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 Services

Piscataquis County Hancock County

Absence of T-30A Sec. 1659 Home Release

Androscoggin Aroostook Cumberland Hancock York Piscataquis

Outcomes and Savings

Volunteers of America

Bed Days Saved – 2007 PRETRIAL

Bed Days Saved – 2008 PRETRIAL

Bed Days Saved – 2007 (T-30A home release)

Bed Days Saved – 2008 (T-30A home release)

13, 440 14, 440 4,435 4,957

Avoided Costs*

$295,680 - $1,626,240

$317,680 - $1,747,240

$97,570- $536,635

$109,054 - $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 – 2007 PRETRIAL

Bed Days Saved – 2008 PRETRIAL

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

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

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

Avoided Costs*

$2,845,370 - $15,649,535

$2,798,774 - $15,393,257

$190,278 - $1,046,529

$323,576 - $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)

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

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

Longer Term Strategies/Recommendations (Cont.)