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Criminal Justice Coordinating Commission
Agenda for September 9, 2020
3:00 PM
Zoom Online Information Meeting ID: 910 803 2857
Zoom Link: https://zoom.us/j/9108032857 Zoom Call-in Number for participation by phone: (346)248-7799
1. Discussion and possible action regarding the recommendation of the Pretrial and
Indigent Defense Subcommittee for an additional Pretrial Bond Supervision Officer.
2. Update on COVID-19 impacts to the Criminal Justice System.
3. Update regarding the Cite and Divert Program.
4. Update regarding extending and modifying the Padilla pilot program.
5. Discussion and possible action regarding meetings times, locations and future topics for
discussion.
Pretrial Bond and Indigent Defense Subcommittee
Hays County Criminal Justice Coordinating Commission
Proposal for: Hays County Criminal Justice Coordinating Commission
FY2021
Request: Additional Funding for Pretrial Bond Supervision Officer
Submitted by: Pretrial and Indigent Defense Subcommittee
Date Submitted: September 9, 2020
Pretrial Bond and Indigent Defense Subcommittee
Hays County Criminal Justice Coordinating Commission
ABSTRACT
Background
During Fiscal Year 2016 with approval by Hays County Commissioners Court, the Hays Pretrial Bond
Program was implemented as a collaborative effort between Hays County and the Caldwell, Comal
and Hays County Community Supervision and Corrections Department (CSCD). A primary focus of
this effort was to identify defendants who were unable to bond out of Jail through the use of traditional
methods; and approve the defendant’s release with supervision provided by the CSCD. Primary
objectives of the Program included a reduction in costs related to housing defendants who met criteria
for supervision in the community; and the surety that the majority of defendants supervised would
appear in Court as directed.
Approach/Implementation
The CSCD established procedures for Bond Supervision including the use of an evidence-based risk
assessment designed to determine the risk level of defendants in custody. If a defendant met all
procedural criteria; and was identified as having a low risk to reoffend; and a high likelihood to appear
in Court as scheduled, a Magistrate is approached for approval of placing these defendants into the
Program.
During Calendar Year 2020, a Magistrate’s Office was initiated. Since its implementation, defendants
are being released as quickly as 24 hours from their placement into custody. Whereas, prior to the
creation of the Office of the Magistrate, release from jail took 3-5 days.
Findings/Conclusion
Data collected since the inception of the Program suggests the Program is accomplishing the
objectives of reducing the cost to house defendants in the Jail, and assurance that the defendants will
appear in Court as directed. At a minimum, the Program has saved the County $1.7 million. Of the
total number of defendants placed on Pretrial Bond through the end of Calendar Year 2019, only 50
defendants have failed to appear. This constitutes an 85.7% success rate. Additionally, comparison of
Calendar Years 2016 and thus far in 2020 show an 893% growth in caseload size. Caseload was 63 in
2016. As of the end of July 2020, the size is 626. Detailed data findings and analysis are presented in
the attached Proposal.
Request
In order to meet the increasing demands of the caseload, allow more caseload manageability, and
maintain viability; the Pretrial Services and Indigent Subcommittee is requesting additional funding
for the CSCD for the purpose of hiring an additional Officer to provide pretrial bond services.
Pretrial Bond and Indigent Defense Subcommittee
Hays County Criminal Justice Coordinating Commission
INTRODUCTION
The Pretrial and Indigent Defense Subcommittee of the Hays County Criminal Justice Coordinating
Commission is requesting an expansion of the Hays County Pretrial Bond Program housed under
the umbrella of the CSCD.
The purpose of the Pretrial Bond Officer is to monitor the County Jail Population and identify
offenders eligible for pretrial bond release supervision. The Target Population for the Pretrial Bond
Program is defendants who are unable to make bond through traditional methods (e.g., financial
based systems such as Bail Bond Companies).
The Pretrial Bond Officer is responsible to provide an information packet with all relevant case facts
to a Magistrate to assist in their decision of pretrial release of a defendant. When defendants are
released from custody and placed in this Program, supervision includes oversight of the Conditions
of Bond.
Responsible casework services are provided by the Officer to defendants supervised in this Program
through utilization of the CSCD’s Vision, Mission, and Core Values. Supervision includes but isn’t
limited to reporting to the Supervision Officer, testing for illicit substances, and referral to any
needed counseling services. There is prompt notification to the Court when Bond Conditions are
violated. Supervision is maintained until there is a final disposition of the defendant’s case or bond
supervision is terminated by other means.
Implementation of the Pretrial Bond Program / Present Funding Amount:
During Fiscal Year 2016, a Proposal requesting the creation of a Pretrial Bond Officer was provided
by the CSCD to the Hays County Commissioners Court. During April 2016, a Personal Bond
Contract between the two entities came into existence. Since the inception of the Program,
Commissioners Court has provided the CSCD with funds to operate the Program. Oversight of the
funds is managed by the Administrative Division of the CSCD.
Since the implementation of the Program, evidence-based risk assessments have been utilized by
Pretrial Bond Officers with defendants who meet the definition of the Target Population. If the
results of the assessment show the defendant does not have a high risk of committing further crimes
while waiting for final disposition of the pending case and has a high likelihood of appearing for
Court proceedings, the Officer approaches the Magistrate and requests approval for the defendant
to be supervised in the community.
Pretrial Bond and Indigent Defense Subcommittee
Hays County Criminal Justice Coordinating Commission
Additionally, the Pretrial Bond Officer monitors defendants who have a Condition of Bond as
ordered by the Court to report to the Officer while sentencing is pending. These cases are similar to
the Target Population, as they are defendants who are pending sentencing and require supervision
within the community. A difference is the defendant was not assessed by the Officer as meeting
criteria for pretrial services. Instead, it was an Order of the Court.
Oversight of the Officer providing services is provided by the CSCD – Deputy Director and
Supervisor of the Hays Division; and the CSCD Director.
FOUR YEAR SUMMARY OF THE PRETRIAL BOND PROGRAM (2016 – 2019)
The Tables below were constructed after a review of past Reports submitted by this Department to
Hays County Commissioner’s Court. Per Article 17.42 of the Code of Criminal Procedure, not later
than April 1 of each year, an Annual Report is prepared by the CSCD; and delivered to the
Commissioner’s Court outlining outcomes related to the operation of the Program.
Number of Defendants Supervised and Number of Defendants that Failed to Appear:
Outlines calendar years, the number of defendants supervised by Pretrial Bond Supervision and the
number of Failures to Appear for Court.
Number of Defendants Supervised and Number of Defendants Who Failed to Appear
Calendar Year
Officer Assessment / Court Approval
Court Order: Condition of Bond
Number of Defendants Failing to Appear in Court
2019 245 54 22
2018 152 30 10
2017 123 36 14
2016 42 21 6
TOTAL: 562 141 52
562141
52
0 100 200 300 400 500 600
NUMBER OF DEFENDANTS SUPERVISED VS. NUMBER OF DEFENANTS WHO
FAILED TO APPEAR (2016-2019)
Failure to Appear Condition of Bond Officer Assessment
Pretrial Bond and Indigent Defense Subcommittee
Hays County Criminal Justice Coordinating Commission
Cost Savings – Defendants Deemed Indigent / Low Risk to Reoffend:
Outlines estimated cost savings related only to those defendants who met criteria for the Target
Population and were authorized to be supervised in the community after an evidence- based risk
assessment was completed. This table does not include the number of defendants who were ordered
to be supervised in the community as a Condition of Bond (N = 141).
In order to calculate Cost Savings, the amount of $125.07 per day to house an inmate in the Hays
County Jail was used. The cost per day was provided by the Hays County Auditor's Office. The
numbers 30, 45, and 90 were used as the number of days a defendant could have been incarcerated
prior to final disposition, instead of being supervised in the community.
Cost Savings – Defendants Deemed Indigent / Low Risk to Reoffend
Calendar Year
No. of Defendants
30 Days (N x 30 x $71.27)
45 Days (N x 45 x $71.27)
90 Days (N x 90 x 71.27)
2019 191 $716,651.10 $1,074,976.65 $2,149,953.30
2018 122 $457,756.20 $686,634.30 $1,373,268.60
2017 87 $326,432.70 $489,649.05 $979,298.10
2016 63 $236,382.30 $354,573.45 $709,146.90
TOTAL 463 $1,737,222.30 $2,605,833.45 $5,211,666.90
Monies Collected from Defendants:
Outlines monies collected from those defendants who are supervised by Pretrial Bond Supervision.
Monies collected include fees paid to the County (no more than 3% of the Bond Amount) and
supervisory fees paid to the CSCD including the cost for the testing of urine specimen collection.
No. of Defendants
30 Days Jail
45 Days Jail
90 Days Jail
463
$1,737,222.30
$2,605,833.45
$5,211,666.90
COST SAVINGS – DEFENDANTS DEEMED INDIGENT / LOW RISK TO REOFFEND (2016 - 2019)
Pretrial Bond and Indigent Defense Subcommittee
Hays County Criminal Justice Coordinating Commission
Monies Collected from Defendants:
Calendar Year
No. of Defendants: Deemed Indigent
No. of Defendants: Order on Condition of Bond
Monies Collected
2019 245 54 $24,651.34
2018 152 30 $19,981.98
2017 123 36 $12,691.00
2016 42 21 $4,589.00
TOTAL: 562 141 $61,913.32
SUMMARY
In addition to providing a proactive direct alternative to costly incarceration, the defendant who is
released on Pretrial Bond Supervision is expected to be employed. When employed, a defendant has
the opportunity to support their dependents and is able to pay for costs of their supervision.
Through the end of December 2019, defendants participating in the Program have paid $61,913.32
for costs related to their supervision.
Calendar Year 2016 – Present:
Two primary purposes of this Program are to reduce overcrowding at the jail and assure defendants
will appear in Court as directed.
Since the inception of the Program, according to Annual Reports submitted to Commissioner’s
Court, using $125.07 per day as the cost to house an inmate at the County Jail, the amount of money
saved is estimated at $1,737,222.30 - $5,211,666.90. Via the Target Population and those with an
Order of Conditions of Bond, defendants have been supervised in the community instead of being
housed in the County Jail; and more than 85% of those defendants have appeared in Court as
directed. A cumulative total of all defendants monitored and/or supervised through the end of July
2020 is 1,330, with 626 of those cases coming from January 1, 2020 through July 31, 2020. A
comparison of Calendar Year 2016 and the number being supervised as of the writing of this report
shows an 893% growth in caseload size.
No. of Defendants
Monies Collected
703
$61,913.32
Monies Collected from Defendants (2011 - 2016)
No. of Defendants Monies Collected
Pretrial Bond and Indigent Defense Subcommittee
Hays County Criminal Justice Coordinating Commission
REQUEST
Beginning in Fiscal Year 2021 and for the purpose of hiring an additional Officer, the Pretrial and
Indigent Defense Subcommittee is requesting the Hays County Criminal Justice Coordinating
Commission to approve a request to Commissioner’s Court for an additional Pretrial Bond Officer.
With the additional officer, the Program will be afforded the opportunity to continue to provide
consistent, uniform, and quality services to the defendant who has been:
▪ Authorized for Pretrial Bond Supervision
▪ Ordered as a Condition of Bond to be supervised by this Department
Thank you for your consideration.
Modified Statement of Grant Award FY2020 Technical
Support Grant Grant Number: 19-TS-105 Grantee Name: Hays County Program Title: Regional Padilla Compliance Pilot Project Grant Period: 10/1/2019-9/30/2020 Grant Award: $342,720
The Texas Indigent Defense Commission (herein, the Commission) has awarded the above-referenced grant to Hays County (herein, the County) for indigent defense services. The authorized official named on the grant application must sign this Statement of Grant Award and return it to the Commission by September 30,2020. The grantee will not receive any grant funds until this notice is executed and returned to the Commission. Funding is provided as listed in the categories in the table below:
Direct Costs 1) Personnel - Salaries (FTEs: 0)2) Fringe Benefits3) Travel and Training4) Equipment5) Supplies6) Contract Services $326,400 7) Indirect Costs $16,320 Total Proposed Costs $342,720 Less County Match 0 Total Amount Funded by Commission $342,720
Standard Grant Conditions:
• The authorized official for the grantee accepts the grant award.• The authorized official, financial officer, and program director, referred to below as grant officials, must comply with the terms
of the grant as written in the Request for Applications issued in January 2019, including the rules and documents adopted byreference in the Commission’s Grant Rules in Title 1, Part 8, Chapter 173, Texas Administrative Code.
• The grant officials understand that a violation of any term of the grant may result in the Commission placing a temporary holdon grant funds, permanently de-obligating all or part of the grant funds, requiring reimbursement for funds already spent, orbarring the organization from receiving future grants.
• Disbursement of funds is always subject to the availability of funds.• The grant officials agree to follow the grant terms contained in the “Terms and Conditions” contained in Attachment A which
includes the final grant application.• Any indigent defense plan documents submitted to the Commission must continue to meet all grant eligibility requirements.• The judges hearing criminal and juvenile matters must amend the Indigent Defense Plan for their respective courts to include
the program funded under this award if necessary and submit it to the Commission by November 1, 2019.
------------3/31/2022
Hays County Technical Support Statement of Grant Award - Modified 8/27/2020 Page 1 of 9
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