1. Virginia's Evidence Based Decision Making Initiative: Pretrial and More Victoria Cochran, Deputy Secretary of Public Safety and Homeland Security, Office of the Governor Kenneth Rose, EBDM State Team Co-Coordinator Virginia Department of Criminal Justice Services

2. Evidence Based Decision Making in Virginia EBDM Overarching Goal To create a framework for justice systems that will result in improved system outcomes through: – true collaborative partnerships, – systematic use of research, and – a shared vision of desired outcomes.

3. Evidence Based Decision Making in Virginia EBP vs. EBDM EBPs are policies, practices, and/or interventions supported by research – Research finding: empirically-based tools predict risk better than professional judgment alone – EB practice: use of a risk tool to determine appropriate amount of intervention EBDM is a disciplined approach to using data and research to inform and guide decision making across the justice system – Who do we divert? – What do we want to achieve by diverting? – What does the research tell us about the most effective method of achieving our goal?

4. Evidence Based Decision Making in Virginia The EBDM Principles Principle 1: The professional judgment of criminal justice system decision makers is enhanced when informed by evidence-based knowledge. Principle 2: Every interaction within the criminal justice system offers an opportunity to contribute to harm reduction. Principle 3: Systems achieve better outcomes when they operate collaboratively. Principle 4: The criminal justice system will continually learn and improve when professionals make decisions based on the collection, analysis, and use of data and information.

5. Evidence Based Decision Making in Virginia Overview of Local Level EBDM 2008-2013 NIC began its sponsorship of the Evidence-Based Decision Making in Local Criminal Justice Systems (EBDM) initiative in May 2008 In Phase I, NIC built the EBDM “Framework” In August of 2010, NIC selected, on a competitive basis, seven local jurisdictions from across the country to participate in Phase II The same seven sites continued on to the Implementation Phase (Phase III) Phase I Framework Development May 2008-March 2010 Phase II Planning Process June 2010-August 2011 Phase III Implementation August 2011-Dec 2013

6. Evidence Based Decision Making in Virginia EBDM Local Sites (Phases II & III) Grant County (Marion), Indiana Milwaukee County (Milwaukee), Wisconsin Eau Claire County (Eau Claire), Wisconsin Ramsey County (St. Paul) Minnesota County of Albemarle, City of Charlottesville, Virginia Mesa County (Grand Junction), Colorado Yamhill County (McMinnville), Oregon

7. Evidence Based Decision Making in Virginia Overview of Statewide EBDM 2013 and Beyond Participate in a process designed to prepare teams within the state for the EBDM planning phase Engage in EBDM planning activities at state level and in multiple local jurisdictions (i.e., a state team + 6 local teams) Engage in EBDM implementation activities at state level and in multiple local jurisdictions Phase IV Preparation for Expansion Sep 2013 – Dec 2014 Phase V Planning Process Mar 2015 – Mar 2016 Phase VI Implementation Timing TBD

8. Evidence Based Decision Making in Virginia Phase V States Wisconsin Indiana Virginia

9. Evidence Based Decision Making in Virginia Participating Jurisdictions Virginia State EBDM Policy Team Chesterfield County City of Norfolk City of Petersburg Prince William County City of Richmond City of Staunton Indiana State EBDM Policy Team Bartholomew County Hamilton County Hendricks County Jefferson County Porter County Tipton County Wisconsin State EBDM Policy Team Chippewa County La Crosse County Marathon County Outagamie County Rock County Waukesha County

10. Evidence Based Decision Making in Virginia Local EBDM Policy Teams Elected Sheriff Chief of Police Pretrial Director District Attorney Public Defender Jail Administrator Court Administrator Chief Judge Chief Probation Officer City/County Manager Commissioner/Board of Supervisors Victim Advocate

11. Evidence Based Decision Making in Virginia Virginia’s EBDM State Policy Team Secretary of Public Safety and Homeland Security Office of the Executive Secretary, Supreme Court Department of Criminal Justice Services Department of Corrections Sentencing Commission Crime Commission Department of Behavioral Health and Developmental Services Department of Planning and Budget Office of the Secretary for Technology Commonwealth’s Attorney’s Association Indigent Defense Commission Sheriff’s Association Association of Chiefs of Police Victim Assistance Network Virginia Association of Regional Jails Virginia Community Criminal Justice Association

12. Evidence Based Decision Making in Virginia State and Local EBDM Policy Teams Roles and Responsibilities – TA Managers – Role of Coordinators – Capacity Builders

13. Evidence Based Decision Making in Virginia Local Team State Team Phase V In-State Collaborations

14. Evidence Based Decision Making in Virginia Key Justice System Decision Points: State and Local Level EBDM Arrest Pretrial Status Diversion/Deferred Prosecution Charging PleaSentencing Local & State Institutional Intervention Local & State Institutional Release/Parole Release Community Treatment Interventions Violation Response Discharge Local & State Reentry Planning Probation & Parole Interventions

15. Evidence Based Decision Making in Virginia Arrest Mapping

16. Evidence Based Decision Making in Virginia Magistrate/Arraignment Mapping

17. Evidence Based Decision Making in Virginia Change Targets at the Pretrial Stage Arrest – Implement the Proxy to inform the summons/arrest decision – Pre-arrest diversion (LEAD, ANGEL Initiative) Magistrate – Implement a risk screener tool to inform the magistrate bail hearing (Proxy, VPRAI/Praxis) Arraignments – Meaningful first appearance

18. Evidence Based Decision Making in Virginia Change Targets at the Pretrial Stage Meaningful first appearance – Includes representation from the Commonwealth’s Attorney’s Office and indigent defense counsel – Expedited bail reviews Reduce the use of secured bonds – Sharing data with judges – Implement Praxis – Pretrial staff present at arraignment

19. Evidence Based Decision Making in Virginia Change Targets at the Pretrial Stage Sequential Review of Release or Diversion Eligibility – Screening, assessment and recommendation at multiple decision points from initial appearance to adjudication – Subsequent screening, assessment and recommendation that focus on new or updated information about the defendant – Recommendations appropriate to newly assessed risk level – Restrictions against conditions more stringent than the defendant’s risk level suggests to “encourage” release

20. Evidence Based Decision Making in Virginia Change Targets at the Pretrial Stage Mental Health/Substance Abuse – CIT training – Establish mental health dockets or expand divert dockets – Early mental health screening – Crisis stabilization unit Domestic Violence – Implement the LAP to improve victim services Pretrial Diversion – Formalize and institute pretrial diversion options

21. Evidence Based Decision Making in Virginia Change Targets at the Pretrial Stage Probation Violations – Administrative Response Matrix (ARM ) Sanctions (swift/certain) Rewards Risk and research driven – SURE/HOPE Sanctions (swift/certain) – PB15 court processing Length of time from arrest to court hearing Impact on sentencing guidelines

22. Evidence Based Decision Making in Virginia Logic Models

23. Evidence Based Decision Making in Virginia Virginia Pretrial Scorecard At least 65% of eligible individuals charged with a misdemeanor are released on summons At least a 95% Public Safety Rate (no new arrest) for misdemeanant defendants released on summons Less than 25% of low and moderate risk defendants admitted to or remaining in jail more than 3 days At least 90% of defendants do not have bond revoked due to technical violations of release conditions At least an 80% Public Safety Rate (no new arrest) for defendants released by the magistrate pending trial At least a 95% Appearance Rate (no Capias issued for FTA) for defendants released by the magistrate pending trial EBDM Scorecard

24. Evidence Based Decision Making in Virginia Develop a Work Plan 1.Harm reduction goals 2.Logic model 3.Objectives 4.Action steps 5.Determine who is responsible/involved 6.Timing and sequencing 7.Potential barriers to implementation 8.Communications strategy

25. Evidence Based Decision Making in Virginia Impact on Pretrial Services Virginia Pretrial Risk Assessment Instrument (VPRAI) – Revalidation and improvement Praxis – Guides pretrial services recommendation – Assists court in making least restrictive release decision – Guides supervision levels

26. Evidence Based Decision Making in Virginia

27. Victoria Cochran Deputy Secretary of Public Safety (804) 786-5351 Victoria.Cochran@governor.virginia.gov Ken Rose Virginia Department of Criminal Justice Services (804) 225-4329 Kenneth.Rose@dcjs.virginia.gov Evidenced Based Decision Making