Agenda - 09-01-2015 - 7a - Laserfiche WebLink

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7 argue that the program would be more effective if staff were relocated to the Courthouse and authorized to have appropriate access. Program Oversight Stakeholders were also asked whether oversight by the Sheriff's Office would impair the effectiveness of the programs. Stakeholders universally recognize that the Sheriff is a collaborative partner who is interested in improving outcomes for individuals involved in the criminal justice system. However, stakeholders who have primary responsibility of defending the accused assert that oversight by the Sheriff's Office represents an inherent conflict regardless of the individual holding the Office of Sheriff. Those opposed to Sheriff's Office oversight note concerns over the independence of the Pretrial program and the treatment of information shared with Pretrial staff. They suggest that Pretrial operates best when it is independent from agencies involved in the arrest, detention, defense, and prosecution functions. This ensures that the information provided to Judges is unbiased. Those opposed to Sheriff's Office oversight also reported concerns about how information gained during Pretrial interviews may be used by staff assigned to the Sheriff's Office. Potential participants may be less likely to share information that could further incriminate them, and defense attorneys may limit referrals to the program if their client is speaking to someone aligned with law enforcement. Stakeholders were less concerned about the organizational placement of Drug Court. They recognize that the program requires collaboration, and as long as that feature is maintained, organizational placement is secondary. National Standards and Best Practices—Pretrial Services The National Association of Pretrial Services Association has published a set of standards for pretrial service programs. These standards recognize that pretrial service agencies operate under a variety of organizational structures. However, they emphasize that, regardless of organizational placement, the program should function and be viewed by stakeholders as an independent entity charged with providing information to the court and monitoring and supervising defendants. To facilitate this independence, the standards recommend that the leadership and staff of the pretrial agency should be allowed substantial independence to function as a neutral component of the criminal justice system. The standards also address the treatment of information gathered by pretrial staff. They suggest that information about individual defendants should be treated as confidential. Except for limited purposes, this information should not be used by law enforcement or the prosecution to establish guilt in a current or substantially related case. Finally, the standards advocate for pretrial service agencies to be equipped with appropriate information technology resources to perform their core functions. These resources should allow the agency to manage and track financial performance as well as catalogue information about newly arrested defendants,the results of risk assessments, recommendations made to the court on conditions of release, and participant compliance with the program. In addition to reviewing documented best practice research, an interview was conducted with Timothy J. Murray of the Pretrial Justice Institute on the question of organizational structure. Mr. Murray argues that the effectiveness of a pretrial program is not necessarily influenced by organizational placement. Like the documented best practice research, he recommends that the pretrial agency be recognized as largely independent from the other agencies involved in the process. Mr. Murray also emphasizes the importance of an inclusive governance structure. He strongly urges the County to establish a governance model that is representative of all of the actors in the criminal justice system and operates with transparency and accountability. Page 14