Agenda - 03-02-2021; 4-c - Presentation on Orange County Bail Reform Initiatives

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4 Report of the Orange County Pretrial Working Group' May 2020 (Revised Sept. 2020)2 Contents Background...................................................................................................................................................1 RecommendedReforms ...............................................................................................................................2 Magistrate's Structured Decision-Making Tool ........................................................................................2 Responses to Non-Appearances in Criminal District Court ......................................................................3 NextSteps.....................................................................................................................................................4 Appendix A: Magistrate's Structured Decision-Making Tool........................................................................5 Appendix B: Responses to Non-Appearances in Criminal District Court......................................................9 AppendixC: DWLR Procedures...................................................................................................................10 This report summarizes the work of the Pretrial Working Group and its recommendations to promote public safety and a fair and effective pretrial justice system in Orange County. Background Orange County has implemented a number of reforms to improve its pretrial system.Among other things, it has a county-funded pretrial services program, adopted an empirical risk assessment tool to inform judges' decision-making about pretrial conditions, established a "strike order court" affording relief from court non-appearances in appropriate cases, instituted pre-arrest diversion with law enforcement support, and established specialized courts to more effectively address the needs of those who enter the criminal justice system because of underlying issues such as poverty, homelessness, substance use and mental health concerns.Additionally, local police departments and the sheriff's department have implemented policing practices, such as citation in lieu of arrest,to promote the county's pretrial goals. Notwithstanding these efforts and the statutory mandate that conditions other than secured bond must be imposed unless the judicial official finds certain factors,3 data show that secured bonds are the most common condition of pretrial release used in the county, even in misdemeanor cases.4 Additionally, stakeholders reported concerns that low-risk individuals were being unnecessarily detained pretrial on money bonds they could not pay. 1 This report was prepared for the Working Group by Jessica Smith,W.R. Kenan Jr. Distinguished Professor and Director,Criminal Justice Innovation Lab, UNC School of Government. 2 September 2020 revisions include non-substantive adjustments to the magistrates'tool to address issues identified prior to implementation, ensure necessary data collection for the planned empirical evaluation, and ensure that existing local policy guidance is preserved in the tool;and deletion of the draft Implementation Plan, which became an internal working document. 3 G.S. 15A-534(b).The statute provides that in granting pretrial release,the judicial official "must" impose a written promise,custody release or unsecured bond "unless he determines that such release will not reasonably assure the appearance of the defendant as required;will pose a danger of injury to any person;or is likely to result in destruction of evidence,subornation of perjury,or intimidation of potential witnesses." 4 In 2019,secured bonds were imposed in 58%of highest charge misdemeanor cases.See JESSICA SMITH AND Ross HATTON,2019 NORTH CAROLINA CONDITIONS OF RELEASE REPORT(2020), https://coil.sog.unc.edu/files/2020/02/2019- Conditions-of-Release-Report.pdf. 1