1. Pretrial & Diversion Focus Group Presentation to the Board of Corrections January 6, 2009

2. Introduction Summary of Work to date Recommendations of CAAC / Luminosity Reports

3. 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

4. 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 Womens Re-entry center in Penobscot County Other programming including cognitive groups, batterers programs, and transitional programs throughout the state

5. 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

6. Other In-House Programs

7. 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

8. 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

9. Outcomes and Savings

10. 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, 44014, 4404,4354,957 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

11. 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) 129,335127,2178,64914,708 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

12. VOA Outcomes 20072008 Pretrial Services Avg. Statewide Tech. Viol. Rate13.25%9.6% Avg. Statewide Crim. Viol. Rate3.75%6.15% T.30-A Home Release Avg. Statewide Tech. Viol. Rate1.45%.9% Avg. Statewide Tech. Viol. Rate0<1%

13. VOA Outcomes (Cont.) 20072008 Pretrial Clients Served415311 Failure to Appear Rate<1%0

14. Maine Pretrial Services, Inc. - Outcomes 20072008 Pretrial Services Avg. Statewide Tech. Viol. Rate12%14% Avg. Statewide Crim. Viol. Rate5%7% T.30-A Release Avg. Statewide Tech. Viol. Rate2.7%<1% Avg. Statewide Tech. Viol. Rate<1%<1%

15. Maine Pretrial Outcomes – Cont. 20072008 Pretrial Clients Served13431441 Failure to Appear Rate1%1%

16. VOA Alternative Sentencing Outcomes 2007 2008 Bed Days Saved 321218 Cost Saved* $7062 - $38,841 $4796 - $26,378 Community Service hrs 97025901 (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

17. Androscoggin County – Alternative Sentencing Outcomes (No hard data available – the following is based on estimates) Est. Annual Clients Served:175 (1 st offender) 125 (2 nd 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

18. Short Term Recommendations

19. 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.

20. 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.

21. 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

22. 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?

23. 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

24. 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.

25. Longer Term Recommendations (beyond beds and bodies)

26. Infrastructure for policy/ accountability/ uniformity Improve upper-level collaboration between the judiciary, DAs, 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

27. 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.)