ebdm in milwaukee. mission the mission of the milwaukee county community justice council (cjc) is to...

EBDM in Milwaukee

Mission

The mission of the Milwaukee County Community Justice Council (CJC) is to work collaboratively to ensure a fair, efficient, and effective justice system that enhances public safety and quality of life in our community.

Goals of CJC

• Enhance public safety

• Foster collaboration among agencies

• Create efficiencies in the use of limited resources

• Implement sustainable evidence-based practices

• Educate the community about justice-related

issues• Engage neighborhoods in productive responses to

crime & social disorder

Executive CommitteeMilwaukee County Circuit Court Chief Judge - Jeffrey Kremers

(Chair)Milwaukee County Sheriff - David Clarke, Jr.County Executive - Chris AbeleMilwaukee County District Attorney - John Chisholm Milwaukee County Sheriff’s Office - Richard Schmidt, Inspector County Supervisor - Willie Johnson, Jr. City of Milwaukee Mayor - Tom Barrett City of Milwaukee Chief of Police - Edward Flynn First Assistant Public Defender - Tom Reed Department of Corrections - Roberta Gaither, Regional Chief Community Member - Kit Murphy McNally Office of Justice Assistance - Niki Leicht, Criminal Justice Policy

AnalystMilwaukee Homicide Review Commission – Mallory O’Brien,

DirectorUS Marshall, Eastern District of WI - Kevin Carr (ex officio)

Evidence-Based Decision MakingUsing evidence to inform decisions throughout

the criminal justice system: at the case level, agency level, and system level.

Mapping current criminal justice system process in Milwaukee and identifying key decision points where evidence-based programs/ policies could be introduced. For example:Universal ScreeningDiversion & Deferred Prosecution Agreements (DPA)

Dosage Based SentencingCrisis Intervention Training

(CIT)Bail Determinations

Our commitment to the discipline of EBDM will enable us to hold offenders accountable, reduce the overall crime rate and recidivism, and give taxpayers a better return on the

dollars they invest in criminal justice.

Why is EBDM so critical?

• Current criminal justice system practices are fiscally unsustainable.

• Evidence-based practices produce better outcomes throughout the system, increasing community safety.

• Milwaukee has a disproportionate number of individuals involved with the criminal justice system, contributing to racial disparity . We need to develop/expand more effective and efficient responses.

• Community engagement and support is critically important to improving the justice system.

Department of Corrections Spending

Source: Legislative Fiscal Bureau, Information Papers on Adult Corrections

Prison Admissions by Race (2009-10)

Prison Admissions by County (2007)

While 6.2% of WI’s population is African American, the same population represents 51% of

prison admissions.

While Milwaukee County makes up

16% of the state’s population, it is responsible for 37% of

prison admissions.Source: Council of State Governments Justice Center,

Justice Reinvestment in Wisconsin

Source: Legislative Fiscal Bureau,Information Papers on Adult

Corrections

Why Does the Community Need to be Engaged?

• Community members are more familiar with neighborhood problems than the criminal justice agencies are and may have more practical solutions.

• The effectiveness of the criminal justice system has a considerable impact on the quality of life in your neighborhood.

• Crime and incarceration are not evenly distributed. There are “hot spots” that experience a churning of the population as residents are sent to prison and then return, as less employable adults, to the same neighborhood.

• Costs for these neighborhoods make up a significant percentage of costs for criminal justice, child welfare, and other social services.

Shared Goal - Apply Evidence-Based Decision Making to Pretrial Release and Detention

♦ Enhance Public Safety♦ Good Stewards of Public Funds♦ Best Utilization of Limited and Precious

Resources Jail Pretrial Services Courts Public Defender District Attorney Law Enforcement Treatment Services and Community

Resources

Applying EBDM to Pretrial Release & Detention

Measuring & Managing Risk – What the Evidence Tells Us

♦ Risk is Inherent in Pretrial Release Our system of justice DEMANDS that we take

risk for most pretrial defendants Question is not IF we take risk – Question is

“How well do we MEASURE risk and how well do we MANAGE it”

Release and detention decisions focus primarily on the charge not the risk posed

Pretrial release and detention is oftendetermined by resources not risk Enhancing public safety and being good stewards of public funds requires us to manage release and detention based on

RISK



♦ Risk Principle (pretrial)“Pretrial Risk Assessment in the Federal Court”

(Department of Justice, Office of Federal Detention Trustee, 2009)

Moderate and higher risk defendants who were required to participate in alternatives to detention (ATD)* pending trial were more likely to succeed pending trial

Lower risk defendants who were required to participate in ATD pending trial were more likely to fail pending trial

*Third-party Custodian, Substance Abuse Testing, Substance Abuse Treatment, Location Monitoring, & Housing and Shelter



♦ Monetary bail does improve court appearance rates for higher risk defendants

♦ Monetary bail does not improve court appearance rates for low risk defendants and can have negative consequences

♦ Monetary bail does not improve community safety

♦ Implementing differential pretrial supervision strategies based on pretrial risk does improve pretrial outcomes

♦ Jurisdictions that employ court reminder notification procedures have significantly reduced FTA rates



♦ LAW requires a defendant be released on the least restrictive terms and conditions reasonably necessary to assure court appearance and community safety

♦ RESEARCH demonstrates that if we follow the law we will achieve the best outcomes (and your shared goal)

♦ PRAXIS - puts the law & research into practice

PRAXIS is a tool that puts theoretical knowledge and research into practice


Milwaukee County Research – Pretrial Risk Assessment

♦ Develop pretrial risk assessment tool for use by Milwaukee County which classify risk of pretrial failure for all pretrial defendants EXCEPT domestic violence (FTA & New Arrest)

♦ Data used for analysis provided by Justice 2000 & WCS and includes all (3,202) defendants released between January 1, 2009 and December 31, 2010 to Alcohol and Other Drug Abuse (AODA) program Pretrial Mental Health program GPS program Pretrial OWI program



♦ Examine available common predictors of pretrial outcome

♦ Best predictors of pretrial outcome Cases Filed Prior Failure to Appear in Court Arrested While Out on Bond Employment/Primary Caregiver Residence UNCOPE Score (measure of risk for

substance abuse or dependence)



1.Cases Filed – total number of criminal case filings 1 case = 86.7% (0 points) 2‐3 cases = 81.7% (1 point) 4+ cases = 73.3% (2 points)

2.Prior Failure to Appear in Court – total number of FTAs 0 FTA = 93.3% (0 points) 1 FTA = 79.7% (1 point) 2 FTA = 66.8% (2 points) 3+ FTA = 60.1% (3 points)

3.Arrested While Out on Bond – on pretrial release at the time of the alleged offense No = 82.9% ( 0 points) Yes = 73.0% (1 point)



5.Employment/ Primary Caregiver –primary caregiver or employed full time at the time of the arrest Yes = 85.9% (0 points) No = 77.4% (1 point)

6.Residence – time at current residence 1 year or more = 84.7% (0 points) Less than one year = 78.4% (1 point)

6.UNCOPE Score – total UNCOPE score 0, 1, or 2 score = 85.1% (0 points) 3+ cases score = 75.9% (1 point)



Failure to Appear/New Criminal Activity Rates by Risk Category

Risk Category FTA/NCA (Failure Rates)

I (0-2) 7%II (3-5) 19%

III (6-7) 33%IV (8-9) 41%


Milwaukee County Research – Praxis

♦ PRAXIS is a tool that puts theoretical knowledge and research into practice

♦ Considers the offense type and risk level - 6 grids

♦ Provides guidance for bond types, ranges, supervision levels, and supervised conditions

♦ Does NOT apply to cases involving domestic violence

♦ “The Praxis [provides] … a set of recommendations, a consistent, systematic starting point for the parties and the court to make decisions about bail” Chief Judge Kremers


A grid for almost every offense

Risk level

Bond type & Range

Supervision level

Supervised Conditions

I

II

III

IV

Risk level

Bond type & Range

Supervision level


I

II

III

IV

Risk level

Bond type & Range

Supervision level


I

II

III

IV

Risk level

Bond type & Range

Supervision level


I

II

III

IV

Risk level

Bond type & Range

Supervision level


I

II

III

IV

Risk level

Bond type & Range

Supervision level


I

II

III

IV

Misdemeanor/Cr Traff

Misdemeanor/risk injury

OWI misdemeanor

Felony

Felony/risk injury

OWI Felony


♦ Considers the offense type and risk level - 6 grids Grid 1 – Misdemeanor and Criminal Traffic

(Excluding OWI and Risk of Injury)

Grid 2 – Misdemeanor Risk of Injury (Excluding Domestic Violence)

Grid 3 – Felony (Excluding OWI and Risk of Injury)

Grid 4 – Felony Risk of Injury (Excluding Domestic Violence)

Grid 5 – Misdemeanor Operating While Intoxicated

Grid 6 – Felony Operating While Intoxicated



♦ Bond Types and Ranges

Personal Recognizance [Low] = $0 to $250

Personal Recognizance [Moderate] = $250 to $750

Personal Recognizance [High] = $750 to $2,500

Cash [Low] = $0 to $500

Cash [Low/Moderate] = $500 to $2,500

Cash [Moderate] = $2,500 to $10,000

Cash [High] = Minimum of $10,000



♦ Supervision Levels

STANDARD

ENHANCED

INTENSIVE

Face-to-Face Contact MonthlyEvery other week

Weekly

Alternative Contact (phone, text, e-mail)

1 x/month

Every other week

NA

Supervised Conditions Compliance Verification

As authoriz

ed

As authorize

d

As authori

zedCourt Date Reminder X X XCriminal History/CJIS

Check X X X



♦ Conditions Authorized

CONDITION Authorized when the defendant:

DRUG TESTINGIs eligible for supervision according to the Praxis

AND Scores 3 or greater on UNCOPE

PORTABLE BREATHALYZER

TESTING

Is eligible for supervision according to Grids 1-4 of the Praxis AND Scores 3 or greater on UNCOPE OR

Is eligible for supervision on OWI Grids 5-6

GPS MONITORING

Qualifies for Intensive Supervision on Grids 2-4 ORConcern exists for victim safety/no contact

monitoring


Praxis Preview

Professional judgment

Actuarial research

Professional judgment

+Actuarial research

Praxis HypotheticalShirley, 42, charged with burglary while

armed, PTAC, breaking into home of mother of boyfriend’s other child, to settle a score

4 previous cases filed1 previous FTAPrimary caregiver Residence < 1 yrUNCOPE score of 3



4 previous cases filed [2 pts]1 previous FTA [1 pt]Primary caregiver [0 pts]Residence < 1 yr [1 pt]UNCOPE score of 3 [1 pt]



4 previous cases filed, most recent in 19901 previous FTA, most recent in 1990Primary caregiverResidence < 1 yr UNCOPE score of 3



4 previous cases filed1 previous FTA, 2010, extradited from

Mexico Primary caregiverResidence < 1 yr UNCOPE score of 3

Milwaukee County Next Steps


Evidence-Based Decision Making Initiative System ScorecardFour Commitments We Make to Criminal Justice in Milwaukee The Milwaukee County Criminal Justice Council, a collaboration of all stakeholders

in Milwaukee’s justice system, is firmly committed to greater accountability in criminal justice and better stewardship of criminal justice resources.

To make this vision a reality, we are implementing Four Systemic Changes with the assistance of the National Institute of Corrections and the Bureau of Justice Assistance.

By applying what research and data tell us about what works in protecting the community, holding offenders accountable and making the smartest possible use of our limited resources, by the end of 2013 we will:

1. Reduce by 25% the number of people with mental health needs who lose their benefits due to being jailed or losing housing, and increase by 25% the number of individuals with mental health needs who are reconnected to the services they need within 20 days after arrest.

2. Safely release and/or supervise 15% more pretrial detainees in the community rather than in jail, generating at least $1,000,000 in savings that can be reinvested in the community, and at the same time reduce by at least 40% the already low rates at which defendants waiting for trial fail to follow pretrial rules.

3. Divert or defer prosecution in 10% more cases than we do currently, holding offenders accountable, compensating victims and reducing recidivism, while generating at least $350,000 in savings that can be reinvested in the community.

4. Demonstrate in a pilot project that by terminating probation as soon as an offender in need of treatment has received sufficient treatment, we can cut the cost of probation by at least 50% and at the same time reduce probation recidivism by 50%

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