Elwood York
Southeast Regional Director
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Bail Review Project –Chesterfield County, VA
Glen Peterson,
Director
Chesterfield County Community Corrections and Pretrial Services
The Chesterfield County Pretrial Services Program was recently advised they are receiving a NACO award from the National Association of Counties for taking an existing program service and going above and beyond the intent of service by introducing the bail review process, resulting in jail bed days saved reducing jail costs to the locality and releasing needed space for more serious offenders. The NACO award will be officially presented to Community Corrections Services –Pretrial Program by Chesterfield County Board of Supervisors on August 26, 2009.
The primary purpose of Chesterfield County Pretrial Services is to provide defendant background information and recommendations that will assist Judicial Officers in determining or reconsidering terms and conditions of bail and to provide supervised release on bail in lieu of secured bond. Pretrial supervision services are primarily targeted for persons for whom bail has been set but are detained in jail due to their inability to meet secured bond. Pretrial services are intended to replace the use of secured bond as a term of bail allowing the release of defendants from custody to supervision by a pretrial services agency with or without a secured bond. The intent is to increase the use of a non-secure bond as a term of release on bail and increase court appearance rate.
The Bail Review project takes service beyond the first appearance. Through the Bail Review Project, Pretrial Services identifies defendants that have already had an investigation conducted at first appearance and are appropriate candidates for release pending trial, but are still in jail for the sole reason of not being able to meet financial conditions of release. According to the Virginia Department of Criminal Justice Services, over 40% of the inmates held in jail in Virginia are pending trial. Often a defendant awaiting trial remains behind bars because they cannot afford to post bond. Many times the wait in jail for trial can exceed the sentence they would have received if they are found guilty.
The Bail Review Project conducts a review of all defendants detained after arraignment between 7 and 10 days following the initial investigation. Any defendant that has been in custody for over 10 days following arraignment are re-evaluated to determine if there is a change in circumstances favorable for release. Since May 2008, a total of 18 defendants have been identified whose circumstances had changed or they had served the maximum sentence for the charge for which they were being held. Of the 18 defendants identified, 6 defendants were released pending trial and all 6 appeared for trial.
News From Florida
Jeff Kilpatrick, MBA, CPM, CPSPPretrial Services Supervisor
Alachua County Department of Court Services
Two Florida Pretrial programs received their initial accreditation in June at the Florida Corrections Accreditation Commission (FCAC) Conference held in Bonita Springs.
Lee County Pretrial Services Department has a total of 37 employees under the direction of Director Scott Wilsker and Deputy Director Liza Maldonado. The current operational budget for Lee County Pretrial Services is $2,338,134; however, some of this money is recouped through cost of supervision fees collected from the Misdemeanor Diversion Program. The program services a population of 631,733. The department is comprised of four units which include: the Intake and Investigation Unit; the Pretrial Supervision Unit; the Case Management Unit; and the Diversion Unit. The assessors identified several exemplary policies, projects and procedures.
The Lee County Pretrial Services provides two vital services: Certificate of Compliance – The Lee County Pretrial Services Department entered into an inter-local agreement with the Lee County Sheriff’s Office as a result of the Jessica Lunsford and Anti-Murder Acts. In accordance with Administrative Order 3.9, dated November 7, 2007, Pretrial Officers check criminal history on all defendants booked into the Lee County Jail facility, researching pending charge status, probation status, high risk flags and criminal history. Defendants identified as a High Risk Sex Offender or Violent Felony Offender of Special Concern are held for First Appearance. Pretrial Officers also place a hold on defendants for First Appearance when there is a high flight risk or danger to the community.
Screening for Indigence – Pretrial Officers and clerical support handle all Applications for Criminal Indigent Status for defendants facing criminal charges in Lee County via an inter-local agreement with the Clerk of Court. Many defendants are screened while still in custody, but screenings also occur in court and at the Pretrial Services offices.
Miami Dade County Corrections and Rehabilitation Department Pretrial Services Bureau has a total of 60 employees under the direction of Director Tim Ryan and Commander Victoria Cox. The current operational budget for the Pretrial Services Bureau is $5,285,008. The program services a population of 2.4 million. The Pretrial Services Bureau is responsible for releasing and supervising offenders who qualify for non-financial custody release into the program by the presiding judge at bond (First Appearance) hearings. In addition, the Pretrial Services is represented at Domestic Violence Court and Drug Court. Offenders released into the program are supervised throughout the duration of their case, and are referred to various community-based treatment agencies depending on their needs and the nature of their charges.
The assessors identified the following as an exemplary project or goal of the Miami Dade Pretrial Services Bureau to have all the staff become Certified Pretrial Services Practitioners (CPSP). The Pretrial Services Bureau staff will apply to National Association of Pretrial Services Agencies (NAPSA) to obtain certification as CPSP. Currently this is the only nationally recognized Pretrial Certification Program of its kind in the United States. The certification program consists of various levels with increasing education, training and job requirements. Staff will obtain, and demonstrate, a basic understanding of the Pretrial Services movement and the history upon which it is based.