Smart Strategies to Prioritize Resources & Improve Public Safety: Prosecution Led Diversion & Deferred Prosecution Programs Jeffrey Altenburg Deputy District Attorney Milwaukee County District Attorney’s Office Mark Kammerer Coordinator, Alternative Prosecution & Sentencing Unit Cook County State’s Attorney’s Office Robert W. Hood Director, Community Prosecution & Violent Crime Division Association of Prosecuting Attorneys APA Final Friday’s Webinar March 28, 2014
Milwaukee County District Attorney’s Office John T. Chisholm District Attorney APA Final Friday’s Webinar March 28, 2014
Research has demonstrated that: The delivery of swift services and interventions , • commensurate with the possibility that an individual will continue criminal behavior ("level of re-offense risk“) and the presence of risk factors that are indicators of criminal behavior ("criminogenic needs“), offers the greatest opportunity for improving public safety. • These strategies also provide for the best use of criminal justice dollars and resources, by reducing the costs of processing cases for those at lower risk to reoffend and instead investing those resources in those who pose the greatest risk to the community Milwaukee County's early intervention programs are based upon these important research findings. APA Final Friday’s Webinar March 28, 2014
Milwaukee County’s Early Intervention Programs Although our focus today is on pretrial diversion and deferred prosecution, Milwaukee County operates the following range of early intervention options: • Pretrial Diversion • Deferred Prosecution • Day Reporting Center • Drug Treatment Court • Veterans Treatment Initiative APA Final Friday’s Webinar March 28, 2014
MILWAUKEE COUNTY, WISCONSIN CONTINUUM OF RISK BASED INTERVENTIONS
Risk & Needs Assessments Risk & needs are assessed using validated assessment tools: • MCPRAI-Revised • LSI-R SV • LSI-R APA Final Friday’s Webinar March 28, 2014
The Goal of Milwaukee County’s Early Intervention Programs The goal of these early intervention programs is to reduce the long-term recidivism risk of individuals involved in the criminal justice system, while ensuring public safety and the efficient allocation of limited criminal justice resources. • This is accomplished by: 1) maximizing the opportunity to support and encourage pro-social attitudes & behaviors of offenders while they are in the criminal justice system, and 2) minimizing the potential negative consequences that may accrue such as social stigma, exposure to higher risk offenders, and loss of pro-social supports (family, employment, educational activities, etc.). APA Final Friday’s Webinar March 28, 2014
Pretrial Diversion Eligibility Defendants who score low on the LSI-R:SV (or LSI-R) (scores ranging from 0 to 2 on the LSI-R:SV, or 1 to 13 to on the LSI-R) who have a provable charge involving crimes other than those covered by the exclusions are eligible for Pretrial Diversion. APA Final Friday’s Webinar March 28, 2014
Pretrial Diversion Exclusions • Residential burglary: Ineligible unless family member/ neighbor victim requests it. • Firearms/or history of felony firearms charges: Ineligible. • Felony sex offenses: Ineligible unless SCDDA approved. • Crimes of violence or history of crimes of violence: Ineligible unless DA approved. APA Final Friday’s Webinar March 28, 2014
Exclusions Continued • Public welfare and entitlement charges: Ineligible unless approved by a DDA approved. • Domestic violence: Case by case by DV Team Capt. or DDA. • Gang involved: Ineligible if history of arrests/convictions /or other info shows gang related activity, unless DA approved. • Drug charges: Higher quantity distribution (or evidence suggesting it) ineligible , possession cases dependant upon amount. APA Final Friday’s Webinar March 28, 2014
Diversion Program Case Process • A defendant who meets the eligibility criteria for Pretrial Diversion will be considered for it at the charging conference. No criminal complaint will be filed. • Cases involving victims must involve victim consultation concerning offense and restitution. • If the offer is accepted, a Diversion Agreement will be put into place, which will include restitution in a stipulated amount, if applicable. APA Final Friday’s Webinar March 28, 2014
Diversion Program Expectations • Diversion Agreements are generally 6 months long. • Include a set of reasonable requirements that are developed/conveyed to the participant at the time of the offer by legal counsel. • Diversion is focused on accountability, not problem solving or risk reduction. Requirements (conditions) are related to accountability and encourage defendants to continue/pursue pro-social activities. Over-conditioning is avoided. • Problem solving issues, if discovered, are addressed by recommendations/referrals, not mandated services. APA Final Friday’s Webinar March 28, 2014
Standard Diversion Conditions • Remain crime free during the diversion process. • Pay restitution, if applicable. • Victim-offender Restorative Justice Conferences • Letter(s) of apology • Restitution and/or community service hours • Short term targeted educational programs or classes such as the shoplifters' group, CCAP education class • Referral for school/job training. APA Final Friday’s Webinar March 28, 2014
Deferred Prosecution Eligibility • Defendants who score low/moderate (scores ranging from 14 to 33 on the LSI-R), who are charged with crimes other than those covered by the exclusions are eligible for Deferred Prosecution. • Defendant's who are on Department of Corrections supervision who would otherwise meet the DPA eligibility criteria are considered on a case by case basis for a DPA in conjunction with a formal Alternative to Revocation. APA Final Friday’s Webinar March 28, 2014
Deferred Prosecution Exclusions • Residential burglary: Ineligible unless family member/ neighbor victim consents. • Firearms/or history of felony firearms charges: Ineligible. • Felony sex offenses: Ineligible unless SCDDA approved. • Crimes of violence or history of crimes of violence: Ineligible unless DA approved. APA Final Friday’s Webinar March 28, 2014
Exclusions Continued • Public welfare and entitlement charges: Ineligible unless approved by a DDA approved. • Domestic violence: Case by case by DV Team Capt. or DDA. • Gang involved: Ineligible if history of arrests/convictions /or other info shows gang related activity, unless DA approved. • Drug charges: High quantity distribution (or evidence suggesting it) ineligible , possession cases dependant upon amount. APA Final Friday’s Webinar March 28, 2014
Deferred Prosecution Case Process • Conditions of a DPA address risk reduction and can include accountability strategies. This population present with both risks and needs. • The requirements are tailored to the individual based on a thorough and individualized assessment of risks and the needs in order to reduce long term risk of re offense. • Requirements are crafted such that an individual is able to reasonably meet expectations. While the following is a list of potential requirements, over-conditioning is avoided and emphasis placed on addressing the most significant criminogenic needs as opposed to every need an offender has. APA Final Friday’s Webinar March 28, 2014
Deferred Prosecution Conditions Risk Reduction Strategies Accountability Requirements • Cognitive Behavioral Therapy • Remain crime free during duration of the DPA • Substance Abuse/Mental • Drug Testing, if indicated Health Treatment, if indicated • Pay restitution, if applicable • Anger Management with a CBT component • Complete community service hours, if appropriate • Parenting with a CBT component • Complete restorative justice requirements, if appropriate • Electronic/GPS Monitoring • Complete short term targeted educational programs APA Final Friday’s Webinar March 28, 2014
Other Program Elements • Professional case management as the ideal means to fully access/ monitor an offender while on the DPA. • Periodic progress/compliance reports. • DPA duration based on risk & need, 6 months to a year. • Offenders successful if they complete requirements and remain crime free. APA Final Friday’s Webinar March 28, 2014
Program Outcomes • Pretrial Diversion If successful, case is no processed. If unsuccessful, charges filed. • Deferred Prosecution If successful, case dismissed. If unsuccessful, offender sentenced on charge pled to. APA Final Friday’s Webinar March 28, 2014
Program Volume & Results* • Jan 1, 2007 – March 26, 2014 - Total Clients Served: 1,721 • DPA – 1,296 Total Successful Completions: 920 (71%) Charges Reinstated: 376 (29%) • Diversion – 425 Total Successful Completions: 257 (60.5%) Charges Filed: 168 (39.5%) • Total Jail/Prison Days Avoided: 124,534 *Represents defendants monitored by JusticePoint, Milwaukee County’s Pretrial Services Agency APA Final Friday’s Webinar March 28, 2014
Cook County State’s Attorney’s Office Anita Alvarez State’s Attorney APA Final Friday’s Webinar March 28, 2014
Recommend
More recommend
