pretrial services it’s coming... fy 2001: project development/planning grant (9 months) fy 2002:...
TRANSCRIPT
PRETRIALSERVICES
IT’S COMING...
• FY 2001: project development/planning grant (9 months)
• FY 2002: project implementation grant for full operation
IT’S COMING...
• WHAT IS IT?• WHAT WILL IT MEAN TO OUR
CRIMINAL JUSTICE SYSTEM?• WHAT WILL IT MEAN TO MY
AGENCY?
WHAT IS IT?
• TWO COMPONENTS AND SOME OPTIONAL SERVICES
• PRETRIAL INVESTIGATION• PRETRIAL SUPERVISION
• TIMELY INVESTIGATION OF CONFINED AWAITING-TRIAL DEFENDANTS
• GATHERING OF INFORMATION AND VERIFICATION
• PRETRIAL REPORT WITH RECOMMENDATIONS TO COURT AT ARRAIGNMENT
PRETRIAL INVESTIGATION
PRETRIALINVESTIGATION
• IMPROVES BAIL DETERMINATIONS
• COMPLETE• VERIFIED• FAST
INFORMATION LIKE...
• RECORD OF CONVICTIONS• TIES TO THE COMMUNITY• RISK OF FLIGHT• RISK TO PUBLIC SAFETY• SUBSTANCE ABUSE SCREENING• EMPLOYMENT
NOT INFORMATION LIKE...
• QUESTIONS ABOUT THE ALLEGED OFFENSE
• WHICH MIGHT BE PERCEIVED AS SELF-INCRIMINATING
WHERE?
•AT THE JAIL
WHERE ELSE ?
•THROUGH THE USE OF VIDEO CONFERENCING EQUIPMENT
RECOMMENDATION/REPORT
• NOT PERMITTED TO RECOMMEND PRETRIAL SUPERVISION AND A SECURE BOND
• TARGET POPULATION: ELIGIBLE FOR RELEASE BUT NOT ABLE TO MEET THE CONDITIONS OF A SECURE BOND
RECOMMENDATION….
• Signed promise to appear (ROR)• Release to custody and
supervision of program• Pretrial supervision and
unsecured bond• Unsecured bond• Reduced secure bond• Same bond• Continued pretrial detention
MUST THE COURT HONOR RECOMMENDATION?
•No•But regular failure to do so
indicates a lack of confidence in and support of the program
EXPEDITING THE PROCESS...
•DAILY ARRAIGNMENTS AMONG GENERAL DISTRICT COURTS (GDC AND JDR)
PRETRIAL SUPERVISION
• Defendant is investigated• Report recommends pretrial
supervision• Court agrees with the
recommendation• What now?
PRETRIAL SUPERVISION
• PROVIDING SUPERVISION OF DEFENDANTS RELEASED TO THE PROGRAM AWAITING TRIAL
CONDITIONS INCLUDE…
•STANDARD CONDITIONS OF BAIL
•SPECIAL CONDITIONS OF BAIL (CURFEW, ALCOHOL ABSTINENCE, PROTECTIVE ORDERS)
•DRUG SCREENING
PRETRIAL SUPERVISION
•REPORTING VIOLATIONS TO THE COURT
PRETRIAL SUPERVISION
• REQUEST A WARRANT/CAPIAS FOR SERIOUS VIOLATIONS
• RISK TO PUBLIC SAFETY• PROBABLE FAILURE TO APPEAR
PRETRIAL SUPERVISION
•ENSURING DEFENDANTS APPEAR FOR SCHEDULED COURT DATES
OPTIONAL SERVICES
•ASSIST COURT WITH INDIGENCY VERIFICATIONS
WHAT WILL THIS MEAN
FOR MY AGENCY??
PRETRIAL SERVICES FOR J&DR?
•YES...•FOR ADULT DEFENDANTS•HELPS MONITOR PROTECTIVE ORDERS
•CROSS-COURT ARRAIGNMENT CRITICAL
PRETRIAL SERVICES FORRAPPAHANNOCK?
•MAYBE...•TARGET POPULATION VERY
LIMITED•DIRECT PLACEMENTS BY
JUDGES AND MAGISTRATES ONLY?
•SUPERVISION W/O SECURE BOND
COURTS
• Better-informed bail decisions• Alternative to pretrial detention• Pretrial success indicative of post-
trial success
• New procedures• Slight learning curve• Agreement for cross-court
arraignments
MAGISTRATES
• May make direct placements into the program as in Loudoun (w/o secure bond)
• New procedures• Slight learning curve• More communication with ACS
PROSECUTORS
• Accurate defendant investigation and background
• Intensive monitoring of defendant
• Familiarize with new procedures
JAIL
• Reduced population• Reduced general costs• Reduced transport costs
• Information sharing• Staff coordination for interviews• Video conferencing• No transport prior to initial appearance
in district court
ACS
• New division• Project implementation/planning• New staff• Additional space• Policies and procedures• System coordination
OUR CRIMINAL JUSTICE SYSTEM
• More services and alternatives• Reduced public cost• Greater offender accountability
OUR CRIMINAL JUSTICE SYSTEM
• COOPERATION• COORDINATION• PATIENCE