Probation officers on new pretrial assessments: ‘It’s the right thing to do’
A man in his late 60s was recently arrested for driving while intoxicated and was taken to the Lake County Jail.
Probation Officer Lisa Renner researched the man’s past in various databases, and found that he had no criminal history, she said.
During the assessment, Renner said she learned that the man was retired with no family members in the area, which would’ve made it harder for him to bond out.
The man scored a one on the assessment, which means he is low risk and was released from jail before his next court date, Renner said.
“He shouldn’t have to stay here because he has no one to call or because he can’t get the bond. He’s never been in trouble before,” Renner said.
Lake County Jail and court personnel recently began following Criminal Rule 26, a state
mandate that allows persons who have been arrested and deemed low-risk offenders to be released with a court date.
Last weekend, a 62-yearold man was arrested and booked in the county jail. Probation Officer Tom James found it was his first arrest.
The man scored a one on the risk assessment, James said, but, the man was held because he was arrested in connection with a domestic battery incident.
“It was a current domestic battery (case),” James said. “He has to stay.”
During the month of January, three Lake County probation officers have been working overtime during the weekday evenings and weekends to comply with Rule 26.
The rule became Indiana law on Jan. 1. Since about October, Lake County Superior Court Judge Julie Cantrell has worked with other county judges, Rule 26 pilot county officials and the Lake County Council to figure out how Lake County should implement it.
Lake County officials agreed to use January as a trial period, Cantrell said. In the first month, more than 300 people were assessed, and between 40 and 50 were released, she said.
“We’re not releasing people who shouldn’t be, but we’re not leaving people in the jail who shouldn’t be there, either,” Cantrell said. “Only one in six are getting out, so it’s not like it’s opening the gates of the jail and everyone gets out.”
The probation officers are assessing almost everyone brought to the jail, besides people facing murder and treason charges,
Cantrell said.
Under the rule guidelines, anyone on probation or parole and anyone released under Rule 26 but gets arrested again is excluded from pretrial release.
But, the probation officers still assess the people facing those charges, and the score is given to the presiding judge for consideration, Cantrell said.
Each day, the three probation officers are given a list of people brought into the jail, what they’ve been charged with and how long they’ve been in jail, Cantrell said. That’s when the work begins.
Everyone on the list is researched, including a criminal background check and probation or parole status check. The research can take between 20 to 30 minutes per person, Renner said.
“The word is out about us being in there,” James said. “So, you have to make sure that the information you’re getting from these people is accurate.”
Once everyone on the list has been researched, the probation officer goes to the jail to meet with each person individually, Renner said.
The assessment has seven questions, which focus on criminal history, employment, residential stability and drug use. For example, there is a question that asks if the person has had “three or more prior jail incarcerations.” If the answer is no, the person scores a zero, and if the answer is yes, the person scores a one.
When adding the points for all seven questions, if someone receives a 0-2, they are considered low risk, according to the assessment. Low-risk individuals are released and are mailed their next court date, Cantrell said.
A score of 3-5 means the person is a moderate risk, and a score of six or higher means the person is a high risk.
For a moderate risk person, the probation officer calls Cantrell and they discuss each case individually to determine the best move forward, which tends to be releasing the person “with conditions,” such as a monitoring bracelet or counseling, until their next court date, she said.
High risk individuals are held in jail until their bond hearing, she said.
“We’re definitely not taking this lightly. This is not just a rubber stamp process. We’re truly doing the research, vetting the people, and then asking them questions once we know the answers because we want to see if they’re being honest,” Cantrell said.
There have also been “growing pains,” the probation officers said, such as getting used to walking through the jail and learning how the jail operates.
As the county moves forward with Rule 26, James said he is worried about people realizing what the questions are for and that some people may lie to lower their scores. That’s why research is a critical part of the process, he said.
The probation officers agreed that Rule 26 has changed their mindset about pretrial jail time. During the assessment, Renner said a lot of people, even if they aren’t being released, have been asking for help and resources.
“We are trying to help them as much as interview them, if that’s what their asking for,” Renner said.
James said that not everyone can afford to get out of jail, which leads to an increase jail population because they are “stuck” until their initial hearing.