Smart Strategies to Prioritize Resources & Improve Public - - PowerPoint PPT Presentation

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

Smart Strategies to Prioritize Resources & Improve Public Safety: Prosecution Led Diversion & Deferred Prosecution Programs

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

• f 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,

• r 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.

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Exclusions Continued

• Public welfare and entitlement charges: Ineligible

unless approved by a DDA approved.

• Domestic violence: Case by case by DV Team Capt.
• r 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

• ffer 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.

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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

• n 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.
• r 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

• Cognitive Behavioral Therapy
• Substance Abuse/Mental

Health Treatment, if indicated

• Anger Management with a

CBT component

• Parenting with a CBT

component

Accountability Requirements

• Remain crime free during

duration of the DPA

• Drug Testing, if indicated
• Pay restitution, if applicable
• Complete community service

hours, if appropriate

• 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.

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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.

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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

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Cook County State’s Attorney’s Office Anita Alvarez State’s Attorney

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Felony Deferred (Diversion) Program

• Established by the SAO in March of 2011.
• Individuals charged with non-violent offenses, no past

felony conviction.

• SAO currently operates program in conjunction with

the Pre-trial Services Department , TASC, and the Office of the Chief Judge.

• If the participant successfully fulfills the expectations of

the program, the SAO dismisses the original charge upon completion (within 9-12 months).

• Each victim must agree to the offender’s participation

prior to the offer being made.

• If restitution is required, it must occur before any

charges can be dismissed.

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Offender Programming

• Twelve month commitment by the offender
• Refrain from criminal activity
• Engage in appropriate educational, vocational

(including community service), and treatment activities to improve the participant’s status as a positive member of society.

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Eligible Offenses

• Eligible offenses include retail theft, burglary, psmv,

theft, forgery, drug possession (when not eligible for drug school), unlawful use of a credit card, and deceptive practices.

• No current charge of violence or past conviction of

violence.

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Program Results

 Over 1,200 individuals accepted into the program March of 2011.  90% of participants have not been arrested for new criminal activity and 91% are in compliance with program expectations.  Over 600 felony cases have been dismissed.  Among the first 271 graduates at least one year post-case dismissal, 98% have no new felony arrest, 96% have no convictions.  Resulted in a savings to the criminal justice system of over $600,000 in 2012.

APA Final Friday’s Webinar March 28, 2014

Drug School Diversion Program

 First diversion program in Cook County, only such program in Illinois. Recognized by Illinois statute in 2005.  True diversion – no preliminary hearing or trial for successful participants.  Offered prior to preliminary hearing, to offenders charged with simple, low-level drug possession, with no evidence of drug dealing or violence, no past convictions of violence, no participation in program in the past 3 years.  Adults, no upper age limit.  SAO currently operates program in partnership with TASC and the Gateway Foundation.

APA Final Friday’s Webinar March 28, 2014

Offender Programming

• 10 hours of education related to the negative impact
• f illegal substance use: legally, medically, socially,

vocationally, etc.

• Facilitated by certified counselors who refer

significantly drug-involved participants to formal treatment options.

• Offered at four sites in Cook County (two in Chicago,

two in suburbs).

• Offered in English or Spanish, with interpreter

services available, including sign language

• Two tiers of curriculum – one for participants 17 to

25, the other for 26+.

APA Final Friday’s Webinar March 28, 2014

Program Results

• Over 44,000 offenders accepted Drug School Diversion

in lieu of prosecution since 2001.

• 90% successful completion rate, resulting in charge

dismissal for over 3,000 individuals /year, over 33,000 since 2001.

• Successful participants are almost four times less likely

to have a new drug arrest in the first year after accepting the SAO’s offer than unsuccessful participants.

• Only 12% of successful participants have a new drug

arrest in the first year, post-program completion.

• Less than 25% of successful participants have a new

drug arrest in the first three years, post-program completion.

• Saves over $2,000,000 per year in CJS costs.

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Misdemeanor Deferred Prosecution Program

• Designed to assist misdemeanor offenders who have

mental illness issues or are veterans.

• Implemented in August, 2012; expanded late 2012.
• Emphasizes referral to/linkage with treatment and
• ther resources for low-level offenders, charged with

non-violent misdemeanors.

• Results in a dismissal of charges if compliant with the

requirements

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Veterans & Servicemembers Component

• Requires registration & initial assessment at a local

VA medical center for those participants who have not previously registered for services.

• Requires one appointment at the John Marshall Law

School Veterans Legal Support Center & Clinic to explore options.

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Mental Health Component

• Requires a formal intake assessment interview

and at least one follow-up appointment at

• ne of three licensed service providers to

discuss recommendations for services.

• Psychiatric evaluation available, as indicated.

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Program Outcomes

• Over 750 participants in first eighteen months
• f operation.
• 94% retention rate.
• 90+% successful completion rate.
• Over 525 cases dismissed since December,

2012.

• Annual savings of over $200,000 in CJS costs.

APA Final Friday’s Webinar March 28, 2014

Q&A

APA Final Friday’s Webinar March 28, 2014

NOTICE OF FEDERAL FUNDING & FEDERAL DISCLAIMER

This project was supported by Grant No. 2011-DP-BX-K051 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component

• f the Office of Justice Programs, which also includes the Bureau of Justice

Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the SMART Office, and the Office for Victims of

• Crime. Points of view or opinions in this document are those of the author

and do not represent the official position or policies of the United States Department of Justice.