Issue Summary.
Pre-Trial services
can often provide a vital service in seeking an early corrective and restorative approach
to criminal behavior.
It can investigate the background of the
defendant and circumstances of the offense. It can evaluate the feasibility of alternatives to detention and incarceration.
When appropriate, it can recommend remedial actions that
would deal with the recovery potential as well as the risks presented by the
defendant.
However, while much has already been achieved, the scope of Pre-Trial
Services has thus far been limited, and it varies by location. Early
identification of underlying problems and root causes of criminal behavior are
often diagnosed late or not at all. Remedial actions are often not taken,
and monitoring of compliance with desired actions are lacking. Early
assessments and recommendations are not necessarily known or considered
subsequently.
Probation and Correctional Alternatives
are largely funded by counties.
Coalition Position.
Assessment and Redirection
Pre-Trial Services should
be strengthened, using advanced risk and needs assessment tools, and these
services should be made available to all indigent defendants
throughout NYS. When done well, they should be of
increasing value in decisions of the Court.
Pre-Trial Services should
more often play a key role in the initial
identification of risks and needs, and possible treatment of the offender.
Alcoholism, substance abuse, mental illness, and weakness in education, job
training, life skills, and cognitive skills can be understood, and, where
feasible, corrective
recommendations should be submitted to the court, in collaboration with counsel.
The Pre-Trial recommendations should, in more cases, include diversion to
alternatives to incarceration, with a "Service Plan" for
required rehabilitation programming.
These Pre-Trial assessments and recommendations should follow the
defendant, and be considered not only by the Court, but also by any subsequent
probation officers, counselors, parole board members and and parole
officers.
In the case of a subsequent
conviction of the defendant, the Pre-Trial recommendations should guide
an incentive-based
rehabilitation plan for a
reentry process that begins at the time of conviction.
Pre-Trial Service should further encourage building the elements of
restorative justice, including victim awareness, informally- acknowledged remorse for crime, repair
of damage, and steps to help avoid any recurrence of the crime. In selected
cases, a "Circle of Accountability and Support," composed of extended family
and responsible friends, should be formed to guide and mentor the offender.
Funding
Increased funding must be
adequate to achieve the above, and to promote more universal and high quality Pre-Trial Services
throughout NYS. Greater investment should be made at this "front end"
of the justice system to redirect offenders, and to avoid unnecessary
incarceration, with consequent fiscal and social expense.
State compensation of counties for their funding of Probation
and Correctional Alternatives should be provided. This would help to avoid
any local cost-preference for state-funded prison rather than county-funded
alternatives to incarceration.
Rationale.
A high priority for early intervention can save the productive lives of youth, which otherwise could be jeopardized by unnecessary incarceration. Expanded Pre-Trial Services can make early diagnosis and arrange timely remedial actions. Moreover, major savings can result from these investments "at the front end," in avoidance of unnecessary incarceration, crime, and recidivism.
In cases of convictions, expanded Pre-Trial Services can set the stage for subsequently-successful rehabilitation and reentry processes.
The NYS Commission on Sentencing Reform, in its report of October 15, 2007, states: "A comprehensive risk and needs assessment conducted as part of the pre-sentence (or pre-plea) investigation can provide the sentencing judge with a clear picture of offender risk, deficits and strengths. The assessment made during the pre-sentence investigation also should be made at DOCS intake. Currently, DOCS uses a pre-sentence report prepared by the local probation department as its primary document to determine programming for an inmate. However, DOCS cannot control the sufficiency, accuracy or comprehensiveness of such a report and most pre-sentence reports are not sufficient to guide programming and other important decisions regarding an inmate. A validated risk and needs instrument can be an invaluable tool for conducting a comprehensive intake assessment which, in turn, should drive offender programming."
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