County of San Mateo Detention Facilities Needs Assessment & Master Plan February 25, 2008 Initial Draft January 25,2008 Appendix 3 San Mateo County Superior Court Original Date of Issue, November, 2007 in association with StraubAssociates
Maple Street Correctional Facilities Needs Assessment Report TABLE OF CONTENTS 1. INTRODUCTION...1 1.1 BACKGROUND...1 1.2 CURRENT SITUATION...1 2. CRIMINAL CASE PROCESSING: THE BIG PICTURE.... 7 2.1 CLEARANCE RATE: SAN MATEO VS. STATEWIDE...7 2.2 CLEARANCE RATE: SAN MATEO VS. COMPARISON COURTS...8 2.3 TIME TO DISPOSITION...10 2.4 HISTORICAL PLEA RATE...17 2.5 CERTAINTY OF TRIAL DATE...18 2.6 BEYOND THE TIME TARGET...20 3. COMPLEXITY OF THE CURRENT CALENDAR.....22 4. RECENT CRIMINAL CASE MANAGEMENT INNOVATIONS.... 28 5. CONCLUSIONS AND RECOMMENDATIONS......30 5.1 PRETRIAL CASEFLOW MANAGEMENT: A MATTER OF FINE TUNING.....30 5.2 POST SENTENCE IMPROVEMENT...31 7. APPENDICES...34 7.1 APPENDIX A: CRIMINAL CASEFLOW PROCESS...34 7.2 APPENDIX B: DRUG COURT, PROPOSITION 36 CASEFLOW...36 7.3 APPENDIX C: TREATMENT PROVIDERS CAPACITY...38 i
Maple Street Correctional Facilities Needs Assessment Report I. Introduction Background As San Mateo County begins the assessment of needs for new or reconfigured detention facilities it will be necessary to examine the Criminal caseflow process in the Superior Court to determine its impact, if any, on average length of stay and average daily population in the county s jails. Understanding the impact of delay on the pre-trial jail population, the court has always made an effort to reduce cycle time in its case management processes. It has also periodically sought ways to reduce jail population through alternatives to incarceration and modification of existing sentences. However, the current study by the Sheriff s Office of the potential need for changes in detention facilities logically calls for a new examination of criminal case processes to ensure that they are as streamlined as possible vis-à-vis the pre-trial population. This report identifies the parameters of the current caseflow process and lays out an approach for assessing case management as it impacts the detention population. This information should be of assistance in determining the size and location of future physical facilities. Current Situation Recent years have seen an increase in admissions to the San Mateo County detention facilities. Male admissions have grown by nine percent over the past seven years while female admissions have grown slightly. The 2006-2007 Grand Jury found the County s detention facilities to be severely overcrowded. Both men s and women s facilities had an average daily population that was 130 percent and 220 percent respectively over their rated capacities. The following charts illustrate that phenomenon. in association with Straub & Associates 1
MAGUIRE CORRECTIONAL FACILITY Population By Year: 1996-2005 1200 900 BOC-Rated Capacity Annual ADP Annual Peak Pop Population 600 300 0 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 200 Women's Correctional Center Population By Month July 2002 - January 2006 175 WCC Pop Level 150 125 100 75 50 Peak Population Avg Daily Pop 25 0 Jul-02 Jan-03 Jan-04 Jan-05 Jan-06 Months in association with Straub Associates 2
The pre-trial population, while always accounting for about half of those in detention has risen from 45 percent in 2005 to 50 percent in 2006. It can range as high as 68 percent on a given day. Recently, this growth trend has continued. The following charts show the analysis by the Sheriff s Department of both the Men s and Women s populations for comparable portions of 2005 and 2006. Bookings are unchanged for men and up 7 percent for women. 12,000 San Mateo County Inmate Population First 9 Months of 2005 vs. 2006 11,454 2005 11,440 2006 10,000 8,000 6,000 Blue = Men Bookings Green = Women Bookings 7.1% Increase 4,000 2,404 2005 2,576 2006 2,000 0 Number of Bookings in association with Straub Associates 3
The Average Daily Population is up for both, 3.2 percent for men and 12 percent for women. In this period of time the average daily population has grown by 46 inmates (30 men and 16 women). San Mateo County Inmate Population First 9 months of 2005 vs. 2006 934 2005 964 2006 1000 900 800 700 600 500 Blue = Men ADP 3.2% Increase Green = Women ADP 12.0% Increase 400 300 133 2005 149 2006 200 100 0 Average Daily Population in association with Straub Associates 4
Likewise, person-days in jail have risen for both populations, 4 percent for men and 16.3 percent for women. Person-days for men have grown by 9,670 and women by 6,000. This adds 15,670 to the total. San Mateo County Inmate Population First 9 Months of 2005 vs. 2006 300,000 243,769 2005 253,439 2006 250,000 200,000 150,000 Blue = Men 4.0% Increase Green = Women 16.3% Increase 100,000 33,714 2005 39,714 2006 50,000 0 Person Days in Jail in association with Straub Associates 5
Finally, the average length of stay has increased for both, 4 percent for men and 8.5 percent for women. The men s increase was 0.87 day and the women s increase was 1.2 days. San Mateo County Inmate Population First 9 Months of 2005 vs 2006 25 21.28 2005 22.15 2006 20 15 14.02 2005 15.22 2006 Blue = Men 4.0% Increase Green = Women 8.5% Increase 10 5 0 Average Length of Stay These data suggest that, among other avenues of analysis, it is appropriate to examine the criminal case management process to determine whether any additional steps can be taken, especially regarding the pre-trial population, which can assist in stemming the growth in both average daily population and average length of stay. in association with Straub Associates 6
II. Criminal Case Processing: The Big Picture Criminal case processing performance is directly related to detention numbers, particularly for the pre-trial population. The longer it takes to dispose of cases, the higher the pre-trial custody population and the longer the average stay in detention. Criminal courts across the nation work to minimize this time as much as possible to meet legislated time requirements, often drawing judges from other calendar assignments to assist in disposing of the criminal caseload. Criminal courts have become settlement driven with contemporary researchers writing about the disappearing trial in criminal courts. Using a Master Calendar system, the San Mateo Superior Court assigns 19 of its 35 member bench (54 percent) to hearing criminal matters. In addition to trials, this includes pre-trial matters and the court s three main alternatives to incarceration, Bridges, Pathways and Drug Court (See Appendices A and B for descriptions of the entire Criminal and Drug Court caseflow processes). In the most recent Fiscal Year, 2005-2006, this arrangement resulted in a Pre- Trial Disposition rate of 97.6 percent (including guilty pleas, dismissals and all other case terminations) and a trial rate of 2.4 percent. The median time to disposition for the felony calendar in 2005 was 74 days. These results and the data in the following sections describe an efficient, well functioning criminal caseflow processing system. Clearance Rate: San Mateo vs. Statewide, 2000-2006 The clearance rate measures the extent to which a court is keeping up with its workload. Simply put, it is the ratio of filings to dispositions in a given period of time. A clearance rate of 100 percent indicates that the court disposes of a case for every new case that is filed. Any number less than 100 percent indicates that a backlog may be building given that more cases are being filed than disposed of by the court. In recent years, the San Mateo Superior Court has fared well in comparison to the mean of all other courts in the State of California. As the following chart indicates, the statewide mean has hovered around 75 percent over the past six years, while the San Mateo court has on average cleared 96 percent of its annual felony caseload. in association with Straub Associates 7
120% San Mateo Historical Felony Clearance Rate vs. Statewide Source: Court Statistics Reports Statewide Caseload Trends Judicial Council of California 100% 93.39% 90.22% 100.11% 97.53% 101.37% 94.61% Percent 80% 60% 80.46% 74.98% 73.52% 71.73% 73.06% 77.19% Statewide San Mateo 40% 20% 0% 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 Fiscal Year Generally speaking, criminal courts have difficulty disposing of their entire felony caseload within one year, because the more serious matters, e.g., capital cases tend to take longer than one year to resolve. Clearance Rate: San Mateo vs. Comparison Courts, 2005-2006 As an additional comparative benchmark for the performance of the San Mateo Superior Court, four courts similar in terms of caseload and judicial resources were chosen for comparison of 2005-2006 clearance rates. As the following chart shows, all performed well. However, San Mateo led the closest court by 1.67 percent, and the lowest court by 13.5 percent. in association with Straub Associates 8
100% 90% 80% 94.61% 92.84% Felony Clearance Rate FY 2005-2006 92.23% 90.04% 81.15% Source: 2007 Court Statistics Report Statewide Caseload Trends 1996 1997 through 2005 2006 Judicial Council of California 77.19% 70% Percent 60% 50% 40% 30% 20% 10% 0% San Mateo Contra Costa Ventura Santa Barbara Monterey Statewide Court In Fiscal Year 2005-2006 the San Mateo Superior Court had 14,984 Criminal filings. Criminal filings have remained reasonably consistent over the past six years. Misdemeanors peaked at 14,284 in 2003-2004, but have routinely registered near 12,500. Felony filings have consistently totaled near 3,000. San Mateo Superior Court Historical Criminal Filings Source: Court Statistics Reports Statewide Caseload Trends Judicial Council of California 14,000 12,000 12,780 12,469 12,609 14,284 12,526 11,719 10,000 Filings 8,000 6,000 Felony Misdemeanor 4,000 2,000 2,814 2,944 2,737 3,118 2,985 3,265 0 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 Fiscal Year For the most part, felony dispositions have kept pace with filings over this period of time. in association with Straub Associates 9
Number of Cases 3,500 3,000 2,500 2,000 1,500 1,000 San Mateo Historical Felony Filings vs. Dispositions 2,814 2,628 2,944 2,656 2,737 2,740 3,118 3,041 2,985 3,026 3,265 3,089 Source: Court Statistics Reports Statewide Caseload Trends Judicial Council of California Filings Dispositions 500 0 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 Fiscal Year Time to Disposition An important metric for assessing court performance is the length of time it takes to dispose of an individual case. The State of California has developed a set of standards for case disposition (2007 California Rules of Court). For criminal cases the standards are: Felony case-processing time goals Except for capital cases, all felony cases disposed of should have a total elapsed processing time of no more than one year from the defendant's first arraignment to disposition. Misdemeanor cases The goals for misdemeanor cases are: 90 percent disposed of within 30 days after the defendant's first arraignment on the complaint; 98 percent disposed of within 90 days after the defendant's first arraignment on the complaint; and 100 percent disposed of within 120 days after the defendant's first arraignment on the complaint. in association with Straub Associates 10
Felony preliminary examinations The goal for felony cases at the time of the preliminary examination (excluding murder cases in which the prosecution seeks the death penalty) should be disposition by dismissal, by interim disposition by certified plea of guilty, or by finding of probable cause, so that: 90 percent of cases are disposed of within 30 days after the defendant's first arraignment on the complaint; 98 percent of cases are disposed of within 45 days after the defendant's first arraignment on the complaint; and 100 percent of cases are disposed of within 90 days after the defendant's first arraignment on the complaint. Exceptional criminal cases An exceptional criminal case is not exempt from the time goal, but case progress should be separately reported under the Judicial Branch Statistical Information System (JBSIS) regulations. The recent experience of the San Mateo Superior Court in time to disposition is represented on the following chart. Although the court has consistently met the California goal for 94 to 96 percent of its felony caseload, the time to disposition at each stage seems to be creeping up in recent years. Whereas 61 percent were disposed of in 30 days in FY 2000-2001, its number is now 49 percent. In 2000-2001, the court disposed of 72 percent within 45 days. It is now only 58 percent. Likewise, the percentage completed within 90 days has slipped 10 percentage points over that same time. The court still manages to dispose of 94 to 96 percent of these cases within one year. However, they are tending to stay in the system longer. in association with Straub Associates 11
120 San Mateo Historical Felony Case Processing Time FY 2000-2006 Source: Court Statistics Reports Statewide Caseload Trends Judicial Council of California Percentage 100 80 60 40 61 60 61 58 51 49 72 71 67 70 62 58 86 86 83 83 78 76 96 95 96 95 94 94 20 0 30 45 90 < 12 mo. Disposed of in Less Than_Days 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 The combination of increased felony filings and declining percentages at each stage, results in a greater number of cases still in the system at each point. For example: in association with Straub Associates 12
Felony Cases Remaining at Significant Milestones Number of Cases In System 1800 1600 1400 1200 1000 800 600 400 200 0 1665 1371 1097 788 784 394 196 113 After 30 Days After 45 Days After 90 Days At 12 Months 2000-2001 2005-2006 This means that when compared to 2000-2001, the 2005-2006 fiscal period saw 568 more undisposed cases at 30 days, 583 more at 45 days, 390 more at 90 days and 83 more at the one year point. As demonstrated by the following two charts, compared to our four benchmark courts, the disposition profile for San Mateo Superior Court is very similar. As a proportion of total dispositions, the greatest number for all courts occurs through guilty pleas and before the Preliminary Hearing. Only a small proportion of dispositions occur after trial. in association with Straub Associates 13
5,000 Felony Stage of Case at Disposition By Category FY 2005-2006 4,500 4,000 3,500 3,000 2,500 3,089 2,323 Contra Costa Ventura Monterey San Mateo Santa Barbara 2,000 1,500 1,000 500 0 507 Total Dispositions Guilty Pleas Other Before Preliminary 186 Other After Preliminary 73 After Trial Source: 2007 Court Statistics Report Statewide Caseload Trends 1996 1997 through 2005 2006 Judicial Council of California 5,000 Felony Stage of Case at Disposition By Court FY 2005-2006 4,500 4,000 3,500 3,000 2,500 2,000 1,500 1,000 Total Dispositions Guilty Pleas Other Before Preliminary Other After Preliminary After Trial Source: 2007 Court Statistics Report Statewide Caseload Trends 1996 1997 through 2005 2006 Judicial Council of California 500 0 San Mateo Contra Costa Monterey Santa Barbara Ventura As the following four charts illustrate, at each stage along the timeline (30, 45, 90 and 365 days) the San Mateo court disposes of a greater proportion of its felony caseload than any of the comparison courts. Of the five courts, only Santa Barbara succeeds in meeting the California time standard for disposing of 100 percent of its felonies within one year. in association with Straub Associates 14
70 Felonies Processed in Less than 30 days 2005-2006 Source: 2007 Court Statistics Report Statewide Caseload Trends 1996 1997 through 2005 2006 Judicial Council of California 60 58 Percentage of Cases 50 40 30 20 49 21 31 36 10 0 Statewide San Mateo Contra Costa Santa Barbara Ventura Court 80 Felonies Processed in Less than 45 days 2005-2006 Source: 2007 Court Statistics Report Statewide Caseload Trends 1996 1997 through 2005 2006 Judicial Council of California 70 68 60 58 Percentage of Cases 50 40 30 20 34 44 44 10 0 Statewide San Mateo Contra Costa Santa Barbara Ventura Court in association with Straub Associates 15
90 80 82 Felonies Processed in Less Than 90 days 2005-2006 76 Source: 2007 Court Statistics Report Statewide Caseload Trends 1996 1997 through 2005 2006 Judicial Council of California Percentage of Cases 70 60 50 40 30 60 64 65 20 10 0 Statewide San Mateo Contra Costa Santa Barbara Ventura Court 120 Felonies Processed In Less Than 12 mo. 2005-2006 Source: 2007 Court Statistics Report Statewide Caseload Trends 1996 1997 through 2005 2006 Judicial Council of California Pecentage of Cases 100 80 60 40 95 94 88 100 80 20 0 Statewide San Mateo Contra Costa Santa Barbara Ventura Court in association with Straub Associates 16
Historical Plea Rate San Mateo County, CA Historically, the San Mateo Superior Court has done a good job of disposing of its felony caseload before trial. Over the past six years the court managed to terminate a mean of 97.4 percent of these cases prior to the set trial date. 99% 98% 97% 96% 97.05% San Mateo Superior Court Historical Pre-Trial Disposition Rate 96.66% 97.95% 98.16% Source: Court Statistics Reports Statewide Caseload Trends Judicial Council of California 97.19% 97.64% Percent 95% 94% 93% 92% 91% 90% 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 Fiscal Year Again, this compares favorably with the benchmark courts as can be seen in the following chart. in association with Straub Associates 17
120.0% 100.0% Pre-Trial Disposition Rate FY 2005-2006 98.53% 98.50% 97.93% 97.64% 97.42% Percent 80.0% 60.0% 40.0% Source: 2007 Court Statistics Report Statewide Caseload Trends 1996 1997 through 2005 2006 Judicial Council of California 20.0% 0.0% Monterey Santa Barbara Ventura San Mateo Contra Costa Court Certainty of Trial Date For those cases going to trial, the trial date should be firm and fixed to the extent possible. Continuances of that date should be rare and brief. Certainty of trial date anchors the credibility of the entire case management system. The parties and their counsel need to know that events will occur on the date scheduled so that they can properly prepare and make plea decisions. Trial date certainty and continuances go hand in hand. The greater the number of continuances, the more uncertain the trial date. The San Mateo Superior Court has set a target recommended by the National Center for State Courts (NCSC) of no more than 2 continuances of trial date for cases on its felony calendar. The most recent data from calendar year 2005 show that the mean number of continuances was 3 for both bench and jury trials. in association with Straub Associates 18
4 Average Number of Trial Settings By Case and Trial Type Source: National Center for State Courts - CourTools 2005 CY Data 3 2 1 0 Felony - Jury Felony - Bench This caused the percentage of cases with 2 or fewer settings to slip to 43 percent for jury trials and 40 percent for bench trials. in association with Straub Associates 19
Trial Date Certainty by Trial Type Source: National Center for State Courts - CourTools 2005 CY Data Felony - Bench 40 Felony - Jury 43 0 25 50 75 100 Percent In a sample of 79 felony cases reviewed by the NCSC, 18 (or 23 percent) had between 5 and 7 trial settings each. Number of Settings for Trial in Felony Cases Summary Report of Trial Settings Total Cases Average Number of Settings Number of Settings Percentage With 2 Settings or Less One Two Three Four Five Six Seven Eight Nine Case-Trial Type Felony - Jury 74 3.0 43% 20 12 17 8 9 5 3 0 0 0 Felony - Bench 5 3.0 40% 2 0 1 1 0 1 0 0 0 0 Ten or More For in-custody defendants, any continuation of trial date means more time in custody. Beyond the Time Target Although the court disposes of almost all felony cases within the one year time standard, there were 87 cases in the active pending caseload that were older than one year and 21 cases older than two years during the 2005 calendar year. The active pending caseload was 514. Therefore, approximately 17 percent of the active pending caseload was over one year old. in association with Straub Associates 20
Although one might expect the cases more than two years old to be dominated by crimes such as Homicide, in fact they were not. In order of frequency they were: o Assault (4) o Theft (4) o Dangerous Drugs (3) o Burglary (3) o Homicide (3) o Narcotics (1) o Robbery (1) o Other (1) o Other Sex Law Violation (1) Of these 21 cases, 12 were in-custody. in association with Straub Associates 21
III. Complexity of the Current Calendar The data shows that even within the year, cases are now taking somewhat longer to resolve than they did six years ago. This may be due to the fact that the criminal caseload has become more complex. As the following chart indicates, both the number of positive recommendations as well as numbers of defendants actually released has trended downward over the past six years. 4000 3500 3000 Positive O.R. Recommendations vs. Releases 3496 3097 2807 Source: San Mateo County Sheriff's Office 2500 2260 2000 1500 1550 1327 1128 1528 1579 1000 500 686 486 535 0 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005* 2005-2006 Fiscal Year *Only partial data w as available for this fiscal year. This is estimated data based Positive Recommendations Released on O.R. on July,2004-April 30,2005 information. Assuming that the evaluation standards used for OR recommendations have remained consistent over this period, [i.e., time in Bay Area, stable residency, family ties, employment/support, positive probation/parole officer comments, reliability, prior successful OR release and minimal or no criminal history for positive recommendations and non-bay Area residency, no references, transient, failures to appear, negative reference concerning reliability, too many pending cases (3 or more), no bail holds (INS, parole, out of county), and extensive criminal history], then it might be safe to infer that the criminal caseload has become more complex. As the chart demonstrates, the number of positive recommendations is now about one-half the number generated six years ago. The number of actual releases is one-third of what it was six years ago. In order to further develop a picture of the size, content and complexity of the current in-custody arraignment situation in San Mateo County, we attended and analyzed the In-Custody Arraignment Calendar on October 31, 2007. This calendar was comprised of 40 cases generated by 30 defendants. All but one in association with Straub Associates 22
had been held in custody less than two days at that time. This was a typical daily in-custody arraignment calendar, e.g., the mean daily total for October, 2007 was 32 cases. Overall, the calendar was comprised of defendants with significant prior experience in the courts. The mean number of prior convictions for the entire calendar was 4.1. The average defendant had 2.5 prior misdemeanor convictions and 1.6 prior felony convictions. 4.5 In-Custody Arraignment Calendar Mean of Total Priors 4.0 3.5 3.0 1.6 Mean 2.5 2.0 1.5 1.0 2.5 0.5 0.0 Prior Convictions Misdemeanor Priors Felony Priors in association with Straub Associates 23
Six defendants had no prior convictions on their record. When that group is removed from consideration, analysis of the remaining calendar shows that the average defendant had 5.2 prior convictions, 3.2 of which were misdemeanors and 2.0 felonies. 6.0 In-Custody Arraignment Calendar Mean of Defendants with Prior Convictions 5.0 4.0 2.0 Mean 3.0 2.0 3.2 1.0 0.0 Prior Convictions Misdemeanor Priors Felony Priors in association with Straub Associates 24
The profile of those held over in detention showed a mean of just under five prior convictions, 1.9 of which were felonies. 6.0 In-Custody Arraignment Calendar Mean of Total Priors of Those Held in Detention 5.0 4.0 1.9 Mean 3.0 2.0 1.0 3.0 0.0 Prior Convictions Misdemeanor Priors Felony Priors in association with Straub Associates 25
Pre-Trial Services Court Reports had been prepared on 29 of the 30 defendants on the calendar. Only 4 of these were deemed qualified for SOR. In-Custody Arraignment Calendar Pretrial Services Court Report 4 25 Qualified Defendants for SOR Not Qualified Of the 25 who did not qualify, the following reasons were given, in order of frequency: o No Bail Hold o Still Under Investigation o Negative Probation Officer Comments o Cannot Verify Essential Information o Did Not Wish to Be Interviewed o Too Many Pending Cases o Non-Resident of Bay Area o Failure to Comply on SOR o Unexcused Failure to Appear At the conclusion of that calendar, 43 percent of the defendants remained in custody for further proceedings. The remaining 57 percent were released on their own recognizance, had charges dismissed or were settled for other reasons. in association with Straub Associates 26
In-Custody Arraignment Calendar October 31, 2007 43% 57% Remain in Custody Released in association with Straub Associates 27
IV. Recent Criminal Case Management Innovations Because of a reduction in jail bed space over the past decade, the court and its justice system partners have carried out a program of continuous improvement aimed at finding additional efficiencies in caseflow management and sponsoring certain alternatives to incarceration. For example, the following programs described in the list provided by the Superior Court below have been developed or enhanced over that period of time: Cite and release policies by local law enforcement agencies for minor offenses. These individuals are not booked into the jail. First Chance: Offenders arrested for non-violent public intoxication offenses and driving under the influence are taken to an alternative facility and not booked into the jail. Pretrial Services: The San Mateo County Probation Department supervises a pretrial services program that has the confidence of the judiciary. At custody arraignment calendars judicial officers are provided criminal history information and background information relative to the residence, employment status and community ties of the defendant. Custody Calendar: Judicial officers work to resolve minor matters at the first appearance of the defendant. Many matters are resolved for credit for time served sentences if the persons would not otherwise qualify for a release on their own recognizance or supervised release. Misdemeanor Custody Pretrial Calendars: Twice a week the Court has incustody pretrial calendars held within 2-weeks of the defendant s arraignment. In many instances it occurs in the same week. The many cases are resolved at this stage of the criminal proceedings and many offenders are released from custody. Superior Court Review Calendars: Twice a week the Court has a calendar to discuss felony cases prior to their scheduled Preliminary Hearings 1. Many lower end felonies are resolved at this stage. Eligible defendants are referred to programs such as Bridges and Pathways. Sheriff s Work Program: Over the years this program has expanded from 40-day sentences to 60-days sentences and currently 90-day sentences. These defendants are not housed in the jail, rather are assigned to work alternative sentences. 1 Serious and violent felony offenses are exempt from this procedure by operation of law. in association with Straub Associates 28
Bifurcation of Sentences: In appropriate cases, judicial officers have creatively approached sentencing by allowing offenders to split sentences into lengths that will qualify them to work in the Sheriff s Work Program (e.g. using two 90-day sentences instead of one 6-month sentence) Electronic Monitoring: In appropriate cases, judicial officers have discretion to order electronic monitoring at the pretrial stage and as an alternative to incarceration for sentenced defendants. This option has not been widely used. Increase in jail credits against fines: $150.00 per day Bridges Intensive Day Treatment Program: Defendants sentences are modified to an intensive day treatment program where they receive education and treatment for chemical addictions, employment and cognitive training. Pathways Mental Health Program: This program was designed to ensure that defendants suffering from mental illness, who have committed crimes and are eligible for probation, receive mental health treatment outside the courtroom. Pathways is a collaboration between San Mateo County's mental health community, Probation Department, Sheriff's Office, District Attorney's Office and Private Defender Program. Probation officers work full-time, making sure individuals in the program stay on their medication and continue to go to their doctors' appointments on a regular basis. To be eligible for the program, a defendant must be a resident of San Mateo County, be interested in getting help and have a history of mental illness. Individuals accused of committing more serious crimes are ineligible for this program. Participants must be diagnosed with a mental disorder at or near the time of the offense they're accused of committing. The program is tailored to fit the needs of each person based on their offense and the nature of their illness. Eligible defendants with diagnosed Axis I mental illnesses may be referred to this treatment program designed to reintroduce them into society with treatment for their mental illnesses with intensive supervision as an alternative to incarceration. in association with Straub Associates 29
V. Conclusions and Recommendations: Potential Criminal Case Management Innovations From the perspective of reductions in the detention population, the court can have a potential impact in two ways. First, it can seek improvements in the flow of cases that would accelerate the time required for deciding matters for individuals held in custody. Second, it can identify and use alternatives to incarceration for certain sentenced offenders, either as an initial solution or modification of existing sentence. Pre-Trial Caseflow Management: A Matter of Fine Tuning For the first of these, largely due to the improvements in case processing the court has initiated over the past ten years, additional streamlining will be a matter of fine tuning the existing system. The current system results in a 97.6 percent pre-trial disposition rate, a 2.4 percent trial rate and a median time to disposition of 74 days. These outcomes permit the court to come routinely close to meeting the State s time standard of one year for criminal case disposition. However, there are in any given year up to five percent of criminal cases filed that will not be resolved within these guidelines. The number of prior offenses seen at arraignment and the recent focus on gang activity may be contributors to such a phenomenon. In any case, it will benefit the court and the overall management of the criminal calendar if additional attention can be directed at the portion of the active pending caseload that exceeds the one year standard. It is recommended that: The court convene a small, ongoing committee of its bench to periodically review the individual cases in the active pending caseload, especially those that are older than one year and justify the validity of their status. Monitor continuances and trial date certainty to ensure that the spirit of California Penal Code section 1050 is being met and the number of trial settings reduced. Monitor on a monthly basis the median time to disposition for felony cases and seek explanations for changes in that metric. Continue to monitor criminal clearance rates, time to disposition, trial date certainty and age/size of the active pending caseload. These few changes should help the court to continue managing the caseflow in a way that will ensure that there is only explainable variation from the approved time standards and that pre-trial time in custody is the minimum necessary for the achievement of justice. in association with Straub Associates 30
Post Sentencing Improvements In the second area, several specific recommendations can be made that carry with them equally specific impacts on the average length of stay and average daily population of the sentenced population. Expand the Bridges Program. Expand Bridges day treatment to provide dual diagnosis substance abuse and mental health treatment for both women and men. Bridges is a day treatment program that provides intensive drug and alcohol treatment, educational/vocational training and cognitive learning. It represents a county-wide collaboration that works to slow the cycle of drug use and crime. Participants in the Bridges Program are: Non-violent offenders with offenses that are directly or indirectly related to alcohol and drug dependency problems Defendants are identified during special in-custody, pre-trial hearings and by the Probation Department Defendants must fit criteria (below) for acceptance into Bridges. Participant Criteria: Eligible Drug Possession Petty theft with priors Driving with suspended license Probation violation Other nonviolent, drug related offenses Drunk driving cases Ineligible Second or third strike cases Violent offenders Possession for sale Gang members Psychiatric or psychological disorders The terms and conditions of a person s participation in the program are as follows: Attend court sessions on a regular basis (regular appearances for status reports) Waive jail credit while in the program Abide by rules of program, conditions of probation and all law. Comply with curfew Abstain from drugs and alcohol in association with Straub Associates 31
Submit to search and seizure without warrant or probable cause At the current time, the program has approximately 120 participants. Assuming that program capacity is available, these proposed changes should result in a reduction in the jail population. Enhanced Work Furlough Program. More types of defendants can be assigned to the program because of the availability of SCRAM and electronic monitoring technologies. Third time DUI offenders and Domestic Violence offenders with more than 60 days would be the targets. If these offenders can be equipped with SCRAM and electronic monitoring devices, the court thinks the expanded program would have a high level of judicial support. Again, implementation of the program could reduce the jail population, but the use of increased monitoring has in other jurisdictions, also resulted in a higher failure rate and return to custody Fund Additional Treatment Program Staff. The Pre-Trial Services unit has identified 21 treatment providers in San Mateo County. Thirteen are residential programs and eight are outpatient programs. Together they maintain a total of 1,255 beds, including 306 for women. (See Appendix C) The residential programs tend to have waiting lists that range from one week to three months, with one month being the most typical. In-custody offenders with sentences modifiable to one of these programs have been identified by Probation, but they must usually wait thirty additional in-custody days for admission to one of these programs. In November and December of 2007, the Sheriff s Department reviewed inmates that were potentially eligible for modification. A total of only 27 inmates were identified who met all criteria related to modifying their sentence and alternate placement. In comparing the data for November and December, the delta or number of different inmates identified was only 13 additionally, since these inmates only have 90 days left on their sentence, the cumulative impact on the ADP will be reduced. In total, once the backlog of eligible inmates is removed from the jail, the weekly or monthly impact will be substantially reduced. Modify CHOICES Program CHOICES is a substance abuse program that is part of Correctional Health Services for inmates in the San Mateo County jail. It serves 188 men and 26 women with chemical dependency treatment recommended by the staff. Retool CHOICES to eliminate those who should not get probation. Probation Officers can identify the best cases for treatment. Then, limit the maximum time an offender can spend in CHOICES to one year. in association with Straub Associates 32
Other Possible Improvements. San Mateo County, CA In addition to these four main recommendations, the court is supportive of other initiatives that, to one degree or another, are currently being studied. These include: Support the vision of Sheriff Munks to construct a post sentencing jail facility Replace 385 bed spaces taken away through the closing of MSF, La Honda, Work Furlough, North County and San Mateo General Hospital Continue to support Pathways mental health treatment program In conjunction with the Bridges program and the Service League, provide for additional non-custodial transitional housing such as additional Far House housing In the separate post-sentencing facility, have a mechanism to modify sentences to Bridges, Pathways an/or other residential drug and alcohol treatment programs in association with Straub Associates 33
APPENDIX A Criminal Caseflow Process (Source: San Mateo Superior Court) in association with Straub Associates 34
TW = Time W aived TNW = Time not W aived I/C = In Custody ARREST San Mateo County, CA Maple Street Correctional Facilities Needs Assessment Report Bailout 30 days to Arraignment Remain in custody 48 hrs to Arraignment Released on Own Recognizance 30-37 days to Arraignment Cite & Release 30-37 days to Arraignment Arraignment Felony Misdemeanor 10 days TNW 30 days TW Preliminary Hearing TNW 1-9 days TW 14-21 days Superior Court Review PC 859 Certification Plea Guilty Plea Nolo Contendere 0-5 days TNW 0-20 Judicial days TW Sentencing Plea Not Guilty 2-14 days TNW 21-28 days TW Pre-Trial Conference Arraignment to Jury Trial TNW 131-140 days TW 224-231 or more 15 days Held to Answer Arraignment in Superior Court 45 days TNW 75 days TW Pre-Trial Conference/ Confirm Jury Trial 6 weeks TW 20 court days TNW Sentencing in Superior Court # of days from Arraignment to Sentencing TNW = 0-5 days TW = 0-20 days Plea guilty or Nolo Contendere Same day as Pretrial Sentencing Confirm Jury or Court Trial 7-14 days TNW 14-21 TW Jury Trial or Court Trial Jury Trial TNW 60 days TW 90 days or more Plead Nolo Contendere or Guilty Acquittal Sentencing Sentencing TW : Number or days from Arraignment to Jury Trial 35-49 days TNW : Number of days from Arraigment to Jury Trial I/C 30 days Not I/C 45 days Sentencing Acquittal in association with Straub & Associates 35
Maple Street Correctional Facilities Needs Assessment Report APPENDIX B Drug Court, Proposition 36 Caseflow (Source: San Mateo Superior Court) in association with Straub & Associates 36
Bailout 30 days to Arraignment Remain in custody 48 hrs to Arraignment ARREST Released on Own Recognizance 30-37 days to Arraignment Cite & Release 30-37 days to Arraignment San Mateo County, CA Maple Street Correctional Facilities Needs Assessment Report TW = Time Waived TNW = Time not Waived I/C = In Custody O.R. makes recommendation for Proposition 36 DA reviews Proposition 36 elligibility Arraignment Prop 36 defendants may opt for Voluntary Treatment Diversion DEJ Plea Taken/NOLO Probation Determines Amenability Eligibility DA determines Statutory Eligibility Plea Not Guilty *Plea Guilty or Nolo Prop 36 cases will be assigned to designated Judges Referred to Probation for Treatment Plan A & D does ASI Criminal Proceedings Suspended Diverted from Prosecution 18 months Eligible Felony TNW 1-9 days TW 14-21 days Misdemeanor 21-14 TNW 21-28 TW Probation notifies Treatment Provider in 7 days. Probation Supervises Report to Probation DEJ Conditions Criminal Proceeding Suspended Superior Court Review Pre - Trial Conference Drug Treatment Provider 30 days to prepare Treatment Plan and forward to Probation Convene *FSST as appropriate Residential Treatment Program Orientation PC 1000.5 Program Violations Outpatient Treatment 1-30 days Residential Treatment Program within 24 hours Report to Probation 14-28 days Orientation 1-30 days PC 1000 Program Program 10 days TNW 30 days TW Preliminary Hearing 15 days Held to Answer Arraignment in Superior Court 45 days TNW 75 days TW Jury Trial Pre-Trial Conference/ Confirm Jury Trial TNW 60 days TW 90 days or more Plead Nolo Contendere or Guilty Plea Guilty or Nolo Contendere Sentenced Sentenced 7-14 days TNW 14-21 TW Jury Trial or Court Trial Confirm Jury Trial or Court Trial Acquittal Probation submits treatment plan for review by Prop 36 designated judges Treatment Provider provides a quarterly progress report to Probation Violates probation Successful completion May petition for Expungement * FSST = Family Self Sufficiency Team Violations Acquittal Sentenced Sentenced in association with Straub & Associates 37
Maple Street Correctional Facilities Needs Assessment Report APPENDIX C San Mateo County Treatment Providers Capacity (Source: Pretrial Services) in association with Straub & Associates 38
San Mateo Treatment Providers Capacity Residential Program Status Capacity Wait List For Prop 36 and Drug Court. Wait time is one month. Others longer, as Licensed l4 females/12 males Free At Last funding is limited. Hope House Licensed 16 females Wait list by priority. First priority are Ryan White and in custodies prenatal. Currently 40 applicants on list. No definite time on wait list. Jericho Licensed 107 all male Service 9 counties; wait list 20 deep (until late December). Approximate waiting time is 2 to 3 months. Latino Commission Our Common Ground (Formerly Daytop) Licensed 36 beds - 1/2 female; 1/2 male. 24 females/8 males (ratio fluctuates) Project 90 Licensed 140 males Redwood Center Licensed 49 males Sequoia Center Licensed 26 beds - Coed houses. The Light House (El Centro) WRA Licensed Licensed 10 males 27 beds. 11 are for mother and child. 16 are for women only (includes prenatal) Wait list average 1 month. The current wait list for men is 24 males and 14 women. Wait is approximately one month and there is always a wait list. Program is now only 6 months long. Some beds are Ryan White and Prop 36. There are few private pay. Since Choices (in jail program) has doubled their applications have doubled. There are currently 140 applications that need to be gone through. Wait list is individual and depends on the funding source. Wait list ranges from 1 to 2 weeks. Space is reserved for San Francisco County Prop 36, Drug Court and Ryan White individuals. The wait list is one month limited space for SMC residents. Both detox and residential, however, it is all private pay or insurance. Cost is $550.00 a day. None for the past year; serves primarily Coastside Community. Working man s program. The wait list for private pay, Ryan White, Prop 36 and Drug Court is 6 to 8 weeks. County funded 2 to 3 months. in association with Straub Associates 39
NOTE: Ryan White (Serves HIV clients), Pathways, P36 and Drug Court have a quicker turnaround as they have dedicated beds from dedicated funds. Those clients who fall outside these funding sources face a longer wait period (up to one month or longer). Residential Program Status Capacity Wait List San Francisco Programs 18 Asian American females/8 Recovery males Delancey Street Walden House Unlicensed 500 beds - 1/8 of beds for females 260 beds; 100 female, 160 male Must be a San Francisco resident; 6 months to 2 years program. Program full. Wait list based on attrition. No wait list - they work at full capacity. Out Patient OASIS Certified Coed No wait list - mandated people first. El Centro Coed No wait list First Chance South Coed No wait list Free at Last Coed No wait list Latino Commission Coed No wait list Project 90 Coed No wait list Wait list one month for males and one week for females. Must be San Francisco resident, or crime occurred in San Francisco. We only have a small contact with them for a couple P36 beds. No wait list - basic format follows group with an individual session once a week, testing. Sitike No wait list Pyramid Alternatives in association with Straub Associates 40