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BUDGETARY ADVANTAGES OFPRETRIAL SERVICE PROGRAMS
Pretrial Services: A Primer for Budget Planners
Overview and Agenda
Exercise Legal Overview
National Data Review
Role of Pretrial Services
Law Enforcement Perspective
Win Win Exercise
Overview and Agenda
Exercise Legal Overview
National Data Review
Role of Pretrial Services
Law Enforcement Perspective
The period of time between arrest/citation and case adjudication is known as the pretrial stage. During this stage defendants enjoy certain inalienable rights as found in law. Legal rights that apply during the pretrial stage can be found in the Constitution of the United States, case law, and state and federal statutes.
Pretrial Stage of the Criminal Justice System
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 Law
6. Right to Bail that is Not Excessive
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)
Overview and Agenda
Exercise Legal Overview
National Data Review
Role of Pretrial Services
Law Enforcement Perspective
Growth in County Jail Populations
1982 1987 1992 1997 2002 20070
100000
200000
300000
400000
500000
600000
700000
800000
900000Jail Population: 1982-2007
Bureau of Justice Statistics: Annual Survey of Jails
FBI Uniform Crime Reports
Violent Crime Rate
1995 1997 1998 2001 2003 2005 2007 2009 20100
100
200
300
400
500
600
700
800
Violent Crime Rate
FBI Uniform Crime Reports
Property Crime Rate
1995 1997 1998 2001 2003 2005 2007 2009 20100
500
1000
1500
2000
2500
3000
3500
4000
4500
5000
Property Crime Rate
Growth in County Expenditures for Jails
1982 1987 1992 1997 2002 20070
5000000
10000000
15000000
20000000
25000000
30000000
County Jail Expenditures: 1982-2007
Bureau of Justice Statistics: Justice Expenditures and Employment in the United States
Jail Populations In Era of Economic Downturn
2005 2006 2007 2008 2009 2010 2011700000
710000
720000
730000
740000
750000
760000
770000
780000
790000
Jail Population: 2005-2011
Bureau of Justice Statistics: Annual Survey of Jails
Changing Characteristics of Jail Populations
1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2009 20100
100,000
200,000
300,000
400,000
500,000
600,000
Pretrial Detainee Population on June 30
Sentenced Population on June 30
Bureau of Justice Statistics: Annual Survey of Jails
Overview and Agenda
ExerciseLegal
Overview
National Data
Review
Role of Pretrial
Services
Law Enforcement
Perspective
PRETRIAL SERVICES FUNCTIONS
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.
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: Risk of flight Danger to the community
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.
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.
Number of Defendants Admitted to Pretrial in North Carolina
FY 07 FY 08 FY 09 FY 100
2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
7,776
14,74615,890 15,521
North Carolina Sentencing and Policy Advisory Commission: Compendium of Community Corrections Programs in North Carolina
Success Rates in North Carolina
FY 07 FY 08 FY 09 FY 1074%
76%
78%
80%
82%
84%
86%
80%79% 79%
85%
North Carolina Sentencing and Policy Advisory Commission: Compendium of Community Corrections Programs in North Carolina
Mecklenburg County Comparison of Pretrial and Secured Bond Success Rates
PretrialSecure Bond
64666870727476788082
82
70
FY 10
FY 10
Mecklenburg County: Bail Policy Review
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.
North Carolina Pretrial Cost Per Day/Per Participant
FY 07 FY 08 FY 09 FY10 FY 11$0.00
$10.00
$20.00
$30.00
$40.00
$50.00
$60.00
$70.00
Program Cost/Day Jail Cost/DayAdjusted Jail Cost/Day
North Carolina Sentencing and Policy Advisory Commission: Compendium of Community Corrections Programs in North Carolina
In FY 11, what was the cost benefit of Pretrial Services in North Carolina?
$1,359,209
Name That Savings
Overview and Agenda
ExerciseLegal
Overview
National Data
Review
Role of Pretrial
Services
Law Enforcement
Perspective
Law Enforcement Perspective
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.
Contact Information
Chief Kenneth Miller, Greensboro Police Department
[email protected] Raina Holliday, Pretrial Services Director,
Rockingham [email protected]
Jessica Ireland, Program Manager, Mecklenburg County Pretrial Services.
