Budgetary advantages of enhancing pretrial justice fin

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Budgetary advantages of enhancing pretrial justice fin

  1. 1. BUDGETARYADVANTAGES OFPRETRIAL SERVICEPROGRAMSPretrial Services: A Primer for Budget Planners
  2. 2. Overview and Agenda National Data Role of Pretrial Law Enforcement Exercise Legal Overview Review Services Perspective
  3. 3. Win Win Exercise
  4. 4. Overview and Agenda National Data Role of Pretrial Law Enforcement Exercise Legal Overview Review Services Perspective
  5. 5. Pretrial Stage of the CriminalJustice SystemThe period of time between arrest/citation and caseadjudication is known as the pretrial stage. During this stagedefendants enjoy certain inalienable rights as found in law.Legal rights that apply during the pretrial stage can be foundin the Constitution of the United States, case law, and stateand federal statutes.
  6. 6. Legal and Constitutional Rights1. Presumption of Innocence2. Right to Counsel3. Right Against Self- incrimination4. Right to Due Process of Law5. Right to Equal Protection Under the Law6. Right to Bail that is Not Excessive
  7. 7. Presumption of Release Unless a judicial official determines otherwise, it is presumed that the defendant will be released under one of the following conditions:  Written Promise to Appear  Unsecured Appearance Bond  Custody of a Designated Person  Secure Bond  House Arrest with Electronic Monitoring N.C.G.S 15A-534(b)
  8. 8. Overview and Agenda National Data Role of Pretrial Law Enforcement Exercise Legal Overview Review Services Perspective
  9. 9. Growth in County JailPopulations Jail Population: 1982-2007900000800000700000600000500000400000300000200000100000 0 1982 1987 1992 1997 2002 2007 Bureau of Justice Statistics: Annual Survey of Jails
  10. 10. Violent Crime Rate Violent Crime Rate800700600500400300200100 0 1995 1997 1998 2001 2003 2005 2007 2009 2010 FBI Uniform Crime Reports
  11. 11. Property Crime Rate Property Crime Rate500045004000350030002500200015001000 500 0 1995 1997 1998 2001 2003 2005 2007 2009 2010 FBI Uniform Crime Reports
  12. 12. Growth in County Expenditures forJails County Jail Expenditures: 1982-20073000000025000000200000001500000010000000 5000000 0 1982 1987 1992 1997 2002 2007Bureau of Justice Statistics: Justice Expenditures and Employment in the United States
  13. 13. Jail Populations In Era ofEconomic Downturn Jail Population: 2005-2011790000780000770000760000750000740000730000720000710000700000 2005 2006 2007 2008 2009 2010 2011 Bureau of Justice Statistics: Annual Survey of Jails
  14. 14. Changing Characteristics of JailPopulations600,000500,000400,000300,000200,000 Pretrial Detainee Population on June 30100,000 0 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2009 2010 Bureau of Justice Statistics: Annual Survey of Jails
  15. 15. Overview and Agenda National Data Role of Pretrial Law Enforcement Exercise Legal Overview Review Services Perspective
  16. 16. PRETRIAL SERVICESFUNCTIONS The National Association of Counties and the American Bar Association say that all counties should provide for several functions to facilitate pretrial justice, including:  Gathering information on all defendants who are in custody awaiting a bail setting hearing, including conducting a risk assessment.  Supervising defendants on pretrial release and reminding them of their upcoming court dates.
  17. 17. Gathering Information What is involved: Interviewing defendants for information about their residence and employment status, verifying the information provided, doing criminal history record checks, and conducting an individual assessment of risk each defendant poses in terms of:  Riskof flight  Danger to the community
  18. 18. Benefits Economic benefits: Judicial officers have the information they need to make informed decisions regarding pretrial release, meaning they are much more likely to order release, thus reducing jail costs.  Mecklenburg County, NC saw a 32% increase in non-financial bonds after the implementation of a revised bail policy and evidence based risk assessment with NO statistically significant increase in failure rates.
  19. 19. Supervision What is involved: Actively monitoring conditions of pretrial release imposed by the court. Conditions can include: reporting in on a regular basis, either by phone or in person, drug or alcohol testing, and electronic monitoring.
  20. 20. Number of Defendants Admitted to Pretrial in North Carolina 18,000 15,890 15,521 16,000 14,746 14,000 12,000 10,000 7,776 8,000 6,000 4,000 2,000 0 FY 07 FY 08 FY 09 FY 10North Carolina Sentencing and Policy Advisory Commission: Compendium of Community Corrections Programs in North Carolina
  21. 21. Success Rates in NorthCarolina86% 85%85%84%83%82%81% 80%80% 79% 79%79%78%77%76% FY 07 FY 08 FY 09 FY 10North Carolina Sentencing and Policy Advisory Commission: Compendium of Community Corrections Programs in North Carolina
  22. 22. Mecklenburg County Comparison of Pretrialand Secured Bond Success Rates FY 10 82858075 7070 Pretrial65 Secure Bond 60 FY 10 Pretrial Secure Bond Mecklenburg County: Bail Policy Review
  23. 23. Benefits Economic benefits: Defendants can be safely monitored in the community at a fraction of the cost of keeping them in jail. Savings can be used to fund other areas.
  24. 24. North Carolina Pretrial Cost Per Day/Per Participant$70.00$60.00$50.00$40.00$30.00$20.00$10.00 $0.00 FY 07 FY 08 FY 09 FY10 FY 11 Program Cost/Day Jail Cost/Day Adjusted Jail Cost/Day North Carolina Sentencing and Policy Advisory Commission: Compendium of Community Corrections Programs in North Carolina
  25. 25. Name That SavingsIn FY 11, what was the cost benefit of PretrialServices in North Carolina?$1,359,209
  26. 26. Overview and Agenda Law Legal National Data Role of Pretrial Exercise Enforcement Overview Review Services Perspective
  27. 27. Law Enforcement Perspective
  28. 28. Conclusion/Next Steps Government officials should look upon the use of jail beds the same as the health industry looks at the use of hospital beds – given the huge expense, as a last resort, only when all other less expensive options will not suffice. Consider utilizing other release means where appropriate.
  29. 29. Contact InformationChief Kenneth Miller, Greensboro Police DepartmentKen.Miller@greensboro-nc.gov Raina Holliday, Pretrial Services Director, Rockingham Countyrholliday@co.rockingham.nc.us Jessica Ireland, Program Manager, Mecklenburg County Pretrial Services.Jessica.Ireland@MecklenburgCountyNC.gov

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