Proposed Study of Maine s Pretrial Process

1. Proposed Study of Maine’s Pretrial Process Corrections Alternatives Advisory Committee December 19, 2005 Presented by: Marie VanNostrand, Ph.D.

2. Background 55,714 persons arrested and either released or detained pending trial in 2004 Over 43,000 people were admitted into Maine County Jails in 2005 The Average Daily Population of the jails is nearly 1,700 60% of all county jail inmates are pending trial [a 20% increase over the past 20 years] The average length of stay for pretrial defendants in Maine County Jails is 65 days* * Needs further examination

3. Bail Decision Bail Decision - Definition (a) Whether to release a defendant into the community or detain them in a County Jail pending trial (b) If release is deemed appropriate, what conditions or combination of conditions should be placed on the defendant Bail decisions are the first assessment of risk in the criminal justice system and play a crucial role in the entire case process

4. Bail Decision Bail Decision – Purpose (a) To reasonably ensure the appearance of a defendant for all court proceedings (b) To reasonably ensure the integrity of the judicial process [e.g. no new criminal activity, victim or witness intimidation, other system interference] Bail decisions are made by Bail Commissioners & Judges with guidance from bail statutes

5. Bail Decision Bail Decisions have significant resource, community safety, and legal implications Financial: cost of incarceration pending trial Resources: jail space, system resources if a defendant fails to appear Community Safety: new crimes committed while defendant is released on bail Defendant Rights: uphold the presumption of innocence and the right to release under the least restrictive conditions – denial of liberty

6. Bail Decision There are over 55,000 Bail Decisions, assessment of pretrial risk and needs, made in Maine annually Community safety, defendant rights, integrity of the judicial process, and resource utilization must be considered and balanced when determining (a) Whether to release a defendant into the community or detain them in a County Jail pending trial (b) If release is deemed appropriate, what conditions or combination of conditions should be placed on the defendant

7. Bail Decision The most effective and efficient bail decisions, including pretrial risk and needs assessment, can have the following consequences: Significant annual cost savings – hundreds of thousands of dollars Long term cost avoidance – tens of millions of dollars [jail construction for example] Higher level of protection of the community and the citizens of Maine Protection of the presumption of innocence and the right to release under the least restrictive conditions

8. Study of Maine Pretrial Process Pretrial risk and needs assessment, bail determination, & case processing Profiles of arrested and detained populations Resources available to manage pretrial risk and needs

9. Study of Maine Pretrial Process Pretrial risk and needs assessment, bail determination, & case processing Training provided to Bail Commissioners and Judges Information available to Judicial Officers Bail decision making process Pretrial case processing

10. Study of Maine Pretrial Process Profiles of arrested and detained populations Profile of arrested population Profile of detained population Determine characteristics, risk and needs, posed by Maine pretrial defendants Profile will include current charge, criminal justice status, criminal history, residence, employment, substance abuse, mental & physical health, bail decision, days incarcerated pending trial

11. Study of Maine Pretrial Process Resources available to manage pretrial risk and needs Availability Quantity Quality Examples of programs and services that will be studied – pretrial services and supervision,diversion programs, specialty courts

12. Study Outcome Solid understanding of the current “as is” pretrial process Detailed knowledge of bail decision making practices, characteristics of the pretrial population, and the resources available to manage pretrial risk & needs Recommendations for system improvements and a “to be” process for the most effective and efficient pretrial process significant cost savings potential greater protection of our communities Improved utilization of scarce resources Higher level of protection of defendant rights