St. Louis County, Minnesota Outcome Evaluation Plan, revised November 22, 2013
Introduction:
St. Louis County, Minnesota, has chosen to look at pretrial release and detention decisions as its subject of reform. Previous data indicated that racial minorities were being detained disproportionately at the pre-trial phase (See Dr. Weidners report in Appendix A). Additionally, the courts had a tendency to set higher bail amounts for minority defendants. The St. Louis County Task Force (TF) created a four- pronged approach to addressing this inequity: 1) The TF assessed the new pretrial assessment tool used by Arrowhead Regional Corrections (ARC) to be utilized by the courts in pretrial disposition hearings and sought expertise and guidance from The Pretrial Justice Institute (PJI) to evaluate their new modifications, and to incorporate additional changes, if necessary, to the new pretrial assessment tool used by ARC. 2) The TF implemented changes recommended by PJI. Subsequent training was conducted for Judges and Probation Officers to help in their understanding of this new modified tool. 3) The TF modified the pretrial release study (PRS) protocol utilized by ARC (specifically the types of crimes for which a pretrial assessment will be conducted). The TF formulated an agreement amongst their constituents on modification to the protocol. The TF offered training to the Judges to ensure they thoroughly understood this change in protocol. 4) The TF developed a checklist for judges available at the bench, to assist them in their decision- making process for pretrial orders and to facilitate consistency with Minnesota Rules of Criminal Procedure.
Parts 1 and 2 During the early stages of the RJIP, the courts began using a new pretrial assessment tool to help determine whether a defendant was to be released on own recognizance, released under supervision, or detained in a local jail. The assessment tool was developed to standardize the way in which courts looked at these defendants, in the hopes that it would provide more consistency in pretrial procedures and reduce bias (implicit or otherwise) in the courts decisions.
In other ways, biases may also appear in who receives a pretrial release study, conducted by ARC. The Task Force began looking for ways to standardize decisions regarding pretrial release studies, and thus reduce bias. Thus, Parts 3 and 4 of the project were put in place.
Ijay Consulting 2 Parts 3 and 4 The TFs ultimate goal is that PRSs be conducted for all felonies in the Sixth Judicial District. The TF suggested that the court order supervised release studies for all defendants charged with an offense calling for a presumptive stayed sentence under the Minnesota sentencing guidelines. According to the recently established Memorandum of Understanding:
The members of the RJIP suggest that the court order supervised release studies for all defendants charged with an offense calling for a presumptive stayed sentence under the Minnesota sentencing guidelines. The courts shall have discretion to order supervised release studies for people charged with presumed commits or whom have holds on them from other jurisdictions.
Please see the Task Forces Memorandum of Understanding in Appendix B.
The courts have discretion to order supervised release studies for people charged with presumed commits or who have holds on them from other jurisdictions.
The TF recommended that defendants charged with presumed stays should either be released on their own recognizance (ROR) or receive a supervised release (SR) study; and that SR studies and supervised release orders should be substantially reduced for people facing gross misdemeanors and misdemeanors. Supervised release should be completely eliminated for people facing petty misdemeanors [there are already very few of these the project wants to ensure that there are none].
Due to current resource and staffing levels, ARC cannot expand studies for felonies without reducing the number of studies done in other areas. The TF has identified non-person misdemeanor offenses, as well as gross misdemeanors appearing after arrest, as charges for which a reduced number of pretrial release studies can be conducted without compromising community safety. Under the terms of this plan, the parties agree to increase the number of felony pretrial release studies, decrease the number of pretrial release studies for misdemeanors and gross misdemeanors, and eliminate pretrial release studies for petty misdemeanors.
The following model provides a graphical representation of the reforms and their impacts on racial disparities in the pretrial detention and bail system.
Reduced disparities in detention rates and bail amounts Increased resources for felony SR studies Valid pre-trial assessment tool Reduced bias/ increased quality in felony SR studies Reduced implicit bias by the court Ijay Consulting 3
This evaluation plan will address each part of the St. Louis County program.
Part 5 The TF worked with judges, ARC, and other stakeholders to develop a checklist meant to standardize arraignment decisions. The checklist included a list of the factors from the Minnesota Rules of Criminal Procedure (Minnesota Rules of Criminal Procedure, Rule 6.02, Subd. 2,) to be considered for pretrial release.
Appendix C contains the Judges Pretrial Release Considerations checklist.
Proposed Evaluation Plan
In order to determine the efficacy of St. Louis Countys reformed pretrial assessment system, before, during and after reform measurements will need to be in place. The focus of the evaluation will be on determining the number of felony pretrial release studies conducted before and after the reform effort and the final stage in the reform model. The long-term goal is to reduce racial and ethnic disparities in detention and bail setting.
Raw data which were collected by Dr. Robert Weidner, the Pretrial Justice Institute and ARC will be used to provide a picture of pretrial release before the implementation of the new pretrial assessment tool. Those data will be compared with data collected after the initial implementation of the assessment tool and again six months after the implementation of the prerelease study protocol.
To assess the impact of the use of the new assessment tool, type of pre-trial assessments, and the detention rates of felony defendants, a series of nonparametric statistical analyses will be conducted, including frequency and descriptive analyses and chi-squares. These analyses will allow for a comparison in detention rates of minorities versus Whites, before and after the implementation of the reforms.
These data will be compared to six months worth of data collected after the revised tool was put into place. Specifically, a comparison between American Indian, Blacks, and Whites will be compared. If the revised tool and new protocol are effective, fewer individuals of color will be detained prior to trial after the reforms have taken place than in the baseline phase. These comparisons will indicate whether the pretrial detention tool was effective in reducing racial disparities in pretrial detention orders.
In addition to the collection and analysis of the archival data, judges will be asked to complete a questionnaire immediately after an arraignment for which the checklist is used, which will include: factors that went into their bail/ROR/detention decisions; judges experience with the checklist; and training needs judges might have. Judges will complete the questionnaires at arraignments held between December 2013 and February 2014.
Appendix D contains the questionnaire.
As with the archival data, a series of nonparametric statistical analyses will be conducted on the questionnaire data, including frequency and descriptive analyses and chi-squares. Further, judges responses to the questionnaire will be compared to judges interview responses collected at the beginning of the project.
Ijay Consulting 4 Lastly, data will be gathered and an assessment made for the percentage of pretrial release studies conducted for those charged with felony offenses. This will be compared to the baseline data (the number of pretrial release studies conducted prior to the signing the Memorandum of Understanding) to determine whether more focus was put on increasing studies for felony offenses, when resources were freed up
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APPENDIX A ST. LOUIS COUNTY, MINNESOTA RACIAL JUSTICE IMPROVEMENT PROJECT PRETRIAL DETENTION & RELEASE DECISIONS IN ST. LOUIS COUNTY, MN, IN 2009 & 2010: INTERIM FINDINGS (Please see included report)
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APPENDIX B ST. LOUIS COUNTY, MINNESOTA RACIAL JUSTICE IMPROVEMENT PROJECT MEMORANDUM OF UNDERSTANDING
Ijay Consulting 7 Introduction In 2010 the American Bar Association chose St. Louis County as one of four pilot sites around the country to address racial disparities in the criminal justice system. A task force of criminal justice practitioners and community members has been working for over two years to explore issues in pretrial decision-making in St. Louis County. The Racial Justice Improvement Project (RJIP) has collected and analyzed data, interviewed all of the judges in the county, and met numerous times to try to determine the extent of racial disparities and to identify possible policy-based solutions to what we have found.
Objectives As a result of this work, the RJIP has decided to focus on pretrial release issues in the jurisdiction. The key stakeholders involved in the work include: Sixth Judicial District, represented by Honorable John De Santo Arrowhead Regional Corrections, represented by Kay Arola and Wally Kostich 6 th District Public Defender, represented by Fred Friedman St. Louis County Attorneys Office, represented by Mark Rubin Duluth Police Department, represented by Robin Roeser St. Louis Countys community of color, represented by Donna Ennis
According to Arrowhead Regional Corrections, x number of pretrial release studies are done for the felonies in the Sixth Judicial District. (what percentage of felonies) The members of the RJIP suggest that the court order supervised release studies for all defendants charged with an offense calling for a presumptive stayed sentence under the Minnesota sentencing guidelines. The courts shall have discretion to order supervised release studies for people charged with presumed commits or whom have holds on them from other jurisdictions.
The RJIPs ultimate goals are that people who are charged with presumed stays should either be released on their own recognizance (ROR) or receive a supervised release (SR) study; SR studies and SR status should be substantially reduced for people facing gross misdemeanors and misdemeanors. SR should be completely eliminated for people facing petty misdemeanors.
Ijay Consulting 8 Due to current resource and staffing levels, ARC cannot expand studies for felonies without reducing the number of studies done in other areas. The RJIP has identified non-domestic, non-violent misdemeanors, as well as gross misdemeanors appearing after arrest, as charges for which a reduced number of pretrial release studies can be conducted without compromising community safety. Under the terms of this plan, the parties involved agree to increase the number of felony pretrial release studies conducted, decrease the number of pretrial release studies conducted for misdemeanors and gross misdemeanors, and eliminate pretrial release studies for petty misdemeanors. The RJIP will work out a mechanism agreed upon by the key stakeholders to ensure the objective to increase pretrial release studies in felony cases.
Ijay Consulting 9 Approvals and signatures X Chief Judge Shaun Floerke Sixth Judicial District X Honorable John DeSanto Sixth Judicial District X Kay Arola Executive Director, ARC X Wally Kostich Chief Probation Officer, ARC X Fred Friedman Chief Public Defender X Mark Rubin St. Louis County Attorney X Gordon Ramsay Chief of Police, Duluth Police Dept. X Robin Roeser Deputy Chief of Police, DPD X Donna Ennis Community liaison X Ross Litman St. Louis County Sheriff X Rebecca St. George RJIP coordinator
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APPENDIX C ST. LOUIS COUNTY, MINNESOTA RACIAL JUSTICE IMPROVEMENT PROJECT PRETRIAL RELEASE CONSIDERATIONS PRETRIAL RELEASE CONSIDERATIONS
Ijay Consulting 11 If there is a Supervised Release study on file for this Defendant for this charge, please proceed with this checklist ONLY if there is a material change in circumstance that would warrant another report.
If a Supervised Release study has NOT already been completed:
Does the Defendant have any holds from the Minnesota Department of Corrections or other jurisdictions?
Is the Defendant facing murder or attempted murder charges?
If YES to either, a Supervised Release study is NOT recommended.
If ultimately found guilty, do the Minnesota Sentencing Guidelines call for a presumptive stay of execution or imposition of sentence?
Does the Defendant have a criminal history score of zero, OR does the court have the Defendants most recent Minnesota Sentencing Guidelines worksheet score?
If YES to both, and the Defendant is NOT Released on his/her Own Recognizance, a Supervised Release study should be ordered.
Was the Defendant granted supervised release or released on her/his own recognizance?
If NO, the court should state its reasons either on the record, or in a subsequent order.
PRETRIAL RELEASE CONSIDERATIONS
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The Racial Justice Improvement Project
http://racialjusticeproject.weebly.com/ Conditions of Release: If the Court determines that pretrial release is appropriate, please consider the following factors under Minnesota Rules of Criminal Procedure, Rule 6.02, Subd. 2, in determining conditions of release:
(a) the nature and circumstances of the offense charged; (b) the weight of the evidence; (c) family ties; (d) employment; (e) financial resources; (f) character and mental condition; (g) length of residence in the community; (h) criminal convictions; (i) prior history of appearing in court; (j) prior flight to avoid prosecution; (k) the victim's safety; (l) any other person's safety; (m) the community's safety.
This checklist is provided to you by the St. Louis County Racial Justice Improvement Project Task Force:
Kay Arola, Executive Director, Arrowhead Regional Corrections Honorable John DeSanto, Judge, Sixth Judicial District Donna Ennis, Community Member Fred Friedman, Chief Public Defender, Sixth Judicial District Wally Kostich, Chief Probation Officer, Arrowhead Regional Corrections Mark Rubin, St. Louis County Attorney Rebecca St. George, RJIP Task Force Coordinator/Community Member
For more information on the work of the Task Force or the ABA Racial Justice Improvement Project please visit our website: http://racialjusticeproject.weebly.com/
Special thanks to Salma S. Safiedine, RJIP Project Director from the American Bar Association, and American University Washington College of Law Professor Cynthia Jones, former RJIP Project Director.
The American Bar Association Criminal Justice Sections Racial Justice Improvement Project is funded by the Bureau of Justice Assistance with additional support from the Public Welfare Foundation
The Racial Justice Improvement Project
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APPENDIX D ST. LOUIS COUNTY, MINNESOTA RACIAL JUSTICE IMPROVEMENT PROJECT JUDGES POST-ARRAIGNMENT QUESTIONNAIRE
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Racial Justice Improvement Project St. Louis County, Minnesota Post-Checklist Questionnaire The Racial Justice Improvement Project has created a checklist to aid in determining pretrial release decisions. Our aim with this questionnaire is to obtain information about the utility of the checklist developed by the RJIP. Your responses will help us improve the bail setting procedure and the checklist and will never be used against you in any way. Your responses will remain confidential, as we are only interested in improving the checklist and identifying training needs. Please complete the following questions for each defendant who did not have a Supervised Release Study completed.
State v. ________________________________________________________
Did you use the pretrial checklist provided by the Racial Justice Improvement Project in making your release decision? Yes No
Was the checklist helpful? Yes No
Was the information you received about the defendants criminal history helpful? Yes No
Which of the following factors did you take into consideration in your release decision? the nature and circumstances of the offense charged the weight of the evidence family ties employment financial resources character and mental conditions length of residence in the community criminal convictions prior history of appearing in court prior flight to avoid prosecution the victims safety any other persons safety the communitys safety none of the above
Would you like training about best practices on bail setting? Yes No
Are you willing to provide time on your schedule for such training? Yes No
Would you like training on any other topics? Yes No
If yes, please indicate the topic(s):
Additional comments:
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APPENDIX E ST. LOUIS COUNTY, MINNESOTA RACIAL JUSTICE IMPROVEMENT PROJECT DATABASE OF CASES INCLUDED IN THE INITIAL ANALYSIS
Ijay Consulting 17 DateofBirth Gender Description PTRRecommendation Judge's Decision St.LouisCountyOffice ProbationOffice rCode ProbationOfficerLastName 12-Sep-1975 F Am Ind/Alaskan Nat Pre-Trial Accept placed on ptr St. Louis County-Duluth 6JS Serre 13-Aug-1970 M Am Ind/Alaskan Nat Pre-Trial Accept placed on ptr St. Louis County-Duluth 3SJ Johnson 23-Nov-1976 M Am Ind/Alaskan Nat Pre-Trial Reject rejected for pretrial release St. Louis County-Duluth 2SJ Johnson 05-Nov-1980 M Black Pre-Trial Reject rejected for pretrial release St. Louis County-Duluth 5LK Koster 08-Sep-1965 M Black Pre-Trial Reject rejected for pretrial release St. Louis County-Duluth 6AS Stevens 05-Dec-1958 M White Pre-Trial Accept placed on ptr St. Louis County-Duluth 6TK Kimball 05-Dec-1958 M White Pre-Trial Reject rejected for pretrial release St. Louis County-Duluth 6RL Langdon 14-Feb-1958 M White Pre-Trial Reject rejected for pretrial release St. Louis County-Duluth 6RL Langdon 24-Jul-1958 M Am Ind/Alaskan Nat Pre-Trial Accept offered pt release - client chose to post bail of $5,000 St. Louis County-Hibbing 7RH Hooper 25-Sep-1982 M Am Ind/Alaskan Nat Pre-Trial Reject rejected for pretrial release St. Louis County-Hibbing 7DF Wiener 24-Dec-1984 M Am Ind/Alaskan Nat Pre-Trial Reject rejected for pretrial release St. Louis County-Hibbing 7PJ Johnston 24-Jan-1967 M Black Pre-Trial Accept placed on ptr St. Louis County-Hibbing 6RL Langdon 29-Jun-1976 F Black Pre-Trial Accept order for release (deceased 9/14/10) St. Louis County-Hibbing 7DF Wiener 29-Jun-1976 F Black Pre-Trial Accept order for release (deceased 9/14/10) St. Louis County-Hibbing 7DF Wiener 19-Nov-1974 M White Pre-Trial Reject rejected for pretrial release St. Louis County-Hibbing 7DF Wiener 02-Dec-1962 M White Pre-Trial Accept placed on ptr St. Louis County-Hibbing 7PJ Johnston 16-Jun-1971 M White Pre-Trial Accept placed on ptr St. Louis County-Hibbing 7JP Passeri 24-Dec-1971 F Am Ind/Alaskan Nat Pre-Trial Accept placed on ptr St. Louis County-Virginia 8LA Anderson 15-May-1968 M Am Ind/Alaskan Nat Pre-Trial Accept placed on ptr St. Louis County-Virginia 8JG Gherardi-Danich 15-May-1968 M Am Ind/Alaskan Nat Pre-Trial Accept placed on ptr St. Louis County-Virginia 8LSW Westberg 18-Apr-1976 M Black Pre-Trial Accept placed on ptr St. Louis County-Virginia 6EA Abrahamsen 30-Jul-1974 F Black Pre-Trial Accept placed on ptr St. Louis County-Virginia 8SE Carlson 10-Feb-1986 M Black Pre-Trial Accept placed on ptr St. Louis County-Virginia 8SE Carlson 12-May-1948 F White Pre-Trial Accept placed on ptr St. Louis County-Virginia 8WF Frederickson 29-May-1981 M White Pre-Trial Reject rejected for pretrial release St. Louis County-Virginia 6JS Serre
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Dob Gender Race Recommendation Judges order Courthouse POlastname POfirstnam e 12/13/73 m american indian pre-trial reject JUDGE ROR'D 69du-cr-11-2892 St. Louis County - Duluth jezierski maggie 9/28/86 m american indian pre-trial reject bonded out 69du-cr-11-2817 St. Louis County - Duluth borchert Ken 10/8/88 f american indian pre-trial reject bond posted and released to attend chemical dependency treatment 69du-cr-10-3201 St. Louis County - Duluth kantonen John 12/31/92 m black Pre-Trial Reject placed on pretrial release 69du-cr-11-3568 St. Louis County - Duluth Langdon Rian 2/26/62 M black Pre-Trial Reject JUDGE ROR'D 69du-cr-10-1412 St. Louis County - Duluth Jeanetta Kantonen Jeanne 4/5/65 m black Pre-Trial Reject rejected for pre-trial release 69du-cr-11-2888 St. Louis County - Duluth Pogatchnik Becky 8/5/46 m white pre-trial reject initially rejected for pre-trial release; 2.5 months later, placed on PTR to attend chemical dependency treatment 69du-cr-11-3034 St. Louis County - Duluth langdon Rian 3/18/52 m white Pre-Trial Accept JUDGE ROR'D 69du-cr-11-3221 St. Louis County - Duluth Abrahamsen Eldon 8/19/58 m white Pre-Trial Reject JUDGE ROR'D 69-du-cr-12-308 St. Louis County - Duluth Pogatchnik Becky 1/21/79 M American Indian Pre-Trial Accept place on pretrial release 69HI-CR-841 St. Louis County - Hibbing Hooper Ronald 9/27/82 M American Indian Pre-Trial Accept This was a "Failure to Appear" warrant: client placed back on pretrial release with conditions modified by court 69HI-cr-11-812 St. Louis County - Hibbing Johnston Polly
Ijay Consulting 19 Dob Gender Race Recommendation Judges order Courthouse POlastname POfirstnam e 9/27/82 M American Indian Pre-Trial Accept placed on pretrial release 69hi-cr-11-812 St. Louis County - Hibbing Johnston Polly 2/10/67 M Black Pre-Trial Reject rejected for pre-trial release 69hi-cr-09-222 St. Louis County - Hibbing Johnston Polly 6/30/70 M Black Pre-Trial Reject rejected for pre-trial release - remain held for North Dakota Violation of Probation/Warran t 69hi-cr-12-13 St. Louis County - Hibbing Johnston Polly 3/4/83 M Black Pre-Trial Reject rejected for pre-trial release 69-hi-cr-11-787 St. Louis County - Hibbing Johnston Polly 6/29/87 M white Pre-Trial Reject rejected for pre-trial release 69hi-cr-11-786 St. Louis County - Hibbing Passeri Jeff 3/19/90 M white Pre-Trial Accept placed on pretrial release 69-hi-cr-12-4 St. Louis County - Hibbing Hooper Ronald 4/30/74 F american indian Pre-Trial Accept placed on pretrial release 69-vi-cr-11-1567 St. Louis County - Virginia Gherardi- Danich Jeriann 10/7/75 M american indian Pre-Trial Reject rejected for pretrial release 69-vi-cr-11-862 St. Louis County - Virginia Papin Sam 12/20/75 M american indian Pre-Trial Accept placed on pretrial release 69-vi-cr-11-1497 St. Louis County - Virginia Gherardi- Danich Jeriann 5/4/75 M black Pre-Trial Accept placed on pretrial release 69-vi-cr-11-1413 St. Louis County - Virginia Frederickson Will 12/16/81 M black Pre-Trial Accept placed on pretrial release 69-vi-cr-11-1419 St. Louis County - Virginia Westberg Lara
Ijay Consulting 20 Dob Gender Race Recommendation Judges order Courthouse POlastname POfirstnam e 9/1/46 M white Pre-Trial Accept placed on pretrial release 69-vi-cr-11-1739 St. Louis County - Virginia Papin Sam 10/18/47 M white Pre-Trial Accept placed on pretrial release 69-vi-cr-11-1495 St. Louis County - Virginia Westberg Lara 11/30/55 F white Pre-Trial Accept placed on pretrial release 69-vi-cr-11-1440 St. Louis County - Virginia Drobnick Phillip
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DateOfBirth Gender RaceDescription levelofoffense OffenseDescription acceptreject judge's decision dateofptrassessment ptrscore ptrassessor 10-Jun-1979 M Am Ind/Alaskan Nat gm obstructing legal process reject rejected for pre-trial release 12-Apr-2013 55 6rl 03-Oct-1989 F Am Ind/Alaskan Nat gm obstructing legal process accept placed on pre-trial release 28-Mar-2013 22 6kjb 10-Jan-1969 F Am Ind/Alaskan Nat f Theft Related reject-JUDGE ORDERED ROR judge ror'd 27-Mar-2013 30 6RL 10-Jan-1975 M Black f Terroristic Threats accept placed on pre-trial release 05-Apr-2013 18 6ejc 23-Feb-1968 M Black f Domestic Assault accept placed on pre-trial release 15-Apr-2013 46 6jw 28-Apr-1972 M Black gm vio of ofp accept placed on pre-trial release 09-Apr-2013 41 6tm 18-Nov-1981 M White gm Dwi accept placed on pre-trial release 23-Apr-2013 08 6MJ 19-Sep-1963 M White gm Dwi accept placed on pre-trial release 19-Mar-2013 21 6bt 01-Feb-1974 M White f Terroristic Threats accept placed on pre-trial release 03-Apr-2013 27 6TK 23-Jan-1985 F Am Ind/Alaskan Nat f Crim Veh Operation accept placed on pre-trial release 23-Apr-2013 26 7KZ 19-Oct-1980 F Am Ind/Alaskan Nat f Drugs accept placed on pre-trial release 19-Apr-2013 39 7KH 22-Jul-1962 m White f drugs reject rejected for pre-trial release 25-Apr-2013 68 7jp 29-Oct-1954 F White f Drugs reject rejected for pre-trial release; active warrant in Itasca County 29-Apr-2013 29 7JP 16-Sep-1958 M White f Drugs accept placed on pre-trial release 26-Mar-2013 22 7JP
Ijay Consulting 22 DateOfBirth Gender RaceDescription levelofoffense OffenseDescription acceptreject judge's decision dateofptrassessment ptrscore ptrassessor 30-Dec-1966 M White f Drugs reject (actually on scoring page gave "no recommendation"; on memo recommended rejection until client has c.d. evaluation & follows recommendations rejected for pre-trial release 14-Mar-2013 17 7kh 26-Jun-1993 F Am Ind/Alaskan Nat f Drugs accept placed on pre-trial release 22-Apr-2013 17 8BP 29-Dec-1976 M Am Ind/Alaskan Nat gm Domestic Assault accept placed on pre-trial release 05-Mar-2013 40 8LSW 06-Oct-1976 F Am Ind/Alaskan Nat f Assault accept placed on pre-trial release 04-Mar-2013 21 8ew 06-Oct-1976 F Am Ind/Alaskan Nat f Assault accept this charge resulted in prior PTR being revoked; judge placed back on PTR w/ new conditions 15-Apr-2013 21 8la 11-Dec-1968 M Black m disorderly conduct accept placed on pre-trial release 03-Apr-2013 6 8jg 26-Jul-1989 M Black m Domestic Assault accept placed on pre-trial release 22-Mar-2013 15 8se 10-Jun-1991 M Black gm contrib to delinq of minor accept placed on pre-trial release 29-Apr-2013 18 8SE 15-Oct-1976 m White gm dwi accept placed on pre-trial release 15-Mar-2013 6 8AGR 03-Sep-1983 M White m Dwi accept placed on pre-trial release 02-Apr-2013 4 8ds 23-Jul-1984 M White f Assault accept placed on pre-trial release 09-Apr-2013 18 8sp
PREPARED FOR: The American Bar Association, Criminal Justice Section
BY: Inga James, MSW, PhD
Ijay Consulting 8407 Greenwood Avenue, Suite 2 Takoma Park, Maryland 20912 301.476.1299 www.ijayconsulting.com APRIL 6, 2014
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Introduction and Background St. Louis County, Minnesota, has chosen to look at pretrial release and detention decisions as its subject of reform. Previous data indicated that racial minorities were being detained disproportionately at the pretrial phase. During this phase of the project, the St. Louis County Task Force (TF) created a four-pronged approach to addressing this inequity: 1) Provided implicit bias training for county judges and probation officers; 2) Created a policy to reduce the number of required supervised release reports to include only felonies and gross misdemeanors; 3) Created a new risk assessment tool for probation officers writing supervised release studies; 4) Provided training to probation officers about use of the risk assessment tool. The TFs ultimate goal is that pretrial release studies (PRS) be conducted for all felonies in the Sixth Judicial District. The TF suggested that the court orders supervised release studies for all defendants charged with an offense calling for a presumptive stayed sentence under the Minnesota sentencing guidelines. The courts have discretion to order supervised release studies for people charged with presumed commits or who have holds on them from other jurisdictions. The TF recommended that defendants charged with presumed stays should either be released on their own recognizance (ROR) or receive a supervised release (SR) study; and that SR studies and supervised release orders should be substantially reduced for people facing gross misdemeanors and misdemeanors. Supervised release should be completely eliminated for people facing petty misdemeanors [there are already very few of these the project wants to ensure that there are none]. Due to current resource and staffing levels, ARC cannot expand studies for felonies without reducing the number of studies done in other areas. The TF has identified non-person misdemeanor offenses, as well as gross misdemeanors appearing after arrest, as charges for which a reduced number of pretrial release studies can be conducted without compromising community safety. Under the terms of this plan, the parties agreed to increase the number of felony pretrial release studies, decrease the number of pretrial release studies for
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misdemeanors and gross misdemeanors, and eliminate pretrial release studies for petty misdemeanors. According to a document provided by the TF, judges are very deferential to the release/detention recommendations of the probation officers, and if probation officers do not recommend supervised release, that recommendation is generally honored by the court.
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Methods Procedure Assessing reduction in disparities in detention rates. In order to determine the efficacy of St. Louis Countys reformed pretrial assessment system, before, during and after reform measurements were required. The focus of this evaluation was on the final stage in the reform model: Reduced disparities in detention rates.
To assess the impact of the independent variables, use of the new assessment tool and type of pretrial assessments, and the detention rates of felony defendants, a series of nonparametric statistical analyses will be conducted, including frequency and descriptive analyses and chi- squares. These analyses will allow for a comparison in detention rates of minorities versus Whites, before and after the implementation of the reforms.
These data were compared to data collected after the revised tool was put into place. Specifically, a comparison between American Indian, Blacks and Whites were compared. If the revised tool and new protocol are effective, fewer individuals of color will be detained prior to trial in the baseline phase than after the reforms have taken place. These comparisons will indicate whether the pretrial detention tool was effective in reducing racial disparities in pretrial detention orders.
Assessing the use of the checklist by judges. After the implementation of the checklist, judges were surveyed about their pre-trial decision making process (See Appendix D for the complete survey questionnaire). Both the interviews and questionnaire focused on what factors were used in the judges pretrial decision making. Additionally, the post-checklist questionnaire asked about perceived need for training.
Sample
Assessing reduction in disparities in detention rates. According to the U.S. Census Bureau, in 2012, 93.0% of St. Louis County residents identified themselves as White or Caucasian, 2.3% identified as American Indian/Alaska Native, and 1.9% identified as Black or African American. However in the randomly selected sample of pretrial defendants in the county, American
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Indian/Alaska Native made up 37% of the defendant population, 28% were Black/African American, and 25% were White/Caucasian. 1
Three samples were randomly identified from three universes of individuals arraigned in St. Louis County. The samples were drawn from pre-trial release reports during the following time periods: Pre-training phase: Prior to probation officer training, between the dates of January 1 and December 30, 2010; Interim phase: after the implicit bias training, between the dates of September 1, 2011 and January 30, 2012; and Post-training phase: After the training about the new Supervised Release Study protocol in February 2103, between the dates of March 1 and April 30, 2013.
The total sample had 75 members, 25 in each phase 2 . There were no statistically significant differences between the three groups in either gender or race/ethnicity. On the other hand, post-training probation officers were significantly more likely to recommend pre-trial release than the officers in the earlier two samples. 3
Table 1. Sample characteristics by sample group. Pre-Training Phase n (%) Interim Phase n (%) Post-Training Phase n (%) Total n (%) Gender Male 19 (79%) 22 (88%) 16 (64%) 57 (77%) Female 5 (21%) 3 (12%) 9 (36%) 17 (23%) Race American Indian/Alaska Native 9 (38%) 9 (36%) 9 (36%) 27 (37%) Black/African American 7 (29%) 8 (32%) 6 (24%) 21 (28%) White/Caucasian 8 (33%) 8 (32%) 10 (40%) 26 (35%) Probation Officer Recommendation Pre-trial release recommended 12 (46%) 12 (48%) 21 (84%) 48 (65%) Pre-trial release not recommended 9 (37%) 13 (52%) 4 (16%) 26 (35%)
1 Whether this indicates a racial disparity in arrests or prosecutions is open for future examination. However, the data point to a racial/ethnic disparity in the number of individuals brought before the court for arraignment. 2 Please note that caution should be used in interpreting these results due to the small sample size. 3
2 (2, N=74) = 7.19, p = .027
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Table 2. Sample characteristics by courthouse location. Duluth n (%) Virginia n (%) Hibbing n (%) Gender Male 22 (85%) 18 (69%) 17 (77%) Female 4 (15%) 8 (31%) 5 (23%) Race American Indian/Alaska Native 9 (35%) 10 (35%) 8 (36%) Black/African American 8 (30%) 8 (31%) 5 (23%) White/Caucasian 9 (35%) 8 (31%) 9 (41%) Probation Officer Recommendation Pre-trial release recommended 12 (46%) 24 (92%) 12 (55%) Pre-trial release not recommended 14 (54%) 2 (8%) 10 (45%)
There were no statistically significant differences in gender and race/ethnicity among the three sites. However, probation officers recommended pretrial release significantly more often in Virginia than in the other two locations. 4
Assessing the use of the checklist by judges. Twelve of the total 16 sitting judges participated in the post-implementation survey. Eight completed the survey electronically and returned it to the project evaluator, while four completed it by telephone. One judge declined to participate and three were unreachable at the time of this writing.
Appendix A contains the checklist currently in use by St. Louis County judges, and Appendix B contains the Post-Checklist Questionnaire.
4
2 (2, N=74) = 13.61, p = .001
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Results Assessing reduction in disparities in detention rates. There were no significant differences in the probation officers recommendation for pretrial release by race/ethnicity, either in total or at each of the three data points. In other words, pretrial release recommendations did not vary by race or ethnicity at any of the data collection times. However, judges orders did vary by geographic location in that individuals seen at the Virginia courthouse were significantly more likely to be placed on supervised release than were defendants appearing at the other courthouses. 5 Please see Table 3 for additional information. Table 3. Judges orders by location. Duluth n (%) Virginia n (%) Hibbing n (%) Total n (%) Judges Pretrial Order Released on Own Recognizance (ROR) 5 (19%) 0 0 5 (7%) Placed on Supervised Release 11 (42%) 23 (88%) 9 (43%) 43 (59%) Denied Supervised Release 7 (27%) 2 (8%) 8 (38%) 17 (23%) Bonded Out 2 (8%) 0 0 2 (3%) Other 6 1 (4%) 1 (4%) 4 (19%) 6 (8%)
Pretrial orders did not vary by race/ethnicity when encapsulated in the total sample (see Table 4). Table 4. Judges orders by race/ethnicity. American Indian/ Alaska Native n (%) Black/African American n (%) White/ Caucasian n (%) Judges Pretrial Order Released on Own Recognizance (ROR) 2 (40%) 1 (20%) 2 (40%) Placed on Supervised Release 15 (35%) 13 (30%) 15 (35%) Denied Supervised Release 4 (16%) 6 (27%) 7 (38%) Bonded Out 2 (8%) 0 0 Other 2 (8%) 2 (9%) 2 (8%)
5
2 (8, N=73) = 27.69, p = .001 6 The Other category included such dispositions as being held on a warrant from another jurisdiction and a defendant choosing to post bond instead of being placed on supervised release.
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There were no statistically significant differences in judges orders across the three phases. However, the difference did approach significance. 7 In this analysis, judges were more likely to place defendant on supervised release after the final graduated sanctions training. Further, judges were more likely to reject defendants for supervised release during the pre-training phase (although, again, these data only approached significance so caution should be used in making assumptions based on the results).
Please see Table 5 for additional detail.
Table 5. Judges orders by data collection phase. Pre-Training Phase n (%) Interim Phase n (%) Post-Training Phase n (%) Judges Pretrial Order Released on Own Recognizance (ROR) 0 4 (17%) 1 (4%) Placed on Supervised Release 13 (54%) 10 (42%) 19 (76%) Denied Supervised Release 9 (38%) 5 (21%) 3 (12%) Bonded Out 0 2 (8%) 0 Other 2(8%) 2 (8%) 2 (8%)
There were no significant differences in the pretrial release orders by race/ethnicity at any of the three data points. In other words, these data showed that Judges did not vary their orders based on race or ethnicity from the pre-training phase to the post-training phase.
As can be seen in the tables presented, very few defendants were granted a release on bond (2; .03%).
Please see Appendix C for the complete data set.
Assessing the use of the checklist by judges. Nine of 12 participating judges indicated that they have been using the pretrial checklist. Those who did not use the form stated they were not aware that the checklist was completed. Of those who used the checklist, all stated that it was helpful to them in their decision making process.
Judges were also asked what factors they took into consideration when making pretrial release and detention decisions. Based on Minnesota Rules of Criminal Procedure, Rule 6.02, Subd. 2,
7
2 (10, N=73) = 17.54, p = .063; Approaching significance - the cut-off for statistical significance is a p equal to or less than .05.
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judges were asked about the 13 factors listed in the rule and whether they were useful in making their decisions. Table 6 provides detail about the judges responses, with one column detailing the number of judges who indicated they do take the factor into consideration in their decisions and another column showing the number who do not.
As can be seen from Table 6, all participating judges take into consideration the following factors: Criminal convictions; Prior history of appearing in court; Prior flight to avoid prosecution; The victims safety; and Any other persons safety.
Nearly all judges also take into consideration the nature of the circumstances of the offense charged. The individual who answered no to that question stated that this type of information was generally not available at the arraignment phase.
Factors that were not taken into consideration by the majority of the participating judges included the weight of the evidence and the defendants financial resources. Several, though not the majority, of the judges also stated that they also do not consider the following factors: Family ties; Employment; and Length of residence in the community.
Table 6. Factors taken into consideration by pretrial judges. Factor to be taken into consideration Yes No Nature of the circumstances of the offense charged (n = 12) 11 1 Weight of the evidence (n = 11) 4 7 Family ties (n = 11) 8 3 Employment (n = 11) 7 4 Financial resources (n = 11) 4 7 Character and mental conditions (n = 11) 10 1 Length of residence in the community (n = 11) 8 3 Criminal convictions (n = 11) 11 0
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Factor to be taken into consideration Yes No Prior history of appearing in court (n = 11) 11 0 Prior flight to avoid prosecution (n = 11) 11 0 The victims safety (n = 11) 11 0 Any other persons safety (n = 11) 11 0 The communitys safety (n = 11) 10 1
Fewer than half (6 judges) indicated on the post-checklist survey that they would like additional training on best practices on bail setting. Only two judges stated that they would like training on other subjects, although neither elaborated on what type of training they desired.
Please see Appendix D for the complete data set.
Project Update:
On March 27, 2014, Arrowhead Regional Corrections submitted an update to the project. The following was noted: 1) Nearly every individual incarcerated on a felony charge is now being screened for pretrial release, resulting in an 11% increase from 2010 until 2013; 2) The majority of clients recommended for pretrial release climbed by four percentage points, from 75% to 79%, between 2010 and 2013; 3) In July 2013, Arrowhead Regional Corrections received a grant of $571,761 from St. Louis County to expand intensive pretrial release and community sanctions supervision services. As a result, 50 pretrial clients, who would otherwise be incarcerated, were placed on intensive pretrial release, saving more than $175,000 in jail costs. Additionally, two Community Sanctions Program probation officers carry caseloads of 35-45 of individuals who have violated conditions of their probation and are at imminent risk of being incarcerated.
Please Appendix E for the complete Arrowhead Regional Corrections update report.
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Summary and Recommendations The St. Louis, Minnesota, Task Force chose to look at pretrial release and bond amount orders by judges in the three county courthouses. Data from the courthouses were collected across three time periods. Results indicate that there was no disparity in the release status by race/ethnicity or across time.
The majority of judges indicated that they use the Pretrial Release Checklist in making their pretrial bail/detention/release decisions. Those who did not use the Checklist indicated that they were unaware that it had been finalized.
However, probation officers who completed the final training were more likely to recommend supervised release than were the officers at the other two points in time. Further, judges in Virginia were more like to order supervised release than were the judges seated at the other courthouses. Based on the results of this evaluation, we offer the following recommendations:
Ensure that all sitting judges have the updated Checklist at their disposal; Continue to work with judges to help them utilize the newly created Pretrial Release Checklist; Work with law enforcement to examine the disparity in arrests across race/ethnicity; Continue to improve the communication among the three courthouses; Complete a similar data analysis six months after the Pretrial Release Checklist has been introduced to judges in the county; Re-analyze the data using a larger sample; Examine the data controlling for level of crime committed (e.g. felony, misdemeanor, etc.); Continuously review and upgrade the Pretrial Release Checklist based on feedback and continuing evaluation.
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Appendix A Pretrial Release Checklist
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If there is a Supervised Release study on file for this Defendant for this charge, please proceed with this checklist ONLY if there is a material change in circumstance that would warrant another report.
If a Supervised Release study has NOT already been completed:
Does the Defendant have any holds from the Minnesota Department of Corrections or other jurisdictions?
Is the Defendant facing murder or attempted murder charges?
If YES to either, a Supervised Release study is NOT recommended.
If ultimately found guilty, do the Minnesota Sentencing Guidelines call for a presumptive stay of execution or imposition of sentence?
Does the Defendant have a criminal history score of zero, OR does the court have the Defendants most recent Minnesota Sentencing Guidelines worksheet score?
If YES to both, and the Defendant is NOT Released on his/her Own Recognizance, a Supervised Release study should be ordered.
Was the Defendant granted supervised release or released on her/his own recognizance?
If NO, the court should state its reasons either on the record, or in a subsequent order.
The Racial Justice Improvement Project
http://racialjusticeproject.weebly.com/
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Conditions of Release: If the Court determines that pretrial release is appropriate, please consider the following factors under Minnesota Rules of Criminal Procedure, Rule 6.02, Subd. 2, in determining conditions of release:
(a) the nature and circumstances of the offense charged; (b) the weight of the evidence; (c) family ties; (d) employment; (e) financial resources; (f) character and mental condition; (g) length of residence in the community; (h) criminal convictions; (i) prior history of appearing in court; (j) prior flight to avoid prosecution; (k) the victim's safety; (l) any other person's safety; (m) the community's safety.
This checklist is provided to you by the St. Louis County Racial Justice Improvement Project Task Force:
Kay Arola, Executive Director, Arrowhead Regional Corrections Honorable John DeSanto, Judge, Sixth Judicial District Donna Ennis, Community Member Fred Friedman, Chief Public Defender, Sixth Judicial District Wally Kostich, Chief Probation Officer, Arrowhead Regional Corrections Mark Rubin, St. Louis County Attorney Rebecca St. George, RJIP Task Force Coordinator/Community Member
For more information on the work of the Task Force or the ABA Racial Justice Improvement Project please visit our website: http://racialjusticeproject.weebly.com/
Special thanks to Salma S. Safiedine, RJIP Project Director from the American Bar Association, and American University Washington College of Law Professor Cynthia Jones, former RJIP Project Director.
The American Bar Association Criminal Justice Sections Racial Justice Improvement Project is funded by the Bureau of Justice Assistance with additional support from the Public Welfare Foundation
The Racial Justice Improvement Project
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Appendix B Post-Checklist Questionnaire
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Racial Justice Improvement Project St. Louis County, Minnesota Post-Checklist Questionnaire
To: Judges of the Sixth Judicial District
1. Have you been using the pretrial checklist provided by the Racial Justice Improvement Project (RJIP) in making your release decisions?
Yes No
2. Has the checklist been helpful?
Yes No
3. Was the information you received about the defendants criminal history helpful?
Yes No
4. Which of the following factors have you been taking into consideration in making your decisions (please select all that apply)?
the nature of the circumstances of the offense charged the weight of the evidence family ties employment financial resources character and mental conditions length of residence in the community criminal convictions prior history of appearing in court prior flight to avoid prosecution the victims safety any other persons safety the communitys safety none of the above
5. Would you like training about the best practices on bail setting?
Yes No
6. Are you willing to provide time on your schedule for such training?
Yes No
7. Would you like training on any other topics?
Yes No
If yes, please indicate the topic(s):
Additional comments (please use additional paper or space if appropriate):
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Appendix C Data Set for Pretrial Release Decisions
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Pre-Training Pretrial Release Data DateofBirth Gender Description PTRRecommendation St.LouisCountyOffice ProbationOfficerCode ProbationOfficerLastName 12-Sep-1975 F Am Ind/Alaskan Nat Pre-Trial Accept St. Louis County-Duluth 6JS Serre 13-Aug-1970 M Am Ind/Alaskan Nat Pre-Trial Accept St. Louis County-Duluth 3SJ Johnson 23-Nov-1976 M Am Ind/Alaskan Nat Pre-Trial Reject St. Louis County-Duluth 2SJ Johnson 05-Nov-1980 M Black Pre-Trial Reject St. Louis County-Duluth 5LK Koster 08-Sep-1965 M Black Pre-Trial Reject St. Louis County-Duluth 6AS Stevens 05-Dec-1958 M White Pre-Trial Accept St. Louis County-Duluth 6TK Kimball 05-Dec-1958 M White Pre-Trial Reject St. Louis County-Duluth 6RL Langdon 14-Feb-1958 M White Pre-Trial Reject St. Louis County-Duluth 6RL Langdon 24-Jul-1958 M Am Ind/Alaskan Nat Pre-Trial Accept St. Louis County-Hibbing 7RH Hooper 25-Sep-1982 M Am Ind/Alaskan Nat Pre-Trial Reject St. Louis County-Hibbing 7DF Wiener 24-Dec-1984 M Am Ind/Alaskan Nat Pre-Trial Reject St. Louis County-Hibbing 7PJ Johnston 24-Jan-1967 M Black Pre-Trial Accept St. Louis County-Hibbing 6RL Langdon 29-Jun-1976 F Black Pre-Trial Accept St. Louis County-Hibbing 7DF Wiener 29-Jun-1976 F Black Pre-Trial Accept St. Louis County-Hibbing 7DF Wiener 19-Nov-1974 M White Pre-Trial Reject St. Louis County-Hibbing 7DF Wiener 02-Dec-1962 M White Pre-Trial Accept St. Louis County-Hibbing 7PJ Johnston 16-Jun-1971 M White Pre-Trial Accept St. Louis County-Hibbing 7JP Passeri 24-Dec-1971 F Am Ind/Alaskan Nat Pre-Trial Accept St. Louis County-Virginia 8LA Anderson 15-May-1968 M Am Ind/Alaskan Nat Pre-Trial Accept St. Louis County-Virginia 8JG Gherardi-Danich 15-May-1968 M Am Ind/Alaskan Nat Pre-Trial Accept St. Louis County-Virginia 8LSW Westberg 18-Apr-1976 M Black Pre-Trial Accept St. Louis County-Virginia 6EA Abrahamsen 30-Jul-1974 F Black Pre-Trial Accept St. Louis County-Virginia 8SE Carlson 10-Feb-1986 M Black Pre-Trial Accept St. Louis County-Virginia 8SE Carlson 12-May-1948 F White Pre-Trial Accept St. Louis County-Virginia 8WF Frederickson 29-May-1981 M White Pre-Trial Reject St. Louis County-Virginia 6JS Serre
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Interim Pretrial Release Data Gender Race PTRAssessmentDate PTRRecommendation StLouisCountyOffice ProbationOfficerLastName ProbationOfficerFirstName m american indian 06-Sep-2011 pre-trial reject St. Louis County - Duluth jezierski maggie m american indian 06-Sep-2011 pre-trial reject St. Louis County - Duluth borchert ken f american indian 02-Sep-2011 pre-trial reject St. Louis County - Duluth kantonen john m black 25-Oct-2011 Pre-Trial Reject St. Louis County - Duluth Langdon Rian M black 10-Oct-2011 Pre-Trial Reject St. Louis County - Duluth Jeanetta Kantonen Jeanne m black 29-Sep-2011 Pre-Trial Reject St. Louis County - Duluth Pogatchnik Becky m white 19-Sep-2011 pre-trial reject St. Louis County - Duluth langdon rian m white 23-Nov-2011 Pre-Trial Accept St. Louis County - Duluth Abrahamsen Eldon m white 31-Jan-2012 Pre-Trial Reject St. Louis County - Duluth Pogatchnik Becky M American Indian 01-Nov-2011 Pre-Trial Accept St. Louis County - Hibbing Hooper Ronald M American Indian 02-Nov-2011 Pre-Trial Accept St. Louis County - Hibbing Johnston Polly M American Indian 18-Oct-2011 Pre-Trial Accept St. Louis County - Hibbing Johnston Polly M Black 05-Jan-2012 Pre-Trial Reject St. Louis County - Hibbing Johnston Polly M Black 05-Jan-2012 Pre-Trial Reject St. Louis County - Hibbing Johnston Polly M Black 12-Oct-2011 Pre-Trial Reject St. Louis County - Hibbing Johnston Polly M white 14-Oct-2011 Pre-Trial Reject St. Louis County - Hibbing Passeri Jeff M white 03-Jan-2012 Pre-Trial Accept St. Louis County - Hibbing Hooper Ronald F american indian 15-Nov-2011 Pre-Trial Accept St. Louis County - Virginia Gherardi-Danich Jeriann M american indian 27-Oct-2011 Pre-Trial Reject St. Louis County - Virginia Papin Sam M american indian 28-Oct-2011 Pre-Trial Accept St. Louis County - Virginia Gherardi-Danich Jeriann M black 07-Oct-2011 Pre-Trial Accept St. Louis County - Virginia Frederickson Will M black 11-Oct-2011 Pre-Trial Accept St. Louis County - Virginia Westberg Lara M white 13-Jan-2012 Pre-Trial Accept St. Louis County - Virginia Papin Sam M white 18-Nov-2011 Pre-Trial Accept St. Louis County - Virginia Westberg Lara F white 17-Oct-2011 Pre-Trial Accept St. Louis County - Virginia Drobnick Phillip
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Post-Training Pretrial Release Data StLouisCountyOffice DateOfBirth Gender RaceDescription levelofoffense acceptreject dateofptrassessment St. Louis County-Duluth 10-Jun-1979 M Am Ind/Alaskan Nat gm reject 12-Apr-2013 St. Louis County-Duluth 03-Oct-1989 F Am Ind/Alaskan Nat gm accept 28-Mar-2013 St. Louis County-Duluth 10-Jan-1969 F Am Ind/Alaskan Nat f reject-JUDGE ORDERED ROR 27-Mar-2013 St. Louis County-Duluth 10-Jan-1975 M Black f accept 05-Apr-2013 St. Louis County-Duluth 23-Feb-1968 M Black f accept 15-Apr-2013 St. Louis County-Duluth 28-Apr-1972 M Black gm accept 09-Apr-2013 St. Louis County-Duluth 18-Nov-1981 M White gm accept 23-Apr-2013 St. Louis County-Duluth 19-Sep-1963 M White gm accept 19-Mar-2013 St. Louis County-Duluth 01-Feb-1974 M White f accept 03-Apr-2013 St. Louis County-Hibbing 23-Jan-1985 F Am Ind/Alaskan Nat f accept 23-Apr-2013 St. Louis County-Hibbing 19-Oct-1980 F Am Ind/Alaskan Nat f accept 19-Apr-2013 St. Louis County-Hibbing 22-Jul-1962 m white f reject 25-Apr-2013 St. Louis County-Hibbing 29-Oct-1954 F White f reject 29-Apr-2013 St. Louis County-Hibbing 16-Sep-1958 M White f accept 26-Mar-2013 St. Louis County-Hibbing 30-Dec-1966 M White f reject 14-Mar-2013 St. Louis County-Virginia 26-Jun-1993 F Am Ind/Alaskan Nat f accept 22-Apr-2013 St. Louis County-Virginia 29-Dec-1976 M Am Ind/Alaskan Nat gm accept 05-Mar-2013 St. Louis County-Virginia 06-Oct-1976 F Am Ind/Alaskan Nat f accept 04-Mar-2013 St. Louis County-Virginia 06-Oct-1976 F Am Ind/Alaskan Nat f accept 15-Apr-2013 St. Louis County-Virginia 11-Dec-1968 M Black m accept 03-Apr-2013 St. Louis County-Virginia 26-Jul-1989 M Black m accept 22-Mar-2013 St. Louis County-Virginia 10-Jun-1991 M Black gm accept 29-Apr-2013 St. Louis County-Virginia 15-Oct-1976 m white gm accept 15-Mar-2013 St. Louis County-Virginia 03-Sep-1983 M White m accept 02-Apr-2013 St. Louis County-Virginia 23-Jul-1984 M White f accept 09-Apr-2013
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Appendix D Judge Questionnaire Data Set
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Have you been using the checklist? Has it been helpful? Was the defendant's criminal history information helpful? nature of the circumstances of the offense charged weight of evidence family ties employ financial resources character and mental conditions length of residency criminal convictions prior history of appearing in court prior flight to avoid prosecutio n victim's safety other person's safety community' s safety No No Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Haven't received any information Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No Yes No Yes Yes Yes Yes No No Yes Yes Yes Yes No Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes
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Have you been using the checklist? Has it been helpful? Was the defendant's criminal history information helpful? nature of the circumstances of the offense charged weight of evidence family ties employ financial resources character and mental conditions length of residency criminal convictions prior history of appearing in court prior flight to avoid prosecutio n victim's safety other person's safety community' s safety Yes and No Yes I don't receive this information Yes No No No No No No Yes Yes Yes Yes Yes Yes No
Yes Don't get this info No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Yes
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Would you like training on bail setting? Can you provide time on schedule for training? Would you like any other training? What sort of training? Additional comments Yes Yes No
I thought the checklist was undergoing revisions, so that is why I had not been using it. As for the factors in #4, I consider those when I have that information, which is certaily sporadic at a first appearance Yes Yes No
No No No
Retiring April 11th. Yes Yes No
The ONLY reason I didnt answer these questions is due to my impending retirement on 4/2/14. Otherwise, even after eighteen years on the bench, I would welcome this needed and important training. If you need additional information, I'm on vacation this week and the week of March 3. I'm working the weeks of March 10, 17, and 24. Technically I'[m out March 31-April 2, but I'll probably be in my office clearing it out. If you have questions, please contact me at 201-726-2466. This was important and needed work. I appreciate the efforts of the RJIP staff/volunteers/etc. Heather Sweetland No (We have had it in July 2012) No No
RJIP has been a worthwhile and helpful project for the Sixth Judicial District judges and probation officers; I believe that because of RJIP we are making more informed decisions and reducing pretrial bail and incarceration of offenders charged with felonies No No No
Yes Yes No Nothing in mind I look at the checklist, but not everytime Neutral
Yes Nothing mentioned I haven't been able to get sentencing sheets; I look at the checklist periodically; I don't always get the information suggested on the checklist. Yes Yes Yes nothing in particular
Yes Depends on when and how long No
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Appendix E Project Update Submitted by Toni Poupore-Haats, Research Analyst Arrowhead Regional Corrections March 27, 2014
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UPDATE ON ST. LOUIS COUNTY PRE-TRIAL RELEASE INITIATIVE: 1. Arrowhead Regional Corrections Court and Field Pre-Trial Policies and Procedures have been modified. As a result, nearly every incarcerated client charged with a felony offense is being screened for pre-trial release. The only clients not being screened are those with felony-level charges who, if found guilty, are likely to be sentenced to prison under the Minnesota Sentencing Guidelines.
2. The changes have resulted in an increase in the overall number of clients who are screened for pre-trial release. The total number of clients screened during the four years of the project:
Year Number of Pretrial Assessments 2010 1273 2011 1229 2012 1225 2013 1415
3. In addition to the number of pretrial assessments outlined above, there were additional assessments done on clients who were denied pretrial release, not assigned to a probation officer and therefore never entered into CSTS, our probation database. Our lead information specialists have developed a process for tracking these clients. The total number of these clients include:
Year Number of Pretrial Assessments Not Entered into Probation Database 2010 0 2011 55 2012 124 2013 119
4. The majority of clients who are screened continue to be recommended for pretrial release. In 2013, the percentage of clients recommended for pretrial release increased to 79%.
Year Percentage of Pretrial Assessments that Recommend
5. Arrowhead Regional Corrections developed a new Pre-trial Evaluation Form, based on the Hennepin County pre-trial assessment form. The new form has a point system based on factors that have been tied directly to success or failure on pre-trial release. Factors that are assessed include: current offense level, income source/school status, current problematic chemical use, homelessness/transiency, criminal history, history of failure to appear for court hearings, conditional release violations and violations of probation. The total score provides guidance to the court. In an effort to aid future analysis, the form also includes a place to record the probation officers recommendation and the actual court decision.
6. Arrowhead Regional Corrections also developed a new ARC Pre-trial Release Study Automatic Rejection Recommendation Form. It requires a preliminary pre-trial assessment and is used when the probation officer recommends rejection of pre-trial supervision due to an active warrant or hold, a previous assessment/rejection on the same case with no significant status changes or when there is a pre-trial warrant issued on the same case.
7. The St. Louis County Racial Justice Improvement Project Task Force adopted a Pre-Trial Release Considerations Form and distributed it to St. Louis County judges. It provides guidance to area judges on the use of Pre-Trial Release assessments. The new forms have led to more consistent and objective pre-trial assessments. All Arrowhead Regional Corrections probation officers have received training on pre-trial release forms and procedures.
8. St. Louis County and Arrowhead Regional Corrections (ARC) are committed to continuing their efforts to increase the number of offenders released from pre-trial incarceration. In July 2013, St. Louis County awarded ARC an 18-month, $571,761 grant to expand intensive pre-trial release and community sanctions supervision services.
Intensive Pre-Trial Release Program: Three-quarters of the funding is being used to provide intensive pre- trial community supervision of offenders who were initially rejected for pre-trial release. Two additional probation officers were hired to closely supervise these higher risk offenders, using electronic monitoring services as needed. It allows the offenders to continue their work or schooling, support themselves and their families and receive needed services in the community. During the first six months of the program, more than 50 clients were placed on intensive pre-trial release, saving more than 1500 jail days and more
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than $175,000 in jail costs. The program has been successful in saving jail costs, drastically reducing jail overcrowding and allowing pre-trial offenders to remain in the community.
Community Sanctions Program: One-quarter of the funding is being used to provide close supervision of offenders who have violated their conditions of probation and are at imminent risk of being incarcerated. Instead of being incarcerated, they are able to remain in the community under closer supervision, maintaining their employment or education, supporting their families and receiving community-based services. The program has saved jail costs and allowed offenders to remain in the community while receiving community-based programming. The two Community Sanctions Program probation officers each have a caseload of between 35 and 45 clients at any one time.
Update submitted by Toni Poupore-Haats, Arrowhead Regional Corrections Research Analyst on 3/27/2014