NEW ORLEANS PRETRIAL SERVICES OVERVIEW Pretrial services programs have been developed across the country to provide an empirical, objective, risk-based evaluation of defendants in connection with the decision to release or detain that defendant prior to trial. This is distinct from a diversion program which identifies appropriate individuals for pretrial release and eventual dismissal of the charges based on successful participation in treatment activities. Pretrial services programs utilize a validated risk assessment instrument that assesses the risk that a defendant will fail to appear or reoffend prior to trial. Use of a validated risk assessment instrument provides an assessment that is objective and has been shown to accurately predict the risk of failure to appear or re-offending. New Orleans Pretrial Services (NOPS) has been developed by a working group comprised of representatives from the Criminal District Court, the Clerk of Court, the District Attorney s Office, the Public Defender s Office, the Sheriff s Office, the Police Department, the Mayor s Office, and the City Council Criminal Justice Committee. NOPS staff will interview all defendants prior to their first appearance detention/release hearing, although initially funding will not allow for interviewing all defendants. NOPS staff will run the criminal history of all defendants through various resources including the FBI, state police, and NOPD databases. NOPS staff will contact third parties to verify information provided in the interview, particularly information on residence and employment. Information from the criminal background check, the interview, and the verification efforts will be used to complete the risk assessment instrument (RAI) and the interview report; additional relevant information will be noted on the report. The RAI and report will be provided to the Magistrate Judge or Commissioner at first appearance as well as the DA and defense attorney. The RAI designed for use in New Orleans is based upon validated instruments being used in other jurisdictions and will be validated for New Orleans after a period of use. The Magistrate Judge and Commissioners are not required to base their decisions on the risk category reflected in the RAI; they retain full discretion. The District Attorney and Public Defender will continue to have the opportunity to express an opinion and make recommendations to the Magistrate Judge and Commissioners regarding the appropriateness of release or detention and the conditions of release. The RAI and interview report will not be made part of the court record. NOPS staff will contact defendants to remind them of court appearances and can also assist the court in contacting defendants who have missed court dates to reschedule those appearances. With expanded funding, NOPS can directly provide additional supervision services such as daily or weekly reporting or case management, and can coordinate expanded services such as electronic monitoring currently provided by the Sheriff s office; compliance with pretrial conditions can be reported to the court as the case progresses.
NEW ORLEANS PRETRIAL SERVICES INTERVIEW REPORT Magistrate Number: Folder Number: Last Name First Middle Name on Arrest Report (if different) Age DOB Gender: M F Hispanic: Y N Race: B W As AI Other Primary Language English proficiency: Fluent Moderate Minimal Translator needed Y N Name of Translator: Interview Date: Interview Time: Location Current Charge Arrest Date: Arrest Time Arrest Charges: 1. 2. 3. 4. 5. 6. Type: Violent Bail Jumping Felony Firearm Domestic Violence Co-defendants on current charge: Current Hold/Warrant Agency Pending case: Arrest Charge Court Section Current Community Supervision Agency Restriction on ROR or PSBU (C.Cr.P. Art. 334.1; Art. 334.2) Eligible for early diversion screen Risk Assessment Score: Interviewer: Notes:
Residence/Family Verified By: Current Address: Street Apt.# City State Zip Lives with: How Long at Current Address: Can you return there: How long in area: Number of Children Children living in household Ages: Highest Grade Completed High School Degree GED Post secondary degree Prior U.S. Military Service Y N Type of Discharge: Community activities Friends/family/connections in the area Alternate Address if applicable: Can live there: Phone Number: Alternate Phone Number Relationship: Alternate Phone Number Relationship: Employment Verified By: Employed: Fulltime Part-time Odd Jobs Self-employed None Employer Name: Employer Address: Position: Length of Employment: Can return Hours/Week Avg. Monthly Pay from primary employment: $ Other Sources of Income: Total monthly income Length of Unemployment Yrs Mos Caregiver Relationship of those cared for: Number: Disabled Disability Benefits Retired Retirement Benefits Current Student School Fulltime Part-time Vocational Training Program Name of Program FT PT Treatment Program Name of Program 2
Substance Use On a scale of 1 to 5, how would you rate the problems substance use has caused for you in the recent past. 1 is no problem; 5 is a lot of problems Criminal History Summary Number of Prior Convictions: Felonies Misdemeanors Date of Most Recent: Number of Prior Violent Convictions Number of Prior Failures to Appear Prior Probation or Parole Prior Probation or Parole Revocations Prior Escape Conviction Violation of Protection Order Criminal Contempt Date of Most Recent Prior Arrest: Charge: Most recent release from incarceration Other Pertinent Facts 3
Criminal History Report Date of Conviction Jurisdiction Charge(s) Type F/M Sentence P/P Revocations 4
NEW ORLEANS PRETRIAL SERVICES RISK ASSESSMENT Name: Folder Number: Score 1. Primary Charge Category a. Misdemeanor (0) b. Felony (1) 2. Primary Charge Type (Score all that apply) a. Other (0) b. Violent Offense (1) c. Bail Jumping (1) d. Felony Firearm (1) 3. Pending Charge at Time of Arrest b. Yes (1) 4. Under Supervision (probation, EMP, drug court, etc.) at Time of Alleged Offense b. Yes (1) 5. Prior Probation or Parole Revocation or Escape Conviction b. Yes (2) 6. Misdemeanor Convictions in Last 12 Years a. 0 (0) b. 1-2 (1) c. 3 or more (2) 7. Felony Convictions in Last 12 Years a. 0 (0) b. 1 (1) c. 2-3 (3) d. 4 or more (5) 8. Prior Violent Conviction, Criminal Contempt or Conviction for Violation of Protective Order b. Yes (2) 9. Prior Failures to Appear a. 0-2 (0) b. 3 or more (1)
10. Employment Status Verified a. Employed full time (0) b. Full time caregiver (0) c. Disabled receiving benefits (0) d. Age 65 and retired (0) e. Full time student (0) f. Part time school or work (1) g. Unemployed for less than 3 months (1) h. Unemployed for more than 3 months (2) 11. Residence Status Verified a. Same residence 6 months or more (0) b. Current residence less than 6 months (1) c. No verifiable current residence (2) 12. Recent Substance Abuse a. 0-3 on 5 point scale (0) b. 4-5 on 5 point scale (1) Total Score Risk Category: Low (0-6) Moderate (7-15) High (16-23) Other Considerations: Release Decision of Court: Pretrial Specialist Date 2