Summit County Pre Trial Services

Transcription

1 Summit County Pre Trial Services Mission The Summit County Pretrial program operates under the American Bar Association (ABA) standard that the law favors the release of defendants pending the adjudication of charges. The purpose of the program is to ensure due process to individuals accused of crimes, uphold the integrity of the court by assuring the appearance of defendants for all court proceedings, and protect the public. Pretrial Service s main function is to provide objective information to the Courts to assist in the decision of bail and to provide supervision and services to pretrial defendants. History The current Summit County Jail was built in 1990 and expanded in Since its opening, it has battled chronic overcrowding issues. As a result, three system assessments were completed between 1989 and The first was completed by the Bureau of Justice Assistance in 1989; the second was done by the National Institute of Corrections in The third assessment was conducted by the Institute for Law and Policy Planning (ILPP) and included a systems based strategic plan to overhaul the Summit County Justice System. All three assessments showed that the Summit County Pretrial Program needed restructuring. During the time of the assessments, the Summit County Jail had an inmate population that largely consisted of un sentenced offenders. In the initial assessment by the Bureau of Justice Assistance, it was observed that 90% of the jail population was pre trial defendants. In 2000, the ILPP study indicated that: Although Summit County does not suffer from a lack of programs and services, it does suffer from inadequate coordination and a failure to screen offenders at the earliest stages of arrest, booking and pretrial release. The county jail population is mainly pretrial (80%), and the system lacks any adequate pretrial program, screening system, or mechanism to objectively release offenders. The County can never fully realize a well integrated criminal justice system is such an important component of the system remains neglected. In addition, the research showed that compounding the problem was the length of stay for pretrial inmates. Accused misdemeanants spent an average of two weeks pending adjudication, while accused felons waited nearly 2 months for disposition.

2 Since the ILPP report was presented, stakeholders in the Summit County Justice System began to address Pretrial issues under the Summit County Criminal Justice Advisory Board (SCCJAB), which is used to identify and resolve interagency problems within the justice system, and to create a process for effective future planning. A subcommittee was formed to address the need to overhaul the current Pretrial program. As a foundation for the new Pretrial Program, SCCJAB sought a validated instrument to screen individuals booked into the jail on felonies. In addition, the board wanted an instrument that could be revalidated over time to ensure that tool was accurately assessing the risk of pretrial misconduct over time. The ABA and National Association of Pretrial Services urge the use of using objective criteria to assess a defendant s risk of failing to appear for court appearances and of being arrested for new offenses pending trial. After the subcommittee reviewed the current pretrial tool and determined it was too subjective and not validated, they began to research other pretrial programs within the country. The subcommittee favored the Virginia Pretrial Risk Assessment Instrument (VPRAI) and decided to use it for a model for Summit County. The model was modified to meet the specific needs of Summit County and named the Summit County Pretrial Risk Assessment (SCPRAI). Summit County was the first jurisdiction in the United States to validate this modified instrument. In 2006, the risk assessment was implemented as part of a criminal justice reengineering project. The risk assessment includes the following indicators: whether the current charge is a felony, pending charges at the time of arrest, violent criminal history, outstanding warrants, adult criminal history, history of failing to appear, length of residence, employment history, and drug use history. When scored, each of the 9 indicators is given one point with the exception of failure to appear, which is given two points, for a total of 10 points. The defendants can then be classified into risk categories based on their scores. The levels of risk are as follows: low, below average, average, above average, and high. Each of these levels is broken down into a grid based on the type of charges. The grid subdivisions are: nonviolent without presumption of prison, nonviolent with presumption of prison, and violent. Pretrial is able to make an objective bond recommendation based on the level of risk and the type of charge in order present it to the court. Interviews Pretrial investigations are initiated after defendants charged with felony offenses are booked into the Summit County Jail. Once a defendant is booked, Pretrial staff conducts a criminal background investigation. As part of the investigation, the Pretrial officer will check multiple databases, including: Akron, Barberton, Stow and Summit County Clerk of Courts, Summit Court Online Record System, Ohio Department of Corrections website, and the Law Enforcement Automated Data System (LEADS) to get a comprehensive criminal history of the defendant. The history will include convictions of jailable offenses, failures to appear, and pending warrants and charges. After the investigation, the officer will conduct an interview using a standardized Pretrial Investigation Report. Prior to beginning the interview, the Pretrial officer will explain the pretrial process to the defendant and have them sign a

3 Release of Information form. The purpose of the report is to elicit information from the defendant about his residence, family/community references, employment status, primary caregiver status, education, health issues, substance use/treatment, and criminal history. Immediately following the interview, the officer will attempt to contact references and confirm the information given by the defendant. Once the above information has been gathered, a report is created for the court. As part of the Pretrial report, if the defendant is eligible, a SCPRAI is generated to determine the defendant s level of risk. Eligibility criteria for the SCPRAI are: a pretrial interview must have been conducted, the defendant must have been free (not incarcerated) at the time of arrest or when the warrant was served, and the SCPRAI must be completed within 7 days of incarceration. Pretrial staff will be present in Akron Municipal Court arraignments and Common Pleas arraignments to assist court officers in making bail decisions. Bond reviews can be requested at the Common Pleas level, and are conducted in the same manner as a Pretrial investigation. Supervision Pretrial Supervision is provided by Oriana House, Inc. The Pretrial Office acts as a liaison between the Court and Oriana to enforce the court ordered Conditions of Release. A judge or magistrate can add different levels of pretrial supervision as a condition of bond (minimum, medium, maximum). If medium or maximum supervision is ordered, additional conditions of release can be added, such as electronic monitoring (Home Incarceration, SCRAM, and GPS), Half Way House, Employment Placement, and Work Release. The Pretrial Office is ultimately responsible for monitoring compliance with the court ordered conditions of release. The office submits violation memorandums to the court and requests capiases when defendants are non compliant. Information regarding non compliance is provided by Oriana House monitors. Emergency Release Due to jail overcrowding conditions, the Common Pleas Court has a standing order to release inmates that meet certain criteria when the jail s population exceeds 467 county inmates. Currently, the jail has 671 beds available (Male 564; Female 89; Optional 18). Of those 671 beds, Summit County only has 541 available, which actually includes felonies and misdemeanors. The Pretrial Office is responsible for screening defendants who appear eligible for release pursuant to the Summit County Court of Common Pleas Miscellaneous Order Number 358 C. The order basically states that any person not charged with an offense of violence is eligible for emergency release. Pretrial officers screen persons who are appropriate for emergency release on a regular basis. If a defendant appears eligible, the pretrial officer will prepare a Judgment Order and submit it along with a Conditions of Release form to the presiding common pleas judge for review.

4 The Pretrial Office usually does not recommend emergency release until after the defendant has appeared with counsel in both Akron and Barberton Municipal Courts. It can, however, recommend release for eligible persons before preliminary hearings in the Stow Municipal Court. Diversion Another component of pretrial is diversion. The Summit County Court of Common Pleas currently has three diversion programs: Drug Court, Intervention in Lieu of Conviction, and the Prosecutor s Diversion Program. Pretrial plays a role in the first program, Felony Drug Court. If a defendant is arraigned in Akron Municipal Court and is charged with a drug related offense of the 4 th or 5 th degree, and the offenses do not include Trafficking, Distribution, Manufacturing, or Preparation for Sale charges, he qualifies to be screened for Drug Court. In addition to the above, the defendant must meet the following criteria: Must have police and prosecutor approval Case may have two Possession or Drug Abuse Charges Charges of Tampering with Evidence will be evaluated by police and prosecutor to determine eligibility Defendant must be mentally and physically able to participate Defendant is not eligible if he is: o Actively on parole/post release control o On community control o Currently participating in a diversion program or specialty court o Has previously participated in a Drug Court or IILC program o Has been convicted of a 1 st or 2 nd degree felony in the past 5 years o Has more than two felony convictions in the past 5 years o Has a substantial history of violent offenses (felony or misdemeanor) o Has a prior conviction for Trafficking, Distribution, Manufacturing, or Preparation for Sale o Has pending cases o Is a co defendant o Has more than 3 Fail to Appear convictions o Is classified a Tier 3 Sex Offender or Sexual Predator o Holds a position of trust as deemed by the prosecutor o The underlying substance abuse issue involves a drug that cannot be tested Companion Theft cases will be considered on a case by case basis by the prosecutor. Conclusion

5 As the Summit County Justice System is forced to evolve to accommodate growing pressure from increased court caseloads, increased paper flow, budget cuts, and reduced staff, the Summit County Court of Common Pleas remains committed to implementing systematic planning that can affect the overall efficiency and effectiveness of our justice system. As part of that plan, Pretrial Services aims to preserve the integrity of the Court, maintain the constitutional rights of those accused of crimes, and ensure the safety of the community.