Pretrial Diversion Focus Group

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					   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
 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
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
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
Other In-House Programs
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
Note: Sites lacking capacity
Absence of Pretrial    Absence of T-30A Sec.
  Services               1659 Home Release

 Piscataquis County    Androscoggin
 Hancock County        Aroostook
                        Cumberland
                        Hancock
                        York
                        Piscataquis
Outcomes and Savings
     Volunteers of America

  Bed Days Saved –     Bed Days Saved –      Bed Days         Bed Days Saved
  2007 PRETRIAL        2008 PRETRIAL         Saved – 2007     – 2008 (T-30A
                                             (T-30A home      home release)
                                             release)
  13, 440              14, 440               4,435            4,957

  Avoided Costs*

  $295,680 -           $317,680 -            $97,570-         $109,054 -
  $1,626,240           $1,747,240            $536,635         $599,797


*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
   Maine Pretrial Services, Inc.

   Bed Days Saved     Bed Days Saved     Bed Days Saved     Bed Days Saved
   – 2007             – 2008             – 2007 (T-30A      – 2008 (T-30A
   PRETRIAL           PRETRIAL           early release)     early release)


   129,335            127,217            8,649              14,708

   Avoided Costs*
   $2,845,370 -       $2,798,774 -       $190,278 -         $323,576 -
   $15,649,535        $15,393,257        $1,046,529         $1,779,668


*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
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%
VOA Outcomes (Cont.)



                          2007   2008

Pretrial Clients Served   415    311

Failure to Appear Rate    <1%    0
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%
Maine Pretrial Outcomes – Cont.

                            2007   2008

Pretrial Clients Served     1343   1441

Failure to Appear Rate      1%     1%
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
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
Short Term Recommendations
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.
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.
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
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?
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
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.
Longer Term Recommendations
   (beyond beds and bodies)
   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
   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