Garry Herceg Consultant Pretrial Justice Institute The Smart Pretrial Demonstration Initiative: Using A Smart Approach To Implement A Smart Change Garry Herceg Consultant Pretrial Justice Institute

Our Pretrial Challenge U.S. jail admissions doubled since ’83 Largest growth is in pretrial population People staying longer Wrong people in, wrong people out Poor performance and outcomes of the current 11 million arrests, 75% are misdemeanors and the felonies are mostly non-violent property or drug offenses Length of stay has increased from 14 to 23 days Poor, low risk people are being detained on bond amounts they cannot meet & Dangerous are using escape hatch When they are released, if they have stayed at least 8 days in your jail, their likelihood of committing new crime goes up 50% as long as 2 years later.

Old model – charge based and money based policies that produce poor outcomes and cause us anxiety New model – risk assessment, triaging of the right people into the right place for the right amount of time so we can produce better outcomes and a higher return on investment of resources

Since 2010… NACo American County Platform Private funders DOJ National Symposium on Pretrial Justice Legislation Colorado/Prop 102 California/AB 109 Justice Reinvestment (KY, DE)

Essence of Smart Pretrial Test cost savings and public safety enhancements through Pretrial risk assessment Risk management strategies Measuring pretrial outcomes of (1) court appearance and (2) public safety

What makes it “smart”? Use of empirical analysis/independent research and evidence-based practices Improve performance and effectiveness while containing costs BJA’s Smart Suite – Policing, Probation, Prosecution, Defense, and Pretrial

Smart Pretrial Goals Maximize public safety Maximize court appearance Maximize appropriate use of Release Release conditions Detention Public resources

Smart Pretrial Values Safety Fairness Effectiveness

7 Key Elements Early release by law enforcement of eligible defendants Assess every booked defendant for risk using empirically-derived risk assessment tool Early review of charges by seasoned prosecutor

Presence of defense counsel at initial bail hearing Release or detention of defendants informed by outcome of risk assessment and adversarial hearing Use of empirically-supported risk mitigation (e.g., court date reminders and risk-based supervision) Information sharing from pretrial to sentenced phases

Inaugural Smart Pretrial Sites Delaware City/County of Denver Yakima County, WA

1 Phase 1 - Planning Started October 1, 2014 Sites have a policy team and local site coordinator System assessment/vision Baseline data collection and Cost-benefit analysis System mapping Legal analysis Racial and ethnic disparities assessment Communications plan Implementation plan for Phase 2

Phase 2 - Implementation Implementation of action plan Make the planned changes to policy and practice Continued education, training, meetings Ongoing data collection Sites will advance to Phase 2 based on the quality of the work plan and the progress made during Phase 1 to codify agreements that allow for implementation. Sites must have BJA approval to move to Phase 2. Again, this is not time dependant and there is no automatic advancement based on time elapsed. Phase two will be the implementation phase, and the support structures put in place during Phase 1 will continue through Phase 2. Technical assistance will be provided to aid with successful implementation. Sites will be required to participate in ongoing educational opportunities, such as webinars, as well as a second cross-site meeting. Local policy teams will continue to meet regularly to review progress. Sites will continue to collect data and prepare quarterly reports to the researcher, and for use in the policy team meetings. In addition to the independent researcher, BJA is supporting an initiative communications strategy that will include documenting the process and progress of the initiative in a variety of ways, such as on-camera interviews with stakeholders. Sites will be required to participate in these documentation activities.

Phase 3 – Sustainability Continued implementation and data analysis Planning for post-initiative sustainment of change Development as learning sites Publications and possibly a Smart Pretrial Summit open to other interested parties BJA currently hopes to be able to fund sites for the third phase of this initiative. The technical assistance and training support is currently funded for all three years. Advancement to Phase three will require the submission of proposal for funding, and award will be determined on the successful implementation of activities in Phase 2. During Phase 3, BJA expects to support up to 2 of the sites to serve as learning sites, and will aid in the development of materials that would support the hosting of delegations from other jurisdictions.

www.Pretrial.org/SmartPretrial Email us at: mike@pretrial.org