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BAIL REFORM LEGISLATION

& PRETRIAL STANDARDS


NYAPSA Presenters:
October 20 – 21, 2019 Robert Maccarone, Dep. Commissioner, DCJS
Jonathan Heller, Principal Probation Officer, Dutchess Co
Peter Kiers, Consultant & NYAPSA Director at Large
The law relating to bail was
changed significantly.
The discretion to set bail or impose
conditions of release has been
CHANGES TO severely limited.
THE CPL There are certain qualifying
offenses when police are not
required to release, but absent
those charges and circumstances,
a defendant must be released at
arrest for most misdemeanors and
non-violent felonies.
Allpersons charged with misdemeanors (except
sex offenses and DV contempt), non-violent
felonies, robbery in the second, and burglary in
the second, must be released on their own
recognizance unless it is demonstrated and the
court makes a determination that the principal
poses a risk of flight to avoid prosecution.
At the arrest phase, the statute mandates that
an arresting officer must issue a Desk
Appearance Ticket in all cases except those
where the arrest is for a Class A, B, C, or D
felony or some sex offenses, domestic violence
offenses, escape, and bail jumping.

WHAT’S DIFFERENT?
ThisDesk Appearance Ticket (DAT) allows
the defendant to be released and then
return to court on a preset arraignment
date.
Thisdate must be no more than 20 days
later, unless the defendant is participating in
a pre-arraignment diversion program that
requires more time.

WHAT’S DIFFERENT?
IMPACTS ON PRETRIAL SERVICES

 The law requires that the New York State Office of Court
Administration (OCA) will have oversight of the bail reform
process as it relates to pretrial services agencies in each
county.
 Either the court or its pretrial services agency must notify all
defendants released on recognizance or with non-monetary
conditions of court appearances by text, phone, email, or
first-class mail.
ELECTRONIC MONITORING

Electronic monitoring is allowed for 60


days (with an option to renew after a
subsequent court hearing)
 TwoStatewide Work Groups have
convened in Albany

STATEWIDE  Bail Implementation Task Force


Pretrial Standards: Board members
WORK GROUPS 
of the New York Association of
Pretrial Services, OPCA, OCA,
Probation Managers.
 Educateon statutory
requirements
BAIL  Provide
technical support and
IMPLEMENTATION data sharing
TASK FORCE  Assist OCA
 Assess reform’s impact
 TheDCJS Office of Probation and
PRETRIAL Correctional Alternatives has had a
SERVICES major role in development and
promulgation of Pretrial Services
STANDARDS Standards since the mid-1980’s.
 Thelast version of the New York State
Pretrial Release Services Standards
were released in 2007.
PRETRIAL  TheNew York State Pretrial Release
SERVICES Services Standards are consistent with
those Pretrial Standards set forth by the
STANDARDS National Association of Pretrial Service
Agencies (NAPSA) as well as the
American Bar Association (ABA )
 Thiswork group is tasked with refining
the existing Standards which will bring
consistency and best practice to all
Pretrial Programs in the state, in line
with the new bail statute.
PRETRIAL  The Office of Court Administration
SERVICES (OCA) will use these standards to
develop statewide guidance for
STANDARDS implementation and oversight.
 The DCJS Office of Probation and
Correctional Alternatives has a goal of
completing the Standards by
November 2019.
WHY STANDARDS?
What is the least restrictive?
Where will Pretrial participate?
a) Release on Recognizance
b) Supervision (levels?)
KEY PRINCIPLE: PRESUMPTION OF
RELEASE WITH LEAST RESTRICTIVE ,
NON-MONETARY CONDITIONS TO
ASSURE RETURN TO COURT
Having standards that everyone buys into will
allow jurisdictions to
a) Grow through program audits;
b) Help justify needs and funding;
c) Positively impacts administration, program
delivery, & data collection and program
reporting.

WHY IS IT IMPORTANT TO HAVE STANDARDS


THAT EVERYONE BUYS INTO?
Screening and Assessment
Verification

Notification

Supervision

Organization

FIVE KEY ITEMS IN LEGISLATION WHERE


STANDARDS CAN BE HELPFUL
Determine eligibility for
What is Screening? what?
What is the desired Universal Screening
type of screening?  Information, information,
What is needed to do information
screening?

IMPORTANT QUESTIONS ABOUT


SCREENING
 What is the importance
of a defendant
interview?  The court needs information to
complete arraignment process.
 Who should be
 There is a key unknown here!
interviewed?
 Questions that impact defendants
 What is a Risk
likelihood of compliance or
Assessment?
acting, e.g., as appearance at
 What is a “validated” court.
interview  An assessment is validated when
Statistical analysis is conducted to
determine which factors are
related to appearing in court.

WHAT IS RISK ASSESSMENT?


 Accuracy of data both immediately and for the future
 Notification
to family and answering questions about
arraignment process
 Useful information (meds, issues needing attention)
 Adds credibility to defendant-elicited information
 Enhances program ability to contact defendant

IS VERIFICATION NECESSARY?
Use Other jurisdiction where population seems
similar
Assessment is verified for that jurisdiction
Itis possible for jurisdictions come together
(region) Allows data to be collected for the
region.
Jurisdictionor region can have data collected
over a period and verified for their population.
WHAT HAPPENS IF YOU DON’T HAVE RISK
ASSESSMENT?
Objective measures -- standardized
criteria
Basingpredictions on past performances
reduces bias
Validated instrument predict group
responses

ASSESSMENT LEADS TO COURT REPORT


AND RECOMMENDATION
ORGANIZATIONAL STRUCTURE

Governance Structure
Appropriate Policies for staff
recruitment
Ability to function as an effective
entity
Risk Assessment
Universal Screening
(Validated?)

SCREENING AND SUPERVISION


 Robo calls, texts, letters
 Stress
is on Notification of
Upcoming Court  Help desk
Appearances
 FTA Unit

NOTIFICATION OF COURT APPEARANCES


ABILITY TO FUNCTION AS AN EFFECTIVE ENTITY
THIS IS THE CORE OF THE OPERATION

Goals for determining and


overseeing the least restrictive
means of supervision to assure
court appearance
A plan to develop, update &
accomplish goals for Program.
 Training (Judges, other criminal justice partners in addition to staff)

 Widen staff responsibility and services


 Manuals

 Financial Overview (Separate budget)


 Annual Report (Measuring performance)
 Policies for disabled & Disabilities
 Language barrier
 National Certification for Pretrial staff (NAPSA)

A PLAN TO DEVELOP, UPDATE & ACCOMPLISH


GOALS FOR PROGRAM
QUESTIONS?
PETER C. KIERS PKIERS@OPTONLINE.NET
JONATHAN HELLER JHELLER@DUTCHESSNY.GOV