The right releases

Courts’ new pre-trial tool gives judges more information

Whether you’re a judge, prosecutor or defense attorney, it’s good to know as much as you can about the defendant who’s sitting in the courtroom wondering while arguments are made whether he/she is headed to jail or freedom. And if you’re a taxpayer and/or a resident, you expect those professionals to have the information they need to keep your dollars, and your family, safe.

Beginning next week, Bernalillo County Metropolitan and the 2nd Judicial District courts will begin using what promises to be an impressive new tool to determine whether defendants should be released on their own recognizance, released with certain conditions or held in jail until trial.

The tool, known as the Public Safety Assessment, was developed by a private foundation whose researchers analyzed 1.5 million criminal cases nationwide to determine what factors influence whether a defendant is a risk — to flee, re-offend or commit a violent act — if they’re freed while awaiting trial. And having this type of tool statewide is a goal of the state Supreme Court’s new pretrial detention and release guidelines.

Chief District Court Judge Nan Nash explains “the court, the prosecution and the public defenders have very different roles in the system, and that fundamentally is going to create some tension. This is a tool that meets our different needs.”

Although a risk assessment tool already exists, the PSA is more specific, breaking the scoring into the three categories to better ensure those defendants who pose a danger to the community are the ones who are locked up, and those who can function in society — albeit with monitoring or treatment or pretrial diversion services — can do so rather than rack up jail expenses for the public. Like the current system, it does not take into account charges that have been dismissed. However, proponents (including local and state judges, the prosecutor’s office and public defenders) say those arrests can be brought up in court, and judges will maintain discretion on who does/does not get released along with conditions. Proponents say the program should put a dent in so-called catch-and-release cases in which chronic repeat offenders wind up in court again and again, only to be given low bonds and scant supervision.

The PSA dovetails with District Attorney Raúl Torrez’s emphasis on prosecuting repeat offenders and the worst-of-the-worst criminals who account for an inordinate number of Metro-area crimes. Kudos to the team that has worked for six months to get this in place, and for vowing to provide monitoring and regular evaluations to determine whether it’s delivering as promised.

Recovery Court hits milestone

One court program that delivers huge savings in court costs is Metro’s Recovery Court, designed to get repeat DWI offenders into tightly monitored recovery programs instead of sticking them in jail where they may, or may not, get the help they need to change their destructive behavior.

The court turned 20 last week, and it’s efficacy is undeniable.

Chief Judge Edward Benavidez says it saves taxpayers about $2 million a year in incarceration costs, and of the 290 participants he’s overseen in nearly three years, only four have re-offended. That’s made him a believer that treatment is a far better approach to curbing DWI than jail time or even tougher DWI laws.

Recovery Court is voluntary, and it’s no cakewalk. It takes 12 to 18 months to complete, requires regular check-ins, mandatory counseling and frequent alcohol or drug testing. Participants have to maintain employment or complete 28 hours of community service each week, and infractions lead to sanctions ranging from community service to jail time. Upon graduation from the program, the participant’s DWI sentence is suspended.

That’s a reward that pays off, quite literally, in dollars and safety for the defendant and the public. Here’s hoping the court enjoys another 20 years of success.