Fundamentals of Pretrial Justice & New York City Supervised - PowerPoint PPT Presentation

Fundamentals of Pretrial Justice & New York City Supervised Release January 14, 2016 Brooklyn Bar Association

Welcome! • Objectives: • Discuss the public safety impact of unnecessary detention • Place NYC in the context of the advancement of pretrial nationally • Analyze the research pertaining to risk assessment and risk management

Effects of Detention Increase in 2-Year Increase in 2-Year Recidivism Recidivism Moderate-Risk Low-Risk Defendants* Defendants* 30% 60% 25% 50% 26% 51% 20% 40% 20% 15% 30% 35% 10% 20% 9% 17% 5% 10% 0% 0% 2-3 Days 4-7 Days 8-14 2-3 Days 4-7 Days 8-14 Days Days *Lowenkamp, C.T., VanNostrand, M., & Holsinger, A. (2013). The Hidden Costs of Pretrial Detention. Laura and John Arnold Foundation. New York City, NY.

Historical Context of Pretrial in NYC Manhattan Bail Project (1961) • Interviewers determined community ties and likelihood of returning to court • Defendants release without financial conditions • Results were extremely positive; other systems began to emulate Percent of defendants released O.R. 1962 1971 Washington, D.C. 0% 55% Des Moines 2% 27% San Diego 4.7% 44.6%

State of the City Risk of Re-arrest for Felony Defendants with Bond Set or Remand 35% 30% 25% 20% 15% 10% 5% 0% Low Low-Med Medium Med-High High 13

What is pretrial risk assessment? • Tool that gives judges information about a defendant’s risk of (1) failing to appear and (2) engaging in new criminal activity during pretrial release

Mesa County, CO Detention Rates by Risk Level 50 45% 45 40 35% 35 30 25 20 17% 15 10 3% 5 0 Risk Category 1 Risk Category 2 Risk Category 3 Risk Category 4

Mesa County, CO PR Releases and Public Safety Outcomes by Risk Level 90% 83% 80% 79% 78% 80% Safety 70% Rates 59% 60% 60% 47% 50% PR Rates 40% 30% PR = Personal 30% Recognizance Or “Released on 20% Own Recognizance” 10% 0% 2011 2013 2014 2015

Example of Supervision Level Scheme Supervision Level Possible Risk Management Activities Basic Level • Court date reminders • Periodic (1x or 2x per month) reporting by telephone Moderate Level • Court date reminders • Periodic reporting by telephone • Periodic (1x or 2x per month) in-person reporting to case manager Intensive Level • Court date reminders • Periodic reporting by telephone • Periodic (2x or 3x per month) in-person reporting to case manager 6

Other Risk Management Strategies • Reduce system-related issues that result in failure to appear warrants • Reduce the number of required court appearances • Reduce time to disposition

NYC Supervised Release Providers • CASES – NY County • CJA – Queens • Center for Court Innovation – Bronx, Richmond and Kings (Brooklyn Justice Initiatives)

Supervised Release Eligibility • Misdemeanants and non-violent felons • DV defendants phased in when additional protocols are established • Defendants at high risk of felony pretrial re- arrest will not be considered

NYC Supervised Release Process Flow Pre-Arraignment Referral of Risk tool Permission from Client Interview Cases screening Defense

NYC Supervised Release Process Flow Arraignment Judge makes Defense advocacy SR staff speaks on Released on SR release for eligible cases record (if needed) per Judge determination

NYC Supervised Release Process Flow Post-Arraignment Supervision Needs Intake Referrals Assessment Compliance Reporting

Risk Management/ Community Supervision All levels phone call/text message court reminders monthly criminal history check One face to face contact per month - Level 1 planning phone call before court date Level 2 One face to face contact and two phone calls per month Level 3 Two face to face contacts per month and two phone calls Level 3+ One face to face contact and one phone call per week

Risk Management/ Community Supervision Misdemeanor Non-violent felony with aggravating Non-violent with aggravating Misdemeanor factors felony factors low 1 2 1 2 low-med 1 2 1 2 medium 2 3 2 3 med-high 2 3+ 3 3+ high ineligible

Communication for Implementation 1. Introductory Training 2. Implementation Leaders 3. Monthly Data 4. Quarterly Meetings

Continuous Feedback & Improvement Discussion Measuring Forums Improvements Trouble shooting

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