The Role of Crime Victims and Advocates in Pretrial Justice Reform

Transcription

1 The Role of Crime Victims and Advocates in Pretrial Justice Reform April 2, :00-3:30 pm ET You have logged on successfully! - All attendees have been muted. - Slides and the webcast from this webinar will be ed to all attendees after the session.

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3 This webinar is being audio cast via the speakers on your computer. If you would like to join using the phone, the call-in number can be found in the following places: - At the end of your registration - On the Event Info tab on the top left side of your screen.

4 Please submit questions using the chat feature Please remember to select Host, Presenter & Panelists

5 Presenters Anne Seymour, National Crime Victim Advocate (Moderator) Gregory J Donat Former Judge, Tippecanoe County, Indiana, Superior Court Aubree Cote - Pretrial Supervision Unit Supervisor, City and County of Denver Dianne Beer-Maxwell - Program Manager, International Association of Chiefs of Police (IACP) Chief David Porter - Chief of Police for Dewitt, IA, and chair of IACP s Victim Services Committee

6 Welcome to the Webinar During today s webinar, panelists will: Describe the core statutory rights of crime victims and survivors within pretrial justice Identify important victim assistance programs that provide support and services to crime survivors in the pretrial phase of their cases Describe important considerations for agency and crossagency policies that enhance individual and community safety throughout pretrial justice

7 Brief Fundamentals of Bail Gregory J Donat Former Judge Tippecanoe County, Indiana Superior Court

8 Brief Fundamentals of Bail Purpose of Bail Assure the offender s return to court Protect public safety Current System is Problematic Assumes that charge is equal to risk Fails to consider each individual arrestee s risk Posted money is not related to public safety Those with money or able to negotiate a deal with a bondsman are released without supervision

9 Impact of Current Bail System One-half of the highest risk defendants are released Many low and medium risk defendants remain in custody Pretrial detention of low and medium risk defendants increases their likelihood of recidivism (more victimization)

10 Pretrial Reform: Risk Assessment What it is: Data driven Research informed Objective aid to decision-making How does it work: Data sample is analyzed Identifies and weights most predictive factors Puts defendants into risk categories (low, medium, high) Improves predictability and reduces unintended bias What it isn t: A replacement for judicial discretion

11 Pretrial & Victims Rights Movements Common Ground Share important element of safety for victims/survivors, defendants and the community Pretrial period can be one of the points of greatest danger Two movements can bring respective knowledge, skills and evidence-based strategies to develop individualized terms of release that promote safety

12 Victim/Survivor and Advocate Input Safety concerns and recommendations to address them Reliable plan and conditions of supervision Comprehensive monitoring of potential risk

13 Defendants Appearance at Hearings Important predictor of future ability to comply with: Court orders and no contact orders Treatment plans Behavior modification

14 Understanding Defendants Failure to Appear Two types: Flight from jurisdiction Simple irresponsibility Most cases involve simple irresponsibility, which can be a reliable evaluation tool in developing case management and restitution plans

15 Increasing Appearance of Defendants at Pretrial Hearings GPS and electronic monitoring Supervision generates appearance Communication between court staff and pretrial staff with defendant increases appearance rate

16 Victims Rights Throughout the Pretrial Process Anne Seymour, National Crime Victim Advocate

17 Do Victims and Advocates Have a Role in Pretrial Processes? Brief discussion by all panelists Gregory J Donat Former Judge, Tippecanoe County, Indiana, Superior Court Aubree Cote - Pretrial Supervision Unit Supervisor, City and County of Denver Dianne Beer-Maxwell - Program Manager, International Association of Chiefs of Police Chief David Porter - Chief of Police for Dewitt, IA, and chair of IACP s Victim Services Committee

18 Victim Advocates Explain Pretrial Risk Assessment Risk-based bail decision-making: Allows for more informed decisions in the pretrial process. Improves public safety and saves costs to taxpayers Improves identification of potentially dangerous individuals or those likely to flee Allows those deemed eligible to return to families, jobs and communities while awaiting adjudication. State laws should allow for the detention (through due process) of those too risky to be released. Moving to risk assessment and pretrial supervision and monitoring requires the support of all those involved in the criminal justice system. Pretrial Justice Institute

19 Victims Pretrial Release Rights and Protections Timely Notification and Information About Alleged defendant s movement Alleged defendant s status Supervision and conditions National Conference of State Legislatures

20 Victim Notification Automated victim notification systems (SAVIN and VINE) provided by jails, including law enforcement secure detention facilities 24/7/365 In processes including phone, text and Multiple languages and TTY Capacity for victims to opt-in and opt-out at any time Information about victim notification (posters, brochures, etc.) readily available and visible at jails and their visiting rooms

21 Victim Information Overview of the pretrial process Victims rights within the process Referrals for crime victim compensation (in violent crime cases) Supervising agency and official(s) Whom to contact with any concerns or questions

22 Victim Safety (Again) information and input about release and conditions of supervision How to obtain protective orders Notification when protective orders are received by defendant Specific steps to take if/when unwanted contact occurs Safety planning (coordinated with pre-trial services and system- and community-based victim advocates) Shelter services Mental health services Legal services Victim advocacy available across the justice spectrum

23 Victim Participation and Appearance/Right to Be Present Coordination with victim advocates about victim/survivor wishes to participate: Attend Attend and actively participate Attend with support by victim advocate or other professional Refrain from attending but have representation by victim advocate or other professional

24 Crime Victim/Survivor Services GOAL: Increase capacity of pretrial agencies to refer victims to quality assistance System-based Services Law enforcement Prosecution Courts Probation Parole Corrections Appellate level Child protective services Adult protective services

25 Crime Victim/Survivor Services Community-based Services Rape crisis centers Domestic violence programs and shelters Children s advocacy centers MADD chapters POMC/homicide support groups Multi-faith-based victim services State and community victim assistance coalitions National toll-free information and referrals services Others (unique to communities and jurisdictions)

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27 THE DIVISION OF COMMUNITY CORRECTIONS IS COMPRISED OF THE FOLLOWING PROGRAMS: Community Corrections Board and Programs Electronic Monitoring Program Pretrial Services 27

28 PRETRIAL SERVICES PROGRAM Provides reports that assist with the bond setting decisions rendered by the Court for those arrested in the City and County of Denver. Two functions exists: 1. Investigation Unit is responsible for interviewing individuals booked into the jail, compiling criminal history, scoring risk assessment, and providing a Bond Advisement Report to the Court. 2. Supervision Unit is responsible to supervise individuals released from custody and ordered to pretrial services. 28

29 ASSESSMENT TOOLS CPAT The Colorado Pretrial Assessment Tool is an empirically validated multi-jurisdiction pretrial risk assessment instrument. ODARA The Ontario Domestic Assault Risk Assessment is an actuarial risk assessment that calculates how a man who has assaulted his female partner ranks among similar perpetrators with respect to risk and the likelihood of re assault. 29

30 DENVER CITY AND COUNTY PRETRIAL SMART TOOL FOR DOMESTIC VIOLENCE DEFENDANTS (SUPERVISION MATRIX ASSESSMENT & RECOMMENDATION TOOL) Primary Charge and CPAT Category F1 Perso n (VRA) F2 Perso n (VRA) F2 F3 Perso n (VRA) F3 DF 1 F4 Person (VRA) F4 DF2 F5- F6 DF3-4 M1-M3 DM1-2 Domestic Violence (Odara < 3) 5%-27% Recidivism Domestic Violence (Odara 4-6) 41%-59% Recidivis m Domestic Violence (Odara 7-13) 70% Recidivism Category 1 Score: 0 to 17 (87% Success) 91% Public Safety, 95% Court Appearance Category 2 Score: 18 to 37 (71% Success) 80% Public Safety, 85% Court Appearance Category 3 Score: 38 to 50 (58% Success) 69% Public Safety, 77% Court Appearance IntM Bas Bas Bas Adm Adm Adm Adm Adm Bas Enh IntM IntM Enh Enh Bas Bas Bas Adm Adm Adm Bas Enh IntM IntM Enh Enh Enh Enh Enh Bas Bas Bas Bas Enh IntM Category 4 Score: 51 to 82 (33% Success) 58% Public Safety, 51% Court Appearance IntM IntM Enh IntM Enh IntM Enh Enh Enh Enh IntM IntM Administrative (Adm) Basic (Bas) Enhanced (Enh) Intensive w/t Monitoring (IntM) Court Reminder Calls Court Reminder Calls Court Reminder Calls Court Reminder Calls Notification of new arrest Notification of new arrest Notification of new arrest Notification of new arrest Telephone check-in after court appearances Check-in physically after court appearances Telephone check ins as needed Check-in physically after court appearances Telephone check ins 1 to 4x per month (30 days) Check-in physically after court appearances Coordinate Telephone check ins in conjunction with case mgmt meetings Case Management meetings as needed Case Management meetings 1 to 2x per month (30 days) Case Management meetings 1 to 4x per month (30 days) Substance Testing if ordered Substance Testing if ordered Substance Testing if ordered Electronic Monitoring/Surveillance 30

31 ELECTRONIC MONITORING TECHNOLOGIES Radio Frequency (RF) Monitoring: Program staff will utilize the device to determine when an offender leaves and returns to the location of the base station. Global Positioning Satellite (GPS) Monitoring The Program currently utilizes this technology to monitor offender s location in near real time using GPS satellite technology. Transdermal Alcohol Monitoring The Program currently utilizes this device to measure ethanol emitted through the skin. 31

32 GPS ENHANCED MAPPING 32

33 WHAT MAKES THE CITY AND COUNTY OF DENVER PRETRIAL PROCESS UNIQUE? One law enforcement agency Both Municipal and State criminal charges Assistance is provided by three different victim advocate agencies Work directly with Prosecutors from both the City Attorney s Office and the District Attorney s Office. Possibility the filing of charges could result in a move from one Prosecutorial Agency to another 33

34 DOMESTIC VIOLENCE PRETRIAL SERVICES PROCESS Arrest of Defendant Initial City Attorney involvement Initial DPD Victim Assistance involvement Bond Setting Issuance MPO VAU/CA/DA involvement Release on Pretrial Supervision CA/DA involvement Supervision of Defendant Continuous CA/DA involvement Disposition of case or Removal of PTS 34

35 DENVER DISTRICT ATTORNEY S OFFICE Role in the pretrial services process: To provide ongoing victim information after first appearance on cases involving misdemeanor/felony charges to assist in in zone development for Defendants ordered to GPS monitoring. Supervision compliance information is provided directly to the District Attorney s Office for filing and action.

36 VICTIM ASSISTANCE UNIT-DENVER POLICE DEPARTMENT Role in the pretrial services process: To make initial contact with DV victims on felony/misdemeanor charges prior to bond setting to obtain information to assist in scoring the ODARA Tool. Provides victim information for the development of a MPO.

37 PROSECUTION UNIT-DENVER CITY ATTORNEY S OFFICE Role in the Pretrial Services Process: To make initial contact with DV victims on municipal charges prior to bond setting to obtain information to assist in scoring the ODARA Tool. Provides initial and ongoing victim information to assist in zone development for Defendants ordered to GPS monitoring. Supervision compliance information is provided directly to the City Attorney s Office for filing and action.

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40 CONCLUSION Use of evidence-based principles to determine the appropriate supervision Develop strong working relationship with supervision officers, victim advocates, court officials Continuous messaging to stakeholders Sensitivity to needs of victims Challenges with victim cooperation 40

41 Law Enforcement s Role in Supporting Victims Needs through Pretrial Justice Reform

42 Chief David Porter Dewitt, IA Chair of IACP s Victim Services Committee Dianne Beer-Maxwell Alexandria, VA Program Manager of IACP s Pretrial Reform Initiative

43 IACP s Pretrial Justice Reform Initiative Awareness and engagement among law enforcement leaders Champion group State-wide training resources Local issue resource mobilization

44 IACP s Victim Services Committee The mission of the Victim Services Committee is to be a catalyst for more effective victim-oriented policing strategies and practices, recognizing that there is a broad spectrum of victims, and that victimization takes many forms

45 7 Critical Needs of Victims Safety Support Protection from perpetrators and assistance in avoiding revictimization Assistance to enable participation in justice system processes and repair of harm Information Concise and useful information about justice system processes and victim services Access Opportunity to participate in justice system processes and obtain information and services Continuity Voice Justice Consistency in approaches and methods across agencies through all stages of the justice process Opportunities to speak out on specific case processing issues and larger policy questions Receiving the support necessary to heal and seeing that perpetrators are held accountable for their actions

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47 Law Enforcement s Role Use position of influence to highlight: Challenges to victim s needs in pretrial: Measuring risk Managing risk Preventing release of dangerous defendants Solutions that are victim-centric: Informed release/detain decisions Appropriate pretrial monitoring/supervision Preventive detention

48 Victim-Centered Approach Release on Recognizance Arrest & Booking Pretrial Release Assessment & Victim Testimony Initial Arraignment Appearance Release on Supervision Remain in Jail (no bond) Court Appearance Preliminary Hearing Notify Victim of Decision Victim statement should be considered in release determination

49 Summary of Briefing Paper A pretrial system that is victim-centric and just is possible More tools are needed to make informed decisions that are victimcentered Victim s could be safer if there were risk assessment and appropriate pretrial supervision and monitoring, compared to current system Law enforcement should partner with victim advocates to support evidence-based and victim-centered pretrial system reform

50 Lasting Partnerships Coordinated systemic response Focus on 7 critical needs of victims, starting with law enforcement point of contact and continuing throughout Educate all stakeholders about victims rights, needs and services Educate victim/survivors and those who serve them about pretrial processes Work together to improve victim and community safety and promote justice for all

51 IACP s Pretrial Justice Reform Initiative Chief David Porter Dewitt, IA dewittchief@gmtel.net Dianne Beer-Maxwell Alexandria, VA Maxwell@theiacp.org

52 National Criminal Justice Association The NCJA, based in Washington, DC, is a national voice in shaping and implementing criminal justice policy since its founding in 1971 and works to promote a balanced approach to communities' complex public safety and criminal and juvenile justice system problems. Pretrial Justice Reform Policy Guide for State Policy Makers Contact Carol C Poole cpoole@ncja.org

53 National Center for State Courts Pretrial Justice Center for Courts New Pretrial Justice Brief

54 Monday Mentoring Missives (MMM) Free weekly listserv that provides timely information and resources relevant to victims rights, services and funding Will continue to be a conduit on resources specific to pretrial processes and victims To join, send a BLANK to: MondayMissives-subscribe@yahoogroups.com

55 Q & A To submit questions for the presenters please use the chat feature on the right hand side of your screen. Please select Host and Presenter

56 Q & A Anne Seymour, National Crime Victim Advocate (Moderator) Gregory J Donat Former Judge, Tippecanoe County, Indiana, Superior Court Aubree Cote - Pretrial Supervision Unit Supervisor, City and County of Denver Dianne Beer-Maxwell - Program Manager, International Association of Chiefs of Police (IACP) Chief David Porter - Chief of Police for Dewitt, IA, and chair of IACP s Victim Services Committee

57 THANK YOU FOR JOINING US Today s slides and a recording of this webinar will be ed to all attendees and posted online: