decision driven by profit