EAU CLAIRE COUNTY EVIDENCE BASED DECISION MAKING UNIVERSAL ASSESSMENT TOOL EBDM PROGRAM FOR UNIVERSAL UTILIZATION OF ASSESSMENT TOOLS The first of seven guiding principles for our EBDM Program is that assessment tools should be utilized to identify risk to re-offend, criminogenic needs and appropriate programming. The two assessment tools we will be utilizing in our EBDM Program are the Proxy and the COMPAS. These instruments will provide useful information in connection with arrest, charging, sentencing and probation supervision decisions. The specific use of these assessment tools is addressed in the discussion of our other four EBDM Programs. The one point which should be discussed at this juncture is how and why the Proxy will be completed for all individuals potentially subject to criminal arrest in Eau Claire County. We have agreed that law enforcement officers will complete a Proxy for all individuals who are cited, or in lieu of a citation referred to our Diversion Program, for a matter which could otherwise be criminal. The underlying conduct at issue will typically be Retail Theft, Possession of THC or Disorderly Conduct. Additionally, we have agreed that law enforcement officers will complete a Proxy for all individuals who are the subject of referrals to the District Attorney s Office for possible criminal prosecution. This will include arrested individuals, individuals who are ordered into court in connection with criminal charges and individuals who are the subject of an investigation which could result in the issuance of a summons and complaint or complaint and warrant. In instances in which a Proxy is inadvertently not completed by law enforcement, one will be completed by the diversion coordinator or intake staff in the District Attorney s Office. Proxy information will be utilized to determine the eligibility of some individuals for our Diversion Program and will be utilized by law enforcement officers making felony custodial arrest decisions. The COMPAS will be utilized by practitioners, judges and probation officers in connection with plea negotiation, sentencing and probation supervision matters. The bottom-line point regarding the purpose of the universal use of these assessment tools is to ensure that relevant decisions within our Criminal Justice System are guided by research-based information. GRW #1013573/sla 1 12.16.2011 A RESEARCH BASED CRIMINAL JUSTICE SYSTEM = LESS CRIME/FEWER VICTIMS EAU CLAIRE COUNTY, CRIMINAL JUSTICE COORDINATING COUNCIL
Eau Claire County Law Enforcement Proxy This is to be completed on all criminal arrests (in custody arrests, criminal referrals to the D.A., and for ordinance violations which would otherwise involve criminal behavior such as retail theft) Information on this form is self report and is not considered and official record Case #: Name: DOB: / (MO/YR) Gender: Male Female Officer: Agency: Offense: Offense: PROXY DATA Current Age: Age of First Arrest: In your LIFETIME -Include arrests, summons, and warrant for any criminal offense include criminal traffic Number of Prior Arrests: As an ADULT only - Arrests, summons, warrant for any criminal offense, this includes ordinance violations that would otherwise be a criminal offense (16-25) = 2 (26-35) = 1 Score. (36+) = 0 (0-17) = 2 (18-21) = 1 Score. (22+) = 0 (0-1) = 0 (2-4) = 1 Score. (5+) = 2 TOTAL Risk Level Classification Low Risk Medium Risk High Risk 0 1 2 3 4 5 6 National Proxy Norms (not calibrated) Percentage of Population 10% 10% 10% 10% 10% 10% 10% 10% 10% 10% Total PROXY sample (n=3085) 0 8% 1 12.2% 2 16.9% 3 21.4% 4 20.1% 5 13.4% 6 7.7% WHITE: DISTRICT ATTORNEY YELLOW: LAW ENFORCEMENT GOLDENROD: JAIL
Eau Claire County PROXY INTERNAL FLOW 2.3.2012 PROXY INTERNAL FLOW 1. Law Enforcement (Sheriff, Police Departments, University, and State Patrol) a. Initiates police contact and if criminal action is taken completes proxy *Law enforcement at the initial contact kick starts the proxy process for the criminal justice system. It is imperative law enforcement understand the global impact and use of the proxy tool. 2. Law Enforcement supervisory reviews proxy for adherence to standards. 3. Proxy form is law enforcement record and is attached to records management system of respective agency. 4. Proxy along with reports is forwarded to District Attorney's Office. 5. District Attorney's Office is the repository for Proxy Forms for criminal justice system. 6. Proxy form is utilized in the system in the following ways: a. Assists in determining bond b. Utilized in the diversion program c. Utilized to determine inmate housing based on proxy score. d. Based on the proxy score a compass assessment may be initiated e. Alternative justice system programs are utilizing proxy scores for determination of risk levels. (Transition center, community service, deferred acceptance of guilty plea, and intoxicated driver intervention program) 1 A Research based Criminal Justice System = Less Crime/fewer Victims Eau Claire County, CJCC
DECISIONMAKING MATRIX FOR LAW ENFORCEMENT OFFICERS INSTRUCTIONS FOR USING THE PROXY IN ARREST AND DETAIN DECISIONS: 1. Ask three questions of arrested person (see attached proxy worksheet). 2. Officers verify data by using a criminal history check, CCAP, jail records. 3. Officers complete proxy and derive a score that equates to low, medium or high risk. 4. Officers respond to arrested person in consideration of derived risk level (see below). Proxy Not required Uniformed Traffic Citations (Non- Criminal) Non-Criminal ordinance citations (Underage Drinking) No action taken by law enforcement Proxy Required 1. Ordinance citation that would otherwise be criminal (Disorderly conduct; retail theft etcetera.) 2. All criminal arrests to include traffic citations. 3. Referral of charges to the D.A. to include C/A) Extenuating circumstances when a proxy might not be done even if required: Uncooperative Individuals Technology issues (can t verify CCAP records because of poor signal) still complete Proxy based on self-report. Note issues in report. CCAP verification could be done with communication center or once you arrive at the jail. Major incident including multiple arrests in an emergency mode. Note issue in report. This should be exception not the rule. Offenses ALWAYS arrest 1. Domestic related violations (Mandatory arrest guidelines) 2. Crimes against person (Battery, sexual assault, use of a weapon etc.) 3. Most Felony violations 4. Crimes of terrorism When do to release after making arrest 1. Preamble for forfeiture and misdemeanor bail: All persons arrested for a violation of a state or municipal forfeiture shall be released from custody without a cash bond if either of the following exists : a. They have a valid Wisconsin driver s license or can show sufficient evidence of ties to the community. b. The arresting officer is otherwise satisfied that the accused will make future court appearances 2. Low risk score based on the Proxy with no other extenuating circumstances. When do we ALWAYS Arrest, Arrest and hold on BOND, HOLD until next court date 1. Most Felony violations 2. Domestic Abuse related violations 3. Preamble for forfeiture and misdemeanor bail: All persons arrested for a misdemeanor, including a misdemeanor traffic offense, shall be released from custody without a cash bond unless any of the follow exist a. The accused does not have proper identification b. The accused appears to represent a danger of harm to himself or herself, another person or property. c. The accused cannot show sufficient evidence of ties to the community. d. The accused has previously failed to appear in court or failed to respond to a citation. e. Arrest or further detention is necessary to carry out legitimate investigative action in accordance with law enforcement agency policy.
SUGGESTED OFFICER RESPONSE FOR ARRESTEES WITH LOW, MEDIUM AND HIGH RISK PROXY SCORES: RISK LEVEL LOW RISK MEDIUM RISK HIGH RISK VIOLATIONS/CRIMINAL BEHAVIOR/CRITERIA TO CONSIDER Ordinance violations that would otherwise be criminal (disorderly conduct; retail theft) All criminal arrests They have a valid Wisconsin driver s license or can show sufficient evidence of ties to the community. The arresting officer is otherwise satisfied that the accused will make future court appearances. Most Felony violations Domestic Abuse related violations The accused does not have proper identification The accused appears to represent a danger of harm to himself or herself, another person or property The accused cannot show sufficient evidence of ties to the community. The accused has previously failed to appear in court or failed to respond to a citation. Arrest or further detention is necessary to carry out legitimate investigative action in accordance with law enforcement agency policy. SUGGESTED RESPONSE Cite and release No arrest required based on facts of case Referral to District Attorney, if appropriate Referral to Probation and Parole Agent if appropriate Issue a criminal ordinance citation Arrest and order in to court Arrest and print & release from jail No arrest required based on facts of case Issue a criminal ordinance citation Arrest and order into court Arrest and print & release Arrest and hold for bond Arrest and hold in jail until next available court date Arrest and print & release Refer to the District Attorney s Office for charging consideration.