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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.)