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

Fundamentals

• f 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

17% 35% 51% 0% 10% 20% 30% 40% 50% 60% 2-3 Days 4-7 Days 8-14 Days

Increase in 2-Year Recidivism Low-Risk Defendants*

*Lowenkamp, C.T., VanNostrand, M., & Holsinger, A. (2013). The Hidden Costs of Pretrial Detention. Laura and John Arnold Foundation. New York City, NY.

9% 20% 26% 0% 5% 10% 15% 20% 25% 30% 2-3 Days 4-7 Days 8-14 Days

Increase in 2-Year Recidivism Moderate-Risk Defendants*

Historical Context of Pretrial in NYC

Manhattan Bail Project (1961)

• Interviewers determined community ties and likelihood
• f 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

0% 5% 10% 15% 20% 25% 30% 35% 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

3% 17% 35% 45%

5 10 15 20 25 30 35 40 45 50 Risk Category 1 Risk Category 2 Risk Category 3 Risk Category 4

Mesa County, CO Detention Rates by Risk Level

80% 79% 78% 83% 30% 47% 59% 60% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 2011 2013 2014 2015

Safety Rates PR Rates

PR = Personal Recognizance Or “Released on Own Recognizance”

Mesa County, CO PR Releases and Public Safety Outcomes by Risk Level

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 Cases Risk tool screening Permission from Defense Client Interview

NYC Supervised Release Process Flow

Arraignment

Defense advocacy for eligible cases SR staff speaks on record (if needed) Judge makes release determination Released on SR per Judge

NYC Supervised Release Process Flow

Post-Arraignment

Intake Needs Assessment Supervision Referrals Compliance Reporting

All levels phone call/text message court reminders monthly criminal history check Level 1 One face to face contact per month - 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

Risk Management/ Community Supervision

Misdemeanor Misdemeanor with aggravating factors Non-violent felony Non-violent felony with aggravating 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 Forums Trouble shooting Measuring Improvements

www.pr e tr ial.or g

/ pr e tr ial @pr e tr ial pji@pr e tr ial.or g

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