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Wayne State University Center for Behavioral Health and Justice Indiana Office of Court Services Pretrial Pilot Study Brad Ray, Ph.D Director of the Center for Behavioral Health and Justice Wayne State University Spencer G. Lawson, M.S Michigan State University Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Wayne State University Center for Behavioral Health and Justice Indiana Pretrial Pilot Project The Center for Behavioral Health and Justice is a community‐engaged research group who works directly with agencies to address social problems through data‐driven decision making in the development, implementation, and evaluation of policies and initiatives Evan Lowder, Ph.D Assistant Professor Criminology, Law and Society George Mason University Eric Grommon, Ph.D Associate Professor O’Neill School of Public and Environmental Affairs Indian University – Purdue University Indianapolis Spencer G. Lawson, M.S School of Criminal Justice Michigan State University Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Wayne State University Center for Behavioral Health and Justice Indiana Pretrial Pilot Project • In 2014, the Indiana Supreme Court authorized the development of a pretrial release pilot project in collaboration with the Evidence Based Decision Making Initiative • Criminal Rule 26: “In determining whether an arrestee presents a substantial risk of flight or danger to self or other persons or to the public, the court should utilize the results of an evidence‐based risk assessment…” • Indiana Criminal Rule 26 was the foundation for the 11 pretrial pilot project counties • Evaluation efforts started in 2015 and was initially aimed at examining the barriers and facilitators towards implementation of the Indiana Risk Assessment System – Pretrial Assessment Tool (IRAS‐PAT) and has more recently focused on validation Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Wayne State University Center for Behavioral Health and Justice Indiana Pretrial Risk Assessment Tool • Administered to determine risk of pretrial failure • Self‐report and verification • Low, Moderate, or High Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Wayne State University Center for Behavioral Health and Justice EPIS Framework: IRAS‐PAT A developmental evaluation, aimed at course corrections toward the utilization and validation of a structured risk assessment tool 2015 2019 Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Wayne State University Center for Behavioral Health and Justice Exploration Phase • Every state has enacted legal reforms governing pretrial release with the goal of exploring alternatives to money bail • Unstructured professional judgments have repeatedly been shown to be less accurate than evidence‐based risk assessment approaches • Structured risk assessment tools are informed by more than 65 years of rigorous research into factors associated with public safety risks Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Wayne State University Center for Behavioral Health and Justice Exploration Phase Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Wayne State University Center for Behavioral Health and Justice Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Wayne State University Center for Behavioral Health and Justice Preparation Phase Pretrial Pilot Counties • Allen • Bartholomew • Grant • Hamilton • Hendricks • Jefferson • Monroe • Porter • St. Joseph • Starke • Tipton Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Wayne State University Center for Behavioral Health and Justice Preparation Phase Facilitators • Pretrial recommendations helpful at initial hearings • Established local teams committed to the pretrial risk assessment process Barriers • Lack of integration across local data systems • Concerns about the IRAS‐PAT instrument Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Wayne State University Center for Behavioral Health and Justice Preparation Phase Preliminary integration and analysis of linked INCite and Odyssey data: 2014 ‐ 2016 Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Wayne State University Center for Behavioral Health and Justice Preparation Phase Preliminary integration and analysis of linked INCite and Odyssey data: 2014 ‐ 2016 Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Wayne State University Center for Behavioral Health and Justice Preparation Phase • The IRAS‐PAT was not being used in the decision‐making process • Counties were using the IRAS‐PAT at varying points in the criminal justice system, with different populations, and different release schedules: • Allen County had a target population of non‐violent F5/F6 arrestees and used an additional risk tool for pre‐screening • Bartholomew County had a target population which largely consisted of those arrestees with warrants issues or charges filed Evaluation plan shifted to validation of the IRAS‐PAT Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Wayne State University Center for Behavioral Health and Justice Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Wayne State University Center for Behavioral Health and Justice Implementation Phase Pretrial Pilot Counties • Allen Mar. 2016 • Bartholomew Sept. 2016 • Grant Aug. 2017 • Hamilton June 2016 • Hendricks Jan. 2016 • Jefferson Oct. 2016 • Monroe Oct. 2016 • Porter Mar. 2017 • St. Joseph Oct. 2016 • Starke Jan. 2016 • Tipton Oct. 2016 Validation requires approximately one‐ year of IRAS‐PAT implementation and an additional year for follow‐up Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 IRAS‐PAT Validation • Validation is the process of demonstrating the quality of a measure, the scores obtained with the measure, or the interpretation of those scores • Example: mental illness • Kessler (6) screening instrument • Distress from serious mental illness in past 30 days Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Kessler (6) Example 30% 30% 20% 20% 16% 10% County G 0% 2017 30% 2019 20% 22% 19% County 10% 12% 0% 2017 30% 20% 18% H 2019 16% County 10% 0% 2017 22% 21% 10% E County 0% 2017 2019 D 2019 40% 30% 30% 30% 30% 20% 10% 20% 22% 21% 25% 22% 20% 20% 18% County J 0% 2017 County 10% 2019 0% 2017 10% B 2019 32% 27% 0% 2017 19% County 10% A 2019 County I 0% 2017 Data Source: K6 Collection 2017 & 2019 Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 IRAS‐PAT Validation • The IRAS is a suite of assessments: Community Supervision and Screening Tool (CSST), Community and Screening Tool (CST), Prison Intake Tool (PIT), and Reentry Tool (RT) The IRAS‐PAT measures the risk for failure‐to‐appear and reoffend while on pre‐trial supervision Pretrial risk assessment tools are designed to inform not replace the exercise of judicial decision‐making and discretion No matter how well validated in other jurisdictions, assessments should be subjected to local evaluation Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 2019 IRAS‐PAT Validation • Record linkage between three systems INCite • We cannot validate the IRAS‐PAT without local jail data Unique Individual Event • We need to know when a person entered the jail, left the jail, and a broad understanding of the arrest charges Odyssey Jail • From a research standpoint nothing has proven more challenging than the collection of local jail data Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 IRAS‐PAT Validation: Monroe County • Data Sources Sample Flow Chart • Pretrial records • Jail bookings • Odyssey court records • Matching • Offense date (O) • Arrest date (J) • Charge filing date (O) • Booking date (J) Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 IRAS‐PAT Validation: Monroe County Distribution of Risk Classifications Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 IRAS‐PAT Validation: Monroe County Predictive Validity: Any Failure‐to‐Appear Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 IRAS‐PAT Validation: Monroe County Predictive Validity: Any Arrest Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 IRAS‐PAT Validation: Monroe County Predictive Validity: Any Misconduct Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 IRAS‐PAT Validation: Monroe County Predictive Validity Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 IRAS‐PAT Validation: Monroe County Predictive Validity Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 IRAS‐PAT Validation: Monroe County • Preliminary results suggest moderate to strong predictive accuracy of IRAS‐PAT assessment in Monroe County, Indiana • IRAS‐PAT assessments predict arrest with more accuracy than FTA • High proportions of defendants at moderate (33%) and high (52%) risk levels engage in any pretrial misconduct; should be closer to 18% and 29% respectively based on instrument design Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Wayne State University Center for Behavioral Health and Justice Implementation Phase Continue working with counties to obtain local booking data to provide a local validation of the IRAS‐PAT Need to assure we have adequate sample size for validation Data needed to be cleaned and linked prior to validation Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Wayne State University Center for Behavioral Health and Justice Implementation Phase Pretrial Pilot Counties • Allen Mar. 2016 • Bartholomew Sept. 2016 • Grant Aug. 2017 • Hamilton June 2016 • Hendricks Jan. 2016 • Jefferson Oct. 2016 • Monroe Oct. 2016 • Porter Mar. 2017 • St. Joseph Oct. 2016 • Starke Jan. 2016 • Tipton Oct. 2016 Validation requires approximately one‐ year of IRAS‐PAT implementation and an additional year for follow‐up Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Wayne State University Center for Behavioral Health and Justice Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Wayne State University Center for Behavioral Health and Justice Sustainment Phase Quality Assurance and Future Research • Determine validation within county specific practices • Investigate pretrial supervision on court appearance and public safety outcomes • Inform supervision practices for optimal outcomes by risk‐level • Examine whether the implementation of pretrial risk assessments improves the fairness of pretrial release decisions for racial‐ethnic minorities (funded by the National Institute of Justice) Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019 Michigan Mental Health Diversion Council Wayne State University Center for Behavioral Health and Justice Questions & Discussion Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019