Pretrial Services and Bail Funds Increasing Access to Justice

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1 Pretrial Services and Bail Funds Increasing Access to Justice Presenters: Norma Wassel, MSW, Chair, Massachusetts Bail Fund Alyssa Work, Esq., Director, Bronx Freedom Fund

2

3 Where Prisoners are Held

4 Life Time Chances of Incarceration by Race & Gender (2003)

5 The Problem of Pre Trial Imprisonment Nationally, local jails admitted 11.6 million persons during the 12 month period ending midyear % of them were African American and another 15% were Latino. 60% of were pre trial detainees. Source: US Bureau of Prisons

6 Racial Disparities Pre Trial Compared to White Defendants: African Americans are 25% more likely to be denied bail; 12% less likely to be released on own recognizance; 87% more likely to be incarcerated.

7 Pre Trial Disparities (cont d) Compared to White Defendants: Latinos are 24% more likely to be denied bail; 24% less likely to be released on own recognizance; 101% more likely to be incarcerated. Northeastern Law School, Legal Skill in Social Context: Bail in Mass. Report.

8 Bail Law Must be individualized Stack v. Boyle,342 U.S. 1 (1951) May Consider danger U.S. v. Salerno, 481 U.S. 739 (1987) In our society, liberty is the norm, and detention prior to trial or without trial is the carefully limited exception. Chief Justice William Rehnquist U.S. v. Salerno, 481 U.S. 739 (1987)

9 Conference of Chief Justices urge that court leaders promote collaborate, and accomplish the adoption of evidence based assessment of risk in setting pretrial release conditions and advocate for the presumptive use of non financial release. * * Resolution Endorsing the Conference of State Court Administrators Policy Paper on Evidence Based Pretrial Release.

10 Current Bail Decision-Making Offense Severity Bond Amount Static/one dimensional Offense based Fail to factor individual risks and strengths of defendant Consideration of danger not part of process No individual conditions tailored to mitigate risk imposed/monitored Those with money are released w/o monitoring or supervision.

11 Impact of Current Bail System $9 billion annually Most of those assessed as most likely to reoffend or skip court are released. Jail beds filled disproportionately with lower risk pretrial defendants. Pretrial detention of lower risk defendants increases likelihood of recidivism.

12 Potential for Pretrial Detention Reform Pretrial Services may include risk assessments Unsecured Bonds Automated phone call notifications Bail Funds Legislative reforms

13 Pretrial Services Can be a government agency or a private nonprofit organization Conducts interviews or performs assessments Can recommend conditional release such as GPS monitoring, enrolling in treatment programs, etc. Concern adds restrictions when defendant is still considered innocent

14 Risk Assessment Predicts a defendant s likelihood to appear in court based on proven actuarial data; current tool being validated by the Arnold Foundation May consider factors such as criminal record, community ties, severity of charges, family support system, history of violence, and substance abuse.

15 Age Risk Assessment Auto Insurance Distracted driving Peer(s) in vehicle with driver Low driving skills Low compliance with traffic laws

16 Risk Mitigation Auto Insurance Drivers education Restrict nighttime driving Prohibit peers as passengers Strict enforcement Seat belts, texting, etc.

17 Adoption of Risk Based Decision Making Adopted Risk Kentucky DC Colorado Ohio Virginia Delaware Maine Under Construction Arizona New York New Jersey Maryland West Virginia Florida California Kansas North Carolina South Carolina Texas

18 Pretrial Outcomes in Kentucky Overall Release rate: 70% Non financial release rate: 66% Rearrest rate: 8% Failure to appear rate: 10%

19 DC Pretrial Justice Outcomes Overall Release rate: 85% Public Safety rate: 88% Court Appearance rate: 88%

20 Maine Pretrial Services Safety Rate FY 2012 In FY 2012 MPS screened 4524 defendants 1764 defendants were released and supervised by MPS 1747 of them successfully appeared for court 119 committed new criminal conduct during supervision.

21 Cost Avoidance Maine Pretrial Services saved 167,411 jail bed days. If multiplied by Maine s artificially low rate of $22.00 per day, we can see an initial cost avoidance of $3,683,042

22 Unsecured Bonds Qualified defendants are released without having to post a cash bond Defendants who fail to appear become responsible for paying the entire bail amount

23 Notifications Automated phone calls can be placed to defendants to remind them of upcoming court dates. Defendants can receive a postcard with a similar reminder Data in counties implementing these systems have significantly lowered Failure To Appear Rates

24 Public Opinion 80% Risk Assessment Instead of Cash Bail Bonds 60% 69% 40% 20% 0% 16% 12% 2% Support Undecided Oppose Don't Know Question: Some have proposed using risk based screening tools instead of cash bail bonds to determine whether defendants should be released from jail before trial. This risk assessment would take into account such factors as [drug use history, mental health, employment status, residency, and community ties] or [the charge in question, criminal history, any warrants or previous failures to appear for court]. Under this system, high risk defendants would be held in jail until trial and low risk defendants would be released with conditions and be monitored and supervised. Would you support or oppose this proposal to use risk assessment instead of cash bail bonds to determine whether defendants should be released from jail before trial, or are you undecided? [IF SUPPORT/OPPOSE] And do you feel that way strongly, or not so strongly?

25 Bail Funds What is a bail fund? How do they function? How can we get one started in our community? Examples: Bronx Freedom Fund Massachusetts Bail Fund

26 Pretrial Services, Bail Reform and Bail Funds Increasing Access to Justice Background 7/26/14 (2-3:30pm) The US has the highest incarceration rate in the world that disproportionately impacts poor and minority citizens. Its current criminal justice system presents with many inequities with one of the most serious being the practice of requiring money to gain pretrial release. Thousands of people are held in jail, although they have not been convicted of any crime, simply because they are too poor to post bail. The social work profession, particularly those in forensic work, is obligated by their professional values and ethics to address these issues of injustice. The current bail process in the United States, its statues, judicial process, and administrative practices, presents with many inequities which disproportionately impacts poor and minority citizens. This system places a monetary price on pretrial freedom which inherently favors those with economic resources and disadvantages low-income residents. Pretrial detention and the inability to post bail is one of the most defining aspects in the outcome of a criminal case. Defendants who spend their pretrial period in jail face worse outcomes than those who spend this period on the outside, often accepting pleas, regardless of their guilt. In addition, pretrial incarceration can result in loss of employment, housing, public benefits, and custody of children. In response to this situation, social workers have been involved throughout the country in developing bail funds and advocating for pretrial services. Pretrial release, whether through pretrial services or bail funds, are more cost effective and result in a decrease in recidivism as well as enhancing public safety. This workshop will - Present an overview of mass incarceration in the United States today - Review pretrial services and how it is being implemented in states throughout the country as a reform alternative to cash bail - Review how bail funds function and how they could be developed in your community. Specific examples of the Bronx Freedom Fund and the Massachusetts Bail Fund will be presented.

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