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

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6 Carolina counties already use such tools.'The first jurisdiction to adopt such a tool was Judicial District 30B,which in January 2019 implemented a set of reforms, including a structured decision-making tool for use at the magistrate stage.An empirical evaluation of that effort showed promising results. Specifically, in 2019 the percentage of cases in the District receiving a condition other than secured bond increased 43.79%. In that same time period,the district experienced only a 1.10 percentage point increase in the number of defendants incurring a new criminal charge during the pretrial period, and only a 1-2 percentage point increase in court non-appearance rates.'These results caused Working Group members to focus on adapting the structured decision-making tool used in Judicial District 30B to local needs and circumstances.The result of that effort is the structured decision-making tool for Orange County magistrates presented in Appendix A. Key features of the tool include: • Creating a presumption for conditions other than secured bond for non-DWI Class 1-3 misdemeanors. • Screening for all other offenses using an easily implemented checklist of defendant-and offense-specific factors designed to quickly identify other low-risk defendants who can be released on conditions other than secured bond. • Expressly incorporating into the magistrate's decision-making process the statutory determination under G.S. 15A-534(b), requiring imposition of a written promise, custody release, or unsecured bond unless the decision-maker finds that such conditions will not reasonably assure appearance, will pose a danger of injury to any person, or are likely to result in the destruction of evidence, subornation of perjury, or intimidation of potential witnesses. • Allowing for release to Pretrial Services at the magistrate stage as an alternative to a secured bond, when such release sufficiently mitigates pretrial risk. • Requiring documentation of reasons for imposing a secured bond. • Requiring that ability to pay be considered when setting a secured appearance bond, and that the ability to pay determination be made as to the total amount of the bond, not the percentage paid for a bail bond. • Requiring a detention bond hearing when a defendant is detained pretrial. • Providing a maximum bond table. • Preserving the magistrate's discretion to deviate from the tool's recommendations. Responses to Non-Appearances in Criminal District Court Stakeholders reported that the most common response to a non-appearance in district court was issuance of an Order for Arrest and imposition of a secured bond, even for first missed court dates in lower level misdemeanor cases. Pretrial Services reported that a significant number of lower level misdemeanor defendants were in jail on such conditions. Understanding that non-appearances can occur for a variety of reasons, including lack of notice of court dates,transportation or childcare issues, or an inability to get time off from work,the Working Group desired a process that encouraged a "second chance"for lower level defendants who miss a single court date or have good cause for their 'The relevant counties include: Haywood,Jackson, Forsyth,Washington, Beaufort, Hyde,Terrell, and Martin.See JESSICA SMITH,NCJUDICIAL DISTRICT 21 BAIL REFORM PROJECT(2019), https://cuil.sog.unc.edu/files/2020/01/Prolect- Report-JD-21.pdf;JESSICA SMITH,NC JUDICIAL DISTRICT 2 BAIL REFORM PROJECT(2019), https://cail.sog.unc.edu/files/2020/01/Protect-Report-JD2.pdf;JESSICA SMITH,NORTH CAROLINA JUDICIAL DISTRICT 30B PRETRIAL JUSTICE PILOT PROJECT,FINAL REPORT,PART I:BACKGROUND,PROCESS&IMPLEMENTED REFORMS(2020), https://cail.sog.unc.edu/files/2020/04/March-2020-Final-Report-30B-Protect-Part-1.pdf. 'See UNC School of Government Criminal Justice Innovation Lab,District 30B Bail Reform, https://ci il.sog.0 nc.edu/areas-of-work/bail-reform-2-0/district-3Ob-bail-reform/. 3