Criminal Justice Coordinating Commission

Agenda for September 9, 2020

3:00 PM

Zoom Online Information Meeting ID: 910 803 2857

Zoom Link: https://zoom.us/j/9108032857 Zoom Call-in Number for participation by phone: (346)248-7799

1. Discussion and possible action regarding the recommendation of the Pretrial and

Indigent Defense Subcommittee for an additional Pretrial Bond Supervision Officer.

2. Update on COVID-19 impacts to the Criminal Justice System.

3. Update regarding the Cite and Divert Program.

4. Update regarding extending and modifying the Padilla pilot program.

5. Discussion and possible action regarding meetings times, locations and future topics for

discussion.

Pretrial Bond and Indigent Defense Subcommittee

Hays County Criminal Justice Coordinating Commission

Proposal for: Hays County Criminal Justice Coordinating Commission

FY2021

Request: Additional Funding for Pretrial Bond Supervision Officer

Submitted by: Pretrial and Indigent Defense Subcommittee

Date Submitted: September 9, 2020

Pretrial Bond and Indigent Defense Subcommittee

Hays County Criminal Justice Coordinating Commission

ABSTRACT

Background

During Fiscal Year 2016 with approval by Hays County Commissioners Court, the Hays Pretrial Bond

Program was implemented as a collaborative effort between Hays County and the Caldwell, Comal

and Hays County Community Supervision and Corrections Department (CSCD). A primary focus of

this effort was to identify defendants who were unable to bond out of Jail through the use of traditional

methods; and approve the defendant’s release with supervision provided by the CSCD. Primary

objectives of the Program included a reduction in costs related to housing defendants who met criteria

for supervision in the community; and the surety that the majority of defendants supervised would

appear in Court as directed.

Approach/Implementation

The CSCD established procedures for Bond Supervision including the use of an evidence-based risk

assessment designed to determine the risk level of defendants in custody. If a defendant met all

procedural criteria; and was identified as having a low risk to reoffend; and a high likelihood to appear

in Court as scheduled, a Magistrate is approached for approval of placing these defendants into the

Program.

During Calendar Year 2020, a Magistrate’s Office was initiated. Since its implementation, defendants

are being released as quickly as 24 hours from their placement into custody. Whereas, prior to the

creation of the Office of the Magistrate, release from jail took 3-5 days.

Findings/Conclusion

Data collected since the inception of the Program suggests the Program is accomplishing the

objectives of reducing the cost to house defendants in the Jail, and assurance that the defendants will

appear in Court as directed. At a minimum, the Program has saved the County $1.7 million. Of the

total number of defendants placed on Pretrial Bond through the end of Calendar Year 2019, only 50

defendants have failed to appear. This constitutes an 85.7% success rate. Additionally, comparison of

Calendar Years 2016 and thus far in 2020 show an 893% growth in caseload size. Caseload was 63 in

2016. As of the end of July 2020, the size is 626. Detailed data findings and analysis are presented in

the attached Proposal.

Request

In order to meet the increasing demands of the caseload, allow more caseload manageability, and

maintain viability; the Pretrial Services and Indigent Subcommittee is requesting additional funding

for the CSCD for the purpose of hiring an additional Officer to provide pretrial bond services.

Pretrial Bond and Indigent Defense Subcommittee

Hays County Criminal Justice Coordinating Commission

INTRODUCTION

The Pretrial and Indigent Defense Subcommittee of the Hays County Criminal Justice Coordinating

Commission is requesting an expansion of the Hays County Pretrial Bond Program housed under

the umbrella of the CSCD.

The purpose of the Pretrial Bond Officer is to monitor the County Jail Population and identify

offenders eligible for pretrial bond release supervision. The Target Population for the Pretrial Bond

Program is defendants who are unable to make bond through traditional methods (e.g., financial

based systems such as Bail Bond Companies).

The Pretrial Bond Officer is responsible to provide an information packet with all relevant case facts

to a Magistrate to assist in their decision of pretrial release of a defendant. When defendants are

released from custody and placed in this Program, supervision includes oversight of the Conditions

of Bond.

Responsible casework services are provided by the Officer to defendants supervised in this Program

through utilization of the CSCD’s Vision, Mission, and Core Values. Supervision includes but isn’t

limited to reporting to the Supervision Officer, testing for illicit substances, and referral to any

needed counseling services. There is prompt notification to the Court when Bond Conditions are

violated. Supervision is maintained until there is a final disposition of the defendant’s case or bond

supervision is terminated by other means.

Implementation of the Pretrial Bond Program / Present Funding Amount:

During Fiscal Year 2016, a Proposal requesting the creation of a Pretrial Bond Officer was provided

by the CSCD to the Hays County Commissioners Court. During April 2016, a Personal Bond

Contract between the two entities came into existence. Since the inception of the Program,

Commissioners Court has provided the CSCD with funds to operate the Program. Oversight of the

funds is managed by the Administrative Division of the CSCD.

Since the implementation of the Program, evidence-based risk assessments have been utilized by

Pretrial Bond Officers with defendants who meet the definition of the Target Population. If the

results of the assessment show the defendant does not have a high risk of committing further crimes

while waiting for final disposition of the pending case and has a high likelihood of appearing for

Court proceedings, the Officer approaches the Magistrate and requests approval for the defendant

to be supervised in the community.

Pretrial Bond and Indigent Defense Subcommittee

Hays County Criminal Justice Coordinating Commission

Additionally, the Pretrial Bond Officer monitors defendants who have a Condition of Bond as

ordered by the Court to report to the Officer while sentencing is pending. These cases are similar to

the Target Population, as they are defendants who are pending sentencing and require supervision

within the community. A difference is the defendant was not assessed by the Officer as meeting

criteria for pretrial services. Instead, it was an Order of the Court.

Oversight of the Officer providing services is provided by the CSCD – Deputy Director and

Supervisor of the Hays Division; and the CSCD Director.

FOUR YEAR SUMMARY OF THE PRETRIAL BOND PROGRAM (2016 – 2019)

The Tables below were constructed after a review of past Reports submitted by this Department to

Hays County Commissioner’s Court. Per Article 17.42 of the Code of Criminal Procedure, not later

than April 1 of each year, an Annual Report is prepared by the CSCD; and delivered to the

Commissioner’s Court outlining outcomes related to the operation of the Program.

Number of Defendants Supervised and Number of Defendants that Failed to Appear:

Outlines calendar years, the number of defendants supervised by Pretrial Bond Supervision and the

number of Failures to Appear for Court.

Number of Defendants Supervised and Number of Defendants Who Failed to Appear

Calendar Year

Officer Assessment / Court Approval

Court Order: Condition of Bond

Number of Defendants Failing to Appear in Court

2019 245 54 22

2018 152 30 10

2017 123 36 14

2016 42 21 6

TOTAL: 562 141 52

562141

52

0 100 200 300 400 500 600

NUMBER OF DEFENDANTS SUPERVISED VS. NUMBER OF DEFENANTS WHO

FAILED TO APPEAR (2016-2019)

Failure to Appear Condition of Bond Officer Assessment

Pretrial Bond and Indigent Defense Subcommittee

Hays County Criminal Justice Coordinating Commission

Cost Savings – Defendants Deemed Indigent / Low Risk to Reoffend:

Outlines estimated cost savings related only to those defendants who met criteria for the Target

Population and were authorized to be supervised in the community after an evidence- based risk

assessment was completed. This table does not include the number of defendants who were ordered

to be supervised in the community as a Condition of Bond (N = 141).

In order to calculate Cost Savings, the amount of $125.07 per day to house an inmate in the Hays

County Jail was used. The cost per day was provided by the Hays County Auditor's Office. The

numbers 30, 45, and 90 were used as the number of days a defendant could have been incarcerated

prior to final disposition, instead of being supervised in the community.

Cost Savings – Defendants Deemed Indigent / Low Risk to Reoffend

Calendar Year

No. of Defendants

30 Days (N x 30 x $71.27)

45 Days (N x 45 x $71.27)

90 Days (N x 90 x 71.27)

2019 191 $716,651.10 $1,074,976.65 $2,149,953.30

2018 122 $457,756.20 $686,634.30 $1,373,268.60

2017 87 $326,432.70 $489,649.05 $979,298.10

2016 63 $236,382.30 $354,573.45 $709,146.90

TOTAL 463 $1,737,222.30 $2,605,833.45 $5,211,666.90

Monies Collected from Defendants:

Outlines monies collected from those defendants who are supervised by Pretrial Bond Supervision.

Monies collected include fees paid to the County (no more than 3% of the Bond Amount) and

supervisory fees paid to the CSCD including the cost for the testing of urine specimen collection.

No. of Defendants

30 Days Jail

45 Days Jail

90 Days Jail

463

$1,737,222.30

$2,605,833.45

$5,211,666.90

COST SAVINGS – DEFENDANTS DEEMED INDIGENT / LOW RISK TO REOFFEND (2016 - 2019)

Pretrial Bond and Indigent Defense Subcommittee

Hays County Criminal Justice Coordinating Commission

Monies Collected from Defendants:

Calendar Year

No. of Defendants: Deemed Indigent

No. of Defendants: Order on Condition of Bond

Monies Collected

2019 245 54 $24,651.34

2018 152 30 $19,981.98

2017 123 36 $12,691.00

2016 42 21 $4,589.00

TOTAL: 562 141 $61,913.32

SUMMARY

In addition to providing a proactive direct alternative to costly incarceration, the defendant who is

released on Pretrial Bond Supervision is expected to be employed. When employed, a defendant has

the opportunity to support their dependents and is able to pay for costs of their supervision.

Through the end of December 2019, defendants participating in the Program have paid $61,913.32

for costs related to their supervision.

Calendar Year 2016 – Present:

Two primary purposes of this Program are to reduce overcrowding at the jail and assure defendants

will appear in Court as directed.

Since the inception of the Program, according to Annual Reports submitted to Commissioner’s

Court, using $125.07 per day as the cost to house an inmate at the County Jail, the amount of money

saved is estimated at $1,737,222.30 - $5,211,666.90. Via the Target Population and those with an

Order of Conditions of Bond, defendants have been supervised in the community instead of being

housed in the County Jail; and more than 85% of those defendants have appeared in Court as

directed. A cumulative total of all defendants monitored and/or supervised through the end of July

2020 is 1,330, with 626 of those cases coming from January 1, 2020 through July 31, 2020. A

comparison of Calendar Year 2016 and the number being supervised as of the writing of this report

shows an 893% growth in caseload size.

No. of Defendants

Monies Collected

703

$61,913.32

Monies Collected from Defendants (2011 - 2016)

No. of Defendants Monies Collected

Pretrial Bond and Indigent Defense Subcommittee

Hays County Criminal Justice Coordinating Commission

REQUEST

Beginning in Fiscal Year 2021 and for the purpose of hiring an additional Officer, the Pretrial and

Indigent Defense Subcommittee is requesting the Hays County Criminal Justice Coordinating

Commission to approve a request to Commissioner’s Court for an additional Pretrial Bond Officer.

With the additional officer, the Program will be afforded the opportunity to continue to provide

consistent, uniform, and quality services to the defendant who has been:

▪ Authorized for Pretrial Bond Supervision

▪ Ordered as a Condition of Bond to be supervised by this Department

Thank you for your consideration.

Modified Statement of Grant Award FY2020 Technical

Support Grant Grant Number: 19-TS-105 Grantee Name: Hays County Program Title: Regional Padilla Compliance Pilot Project Grant Period: 10/1/2019-9/30/2020 Grant Award: $342,720

The Texas Indigent Defense Commission (herein, the Commission) has awarded the above-referenced grant to Hays County (herein, the County) for indigent defense services. The authorized official named on the grant application must sign this Statement of Grant Award and return it to the Commission by September 30,2020. The grantee will not receive any grant funds until this notice is executed and returned to the Commission. Funding is provided as listed in the categories in the table below:

Direct Costs 1) Personnel - Salaries (FTEs: 0)2) Fringe Benefits3) Travel and Training4) Equipment5) Supplies6) Contract Services $326,400 7) Indirect Costs $16,320 Total Proposed Costs $342,720 Less County Match 0 Total Amount Funded by Commission $342,720

Standard Grant Conditions:

• The authorized official for the grantee accepts the grant award.• The authorized official, financial officer, and program director, referred to below as grant officials, must comply with the terms

of the grant as written in the Request for Applications issued in January 2019, including the rules and documents adopted byreference in the Commission’s Grant Rules in Title 1, Part 8, Chapter 173, Texas Administrative Code.

• The grant officials understand that a violation of any term of the grant may result in the Commission placing a temporary holdon grant funds, permanently de-obligating all or part of the grant funds, requiring reimbursement for funds already spent, orbarring the organization from receiving future grants.

• Disbursement of funds is always subject to the availability of funds.• The grant officials agree to follow the grant terms contained in the “Terms and Conditions” contained in Attachment A which

includes the final grant application.• Any indigent defense plan documents submitted to the Commission must continue to meet all grant eligibility requirements.• The judges hearing criminal and juvenile matters must amend the Indigent Defense Plan for their respective courts to include

the program funded under this award if necessary and submit it to the Commission by November 1, 2019.

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