Budgetary advantages of enhancing pretrial justice fin

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BUDGETARY ADVANTAGES OFPRETRIAL SERVICE PROGRAMS

Pretrial Services: A Primer for Budget Planners

Overview and Agenda

Exercise Legal Overview

National Data Review

Role of Pretrial Services

Law Enforcement Perspective

Win Win Exercise

Overview and Agenda

The period of time between arrest/citation and case adjudication is known as the pretrial stage. During this stage defendants enjoy certain inalienable rights as found in law. Legal rights that apply during the pretrial stage can be found in the Constitution of the United States, case law, and state and federal statutes.

Pretrial Stage of the Criminal Justice System

Legal and Constitutional Rights1. Presumption of

Innocence2. Right to Counsel3. Right Against Self-

incrimination4. Right to Due Process

of Law5. Right to Equal

Protection Under the Law

6. Right to Bail that is Not Excessive

Presumption of Release

Unless a judicial official determines otherwise, it is presumed that the defendant will be released under one of the following conditions: Written Promise to Appear Unsecured Appearance Bond Custody of a Designated Person Secure Bond House Arrest with Electronic Monitoring

N.C.G.S 15A-534(b)

Overview and Agenda

Growth in County Jail Populations

1982 1987 1992 1997 2002 20070

100000

200000

300000

400000

500000

600000

700000

800000

900000Jail Population: 1982-2007

Bureau of Justice Statistics: Annual Survey of Jails

FBI Uniform Crime Reports

Violent Crime Rate

1995 1997 1998 2001 2003 2005 2007 2009 20100

Violent Crime Rate

FBI Uniform Crime Reports

Property Crime Rate

1995 1997 1998 2001 2003 2005 2007 2009 20100

Property Crime Rate

Growth in County Expenditures for Jails

1982 1987 1992 1997 2002 20070

5000000

10000000

15000000

20000000

25000000

30000000

County Jail Expenditures: 1982-2007

Bureau of Justice Statistics: Justice Expenditures and Employment in the United States

Jail Populations In Era of Economic Downturn

2005 2006 2007 2008 2009 2010 2011700000

710000

720000

730000

740000

750000

760000

770000

780000

790000

Jail Population: 2005-2011

Changing Characteristics of Jail Populations

1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2009 20100

100,000

200,000

300,000

400,000

500,000

600,000

Pretrial Detainee Population on June 30

Sentenced Population on June 30

Overview and Agenda

ExerciseLegal

Overview

National Data

Review

Role of Pretrial

Services

Law Enforcement

Perspective

PRETRIAL SERVICES FUNCTIONS

The National Association of Counties and the American Bar Association say that all counties should provide for several functions to facilitate pretrial justice, including: Gathering information on all defendants who

are in custody awaiting a bail setting hearing, including conducting a risk assessment.

Supervising defendants on pretrial release and reminding them of their upcoming court dates.

Gathering Information

What is involved: Interviewing defendants for information about their residence and employment status, verifying the information provided, doing criminal history record checks, and conducting an individual assessment of risk each defendant poses in terms of: Risk of flight Danger to the community

Benefits

Economic benefits: Judicial officers have the information they need to make informed decisions regarding pretrial release, meaning they are much more likely to order release, thus reducing jail costs. Mecklenburg County, NC saw a 32% increase in

non-financial bonds after the implementation of a revised bail policy and evidence based risk assessment with NO statistically significant increase in failure rates.

Supervision

What is involved: Actively monitoring conditions of pretrial release imposed by the court. Conditions can include: reporting in on a regular basis, either by phone or in person, drug or alcohol testing, and electronic monitoring.

Number of Defendants Admitted to Pretrial in North Carolina

FY 07 FY 08 FY 09 FY 100

10,000

12,000

14,000

16,000

18,000

14,74615,890 15,521

North Carolina Sentencing and Policy Advisory Commission: Compendium of Community Corrections Programs in North Carolina

Success Rates in North Carolina

FY 07 FY 08 FY 09 FY 1074%

80%79% 79%

Mecklenburg County Comparison of Pretrial and Secured Bond Success Rates

PretrialSecure Bond

64666870727476788082

Mecklenburg County: Bail Policy Review

Benefits

Economic benefits: Defendants can be safely monitored in the community at a fraction of the cost of keeping them in jail. Savings can be used to fund other areas.

North Carolina Pretrial Cost Per Day/Per Participant

FY 07 FY 08 FY 09 FY10 FY 11$0.00

$10.00

$20.00

$30.00

$40.00

$50.00

$60.00

$70.00

Program Cost/Day Jail Cost/DayAdjusted Jail Cost/Day

In FY 11, what was the cost benefit of Pretrial Services in North Carolina?

$1,359,209

Name That Savings

Overview and Agenda

ExerciseLegal

Overview

National Data

Review

Role of Pretrial

Services

Law Enforcement

Perspective

Conclusion/Next Steps

Government officials should look upon the use of jail beds the same as the health industry looks at the use of hospital beds – given the huge expense, as a last resort, only when all other less expensive options will not suffice.

Consider utilizing other release means where appropriate.

Contact Information

Chief Kenneth Miller, Greensboro Police Department

Ken.Miller@greensboro-nc.gov Raina Holliday, Pretrial Services Director,

Rockingham Countyrholliday@co.rockingham.nc.us

Jessica Ireland, Program Manager, Mecklenburg County Pretrial Services.

Jessica.Ireland@MecklenburgCountyNC.gov

Budgetary advantages of enhancing pretrial justice fin

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