Kandiyohi Community Corrections Pretrial Release Bail evaluations Pretrial Supervision Risk Assessments Tami Jo Lieberg Jason Denton Kurt Robak April Jones

Kandiyohi County Community Corrections Mission Statement Kandiyohi County Community Corrections in partnership with the community, provides services to offenders and victims. Our primary goals are to: Promote public safety Adhere to evidenced based practices Strive for impartial accountability Respect individual potential

Managing Risk in Corrections-Community Safety Risk Assessments are designed to identify expected likelihood of a particular outcome, in this case, recidivism over a specified period of time for an individual offender. Validated tools have been found to be more reliable than clinical judgement alone. Accuracy of risk prediction is improved with the use of standardized instruments. Risk scales are not 100% accurate; some low risk cases fail, some high risk cases succeed, but they are better predictive factors than chance or clinic guesses. Risk Assessments are designed as a general assessment or can be validated towards specific populations. Predictive accuracy, reliability, and validity can increase how we manage risk and provide services.

Risk principle Medium and High risk offenders have more opportunity for change –biggest bang for the buck Low Risk offenders - greatest chance to negatively impact, increase criminal behavior DO NO HARM! Targeting resources – where we can have the biggest impact

Risk and Needs Static factors-things that cannot change but can be a risk factor for individuals Criminal History Age at first arrest Dynamic Risk Factors- risk factors that can change Employment Substance Abuse Housing Antisocial thoughts, attitudes and associates Criminogenic Needs-dynamic risk factors that are related to an offenders, propensity for criminal behavior

National Institute of Corrections-Elements of a high functioning pretrial services program 1. Operationalized mission 2. Universal screening 3. Validated pretrial risk assessments 4. Sequential bail review 5. Risk-based supervision 6. Performance measurement and feedback

Essential Elements of Effective Bail Appearance: Bail set at a figure higher than an amount reasonably calculated to [ensure court appearance] is ‘excessive’ under the Eighth Amendment.” Stack v. Boyle 342 U.S. 1 (1951). Safety: Detention may be authorized when defendants are found “after an adversary hearing to pose a threat to the safety of individuals or to the community which no condition of release can dispel.” United States v. Salerno, 481 U.S. 739. 755 (1987). Release: “In our society, liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.” United States v. Salerno, 481 U.S. 739 (1987). Although the legal framework for pretrial decision-making favors release before trial, it also allows the government to impose conditions to reasonably assure public safety and court appearance while facilitating release—and under the extremely limited circumstances where no bail is set and the individual is held pending trial.

What is bail? Although the term “bail” often is used as a synonym for money (or an amount of money) actually, it is a process of release which may or may not involve money. NIC Fundamentals of Bail: “a process of releasing a defendant from jail or other governmental custody with conditions set to provide reasonable assurance of court appearance or public safety.”

Effects of Pretrial Detention- MNDOC pretrial release initiative

MNPAT-Minnesota Pretrial Release Evaluation Form and Assessment Tool. Validated in Hennepin County Will be implemented December 1, 2018 across most Minnesota counties-(Every county is required to implement a validated tool.) Same tool some procedural differences across the state. Statistics and research during the year. The MNPAT is one objective piece of information to be used in addition to a judges experience and discretion to help determine risk. Probation prepares the information, presents it to the court, recommends potential conditions of release, but does not recommend a release decision.

MNPAT Guiding principles Presumption of innocence Presumption of release Public safety Reduce explicit and implicit bias in decision making The role of the judiciary in pretrial release decisions should be protected and preserved

Pretrial Supervision-Essential elements Primary Secondary Setting the stage for success Public Safety Appearance for court

Pretrial Supervision Low Risk - Report to probation office for intake, then receive messages as reminders for court appearances. Medium Risk - Report to pretrial for intake, monthly check-ins with probation officer on the phone and in person. High Risk - Some supervised via EM, bi-weekly check-ins with probation via phone or in person contacts.

Pretrial Violations Majority of individuals are successful under pretrial supervision Most common violations are chemical use, absconding and new criminal charges Improvement in Court appearances with reminders to the individual –saves time and money

Risk Assessment LS/CMI-Adult generalized Risk and Needs Assessment on criminal behavior YLS-Juvenile Risk and Needs Assessment Specialized Assessments MNSTAR-Supervised Release Static Assessment WERNA-Gender specific assessment SEX offenders assessments SARA-Domestic Violence Assessment

LS/CMI-What is it Level of Service/Case Management Inventory (LS/CMI). It combines risk assessment and case management into one evidence-based system. All the necessary tools are here in one single application. The LS/CMI helps probation officers, psychologists, and correctional workers to assess offender’s risk and rehabilitation needs. Assess risk of recidivism-PUBLIC SAFETY. Identify CRIMINOGENIC needs to address and decrease their risk of recidivism. Assessing an offenders attributes and life situations. –RESPONSIVITY Factors.

LS/CMI-Purpose Classification: The First Step in Supervision Use the LS/CMI assessment tool to compute the risks posed by the offender, identifying offender needs requiring intervention, and selecting  appropriate supervision and treatment strategies. Effective supervision-The LS/CMI not only helps determine Supervision Level (such as High, Medium, and Low, for example) but is also instrumental to our agents with Case Planning, Motivation Interviewing, and Cognitive Skills programming. Highest priority is on identifying risks that would jeopardize public safety. Agents, through this tool, will identify criminogenic needs, determine risk based on those needs and then create opportunities for the offender that addresses those needs in order to reduce the offender’s risk to recidivate.

YLS-Myth of scared straight programs Many people think juveniles should be supervised at a high level to “scare them straight” The research finds the opposite effect. The risk principle is key reason why we have to utilize an effective risk assessment tool for juveniles. First time offenders - one may have high risk and high needs, another may need no involvement from corrections to get things back on track.

YLS The YLS is similar to the LS/CMI-Helps to determine a juveniles risk and what needs should be addressed. The YLS can also help us track when an individual is doing well so that we can build on the positive areas while reducing the negative high risk areas.

RISK ASSESSMENT TEAM “RAT” RAT team function- RAT is assigned responsibility for the quality of the LS/CMI’s and other isk assessment produced by KCCC agents. In general, we ensure the implementation of Quality Assurance within the office.  RAT stay informed of changes and clarifications to risk assessments and disseminate of those changes to staff. RAT provides annual LS/CMI Booster trainings for quality assurance purposes to help ensure we are doing the assessments with fidelity as an agency. RAT uses the results of those annual booster trainings to target any areas that agents may need to improve on.