PRETRIALSERVICES

IT’S COMING...

• FY 2001: project development/planning grant (9 months)

• FY 2002: project implementation grant for full operation

IT’S COMING...

• WHAT IS IT?• WHAT WILL IT MEAN TO OUR

CRIMINAL JUSTICE SYSTEM?• WHAT WILL IT MEAN TO MY

AGENCY?

WHAT IS IT?

• TWO COMPONENTS AND SOME OPTIONAL SERVICES

• PRETRIAL INVESTIGATION• PRETRIAL SUPERVISION

• TIMELY INVESTIGATION OF CONFINED AWAITING-TRIAL DEFENDANTS

• GATHERING OF INFORMATION AND VERIFICATION

• PRETRIAL REPORT WITH RECOMMENDATIONS TO COURT AT ARRAIGNMENT

PRETRIAL INVESTIGATION

PRETRIALINVESTIGATION

• IMPROVES BAIL DETERMINATIONS

• COMPLETE• VERIFIED• FAST

INFORMATION LIKE...

• RECORD OF CONVICTIONS• TIES TO THE COMMUNITY• RISK OF FLIGHT• RISK TO PUBLIC SAFETY• SUBSTANCE ABUSE SCREENING• EMPLOYMENT

NOT INFORMATION LIKE...

• QUESTIONS ABOUT THE ALLEGED OFFENSE

• WHICH MIGHT BE PERCEIVED AS SELF-INCRIMINATING

WHERE?

•AT THE JAIL

WHERE ELSE ?

•THROUGH THE USE OF VIDEO CONFERENCING EQUIPMENT

RECOMMENDATION/REPORT

• NOT PERMITTED TO RECOMMEND PRETRIAL SUPERVISION AND A SECURE BOND

• TARGET POPULATION: ELIGIBLE FOR RELEASE BUT NOT ABLE TO MEET THE CONDITIONS OF A SECURE BOND

RECOMMENDATION….

• Signed promise to appear (ROR)• Release to custody and

supervision of program• Pretrial supervision and

unsecured bond• Unsecured bond• Reduced secure bond• Same bond• Continued pretrial detention

MUST THE COURT HONOR RECOMMENDATION?

•No•But regular failure to do so

indicates a lack of confidence in and support of the program

EXPEDITING THE PROCESS...

•DAILY ARRAIGNMENTS AMONG GENERAL DISTRICT COURTS (GDC AND JDR)

PRETRIAL SUPERVISION

• Defendant is investigated• Report recommends pretrial

supervision• Court agrees with the

recommendation• What now?

PRETRIAL SUPERVISION

• PROVIDING SUPERVISION OF DEFENDANTS RELEASED TO THE PROGRAM AWAITING TRIAL

CONDITIONS INCLUDE…

•STANDARD CONDITIONS OF BAIL

•SPECIAL CONDITIONS OF BAIL (CURFEW, ALCOHOL ABSTINENCE, PROTECTIVE ORDERS)

•DRUG SCREENING

PRETRIAL SUPERVISION

•REPORTING VIOLATIONS TO THE COURT

PRETRIAL SUPERVISION

• REQUEST A WARRANT/CAPIAS FOR SERIOUS VIOLATIONS

• RISK TO PUBLIC SAFETY• PROBABLE FAILURE TO APPEAR

PRETRIAL SUPERVISION

•ENSURING DEFENDANTS APPEAR FOR SCHEDULED COURT DATES

OPTIONAL SERVICES

•ASSIST COURT WITH INDIGENCY VERIFICATIONS

WHAT WILL THIS MEAN

FOR MY AGENCY??

PRETRIAL SERVICES FOR J&DR?

•YES...•FOR ADULT DEFENDANTS•HELPS MONITOR PROTECTIVE ORDERS

•CROSS-COURT ARRAIGNMENT CRITICAL

PRETRIAL SERVICES FORRAPPAHANNOCK?

•MAYBE...•TARGET POPULATION VERY

LIMITED•DIRECT PLACEMENTS BY

JUDGES AND MAGISTRATES ONLY?

•SUPERVISION W/O SECURE BOND

COURTS

• Better-informed bail decisions• Alternative to pretrial detention• Pretrial success indicative of post-

trial success

• New procedures• Slight learning curve• Agreement for cross-court

arraignments

MAGISTRATES

• May make direct placements into the program as in Loudoun (w/o secure bond)

• New procedures• Slight learning curve• More communication with ACS

PROSECUTORS

• Accurate defendant investigation and background

• Intensive monitoring of defendant

• Familiarize with new procedures

JAIL

• Reduced population• Reduced general costs• Reduced transport costs

• Information sharing• Staff coordination for interviews• Video conferencing• No transport prior to initial appearance

in district court

ACS

• New division• Project implementation/planning• New staff• Additional space• Policies and procedures• System coordination

OUR CRIMINAL JUSTICE SYSTEM

• More services and alternatives• Reduced public cost• Greater offender accountability

OUR CRIMINAL JUSTICE SYSTEM

• COOPERATION• COORDINATION• PATIENCE