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BUILDING AN EFFECTIVE PRETRIAL PROGRAM
PRESENTERS: Hon. Alan G. Davis Chief Magistrate Delaware Justice of the Peace Court Timothy J. Murray Director Emeritus Pretrial Justice Institute Raymond L. Billotte Judicial Branch Administrator Judicial Branch of Arizona in Maricopa County
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Judicial Leadership No one else can do it. Neutrality = credence.
Reform champion needs respect of all. Cede expertise when you need to.
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Laws, Rules, and Administrative Orders
Typically, stakeholders often have only a cursory familiarity with the laws governing pretrial decisions. Pretrial decisions are often based upon tradition and norms vs. strict adherence to prevailing legislation. Every stakeholder is responsible for faithfully following the law. In most instances, the law will provide a clear path to reform.
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Stakeholders Engagement
Include all internal and external entities Engage as early as possible Provide clear rationale Identify the risks Listen and communicate Reach agreement (even if it is agreeing NOT to agree)
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Resource Needs Don’t reinvent the wheel – what is currently being done at arrest, booking, jail classification, etc. that can support pretrial decision-making. Deploy existing resources with caution, even though the tasks are the same, the purposes and authority are not. Don’t wait for budget support that may never come, prove your case!
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Pretrial Population Know Your Pretrial Population
Why is this Important? Provides the base line from which the new pretrial program will be evaluated Demonstrates inconsistencies of a bail only system In Custody Pretrial vs. Post Adjudication Average Length of Stay By Charge Type By Bail Amount Released By Charge Type By Bail Amount
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Evidence Based Practices
Clear your workspace before you begin. Not all “evidence” has the same weight. Rely on the best science available. Data and the science guide decisions - not make them. Numbers tell you where to work, not how to make it work.
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Pretrial Intervention Rate Response to Defendant Conduct
Measure What Matters Outcome Appearance Rate Safety Rate Concurrence Rate Pretrial Detainee LOS Performance Universal Screening Pretrial Intervention Rate Recommendation Rate Response to Defendant Conduct
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Technology Solutions Tight budgets require creative solutions.
Automate processes RAI Summons Bail accounts
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Case Management Given limited resources, dispositions are the focus of most stakeholders. Bail often used to expedite dispositions, what happens if that’s taken away? Identify those eligible for Diversion, Specialty Courts, etc., ASAP. Track those not released and intervene.
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Education & Training Overall acceptance of the premise is first key.
Hit all your partners in the process. Fidelity to process needs to be absolute – train everyone. People like to know how they are doing.
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QUESTIONS?
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