SB 91 ACJC Pretrial Recommendations 1 4 Recommendations

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SB 91 ACJC Pretrial Recommendations (1 -4)

SB 91 ACJC Pretrial Recommendations (1 -4)

Recommendations 1. Expand the use of citations in place of arrest for lower-level nonviolent

Recommendations 1. Expand the use of citations in place of arrest for lower-level nonviolent offenses 2. Utilize risk-based decision-making 3. Implement pretrial supervision 4. Focus supervision resources on high-risk defendants

Citation vs. Arrest The Commission recommended expanding the use of citations in place of

Citation vs. Arrest The Commission recommended expanding the use of citations in place of arrest for lower level non-violent offenses. • 76% of pretrial admissions to prison are for misdemeanor charges. • 56% of pretrial admissions to prison are for non-violent misdemeanor charges.

Recommendations 1. Expand the use of citations in place of arrest for lower-level nonviolent

Recommendations 1. Expand the use of citations in place of arrest for lower-level nonviolent offenses 2. Utilize risk-based decision-making 3. Implement pretrial supervision 4. Focus supervision resources on high-risk defendants

Key Findings Prison Population by Status • 81% growth in the pretrial inmate population

Key Findings Prison Population by Status • 81% growth in the pretrial inmate population in the last decade • Half of pretrial defendants are detained on nonviolent charges, including misdemeanors. • Bail system tied to money, not to risk • 28% of the prison population is pretrial 22% Supervision Violator 50% Sentenced 28% Pretrial Supervision Violator Pretrial Sentenced

Defendants Staying Longer Pretrial Than They Used to Mean Length of Stay for Pretrial

Defendants Staying Longer Pretrial Than They Used to Mean Length of Stay for Pretrial Detainees, 2005 and 2014 (Days) 80 67 70 60 Days 50 40 44 34 30 24 16 20 10 10 6 9 0 Felony Violent Source: Alaska Dept. of Corrections Felony Nonviolent Misd. Violent 2005 2014 Misd. Nonviolent

Few Defendants Released On Their Own Recognizance • Less than half of sampled defendants

Few Defendants Released On Their Own Recognizance • Less than half of sampled defendants are released from prison pretrial. • Only 12% of defendants sampled were released on their own recognizance, and an additional 10% had unsecured bond. Percent of Sampled Defendants Released Pretrial Released 48% Not Released 52%

Release Linked to Ability to Pay Rather Than Risk • Release Linked to Ability

Release Linked to Ability to Pay Rather Than Risk • Release Linked to Ability to Pay Rather Than Defendant’s Risk • Pretrial risk assessment not used in decisions about whether to release or detain, or in setting conditions of release. • Because secured bond is ordered in the majority of cases, release is often linked to ability to pay rather than the defendant’s risk of pretrial failure. Percent of Sampled Defendants With Secured Bond Requirements 33% Secured Bond Not Required 67% Secured Bond Required

Monetary Bail Leads to Detention on Low Bond Amounts 41% of Bonds Set At

Monetary Bail Leads to Detention on Low Bond Amounts 41% of Bonds Set At $2, 500 or More Percentage of Sampled Defendants with Secured Bond Amounts, by Category 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% Under $500 -$999 $1, 000 -$2, 499 $2, 500+ Lower Release Rates For Higher Bond Amounts • Secured bail under $500: 36% unable to post bond. • Secured bail between $500 -$999: 57% unable to post bond. • Secured bail between $1, 000 -$2, 499: 62% unable to post bond. • Secured bail of $2, 500 or more: 66% unable to post bond.

Recommendations 1. Expand the use of citations in place of arrest for lower-level nonviolent

Recommendations 1. Expand the use of citations in place of arrest for lower-level nonviolent offenses 2. Utilize risk-based decision-making 3. Implement pretrial supervision 4. Focus supervision resources on high-risk defendants

Implement Pretrial Supervision • Minimal supervision with court date reminders • Basic supervision (in-office

Implement Pretrial Supervision • Minimal supervision with court date reminders • Basic supervision (in-office appointments, phone calls, field visits) • Enhanced supervision (higher frequency contacts, drug and alcohol testing, electronic monitoring) Research shows that enhanced supervision should be focused on those who are most likely to fail pretrial.