Evidence-Based-PreTrial-Release通过审前释放证据-课件.ppt

1、Kathy Waters,DirectorAdult Probation Services DivisionArizona Supreme CourtProtect the integrity of the court process Protect the publicProtect against punishment prior to conviction Sometimes called“standard bond”The predominant mechanism for assigning bail according to the National Pretrial Justic

2、e Survey “Effective bail decisions would foster the release of as many defendants as possible before trial,while maintaining suitably low failure to appear and re-arrest rates.”(John Goldkamp and Michael Gottfredson,Policy Guidelines for Bail:An Experiment in Court Reform.)“Economic status(is)a sign

3、ificant factor in determining whether a defendant is released pending trial,instead of such factors as risk of flight and threat to public safety.”“In short,for the poor,bail means jail.”Assist the court in making informed pretrial decisionsTo effectively supervise defendantsEnsure the defendants me

4、et courts obligationsProvide current research regarding evidence based pre-trial practices to courts in Arizona.Expand the use of validated research based risk assessments.These tools are objective,research based validated assessments that measure a defendants risk of flight and anticipated criminal

5、 conduct while on pretrial release pending adjudication.Allows for release without a monetary bond.What it isData driven Research informedObjective aid to decision makingUsed for decades in commerce Health,education,national security,etc.What it isntPerson-specificA replacement for judicial discreti

6、on AgeDistracted drivingPeer(s)in vehicle with driverLow driving skillsLow compliance with traffic lawsDrivers educationRestrict nighttime drivingProhibit peers as passengersStrict enforcement Seat belts,texting,etc.Not a linear relationshipWhat does this mean?Those who commit the most severe offens

7、es are not necessarily the highest risk of failure to appear or to commit new offenses while on pretrial supervisionOffense Severity alone,is not sufficient to predict pretrial risk12Statistically measures probability of success/failure of the two factors to consider for bail:Appearance in courtComm

8、unity safetyIn 2019 Pretrial risk assessment was legislatively mandated to preform a risk assessment for every criminal defendant in Kentucky.Kentucky has the only statewide pretrial services system in the nationOnly site where statewide pretrial data is available Overall Release rate:70%Non-financi

9、al release rate:66%Public safety rate:92%Appearance rate:91%Overall Release rate:85%Community safety rate:88%Appearance rate:88%Maricopa Sample June 1 to August 30,2019Assessed Risk CategoryFTANew chargeAny Pretrial Misconduct 1-Low6.0%1.5%7.1%2-Med Low12.1%3.6%12.4%3-Medium17.3%4.9%20.7%4-High28.5%

10、6.1%31.9%17Work with each jurisdiction to ensure evidence based pretrial practices are being followed.Determine how to promote establishment of pre-trial services in adult probation departments and the use of validated assessments.Establish a model for limited jurisdiction courts.Develop and deliver

11、 education programs for judges and probation staff through the Judicial Education Center.Program assistance will be offered by models from the Pre-Trial Justice Institute and the National Association of Pretrial Services Association.Question:Some have proposed using risk-based screening tools instea

12、d of cash bail bonds to determine whether defendants should be released from jail before trial.This risk assessment would take into account such factors as drug use history,mental health,employment status,residency,and community ties or the charge in question,criminal history,any warrants or previou

13、s failures to appear for court.Under this system,high-risk defendants would be held in jail until trial and low-risk defendants would be released with conditions and be monitored and supervised.Would you support or oppose this proposal to use risk assessment instead of cash bail bonds to determine w

14、hether defendants should be released from jail before trial,or are you undecided?IF SUPPORT/OPPOSE And do you feel that way strongly,or not-so strongly?Question:Im going to read you a list of terms used to describe the proposal of using risk-based screening tools to determine whether defendants shou

15、ld be released from jail before trial.For each term,tell me how effective you think it sounds when it comes to protecting public safety and ensuring appearance for trial:VERY effective,SOMEWHAT effective,NOT VERY effective,NOT effective AT ALL.If you dont know just say so and well move on.“Pretrial

16、risk assessment.”Question:Im going to read you a list of terms used to describe the proposal of using risk-based screening tools to determine whether defendants should be released from jail before trial.For each term,tell me how effective you think it sounds when it comes to protecting public safety

17、 and ensuring appearance for trial:VERY effective,SOMEWHAT effective,NOT VERY effective,NOT effective AT ALL.If you dont know just say so and well move on.“Pretrial risk assessment.”Question:Some have proposed using risk-based screening tools instead of cash bail bonds to determine whether defendant

18、s should be released from jail before trial.This risk assessment would take into account such factors as the nature of the offense in question,the suspects criminal history,as well as their employment,residency,drug use history and mental health.Under this system,high-risk defendants would be held in jail until trial and low-risk defendants would be released with conditions and be monitored and supervised.Do you think a system like the one proposed already exists?谢谢