Pretrial Justice: the move to Risk-Based Systems In the Context of Wisconsin Statutes

1. Pretrial Justice: the move to Risk-Based Systems In the Context of Wisconsin Statutes Presented by: Cherise Fanno Burdeen Timothy R. Schnacke 2013

2. Purpose of Today’s Session • Discuss criminal justice improvement generally • Discuss the evidence-based nature of TAD • Discuss “ways to scale up this program to expand the positive impacts of these pretrial justice programs throughout Wisconsin.” • Discuss Wisconsin as a “national model”

3. Me and Wisconsin . . .

4. Criminal Justice Coordinating Committees • Coordination • Cooperation • Data-driven policy process • System Management • System Improvements

5. CJ System Improvement • “A New Paradigm” • “The Justice System Can Do Better” • Other Systems Have Improved . . .

6. NIC Framework: • Things can be improved. • Improvement will come over time, through a succession of actions, each of which will provide the opportunity for learning. • Better than the status quo is, by definition, “better” and we should not wait to solve everything before beginning to improve some things. • We should be modest and realistic about our insights and abilities. • We need to do something, because in the absence of informed action, nothing will change. And we can learn as we proceed.

7. What TAD Tells Me Wisconsin was/is willing to look at the criminal justice system in a completely different way, using data and research (and EBP, according to the statute) to inform policy. • Mindset For Improvement • Education • Overcame Barriers • Willingness to Act • Success!

8. Pretrial Justice Mindset • Historically • Vera • Third generation mindset (data-driven, LEBP) “If we are to keep our democracy, there must be one commandment: Thou shalt not ration justice.” Judge Learned Hand

9. Pretrial Justice Education • History • Law • Terms and Phrases • Research • Best Practices Versus Actual Practices

10. Pretrial Justice Barriers • Constitution • Statutes • Outside Influences • Custom and Habit

11. And If You Act . . . Success! • “Promote public safety, reduce prison and jail populations, reduce prosecution and incarceration costs, reduce recidivism, and improve the welfare of participants’ families by meeting the comprehensive needs of participants.” • Plus – Uphold American notions of fairness and liberty, create rational and transparent pretrial justice processes, and serve as a model jurisdiction.

12. Does Wisconsin Need Pretrial Improvement? • TAD and other diversion provisions • All States Need: Statements of purpose/philosophy; terms and phrases; summons and citations v. warrants and arrests; $ for fees, costs, and restitution; time limits for first appearances; risk assessment v. older criteria • Detention practices – “$3 million cash bail” • Bail = $ • Other statutory provisions? • Best practice language missing? • Local improvements?

13. Conclusion • Justice Initiatives Institute Paper: “Recommit and build on Wisconsin’s longstanding stature as a national leader in effective justice policy.” • Wisconsin, more than any other state, has the potential to become the model American state for pretrial justice.

14. Contact Information: Cherise Fanno Burdeen Chief Operating Officer, Pretrial Justice Institute Email: cherise@pretrial.org Web: www.pretrial.org Timothy R. Schnacke Executive Director, Center for Legal and Evidence-Based Practices Email: timschnacke@earthlink.net Web: http://www.clebp.org