Orange County NC Website
Browse       Search
5 <br /> Against this backdrop, the Pretrial Working Group came together in 2019 to explore what additional <br /> steps the county could take to further improve its pretrial system. A primary focus of discussion was <br /> eliminating the negative consequences that flow from unnecessary pretrial detention of individuals who <br /> do not present any significant risk but who remain detained pretrial because they are unable to afford <br /> money bonds imposed in their cases.After that convening, a subcommittee identified two priority areas <br /> for reform: (1) a structured decision-making tool for use by the magistrate at the initial appearance; and <br /> (2) a more nuanced approach for dealing with first time non-appearances in district court by individuals <br /> charged with misdemeanors.The County and District 18 Judicial Bar subsequently engaged Professor <br /> Smith from the UNC School of Government to help the Working Group develop tools to address these <br /> priority areas. In 2020, Smith worked with the subcommittee and the larger Working Group, facilitating <br /> their development of the tools described in this report. <br /> Working Group participants included: <br /> • Superior Court Judge Allen Baddour <br /> • District Court Judge Samantha Cabe <br /> • Chief Magistrate Tony Oakley <br /> • Orange County Commissioner Renee Price <br /> • District Attorney James Woodall <br /> • Assistant District Attorney Byron Beasley <br /> • Assistant Public Defender Phoebe Dee <br /> • Chapel Hill Chief of Police Chris Blue <br /> • UNC Police Chief David Perry <br /> • Orange County Sheriff Charles Blackwood <br /> • Clerk of Superior Court Mark Kleinschmidt <br /> • Caitlin Fenhagen, Criminal Justice Resource Director, Criminal Justice Resource Department <br /> • Ted Dorsi, Orange County Pretrial Services, Criminal Justice Resource Department <br /> • Jeff Hall, Orange County Bail Bond Justice Project <br /> • Probation and Parole Chief Mike Rakouskas <br /> • Hathaway Pendergrass, Board Representative,Justice Initiatives <br /> • Jennifer Marsh, Self-Help Credit Union <br /> • Madison Burke, Director of Court Advocacy, Compass Center for Women and Families <br /> Recommended Reforms <br /> Magistrate's Structured Decision-Making Tool <br /> In Orange County, Pretrial Services interviews in-custody individuals and performs a release assessment <br /> using the VPRAI-R risk assessment tool.'This information is provided to the district court judge presiding <br /> over the first appearance and to the public defender and prosecutor involved in that proceeding. Local <br /> resourcing does not allow for use of the VPRAI-R at the first bail determination,the initial appearance <br /> held before the magistrate.Although the existing local bail policy contains strong language favoring <br /> conditions other than secured bond, secured bonds are being imposed in the majority of cases, including <br /> highest charge misdemeanor cases.'Additionally,there was some concern that the lack of detailed <br /> guidance for magistrates allows for inconsistent pretrial decisions in similar cases. Other North Carolina <br /> jurisdictions have adopted structured decision-making tools for use at the magistrate stage. Eight North <br /> 'Virginia Pretrial Risk Assessment Instrument-Revised. <br /> 6 See SMITH AND HATTON,supra note 4. <br /> 2 <br />