Proposed Study of Maines Pretrial Process

1
Proposed Study of Maines Pretrial Process

• Corrections Alternatives Advisory Committee
• December 19, 2005
• Presented by Marie VanNostrand, Ph.D.

2
Background

• 55,714 persons arrested and either released or
  detained pending trial in 2004
  
• Over 43,000 people were admitted into Maine
  County Jails in 2005
  
• The Average Daily Population of the jails is
  nearly 1,700
  
• 60 of all county jail inmates are pending trial
  a 20 increase over the past 20 years
  
• The average length of stay for pretrial
  defendants in Maine County Jails is 65 days
  
• Needs further examination

3
Bail Decision

• Bail Decision - Definition
• (a) Whether to release a defendant into the
  community or detain them in a County Jail
  pending trial
  
• (b) If release is deemed appropriate, what
  conditions or combination of conditions should be
  placed on the defendant
  
• Bail decisions are the first assessment of risk
  in the criminal justice system and play a crucial
  role in the entire case process
  

4
Bail Decision

• Bail Decision Purpose
• (a) To reasonably ensure the appearance of a
  defendant for all court proceedings
  
• (b) To reasonably ensure the integrity of the
  judicial process e.g. no new criminal activity,
  victim or witness intimidation, other system
  interference
• Bail decisions are made by Bail Commissioners
  Judges with guidance from bail statutes

5
Bail Decision

• Bail Decisions have significant resource,
  community safety, and legal implications
  
• Financial cost of incarceration pending trial
• Resources jail space, system resources if a
  defendant fails to appear
  
• Community Safety new crimes committed while
  defendant is released on bail
  
• Defendant Rights uphold the presumption of
  innocence and the right to release under the
  least restrictive conditions denial of liberty
  

6
Bail Decision

• There are over 55,000 Bail Decisions, assessment
  of pretrial risk and needs, made in Maine
  annually
  
• Community safety, defendant rights, integrity of
  the judicial process, and resource utilization
  must be considered and balanced when determining
  
• (a) Whether to release a defendant into the
  community or detain them in a County Jail
  pending trial
  
• (b) If release is deemed appropriate, what
  conditions or combination of conditions should be
  placed on the defendant

7
Bail Decision

• The most effective and efficient bail decisions,
  including pretrial risk and needs assessment, can
  have the following consequences
  
• Significant annual cost savings hundreds of
  thousands of dollars
  
• Long term cost avoidance tens of millions of
  dollars jail construction for example
  
• Higher level of protection of the community and
  the citizens of Maine
  
• Protection of the presumption of innocence and
  the right to release under the least restrictive
  conditions

8
Study of Maine Pretrial Process

• Pretrial risk and needs assessment, bail
  determination, case processing
  
• Profiles of arrested and detained populations
• Resources available to manage pretrial risk and
  needs

9
Study of Maine Pretrial Process

• Pretrial risk and needs assessment, bail
  determination, case processing
  
• Training provided to Bail Commissioners and
  Judges
  
• Information available to Judicial Officers
• Bail decision making process
• Pretrial case processing

10
Study of Maine Pretrial Process

• Profiles of arrested and detained populations
• Profile of arrested population
• Profile of detained population
• Determine characteristics, risk and needs, posed
  by Maine pretrial defendants
  
• Profile will include current charge, criminal
  justice status, criminal history, residence,
  employment, substance abuse, mental physical
  health, bail decision, days incarcerated pending
  trial

11
Study of Maine Pretrial Process

• Resources available to manage pretrial risk and
  needs
  
• Availability
• Quantity
• Quality
• Examples of programs and services that will be
  studied pretrial services and
  supervision,diversion programs, specialty courts

12
Study Outcome

• Solid understanding of the current as is
  pretrial process
  
• Detailed knowledge of bail decision making
  practices, characteristics of the pretrial
  population, and the resources available to manage
  pretrial risk needs
• Recommendations for system improvements and a to
  be process for the most effective and efficient
  pretrial process
  
• significant cost savings potential
• greater protection of our communities
• Improved utilization of scarce resources
• Higher level of protection of defendant rights