HomeMy WebLinkAbout02 Pre Trial Services PDF AGENDA ITEM SUMMARY
REGULAR MEETING DATE: November 9, 2016
AGENDA ITEM TITLE: Pre-Trial Services
STAFF RESPONSIBLE: Don Bird
ISSUE STATEMENT:
Pretrial detention and release is an area of Justice which in recent years has received much research
and review. The intersection of how the courts can safely release low risk offenders and provide for
community safety with high risk criminal offenders has been a focus for change. National and
statewide research has shown that the use of pretrial programming which accurately assesses the
criminal risks and prosocial strengths of those arrested and offers supervision driven by the risks and
needs of the offender has better outcomes than the ability to pay for a money bond alone. The
prompt release of low risk criminal offenders to maintain their employment, care for family
responsibilities, and not burden the jails unnecessarily is a goal of pretrial services. Assessing
correctly high risk offenders and putting in place reasonable requirements such as supervision in the
community and drug testing supports community safety. This knowledge is leading a shift from
financial ability to pay driving detention decisions to looking at risk level as the guide on when to
release and when to detain.
BACKGROUND:
In Pitkin County the Courts have historically had strong support from the community. Entities such
as The Right Door and Mindsprings Health have served parts of the pretrial needs of the court.
Statewide, courts have received support from the counties they serve in the form of pretrial service
programs created and funded under county agencies. In rural areas this need has largely gone
unserved which has led to some creative programs such as are presently found in Pitkin County.
In our district, our Chief Judge James Boyd has convened a Pretrial Board in response to Colorado
State House Bill 13-1236 for all three counties we represent and we have had many successes over
the last 2 years. Through the gracious funding of Garfield County we have created a staffed pretrial
program which assesses offenders in jail for better informed court decisions. We have additionally
created a court date reminder system which has reduced failures to appear for court by 50%. We are
now expanding to provide pretrial supervision, drug testing, and other services. We have also been
able to maintain the services which are now in jeopardy in Pitkin County.
Currently in Pitkin County Mindsprings Health is conducting an initial services assessment and
ongoing pretrial supervision of defendants before the court. They facilitate court ordered "contracts"
with offenders to address issues associated with their bond such as substance abuse monitoring.
They then attend court to update the court on the status of the offenders in relation to these court
ordered bond conditions. This program has been unfunded and Mindsprings Health has carried the
cost of this program. In recent months it appears this program is at risk, although Mindsprings
Health has guaranteed the program through the end of this year.
Additionally, this program lacks some components needed for positive pretrial outcomes such as
use of the Colorado Pretrial Assessment Tool (CPAT)which provides the court with critical
information for bond decisions. The application of the CPAT tool would ensure consistency
throughout the various courts of the 9th Judicial District. Additionally the use of phone call
reminders has been shown to reduce failures to appear(FTA) for court by 50% or more, which
reduces the number of warrants and unnecessary stays in jails. It is hoped that support from Pitkin
County will strengthen pretrial services and meet the communities needs for effective management
of detention and release.
LINK TO STRATEGIC PLAN: Livable and supportive community
KEY DISCUSSION ITEMS: Program mandated by State Legislature
Unfunded by state but funded in GARCO by GARCO BOCC.
The Pitkin County PTS program would be specifically designed for the Pitkin County criminal
justice system. This specific program needs PITCO funding
BUDGETARY IMPACT: This has yet to be determined.
RECOMMENDED BOCC ACTION: None at this time. The PTS program will return with a
budgetary request when figures are available.