The Least Known and Most Misunderstood Critical Components of the Criminal Justice System: Pretrial

1
The Least Known and Most Misunderstood Critical
Components of the Criminal Justice System
Pretrial Services Local Probation

• Presented by
• Dan Catley
• Department of Criminal Justice Services

2
Purpose of Pretrial Services

• Assist judicial officers in discharging their
  duties pursuant to Article 1 ( 19.2-119 et seq.)
  of Chapter 9 of Title 19.2

• Provide for use by judicial
  officers in determining the risk to public safety
  and the assurance of appearance

better information and
services
3
Purpose of Pretrial Services

• Improves the criminal justice system

• Enhances public safety

• Protects the presumption of innocence

• Expedites court case processing

• Efficient management of jail space

• Effective utilization of community resources

• Assures fairness in making bail decisions

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Purpose of Pretrial Services

• Better Information Services

• Formal pretrial investigation report with record
  
• of convictions

• An assessment of risk VPRAI with factors
• contributing to risk

• Recommendation for term and conditions of
• bail based on facts and factual conclusions

• Provide more effective protection of society
• through supervised release

5
Pretrial Services Nationally

• According to the Pretrial Services Resource
  Center

• 39 States have pretrial services agencies
• serving local criminal justice systems

6
Pretrial Services Nationally

• The National Association of Pretrial Services
  Agencies Standards

should have the services
of a pretrial services agency or program to help

of the laws governing pretrial
release. The pretrial services agency or program
should
in making release/detention
decisions, provide supervisory services in cases
involving released defendants
Every jurisdiction
ensure equal, timely, and just administration
provide information to assist the court
7
Pretrial Services Nationally

• The American Bar Association

Pretrial services agencies and programs


by assisting the
court in making prompt, fair, and effective
release/detention decisions, and by supervising
released defendants to minimize risks of flight
and risks to the safety of the community and to
individual persons..
perform functions that are
critical to the effective operation of local
criminal justice systems
8
Target Population

• who are pending trial
  or hearing

Held in custody

• Charged with a , other
  than one
• punishable by death

criminal offense

• Age 18 or over or, if under the age of 18,
• as adults

have
been transferred for trial
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Granting or Reconsidering Bail

• Stack v. Boyle

. the spirit of the procedure is to enable
them to stay out of jail until trial has found
them guilty. Without this conditional privilege,
even those wrongly accused are punished by a
period of imprisonment while awaiting trial and
are handicapped in consulting counsel, searching
for evidence and witnesses, and preparing a
defense.
The practice of admission to bail, as it has
evolved in Anglo-American law, is not a device
for keeping persons in jail . until it is found
convenient to give them a trial.
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Granting or Reconsidering Bail

• Granting or reconsidering bail will be the
• most important decision that you will make
• in the case of a defendant

• It will influence the presumption of his
• innocence and the final outcome

11
Granting or Reconsidering Bail

• When granting or reconsidering bail, consider the
  following as factors supporting release

• 19.2-121 Terms of bail will be reasonably
  fixed to
• assure the appearance of the accused and to
  assure
• his good behavior pending trial

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Considerations

• The nature and circumstances of the offense

• Whether a firearm is alleged to have been used
• in the offense

• The weight of the evidence

13
Considerations

• Stack v. Boyle

Like the ancient practice of securing oaths of
responsible persons to stand as sureties for the
accused, the modern practice requiring a bail
bond or the deposit of a sum of money subject to
forfeiture serves as additional assurance of the
presence of the accused.
14
Considerations

• The availability and use of Pretrial Services as
  a
• term of bail can be viewed as a return to
  the
• ancient practice of securing oaths of
  responsible
• persons to stand as sureties for the accused

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Term Conditions of Bail
Term Conditions of Bail

• 19.2-123 Release of accused on secured or
  unsecured bond or promise to appear conditions
  of release.

Conditions of Bail what an accused must do while
on bail
Terms of Bail what is necessary for the release
from custody
16
Expediting the Release

• Consider for initial
  appearance and bail reconsideration hearings in
  first available court for those in custody in the
  jail that serves localities within the same
  judicial district and circuit

cross arraignment
17
Expediting the Release

• 19.2-158. When person not free on bail shall be
  informed of right to counsel and amount of bail

• If the court not of record sits on a day prior
  to the scheduled sitting of the court which
  issued process, the person shall be brought
  before the court not of record.

18
Expediting the Release

• 19.2-131. Bail for person held in jurisdiction
  other than that of trial

In any case in which a person charged with an
offense is held in a jail in a locality other
than that which he is to be triedhe may be
admitted to bail by any judicial officer of the
county or city in which he is so held
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Expediting the Release

• 19.2-123. Accused shall be released
• forthwith upon satisfaction of the terms of
• recognizance

• Requiring a secured bond and release to the
• custody and supervision of a pretrial
  services
• agency will delay release

20
Excessive Bail

• When is bail excessive?

the fixing of bail

for the purpose of assuring the
presence of that defendant. Stack
v. Boyle
for any individual defendant
must be based upon standards relevant
21
Right to Appeal

• 19.2-124

the person may appeal there from successively
to the next higher court or judge thereof, up to
and including the Supreme Court of Virginia or
any justice thereof where permitted by law
22
What is Risk?

• Stack v. Boyle

always involves risk
Admission to bail
that the accused will take flight. That is a
calculated risk which the law takes as a price of
our system of justice.
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What is Risk?

• 19.2-121. Fixing terms of bail

assure
will be reasonably fixed to the
appearance of the accused and to his
good behavior pending trial.
assure
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What is Risk?

• 19.2-120

A person who is held in custody pending trial
shall be admitted to bail by a judicial officer,
unless there is probable cause to believe that

• He will not appear for trial or hearing or at
• such other time and place as may be directed

• His liberty will constitute an unreasonable
• danger to himself or the public.

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VPRAI
26
VPRAI
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Appropriate Placement to Pretrial Services

• Defendant released from confinement solely
• to custody and supervision of Pretrial
  Services
• agency

• Any adult person residing in Virginia counties
  
• and cities with a Pretrial Services agency

• Not an out-of-state resident

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Purpose of Local Community-Based Probation
Services

• To provide the judicial system with sentencing
• alternatives for certain misdemeanants or
  persons
• convicted of felonies that are not felony
  acts of
• violence convicted on or after July 1, 1995

• To provide more effective protection of society

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Purpose of Local Community-Based Probation
Services

• Offenders who are convicted and sentenced
• pursuant to 19.2-303.3 for whom the court
  
• imposes a total sentence of twelve months or
• less, suspended whole or in part, and
• conditioned upon the successful completion
  of
• probation

• To provide services

• Offenders no younger than 18 years
• of age or considered an adult at the
• time of conviction

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Purpose of Local Community-Based Probation
Services

• To provide services

• Offenders who are provided a deferred
• proceeding for Class 1 or 2 misdemeanor and
• placed on probation pursuant to

4.1-305
18.2-57.3
18.2-251
19.2-303.2
15.2-1812.2
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Purpose of Local Community-Based Probation
Services

• Placement Procedure

• The court may impose terms and conditions of
• supervision as it deems appropriate
  including that
• the offender abide by any additional
  requirements
• of supervision imposed or established by the
  
• program during the period of probation
  supervision

• Courts make direct placements to local
• community-based probation

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Purpose of Local Community-Based Probation
Services

• Appropriate Supervision Placement means

• Defendants who are provided a deferred
• proceeding for a Class 1 or 2 misdemeanor
• authorized by law

• Adult offender convicted and sentenced pursuant
  to
• 19.2-303.3

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Purpose of Local Community-Based Probation
Services

• Deferred Proceeding Cases Do Not Include

• Plea agreement

• Satisfaction and discharge of assault and
  similar
• charges pursuant to 19.2-151

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Local Community-Based Probation Services

• Components of local probation supervision
  include

• Community service

• House arrest

• Home electronic incarceration

• Substance abuse screening

• Assessment

• Testing and treatment

35
Local Community-Based Probation Services

• Optional services include referral to a variety
  of treatment milieus subject to local availability

36
Probation Services Does Not Include

• Investigation of defendants convicted of certain
  Class 1 misdemeanor cases where there is a
  separate proceeding limited to the ascertainment
  of punishment pursuant 19.2-295.1

• Preparation of pre-sentence investigations or
  sentencing guideline worksheets pursuant to
  19.2-299 and 19.2-298.01

• Collection of restitution

37
Length of Supervision

• The Department has established the recommended
  length of supervision as follows

• An overall program average of 6 months for
• misdemeanor cases

• An overall program average of 12 months for
• felony cases

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Length of Supervision

• A period not to exceed 12 months for cases
  deferred subject to 18.2-57.3

As a condition of local community-based
probation,to be of good behavior during the
period of supervised probation and for a period
of not less than two years following the
completion of probation.
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Length of Supervision

• Hartless v. Commonwealth FEBRUARY 23, 1999

• To be effective, probation must be
• concurrent with a coordinate term of
• suspension of sentence.

• the term of probation to be coterminous
• with the term of suspension of sentence.

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Collection of Supervision and Intervention Fee

• Collection of fee must be approved by the
  Department pursuant to 9.1-182 E

• Retained by the locality serving as fiscal agent

• Shall be utilized solely for program expansion
• and program development, or to supplant local
  
• costs of the program operation

• Fees collected by local programs established
  under this article shall be

41
Collection of Supervision and Intervention Fee

• The sentencing/supervision fee assessed as part
  of the costs pursuant to 17.1-275.1,
  17.1-275.2, 17.1-275.7, or 17.1-275.8, or
  subsections B or C of 16.1-69.481 that is
  deposited in the general fund of the state
  treasury is not the same as the supervision and
  intervention fee