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1 Presenters: Linda Freeman Amir Chapel

2 Advantages of Pretrial Risk Assessments

3 Each year, 12 million people are booked into local jails across the country. The vast majority for nonviolent crimes. More than 60% of inmates in our jails today are awaiting trial, and we spend more than $9 billion annually to incarcerate them. Inmates in NM charged with a felony in an unsentenced status have a median length of stay of 147 days, while inmates that spend time sentenced and unsentenced have a median length of stay of 228 days.

4 The goal of most criminal justice decision makers is to detain defendants who pose a risk to public safety particularly those who appear likely to commit crimes of violence and to release those who do not. Less than 10% of judicial officers across the country use pretrial risk assessment tools to make these decisions.

5 Very few jurisdictions are using actuarial/researchbased instruments to guide decision making -- If a tool is in use it may lack validity -- Periodic tests of valid tools often lacking as well Leads to the potential bias in decision making Leads to overreliance on bail Leads to increases in jail expenditures -- Increased costs already on depleted county budgets

6 The Laura and John Arnold Foundation (LJAF) in a recent study have found that defendants who are high-risk and/ or violent are often released while low-risk, non-violent defendants are frequently detained. LJAF has developed the KPRA-S to assess inmates with high predictability without the need for costly and timely interviews. LJAF has also shown that low-risk defendants detained pretrial are more likely to commit new crimes and more likely to failure-to-appear (FTA). In other words failing to appropriately determine level of risk defendant poses impacts future crime and violence.

7 Predictors of Pretrial Failure Primary charge Pending charges Prior misdemeanor arrests Prior felony arrests Prior failures to appear Employment status Residence status Substance abuse Static Factors are strongest predictors Dynamic Factors less predictive or not predictive at all

8 Pretrial Risk Assessments Should Be validated to assure accuracy Equitably classify defendants regardless of race, ethnicity, gender, or socioeconomic status Be consistent with applicable state statutes Use appropriate assessment tool for corresponding offender type Use of Separate Assessment Tools for Special Populations 60% 50% 40% 30% 20% 10% 0% 42% 27% 13% 5% 5% 4% 50%

9 Identify the Risk Level Once we identify the risk level we can manage the defendants appropriately Low risk defendants can be safely released with limited or no conditions Moderate and Higher risk defendants can be best managed by using appropriate release conditions

10 Maine s Pretrial Risk Assessment Instrument 1. Charge Type Felony or Misdemeanor Pending Charge(s) Yes or No Criminal History Yes or No Two or More FTA Convictions Yes or No Two or More Violent Convictions Yes or No Less than 1yr at Current Residence Yes or No >2 yrs continuous employment/primary child caregiver Yes or No History of Drug Abuse Yes or No 1 0 Risk Level LOW-1 BELOW AVERAGE-2 AVERAGE-3 ABOVE AVERAGE-4 HIGH-5-9 TOTAL 9

11

12

13

14 Current State of Affairs for New Mexico Women in the Criminal Justice System

15 Does New Mexico house more females in jail compared to the national average? YES

16 Nationally, the percentage of females in jail is 14%. On June 30, 2013, in New Mexico the percentage of females in jail was 16.7%. 20% 15% 10% 5% National vs New Mexico Rates 14% 16.7% 0% National Percentage New Mexico Percentage

17 Nationally the female jail population increase by 10.9% from midyear 2010 to midyear % 40% 30% Female Population Percentage Increase from MidYear MidYear % In New Mexico the female jail population increased 38.1% for the same time period 20% 10% 0% 10.9% National Percentage Increase New Mexico Percentage Increase

18 Does New Mexico house more females in prison compared to the national average? YES

19 Nationally females comprised 7.1% of the prison population on December 31 st, % 8% 6% Percentage of Female Population in Prison on December 31st, % 9.5% In New Mexico females comprised 9.5% of the state s prison population on December 31 st, % 2% 0% National Percentage New Mexico Percentage

20 July 2013 Prevalence of Adverse Childhood Experiences & Victimization among New Mexico s Female Inmate Population Implications for Correctional Programming The Adverse Childhood Experience (ACE) questionnaire was developed in San Diego and looked at the relationship between adverse childhood experiences and specific health outcomes.

21 A retrospective cohort study of 8,613 adults showed that individuals who experienced five or more adverse childhood experiences were 7 10 times more likely to report illicit drug use and addiction. The data analyzed in this report was designed and collected by NMIVDCR. The survey was conducted during the course of 10 visits to the NMWCF in Grants, NM between February and November 2010.

22 July 2013 Prevalence of Adverse Childhood Experiences & Victimization among New Mexico s Female Inmate Population Implications for Correctional Programming Specifically we explored the prevalence of ACE in the NMWCF population compared to the original ACE study participants as well as other criminal justice populations.

23 Women in the current study reported high rates of lifetime victimization: 67% sexual assault, 89% physical assault, 62% stalking/ harassment.

24 Women who reported being victimized were unlikely to seek help. While some sought medical care (35% for a physical assault ; 17% for a sexual assault), or reported an incident to police (40% of those who experienced stalking but just 21% who experienced physical assault and 19% who experienced sexual assault), less than 25% of women received counseling for any type of assault.

25 Note the higher rates of Adverse Childhood Experiences (ACE) for women in New Mexico

26 Women had a higher incidence of having ever used drugs if: experienced sexual abuse (97% compared to 77% of women who did not experience sexual abuse) experienced verbal or physical abuse (93% compared to 81%) experienced domestic violence (95% compared to 82%) lived with household member with a mental illness as a child (95% compared to 82%) had a household member go to prison (94% compared to 85%)

27 Are females more or less likely to be charged with misdemeanors? YES Is the length of stay longer for men or women? MEN

28

29 NMCD experienced a 31.7% increase in admissions for females between FY13-FY14. Have admissions increased for your area?

30 FY14 increases 1 st up 130% 7 th up 81% 13 th up 79% 8 th up 78% 12 th up 60% Only 4 th & 6 th had decreases 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% NMCD Admissions by Judicial District 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th 13th

31 Challenge Questions 1. What are some things we can do to address the problem of detention facilities growing populations, specifically females, that doesn t include building a new facility or expanding the current facility? 2. What are some ideas in getting other criminal justice players to understand and help with the challenges that jail administrators face? 3. Is there anything in particular that we as researchers can look at in order to help you with your daily operations?

32 Thank you for your time and patience

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