Transcript Pretrial 101 Probation’s Second Cousin July 1, 2015 FACC Conference St. Petersburg   JOHN OLIVER VIDEO CLIP https://www.youtube.com/watch?v=IS5m wymTIJU.

Pretrial 101
Probation’s Second
Cousin
July 1, 2015
FACC Conference
St. Petersburg


JOHN OLIVER VIDEO CLIP
https://www.youtube.com/watch?v=IS5m
wymTIJU
Legal Lingo
Pretrial Release
Pretrial Supervision
Pretrial Diversion
Bail in America
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Expensive
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Unfair, Unsafe and Ineffective
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The American system of bail is
fundamentally incapable of doing the job
we expect from it.
Money Bail
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Those with money regardless of where
they got the money or their danger to the
community or victims – can purchase their
freedom while poor defendants remain in
jail pending their trial that sometimes can
be years
What does the future hold
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Nationally much interest in developing
pretrial programs
Implementation of Evidence Based
Practices
Arnold Foundation and the new Arnold
tool
Florida Statute 903.047
Conditions of Pretrial Release
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Pretrial release and detention… unless charged with a capital
offense or an offense punishable by life imprisonment and the proof
of guilt is evident or the presumption is great, every person charged
with a crime or violation of municipal or county ordinance shall be
entitled to pretrial release on reasonable conditions. If no
conditions of release can reasonably protect the community from
risk of physical harm to persons, assure the presence of the accused
at trial, or assure the integrity of the judicial process, the accused
may be detained.
Florida Statute 907.041

LEGISLATIVE INTENT… It is the policy of this state that persons
committing serious criminal offenses, posing a threat to the safety
of the community or the integrity of the judicial process, or failing to
appear at trial be detained upon arrest. However, persons found to
meet specified criteria shall be released under certain conditions
until proceedings are concluded and adjudication has been
determined. The Legislature finds that this policy of pretrial
detention and release will assure the detention of those persons
posing a threat to society while reducing the costs for incarceration
by releasing, until trial, those persons not considered a danger to
the community who meet certain criteria. It is the intent of the
Legislature that the primary consideration be the protection of the
community from risk of physical harm to persons.
Should everyone who is arrested
remain in jail?
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No …according to ………
Florida Rules of Criminal Procedures 3.131
and 3.132
Florida Statutes 903.047 and 907.41
Low risk offenders do not need high
security
If in custody - no jobs, no family support,
no taxes paid, higher jail populations
Solutions
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Pretrial Risk Assessments
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Pretrial Supervision and Monitoring
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Citation in lieu of arrest
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Elimination of Bond Schedule
Solutions (Continued)
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Screening of criminal cases by an
experienced prosecutor
Presence of defense counsel at initial
appearance
Collections & analysis of performance
measures
When did it all begin?
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Pretrial Services Programs were developed initially, in
the 1960’s to make our justice system more fair
Monetary bail remained the common mechanism for
releasing or detaining arrestees; it limited the decision to
release defendants to one primary factor: a defendant’s
ability to raise money.

From a policy perspective, decisions about detaining or
releasing defendants should balance the benefits of
release and the risk of flight or threat to public safety.
1951 Stack v. Boyle
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“The traditional right to freedom before
conviction permits the unhampered
preparation of a defense, and serves to
prevent the infliction of punishment prior
to conviction …Unless the right to bail
before trial is preserved, the presumption
of innocence, secured only after centuries
of struggle, would lose its meaning”
History of Pretrial Services
programs
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The establishment of the Vera Institute of Justice in
1961 marks the beginning of Pretrial Services Programs.
Goals were to set out to identify the issues surrounding
pretrial detainment.
Pretrial Services Programs use the information collected
to develop impartial recommendations in accordance
with statutes or identify options for the Court who
ultimately is responsible in making the appropriate
release/detention decision.
Two findings……
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Many people accused of committing
crimes remained in pretrial custody only
because they couldn’t pay a nominal bail.
If you were released on pretrial release
and had strong ties to the community, it
was very likely that you would appear for
court proceedings.
Manhattan Bail Project
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The Vera Institute created the 1st pretrial screening
program in the country .
The purpose was to assist judges in making informed
release decisions
Factors taken into consideration in the release
recommendation included:
 Defendants ties to the area,
 Employment status,
 Education
 Prior criminal history
How did it work?
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Investigations collected and presented
information to the court about newly arrested
defendants.
Advised the court of available release options
deciding what (if any) conditions are to be set
for defendants’ release prior to trial.
Community supervision during the pretrial period
to ensured compliance with release conditions
and reducing the rate of failures to appear.
Gatekeepers
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As a result , pretrial release programs have
assumed a larger role in jurisdictions, evolving
to comprehensive programs charged with
monitoring the entire system of release.
Pretrial services programs are the gatekeepers
for other alternative placements and are the first
criminal justice system players to assess and
identify the needs of a defendant.
Questions for Developing
Pretrial Continuum
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What are the risk reduction and/or population
management goals that the program is trying to
achieve?
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What existing data supports the program’s
effectiveness?
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Who is the targeted population?
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What resources are needed to implement the program
effectively, and to ensure that it is utilized?
Questions for Developing
Pretrial Continuum Continued
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To what terms of supervision will
defendants be subjected and how will they
be held accountable?
How will referrals be managed and how
will the program communicate to the
Court?
How will success be measured?
Outcomes & Measures
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Appearance Rate
Safety Rate
Concurrence Rate
Success Rate
Pretrial Detainee Length of Stay
Performance Measures
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Universal Screening
Recommendation Rate
Response to Defendant Conduct
Pretrial Intervention Rate
Mission Critical Data
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Number of Defendants Released by
Release Type and Condition
Caseload Ratio
Time from Nonfinancial Release Order to
Start of Pretrial Supervision
Time on Pretrial Supervision
Pretrial Detention Rate
Who operates a Pretrial
Services Programs
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All 94 districts in the Federal Court System
More than 300 localities now operate
pretrial services programs throughout the
United States.
Pretrial Justice
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Pretrial Services Programs can be a
valuable resource for making significant
improvements in the criminal justice
system because they are implemented in
the early stages of the in the CJ system.
Unnecessary detention before trial not
only results in unnecessary jail costs, it
also deprives defendant of their liberty as
well as the opportunity to contribute to
their defense.
Alternatives to Incarceration
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Pretrial Service Programs offer the court
alternatives to incarceration by offering a viable
option to manage defendants in the community.
Defendants and the community benefit because
they remain employed, pay taxes, support their
families, and are not a burden to the taxpayer
Additional services can identify and address the
defendants needs by treatment services
provided by community resources and not
available if incarcerated.
27 Florida Counties have pretrial programs
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In Florida – Where do pretrial programs operate?
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Sheriff
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BOCC
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Court Administration
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Private vendor
Triage for other Community –
based Supervision Programs
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Drug Courts
Mental Health Courts
DV Courts
Probation
Day Reporting Programs
Electronic Monitoring/GPS
Pretrial Diversion Courts
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Worthless Check Court
DWLSR Courts
Retail Theft Courts
Homeless Courts
Veterans Courts
DV Court
Accreditation
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Florida is the first state to offer Pretrial
Accreditation.
Standards developed by the Florida Corrections
Accreditation Commission (FCAC) and the
Association of Pretrial Professionals of Florida.
Currently undergoing 1st major rewrite
Currently undergoing inclusion for misdemeanor
probation programs
Certified Pretrial Services Practitioner
(CPSP) Certification
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The certification program created by NAPSA is
designed to advance the overall knowledge level
of practitioners in the pretrial field, and help
ensure that they are aware of the most current
information and best practices.
Achieving CPSP status involves qualifying in
occupational experience and education, passing
an examination, which deals with both general
legal , court issues and practices, and issues
specific to the pretrial area.
Citizens Right to Know
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2008 Legislative Session
Amended Florida Statute 907.043
Requires weekly reporting to the Clerk of
the Court for citizen review.
Requires annual report to the Clerk of the
Court, the Office of Program Policy and
Government Accountability (OPPAGA) and
the local governing body
Recidivism
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By definition – you can’t determine
recidivism for a pretrial defendant.
Pretrial is non-punitive in nature.
Recidivism is the act of repeating an
undesired behavior after receiving an
adjudication.
Defendants are merely accused of a
criminal act.
Why??
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Agencies looking to start a new pretrial
program nationally look at initially housing
within local probation
In the Federal system, Pretrial and
Probation are moving towards joint offices
with joint responsibility
Pretrial VS Probation
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Pretrial in-take appointment
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First Appearance Order or Bond Reduction
Order
Probation in-take appointment
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Judgment and Sentence
Questions??
References:
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Pretrial Justice Institute
 www.pretrial.org
National Association of Pretrial Services Agencies (NAPSA)
 www.napsa.org
Association of Pretrial Professionals of Florida (APPF)
 www.myappf.org
Professionals in Pretrial Services (PIPS)
www.pipsassociation.com
Florida Corrections Accreditation Commission (FCAC)
 www.flaccreditation.org
Presenter
Jeff Kilpatrick, MBA, CPM, CPSP
Program Supervisor
Alachua County Department of Court Services
Gainesville, Florida
(352) 338-7338
[email protected]
Who is in jail should be a public safety decision driven by risk, not a
business decision driven by profit