NJ Judiciary Criminal Justice Reform New Jersey Association of Counties December 18, 2015

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1 NJ Judiciary Criminal Justice Reform New Jersey Association of Counties December 18, 2015

2 Introduction This presentation will: Provide a brief overview of the new bail law. Show current and proposed system screens to support the workflow from complaint entry by law enforcement through the pretrial release decision. Highlight the importance of partnerships throughout the criminal justice system. Provide examples of how processes can be made more efficient (Passaic County experience). Answer questions and solicit feedback. February 6,

3 Introduction Criminal Justice Before N.J. historically relied on setting monetary bail A 2013 study revealed 12% of the county jail population statewide could not afford a modest bail of $2,500 or less yet posed little danger of flight Defendants with access to funds can be released on substantial bail even if they pose a danger to the community. Cases lingered for years from arrest to trial because N.J. did not have speedy trial statutes or rules February 6,

4 Introduction The transformation of the Criminal Justice System is a joint effort of the Judiciary, the Executive and Legislative Branches, and the Arnold Foundation. Joint Committee on Criminal Justice was convened in late 2013 Chaired by Chief Justice Stuart Rabner Included: Attorney General and Public Defender Leaders and senior staffers with the Legislature and Governor s office Judges and Judiciary staff The American Civil Liberties Union The Association of Criminal Defense Lawyers The New Jersey Bar Association Attorneys and interested advocacy groups February 6,

5 Introduction Criminal Justice Going Forward Bail reform will be based on objective risk factors that are not related to a persons wealth. New risk based bail procedures will be focused on, risk for non appearance, risk to reoffend while on bail, risk the defendant will obstruct the criminal justice process. A person may be detained pretrial based upon a high risk for non appearance, reoffending, obstruction of justice. If detained they must be tried within specified time frames. Low risk defendants will be released on conditions and monitored by pretrial services. February 6,

6 Review of Bail Reform Legislation Effective January 2017, L. 2014,c.31 requires the preparation of a risk assessment and recommendation on conditions of release, if any, for every eligible defendant. The risk assessment is required to be objective, standardized and developed based on an analysis of empirical data and risk factors relevant to the risk of failure to appear and danger to the community. N.J.S.A. 2A:162-25(c)1. An eligible defendant is one for whom: A complaint-warrant (CDR-2) has been issued, the arrest on the CDR-2 was on or after January 1, 2017 regardless of when the offense occurred, and is committed to jail. February 6,

7 Review of Bail Reform Legislation The risk assessment is required to be completed and presented to the court so it can make a pretrial release decision no later than 48 hours after the eligible defendant's commitment to the jail. N.J.S.A. 2A:162-25(b). *It is the Judiciary s goal to prepare the recommendation and pretrial release determination within 24 hours. A November 2014 constitutional amendment allows a judge to detain eligible defendants upon motion of the prosecutor. High risk defendants who have the financial means to post monetary bail will not be allowed to do so. The AOC Administrative Director is required to establish and maintain a Pretrial Services Program. N.J.S.A. 2A:162-25(a). February 6,

8 Review of Bail Reform Legislation Court Rules will be revised and new processes created to address the obligations of the statute. When a complaint-warrant is issued and an eligible defendant is committed to jail, pretrial services staff in Superior Court will review information compiled and draft a recommendation to assist the judge in making a release determination. If an eligible defendant is released with conditions, pretrial services staff will be assigned to monitor conditions of release. The speedy trial provisions of the law will require aggressive timeframes for completion of a criminal case. February 6,

9 Review of Bail Reform Legislation Speedy Trial applies to: An eligible defendant for whom a complaint-warrant was issued and the arrest occurred on, or after, January 1, 2017, regardless of when the offense occurred and The initial charge involved an indictable or a disorderly persons offense and the defendant is: (1) detained pursuant to the pretrial detention provisions of the bail law, or (2) detained in jail due to an inability to post monetary bail. Speedy Trial does NOT apply to: Persons for whom a complaint-summons was issued Persons for whom a complaint-warrant was issued prior to January 1, 2017 February 6,

10 Review of Bail Reform Legislation There are three different Speedy Trial time standards: 1. Pre-Indictment days not including excludable time. An eligible defendant shall not remain detained in jail for more than 90 days following the date of the defendant s commitment to the county jail, not counting excludable time. 2. Post-Indictment days not including excludable time. An eligible defendant who has been indicted shall not remain detained in jail for more than 180 days on that charge following the return or unsealing of the indictment, whichever is later, not counting excludable time before commencement of the trial. February 6,

11 Review of Bail Reform Legislation 3. Overall years not counting excludable time attributable to the defendant and the prosecutor is not ready to proceed to trial. An eligible defendant shall be released from jail on ROR or conditions set by the court if, two years after the court s issuance of the pretrial detention order for the defendant, excluding any delays attributable to the defendant, the prosecutor is not ready to proceed to voir dire or to opening argument, or to the hearing of any motions that had been reserved for the time of trial. ***Note that there are 13 different categories of excludable time contained in the Bail Law. February 6,

12 Public Safety Assessment With the support of the Laura and John Arnold Foundation, the Judiciary is working Luminosity to develop a Public Safety Assessment (PSA) for New Jersey. The PSA will provide judges with objective, data-driven information about the risks a defendant poses if released before trial. The PSA assesses the likelihood that the defendant will be 1) arrested for a new crime, 2) arrested for a new violent crime, or 3) fail to appear in court. February 6,

13 Public Safetly Assessment Data Sources The PSA will utilize data from the following sources: CCH/NCIC Criminal Case History (fingerprints needed) PROMIS/Gavel Superior Court Criminal ATS/ACS Municipal Complaints and Traffic CCIS County Corrections Information System Additional information may be provided for the Judge s review from the following sources: FACTS Family Automated Case Tracking System FV/FO Domestic Violence/Other FJ - Juvenile Data CAPS Probation Supervision February 6,

14 The following slides provide information regarding the municipal court process. 14

15 Municipal Court process There are generally two ways the criminal justice process begins: A complaint-summons is issued Currently, no bail is set. This process will NOT change. Defendant charged on a complaint-summons will be released from custody and not subject to the bail law. A complaint-warrant is issued- Currently, bail is set on a complaint-warrant. This process WILL change. NO monetary bail at the municipal court. Defendant will be be transported to the jail. February 6,

16 Municipal Court process Two very important portions of the new law: A law enforcement officer is not allowed to apply for a complaint-warrant except in accordance with guidelines established by the Attorney General. N.J.S.A. 2A:162-16(c). Note: These guidelines have not yet been issued. A court may not issue a complaint-warrant except as may be authorized by the court rules. N.J.S.A. 2A:162-16(c). Note: The guidelines for issuance of a complaint-warrant are contained in R. 3:3-1(c). The rules are being reviewed and recommended revisions are being considered. February 6,

17 Municipal Court process The warrant / summons decision is a critical point in the bail reform process. This is the decision point which determines whether the defendant is released or temporarily detained at the county jail. Through ecdr, a Municipal Court Judge or Court Administrator will have a version of the PSA to assist in the decision. The PSA will provide a summary of criminal history as well as a preliminary risk score. ecdr will enable the judicial officer to deny a warrant and instead issue a summons where the risk score would indicate this is appropriate. February 6,

18 Importance of the Fingerprint Process Identification of the defendant is critical to the risk assessment process. The Judiciary is working with the Attorney General s Office and State Police to ensure all person s arrested are fingerprinted and obtain an SBI number in order to properly identify individuals. Process change - Fingerprint first complaint second. February 6,

19 General Party Information All Systems ACS Prom/Gav CCIS FACTS FO/FV CAPS # Cases * Commitments 11,960,000 3,318,000 3,372,000 1,117,000 N/A # Defendants *Inmates, Clients, Mstrpty 11,132,000 1,772,000 1,345,000 3,003, ,000 # Aliases 12,412,000 2,891, , ,000 1,653,000 # Defendants w/ SBI 3,200,000 1,220, , , ,000 # Defendants w/distinct SBI 971, , , , ,000 # Defendants w/verified SBI *verified = State Police endorsed 3,182,000 1,857,000 42, ,000 0 # Defendants w/verified SBI and matched in ACS 1,621, , , ,000 # Defendants w/ Address 1,376,000 3,206,000 3,315,000 11,430,000 2,016,000 # Defendants w/ Birth Date 5,560,000 1,413,000 3,372,000 2,640, ,000 # Defendants w/ Driver License Number 3,046, , , , ,000 # Defendants w/ FBI Number 32, , ,000 29, ,000 # Defendants w/ SSN Number 140, , ,000 1,022, ,000 February 6,

20 Defendant Arrested and Fingerprinted into Live Scan Fingerprint Card is digitally printed after officer enters defendant identification, demographics and charge information into Live Scan Live Scan sends digital record to State Police CCH system where a new arrest record is created State Police will send the AOC a arrest record for each arrest February 6,

21 CCH Livescan Arrest Record Interface Benefits of Livescan Interface: Once operational, law enforcement will be able to select the appropriate fingerprint/complaint record and quickly prepopulate the ecdr screen with data that the officer previously entered into LiveScan Provide an improved process of connecting an arrest record (and SBI number) to a complaint record, greatly improving the automatic flagging ratio Will ensure that DNA required offenses are appropriately identified and law enforcement is prompted to perform the DNA swab if required Will significantly improve the completeness of the criminal history records as many thousand more cases will be flagged and aligned with the appropriate charges and case dispositions issued by the court February 6,

22 Algorithm to supplement CCH data Judiciary, with assistance from IBM, is developing an algorithm that will supplement CCH data with additional information from Judiciary databases. Algorithm must be standard so defendant records are correctly identified across systems. May require data weighting Pretrial services staff in Superior Court will need to review near-matches and duplicate charges. February 6,

23 The following slides provide information regarding the use of ecdr to enter the complaint by law enforcement and issue the complaint-warrant by the judicial officer. 23

24 Usage of ecourts to create efficiencies The Judiciary, building upon our ecourts Criminal application, is working to develop an automated risk assessment, interview, communication and monitoring system. ecourts will assist judges, staff and attorneys in meeting the requirements of the statute. ecourts provides the following advantages: Supports simultaneous access for multiple user groups e.g., judges, staff, prosecutors, PDs, wardens, police Efficiency of processing and receipt of information Instant recording of case actions Instant electronic notifications Recordation and tracking of speedy trial time frames February 6,

25 Law Enforcement Officer Current Sign On for Law Enforcement February 6,

26 Law Enforcement Officer New Live Scan Option for Police CLICK LIVE SCAN BUTTON TO SHOW RECENT ARRESTS Law enforcement officer selects Complaint Generation and complaint type of W-Warrant February 6,

27 Law Enforcement Officer Enter Defendant Data Live Scan Data if Prefilled February 6,

28 Law Enforcement Officer Police Review the complaint in draft status February 6,

29 Judicial Officer Judicial Officer reviews Probable Cause list Complaint appears on the Judge/Court Admin s Issue Process List Municipal Court Administrator selects the complaint February 6,

30 Judicial Officer Judicial Officer Determines Probable Cause and Reviews PSA The Judicial Officer will have the ability to access this function remotely via mobile device and will be able to run the risk assessment tool After probable cause is found, the judicial officer can run the PSA. Judicial Officer clicks Submit to finalize and issue the complaint February 6,

31 ecourts Case Jacket Complaint Appears in ecourts Case Jacket Home Logout Case Jacket mutest1 Logged in CDR: W Back Print Defendant: KELLY C CONNELL Case Actions Filed Date Defendant Name Filings Docket Text Transaction ID Entry Date Entered by 12/8/2014 CONNELL, KELLY C 1 Municipal Complaint - W MCS /8/2014 PDTEST1 12/9/2014 CONNELL, KELLY C 1 PRETRIAL RISK ASSESSMENT generated for re: [1] COMPLAINT WARRANT - W CRM /9/ :03 AM JUSM10 Back Print Copyright 2013 New Jersey Judiciary The complaint appears in ecourts Case Jacket when warrant is issued. Municipal courts will have access to this electronic file. ecourts notification will automatically be sent to the Prosecutor ecourts notification will automatically be sent to the PD ecourts notification could be sent to county jails February 6,

32 The following slides provide information regarding the process after a warrant is issued and a defendant is committed to the jail. 32

33 Criminal Division Pretrial Services Staff Risk Assessment Alert Appears on ecourts Criminal Work List Risk Assessment appears on the ecourts Work List for Pretrial Services Staff to run the Risk Assessment tool Time Remaining column will alert staff when the 48 hour timeframe to make a decision is in jeopardy of being exceeded February 6,

34 Pretrial Services Assessment Tabs Public Safety Assessment High level summary of the risk assessment score Provides court history, warrants, charges, dispositions, etc. Interview Based on 5A interview with defendant Includes demographics, education, employment, etc. Recommendations Risk Level Standard/Special Conditions Proposed Order generated Judicial Decision Reviews assessment details and recommendations Issues statement of reasons if he/she deviates from Pretrial Services recommendation Revises/Approves Order February 6,

35 Criminal Division Pretrial Services Staff Risk Assessment Prepared Interview Interview is conducted by Pretrial Services Staff, which will include collecting information for the 5A February 6,

36 Judge Judicial Decision Tab Judge reviews the proposed order containing the recommendations Judge can either approve or modify the order February 6,

37 The following slides show the speedy trial information available in the ecourts system. 37

38 Speedy Trial - Open Case List February 6,

39 Case Jacket Speedy Trial Section February 6,

40 Case Jacket Speedy Trial Section Vacated Excludable Time Order Approved Excludable Time Order Original Excludable Time Order subsequently amended Approved Amended Excludable Time Order February 6,

41 Questions? Comments? Feedback? 41

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