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Pretrial & Diversion Focus Group

Pretrial & Diversion Focus Group. Presentation to the Board of Corrections January 6, 2009. Introduction. Summary of Work to date Recommendations of CAAC / Luminosity Reports. Background.

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Pretrial & Diversion Focus Group

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  1. Pretrial & Diversion Focus Group Presentation to the Board of Corrections January 6, 2009

  2. Introduction • Summary of Work to date • Recommendations of CAAC / Luminosity Reports

  3. Background • Majority of work in pretrial and diversion in Maine is contracted to Maine Pretrial Services, Inc. and Volunteers of America • DHHS/DOC Boundary Spanner program • Additional “in-house” work is provided by some counties

  4. Volunteers of America • Provides Pretrial and Post-Conviction supervision and case management in Sagadahoc, Lincoln, Waldo, and Penobscot Counties • Provides Alternative Sentencing programs -available to all counties- at two sites • Operate Women’s Re-entry center in Penobscot County • Other programming including cognitive groups, batterer’s programs, and transitional programs throughout the state

  5. Maine Pretrial Services, Inc • Provides services in 12 counties • 10 pretrial programs • 10 deferred disposition programs • 6 -Title 30-A Sec. 1659 (Home Release) programs – county funded • 6 Adult Drug Courts – state funded • 2 co-occurring courts – Federal grant funded

  6. Other In-House Programs

  7. Boundary Spanner Program • Collaboration of DOC and DHHS • 25 Intensive Case Managers across the state service county jails and DOC facilities • MOU with jails to provide services to offenders with major mental illness • Assist mentally ill offenders with diversion, referrals, and successful re-entry

  8. Absence of Pretrial Services Piscataquis County Hancock County Absence of T-30A Sec. 1659 Home Release Androscoggin Aroostook Cumberland Hancock York Piscataquis Note: Sites lacking capacity

  9. Outcomes and Savings

  10. Volunteers of America • *Bed days out times the marginal boarding rate of $22/day – to the per diem boarding rate of $121/day • *7.25 FTE staff serving these programs at estimated cost of $362,500

  11. Maine Pretrial Services, Inc. *Bed days out times the marginal boarding rate of $22/day – to the per diem boarding rate of $121/day *16 FTE staff serving these programs at estimated cost of $800,000

  12. VOA Outcomes 2007 2008 Pretrial Services Avg. Statewide Tech. Viol. Rate 13.25% 9.6% Avg. Statewide Crim. Viol. Rate 3.75% 6.15% T.30-A Home Release Avg. Statewide Tech. Viol. Rate 1.45% .9% Avg. Statewide Tech. Viol. Rate 0 <1%

  13. VOA Outcomes (Cont.) 2007 2008 Pretrial Clients Served 415 311 Failure to Appear Rate <1% 0

  14. Maine Pretrial Services, Inc. - Outcomes 2007 2008 Pretrial Services Avg. Statewide Tech. Viol. Rate 12% 14% Avg. Statewide Crim. Viol. Rate 5% 7% T.30-A Release Avg. Statewide Tech. Viol. Rate 2.7% <1% Avg. Statewide Tech. Viol. Rate <1% <1%

  15. Maine Pretrial Outcomes – Cont. 2007 2008 Pretrial Clients Served 1343 1441 Failure to Appear Rate 1% 1%

  16. VOA Alternative Sentencing Outcomes 2007 2008 Bed Days Saved 321 218 Cost Saved* $7062 - $38,841 $4796 - $26,378 Community Service hrs 9702 5901 (financial value (hrs x $10) ($97,020) ($59,010) *Bed days out times the marginal boarding rate of $22/day – to the per diem boarding rate of $121/day

  17. Androscoggin County – Alternative Sentencing Outcomes (No hard data available – the following is based on estimates) Est. Annual Clients Served : 175 (1st offender) 125 (2nd offender) Est. Bed Days Saved*: 525 1250 Cost Saved* $11,550 - $27,500 - $63,525 $151,250 *Bed days out times the marginal boarding rate of $22/day – to the per diem boarding rate of $121/day

  18. Short Term Recommendations

  19. 1. Data supports investment in Pretrial Services Capacity. • It has been demonstrated to save beds and reduce costs while offering a valuable service to defendants. • A pretrial position (est. $50k) saves approximately 10,950 bed days a year for a savings of between ($240,900 - $1,324,950) • Offenders released to pretrial supervision present a minimal risk of violating bail, committing new crimes under supervision, or failing to appear for court. • Position sharing between counties.

  20. 2. Look for space-sharing opportunities to reduce costs. • In some locations (i.e. York, Sagadahoc), jails provide space to subcontracted providers delivering pretrial/diversion services. • This reduces overhead costs.

  21. 3. Expand use of Title 30-A home release. • Change the statute to make it less restrictive. Making the statute more practical would likely encourage more widespread use of this option. • More work needs to be done to establish reasonable, risk-based standards regulated by policy rather than statute • Jails without early release programs should start them

  22. 4. Expand Alternative Sentencing Programming. • Alternative Sentencing saves beds, reduces costs and can actually generates revenue. • Diverts lower risk offenders from incarceration. • ASP would benefit from more frequent programming as delays discourage its use • Alternative sentencing for probation violators?

  23. 5. Require/support the creation of local Criminal Justice Coordinating Councils (statute) • Involving a court rep, DA, pretrial, probation, defense bar, jail administrators, and others. • Increase communication to deal with interagency issues. Ie. Creating “true” diversion programs • Resolving inefficiencies Ie. Transports, court scheduling conflicts • Promoting programs such as ASP (expanding to other crimes) • Forum for new ideas – ie PSW in lieu of fines

  24. 6. Require an annual report by jails to the BOC on CCA spending. • Create some accountability to ensure CCA dollars are spent on community corrections • Require annual reporting on outcomes by “in-house” or sub-contracted community corrections and pretrial programs, i.e. recidivism, bed days saved, etc.

  25. Longer Term Recommendations (beyond beds and bodies)

  26. Longer Term Strategies/Recommendations • Infrastructure for policy/ accountability/ uniformity • Improve upper-level collaboration between the judiciary, DA’s, county and state corrections around pretrial & diversion. • Continue to increase pretrial services and T. 30-A home release capacity • Adopt NAPSA and ABA standards for pretrial services • Regional or statewide contracting? • Evidence-Based Practices – Risk assessments

  27. Longer Term Strategies/Recommendations (Cont.) • Pretrial investigations for all • Make Title 30-A release less “crime-driven” and more “risk-driven” • Address duplication of efforts between Pretrial/Diversion agencies and DHHS boundary spanners • Service centers where programming could be offered for ASP, day reporting, probation violation units

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