Ventura County Probation Agency. Juvenile Detention Alternative Initiatives and Pretrial Services

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1 Ventura County Probation Agency Juvenile Detention Alternative Initiatives and Pretrial Services

2 JDAI is being replicated in 200 jurisdictions in 39 states and the District of Columbia. Juvenile Detention Alternatives Initiative JDAI is a grant funded by the Annie E. Casey Foundation (AECF) that was launched in Dedicated to reforming juvenile detention practices. In collaboration with the juvenile court judges, local law enforcement, public defender and district attorney s office, the population was safely reduced utilizing a risk-based criteria for booking and detention alternatives including community confinement, home supervision, and electronic monitoring programs.

3 and.reduce disproportionate minority confinement and contact of the juvenile justice system JDAI Objectives Decrease the number of youth unnecessarily or inappropriately detained Reduce the number of youth who fail to appear in court or re-offend pending adjudication Ensure appropriate conditions of confinement in secure facilities Redirect public funds towards effective juvenile justice processes and public safety strategies

4 DMC DMC is disproportionate minority confinement in secure detention facilities and disproportionate minority contact with the juvenile justice system. DMC occurs when the proportion of youth of color in a community is lower than the proportion of youth of color held in secure detention or involved in the local juvenile justice system. Also referred to as "racial and ethnic disparities."

5 Detention Reduction Efforts Implementation of Risk Assessment Instrument (RAI - last revision 4/2012) Collaborative Group Process Superior Court Probation Agency District Attorney s Office Public Defender s Office Law Enforcement Community Based Organization Representatives Behavioral Health Department Ventura County Office of Education

6 RAI FACTORS RAI gives point values to type of offense, prior history, probation status, mitigating and aggravating factors. Other factors include: Wanted by Probation/Warrant Aggravating Factors: multiple offenses, under the influence, gang related Mitigating Factors (limited points), played a minimal role, first offense, age, pro-social activities Failures to Appear

7 Automatic Bookings Include: Court remands Non-discretionary warrants (602 offenses) Returns from placement (778 WIC), EM, CDCR-DJJ (order of production) Unable to locate parent/guardian Transfer-ins Out of county courtesy holds Escapes from placement or secure facility

8 Outcomes Detention Decision Scale: (if the decision is made to release a minor booked for a discretionary warrant, the minor must be released with a scheduled court date) 0 5 points: Release without restriction PTA 6 7 points: Release with conditions; Home Supervision with a court date 8 9 points: Release with conditions; Electronic Monitoring with a court date 10+ points: Detain

9 Alternatives to Detention Promise to Appear: Release youth with agreement he/she will appear before the Court or probation officer Home Supervision: Supervised by EM team without ankle bracelet Electronic Monitoring: Home arrest with an electronic monitor; Subject to testing for substance use; Expected to attend school, prior approved appointments

10 Alternatives to Detention (continued) Discretionary Warrants Misdemeanor cases FTA or whereabouts unknown Probation granted discretion to release on promise to appear Current discussion on possible expansion to additional felony charges

11 Overview of Juvenile Facilities Population Ages 14-18, most 16 and 17, Total in Detention Services 55 in Commitment Services 99 Males, 15 Females 12 Adult Filings (20% of detention youth) 0 Pending Placement **snapshot 6/5/13

12 Annual Arrests

13 Annual Admissions

14 Juvenile Hall in 2001 and Population: Average low 117 with a high of 128 Annual admissions: 2097 Average length of stay: 21 State commitments: 23 (22 youth of color) 2012 Low of 37 with high of 49 (average 43) Annual admissions: 1044 Average length of stay: 14 State commitments: 2 (both youth of color)

15 Pretrial Services One of the primary goals for the Community Corrections Partnership s strategic plan was to implement evidence-based practices (EBP) by incorporating validated risk assessments in the Pretrial process. This would assist the Court in determining a defendant s likelihood of appearing for future court hearings and will assess their risk of committing a new offense in the community while pending court proceedings.

16 Pretrial Services (continued) This would allow a defendant, who is a low risk to the community and would otherwise not be able to afford bail, be allowed the opportunity to be supervised on their Own Recognizance while pending court proceedings. By providing the Court with reliable and objective information, the Court would be more informed when considering appropriate release options for each defendant. Pretrial Services began in Ventura County on

17 Pretrial Services Mission Statement Pretrial Services will assist the Court in making informed bail decisions through the use of a Pretrial risk assessment. Pretrial Services is committed to maximizing court appearances by those defendants that are released on their own recognizance and promoting community safety while reducing the jail population of low level defendants.

18 Pretrial Services Process The District Attorney s Office will non-prison eligible, 1170(h) filings, to Post Release Administrative Services (PRAS). The Senior Deputy Probation Officer will assign Pretrial reports to the Deputy Probation Officers in the unit. In most cases, the referrals will be received before 11:00 a.m. and the defendant s first appearance (arraignment) will be scheduled for that afternoon. The Pretrial report will include a recommendation that the defendant remain detained, be released on their Own Recognizance, or be released on their Own Recognizance with Pretrial supervision.

19 Eligibility Criteria Eligible defendants include those in custody for a non-prison eligible 1170(h) offense, that reside in Ventura County and are scheduled to appear for their first arraignment. Ineligible defendants include those with a hold, those in custody on a no bail case, sentenced prisoners, or those that had already been released on their Own Recognizance or were out on bail for a felony offense when arrested for the current crime. Any referrals received after 11:15 a.m. will be requested to be held over to the following day so a report and assessment can be completed.

20 Pretrial Risk Assessment Probation obtains the defendant s prior criminal history information, the circumstances of the current offense and interviews the defendant in custody. The Ohio Pretrial Risk Assessment is used on each defendant that is interviewed. The first three of the seven questions can be answered by the officer; however, the last four questions need to be answered by the defendant. Low risk = Own Recognizance Moderate risk = Own Recognizance with Pretrial supervision High risk = Detained

21 Pretrial Supervision Once a defendant is released on Pretrial supervision, the court officer will provide them with a Notice to Report to probation for their first checkin appointment. A defendant may be given drug and/or alcohol terms as a condition of their release. The probation officer will meet with the defendant on a weekly basis for the first four weeks and bi-weekly thereafter. For all defendants that are released on their Own Recognizance, probation will mail reminder notices one week prior to their court date and will either , call or text each defendant the day before their court date.

22 Violations of Pretrial Supervision A defendant will be returned to court for revocation of Pretrial supervision should any of the following occur: A defendant refuses to submit to drug and/or alcohol testing as ordered by the Court; tests positive for drugs and/or alcohol; fails to report to probation as directed, or is arrested/cited for a new misdemeanor or felony offense. A defendant will be returned to court for successful completion of their Pretrial supervision should a defendant report to probation as directed, test negative for drugs and/or alcohol and appear for all of their court proceedings for a period of ten weeks.

23 Methods of Termination There are five ways a defendant can be terminated from Pretrial supervision 1. Termination by the Court due to a satisfactory performance 2. Termination by the Court due to a poor performance 3. The defendant is sentenced on the existing offense 4. A bench warrant is issued for a failure to appear in court 5. The defendant is returned to custody for a new offense

24 Ventura County Statistical Information For those defendants that scored low or medium risk and probation recommended that they be released from custody, 83% of these defendants reported to probation as directed, tested clean for all substances and appeared for all of their court hearings. A total of 96% remained arrest free. For those that scored high risk and probation recommended they remain detained, but were released by the Court, 57% of these defendants were successful and 68% remained arrest free.

25 Contact Information: (805) The Honorable Brian Back; Presiding Judge of the Ventura County Superior Court Chief Deputy Patricia Olivares; Probation Services Division Manager Theresa Hart; Court Services Supervising Deputy Probation Officer Michelle Larson; Post Release Administrative Services