DELAWARES PRETRIAL MODERNIZATION EFFORT Chief Magistrate Alan Davis January 6, 2018 Todays Topics History of Delawares Pretrial Reform Efforts Our Current System - Briefly Implementing Systemic Change History of Bail Reform Bail
Guidelines 1980s Revision of Bail Guidelines JRI Current Pretrial Initiative SMART Pretrial
Delaware Pretrial Modernization Effort Access to Justice Our Current System Delawares Pretrial System Arrest to Initial Appearances
Awaiting Trial Charge & Police Processing Pretrial Services Supervision Summons v. Arrest Fingerprint & ID Warrant processing Initial Presentment Informed of rights Initial bail set/conditions
Limited info & representation Preliminary Hearing (felony) 1st bail review Probable cause confirmation If released and ordered Standard and extra conditions Case Reviews Opportunity for bail review Trial
Held post-adjudication pending sentencing Sentencing Bail Decisions by Type (Actual) Type of Bail Cash-Only Secured Unsecured Own Recognizance Total
Number 9,772 19,596 31,886 Cases Percent 12.9% 25.8% 42.0% 14,658
75,912 19.3% 100.0% * Donnelly, Ellen and John MacDonald; Extension of Delaware Disparity Study: Assessing Bail Processes and Pretrial Decision-Making, March 2017 Bail Decisions by Type (Simple) Type of Bail Cases Number
Percent Money Required 29,368 38.7% Money NOT Required Total
46,544 75,912 61.3% 100.0% * Donnelly, Ellen and John MacDonald; Extension of Delaware Disparity Study: Assessing Bail Processes and Pretrial Decision-Making, March 2017 Detention Rates by Bail Type * Donnelly, Ellen and John MacDonald; Extension of Delaware Disparity Study: Assessing Bail Processes and Pretrial Decision-Making, March 2017
Release Rates by Bail Type * Donnelly, Ellen and John MacDonald; Extension of Delaware Disparity Study: Assessing Bail Processes and Pretrial Decision-Making, March 2017 Increase in 2-Year Recidivism Low Risk Defendants *Laura and John Arnold Foundation; Lowencamp, VanNostrand, Holsinger, The Hidden Costs of Detention. Case Outcomes
Overall Detained Released 67.45% 80.06% 60.59%*** 59.26 %
73.52% 51.50%*** 13.07% 26.94% 5.53%*** 555.99
701.81 169.52*** Conviction (%) Guilty Plea (%) Incarceration Sentence (%) Incarceration Sentence Length (in Days) Donnelly, Ellen and John MacDonald; Extension of Delaware Disparity Study: Assessing Bail Processes and Pretrial Decision-Making, March 2017
Delawares Detention Population A Snapshot 10/27/17 715 People Eligible for Release on Bail no other matters holding them How much? 75% - less than $100,000 59% - less than $50,000 43% - less than $20,000 20% - less than $5,000 Assuming 10% bail bond 144 people being held for want of $500 or less.
The Two-Part Problem We are holding people we intend to release. Those without financial means, often on low-level charges. We are releasing people we intend to hold. Those with access to money, who pose a real risk to public safety. Any system that consistently results in something other than what you reasonably intend is - by definition - a failure. Implementing Systemic
Change Characteristics Effective Pretrial Systems Share E n h a n c e d Risk Assessment
P Preventive Detention r e t r i a l S u p
Infusing Risk Assessment Into Every Level Of The Process Pretrial Assessment Tool Designed to statistically predict likelihood of Court appearance New criminal activity Built on and pretested using Delaware data.
Any prior convictions, Any prior misdemeanor arrests in past 2 years, Any prior probation supervision (post conviction), Age at first arrest (20 or 19), Any prior failures to appear, Any prior probation supervision (post conviction) in the past 10 years, 8. Total number of prior FTAs in the past year, 9. Current case alleges at least one charge of larceny or stolen vehicle. Initial Presentment Explored expanding use of summons.
Concluded we needed to improve current outcomes Exploring whether specific offenses are driving higher rates of pretrial failure. Created Draft Initial Presentment form Not a risk assessment Designed to provide as much information to magistrate Particularly to address cases alleging intimate partner violence Delaware 2015 Summons Only
Warrant & Summons Detention Rate 80% released 20% detained Represents 18% of all criminal arrests
33% failed to appear & 26% commit new offenses while released pretrial New Criminal Activity 24% arrested for NCA 76% no pretrial arrests Failure to Appear 22% failed to appear 78% appeared as directed Legislative Analysis Recommendations
for modifications to current statutes. HB 204 Emphasize individualized decisions; Use an empirically developed assessment tool; Redefine bail to mean pretrial release; Encourage release under appropriate conditions; Expand standing to petition the court to modify conditions; Increase possible sanctions for violations, Provide Pretrial Services with the authority in exigent circumstances to issue an administrative warrant for violations of conditions of release.
Up Next? In the Works Pilot and Implementation of DEL-PAT Updated Policy Directives Decision Making Framework
Initial Presentment Form Dashboard of Performance Indicators and Mission Critical Data Initial Presentment Finalizing initial presentment form, Working to involve law enforcement in pretrial decision process. Performance Outcomes Create pretrial dashboard
Report recommendations to improve pretrial data reporting capacity QUESTIONS? SUGGESTIONS? CONCERNS?
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