HomeMy WebLinkAboutAgenda - 10-16-2012 - 7c ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 16, 2012
Action Agenda
Item No. 7-c
SUBJECT: Pretrial Services for Chatham and Orange Counties, Inc. Request for Additional
Funding for FY2012-13
DEPARTMENT: Financial and Administrative PUBLIC HEARING: (Y/N) No
Services, County Manager
ATTACHMENT(S): INFORMATION CONTACT:
Clarence Grief, Assistant County
1. Pretrial Services Evaluation Report- Manager/Chief Financial Officer, 919
Budget and Management 245 2453
2. September 26, 2012 Pretrial Gwen Harvey, Assistant County
Services' Request with Supportive Manager, 919 245 2307
Background Materials Joyce Kuhn, Director, Pretrial Services,
919 245 2970
PURPOSE: To consider a request from Pretrial Services for Chatham and Orange Counties,
Inc. to increase its original FY2012-13 funding allocation by $40,000
BACKGROUND: Pretrial Services for Chatham and Orange Counties, Inc. screens and
investigates background and history of defendants who cannot afford bond pending resolution of
their cases. In so doing, it provides information on possible defendant release and supervision
to district and superior court judges so that placement in jail may be unnecessary. Pretrial
connects defendants in need of services with mental health, substance abuse, and other
community support partners to stabilize them, enhance community safety, and reduce
recidivism. Additionally, the agency prepares sentencing plans by individual contracts with the
State for reimbursement.
The Department of Social Services and the Social Services Board reviewed the Pretrial
Services' Outside Agency grant application for FY2012-13. The review team rated Pretrial
Services a social safety net function, effective in supplementing existing County services, and
serving Orange County residents predominately. (The historical caseload split between Orange
and Chatham counties has been 70:30.)
The BOCC awarded Pretrial Services $70,000 in FY2012-13, the same as for FY2011-12.
Chatham County allocated $19,000 in FY2012-13, the same amount as in past years. The
Towns provided $6,000 (Chapel Hill); $4,000 (Carrboro); and $320 (Hillsborough) in FY2012-13.
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State funding for alternative sentencing programs was eliminated in FY2011-12. Pretrial
Services has experienced mounting fiscal stress due to loss of State funding alongside steadily
increasing caseloads. It has used fund balance (reserves) to continue operating and has re-
located into in-kind space in the Sheriff's Department for lease savings of $8,400. Two
employees — one full time and one part time — presently conduct all program operations.
Contracts for professional services to help manage defendant caseloads have been eliminated
in an effort to sustain operations to the end the fiscal year.
Pretrial Services is appealing to the BOCC for additional financial support in the amount of
$40,000, which Pre-Trial Services states is critically necessary to continue current service levels
for the remainder of FY2012-13. This potential increase would raise the current allocation to
Pretrial Services from $70,000 to $110,000. Agency leadership projects the need to request a
total of$130,000 in County contribution in the FY2013-14 application cycle.
Management review of Pretrial Services supports the following conclusions:
• Majority of benefits accrue to Orange County participants
• Orange County services are priority proportionate to County investment
• Federal and State government have essentially eliminated funding support
• Socio-economic factors drive pretrial caseload
• Pretrial releases assist in managing jail population
• The Sheriff's Department saves Pretrial Services $8,400 annually through donated office
space
FINANCIAL IMPACT: A transfer from the General Fund fund balance would be needed to
increase the allocation to Pretrial Services in FY2012-13.
RECOMMENDATION(S): The Manager recommends the Board
1. Approve increased funding to Pretrial Services in the amount of$40,000 for FY2012-13;
2. Direct staff to bring back a budget amendment to appropriate the increased allocation;
and
3. Direct staff to review and strengthen subsequent performance agreements to ensure
Orange County investment is strictly applied to Orange County outcomes and consider
alternative options to current operations to help offset local costs associated with these
services.
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Attachment 1
MEMORANDUM
TO: Frank Clifton, County Manager
FROM: Lisa Henty, Budget and Management Analyst
RE: Pretrial Services Update
DATE: August 13, 2012
Pretrial Services in North Carolina
As of March 2012, there were thirty-one pretrial programs in North Carolina. The vast majority
of these programs occur in the piedmont or central region of the state. A significant factor
supporting this pattern would be the population density of these counties. This is not to say
that all counties that have pretrial programs are large, but since the tangible savings comes
from preventing jail bed overcrowding, it makes sense that most programs are in population
dense counties.
As it currently stands, there are no federal or state regulations pertaining to the set up and
operation of pretrial programs in North Carolina. The vast majority of the thirty-one programs
are run directly by the local county. One is run through the Sheriff's Office and the remaining
three are run via a local non-profit.
The North Carolina Senate has proposed SB 756, which passed its second and third reading in
June 2011, would require all pretrial programs to wait at least 48 hours before interviewing
clients and recommending pretrial release. The bill is currently stalled in the House, referred
back to a subcommittee in June 2012. The bill gained momentum from bail bondsmen
lobbying, particularly in Mecklenburg County because of the implementation of this program.
Given the size of Orange County and the potential releases in any given year, the passage of this
bill would seriously jeopardize the effectiveness of this program at the local level.
Non-Profit Profile
Pretrial Services for Chatham and Orange Counties, Inc. (Pretrial Services) is located in
Hillsborough, formerly at 100 North Churton Street, and just recently relocated to the
Courthouse among the Sheriff's space in the basement. It is a small, shared office with both the
Director and the Coordinator.
Currently, the operation relies on one full-time and one part-time individual; in the past some
contractors were used to help fill in increased caseloads. However, due to the elimination of
the state grant for alternative sentencing in 2011-12 all operations will remain in-house for the
2012-13 fiscal year.
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Budget
The total budget for Pretrial Services for fiscal year 2011-12 was $180,864. The majority of
costs are in the personnel category with approximately $111,000 spent on permanent salaries,
$17,000 on benefits, $8,400 in payroll taxes and $16,000 for contracted professional work.
As the financial statements have shown the agency has continually utilized its fund balance in
the last two years. It was at this time the state decreased and then completely discontinued
the alternative sentencing grant.
Pretrial Services will also save an additional $8,400 this year if an in-kind donation of office
space provided by the Orange County Sheriff is formalized through an appropriate lease
agreement. At their former location, 100 North Churton Street, the rent cost $700 a month.
Caseload
Historically, the caseload split between Orange and Chatham Counties has been 70:30
respectively. In 2011-12, Orange County intakes totaled 308, or 70.6 percent of all intakes
completed. Likewise, releases consisted of a total of 77.9 percent of all approved releases
between the two counties.
Majority of the cost and benefits occurs with Orange County participants. However, given the
nature of what is involved in pretrial release (see Appendix A), regardless of the total number of
intakes and/or releases the same process is applied. Essentially, every day, the Director and
Coordinator must go to the respective jails, collect the first appearances list of arrests from the
prior day and research the individuals to determine if an interview is appropriate. Therefore, at
the current funding level, Orange County is essentially subsidizing the Chatham County cases,
albeit indirectly. Below a graph demonstrates the 70:30 caseload split. Of particular note is the
total number of rejected applicants in both counties. It would appear from the most recent
data, that a higher percentage of Chatham County arrestees are not eligible for program. This
could again, relate back to the overall population of the county.
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FY 2011-12 Pretrial Release Data
500
400
300 J 1 1/
200
11000
100 j„ �� .... ....
0
Intakes Releases Rejected Applicants
Orange County V Chatham County
As the graph below indicates, the total Orange County pretrial caseload has significantly
increased over the last four years. This last year, fiscal year 2011-12, had the lowest number of
rejected applicants. Therefore not only are total cases increasing, but fewer people were
rejected this year compared to the three prior years. There are socioeconomic factors that
may be at risk to explain this trend however, this is not addressed in this memorandum.
Historical Pretrial Data - Orange Only
350
300 7
250 ®:
200 »»
150 "7/;%
111111111111111101111111111111111111111111111111111 ....
....
.... .... p° 111111111111111111111111111111
100 1ll
uuuiuu V
50 m uEIIhuNVVVVVVVV a a a a a
0 ... .....
2008-09 2009-10 2010-11 2011-12
IIIIIIIIII Releases V Rejected Applicants
.....................................................................................................................................................................................................................................................................................................................................................................................
Cost Savings
According to reports submitted to the North Carolina Sentencing and Policy Advisory
Commission, the average participation length for individuals under Pretrial Services supervision
is 115 days. This means that (on average) if a person is released to Pretrial Services on August
8, 2012 it will take 115 days for their case to progress through the court process. A case is
considered complete if it results in a sentence to prison or probation or if the case is dismissed.
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Reported cost savings to the County are calculated based on the total number of days that a
client is not in jail awaiting trial or sentencing. For calculation purposes, Pretrial Services uses
the length of time a person is under surveillance and required to report as the total number of
jail bed days, with the assumption that had the individual not been released under the
program's supervision, it would have been costing the County resources to house that person in
the County jail. For fiscal year ending June 30, 2012, Pretrial Services estimates a total savings
to the County of$1,134,520. The agency's calculation for this savings is demonstrated below:
230 30,113 $40.00 cost $70,000
Pretrial days X per day per $1,204,520 Outside
releases monitored jail bed savings Agency Award
$1,134,520
Total Savings to Orange County
Organizational Sustainabilitv
With no federal or state involvement, there is little to no available funding for these programs.
Therefore, the responsibility has fallen to the next level: county and municipal governments.
With the revocation of the alternative sentencing grant from the state, Pretrial Services
becomes yet another unfunded program that has served and is recognized by the local
community.
For the current year, Pretrial Services will receive a total of $79,500 from Orange County,
Chapel Hill and Carrboro. The breakdown between the entities is as follows:
2012-13
Local Government Funding
Orange County $70,000
Town of Carrboro $3,500
Town of Chapel Hill $6,000
Pretrial Services also receives support from Chatham County, in the amount of $19,000. The
Executive Director indicated that once the $19,000 runs out from Chatham County this year,
Pretrial Services will exclusively focus its efforts in Orange County until they can reapply for
more funding next fiscal year. Therefore, local governments, including Chatham County
provide Pretrial Services$98,500 of their$180,864 budget. This equates to just over 54 percent
of the total budget. The last two years, the gap has been closed with the use of fund balance.
The sustainability of this program is highly dependent on continued local support. If all entities
are not working in tandem, Pretrial Services will face similar funding concerns in the future.
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It is recommended that any future financial support allocated to Pretrial Services be executed
via a contract agreement administered by the Sheriff's Office. Should the Board of County
Commissioners find desire to increase financial support of this program, it is imperative to bring
all the local municipalities together to arrange a contract agreement that will share in the costs
and commitments of the program. Pretrial Services has requested an increase of $60,015 for
the current fiscal year.This would increase their total county allocation to $130,015.
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Appendix A—Shadowing Pretrial Services in Orange County
On Tuesday, July 24, 2012, Joyce Kuhn, Executive Director of Pretrial Services for Chatham and
Orange Counties, provided the opportunity to shadow a "Day in Pretrial Services."
The day begins with a visit to the Jail intake to receive a list of all individuals who were
received by the correctional facility in the last twenty-four hours. I was quite amazed to see the
process. The Coordinator interacted with the deputies on a very professional level. It was clear
to me that relationships had been established with each of the officers. One even shared with
me the importance of the program's ability to help those who cannot afford their set bond as
well as the flexibility it provides the jail in terms of the total beds occupied. Upon receiving a
list, the Coordinator also receives the basic information on the individual and his charges.
The Coordinator then takes this information back to the office and proceeds with an arrest
record search. These searches are conducted with the use of a State database which provides
all arrest records, for all 100 counties in North Carolina, for all arrests from 1985 to present day.
In a matter of moments, the search data will return details to provide the Coordinator with
information that can help determine if a pretrial release would be a reasonable option that did
not adversely affect the wellbeing of the community. In general, felony offenses and domestic
abuse incidents are typically grounds for a rejection. In the case a rejection, Pretrial Services
involvement with that client ends unless assigned by a judge at the individual's first
appearance.
If the individual does not have a history of violence or felony offenses, the Coordinator will
go back to the correctional facility and request to meet with the individual. The interview lasts
a minimum of twenty minutes. Some of the questions asked are asked of every client such as:
• Are you aware of your charges?
• Are there any markings on your body you'd like to report?
• Are you on any medications? If so did you inform the deputies at intake?
There are also additional questions that try to build a social picture for the individual. These
questions can help provide insight to prior arrests, substance abuse or mental health issues, as
well as other patterns that may indicate a need for an additional service or treatment option
that can be provided outside of the correctional facility:
• What is your current address, how long have you been at that residence?
• Do you have any family in the area? If so, is there anyone you'd like me to contact?
• Do you have any substance abuse problems? What substances are you currently using?
• Have you tried treatment options or plans in the past before?
• Do you have any history of mental health issues?
• If from outside the area: What is it that brought you to Orange County?
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At the conclusion of the interview, the Coordinator returns back to the office to prepare the
reports, follow-up with family or requested phone calls to individuals who may be able to offer
character information or provide bond for the individual. A small report is prepared that
includes relevant prior arrest and/or pending court case information. At 2pm that afternoon,
the Coordinator takes his place in court and provides updates after the assistant district
attorney speaks regarding the case. The judge also will request additional information at times
from the Coordinator or assign cases that might have been rejected initially for pretrial release.
The remainder of the day continues with additional phone calls and support to the clients.
Pretrial Services provides consultation with many social service applications, particularly, they
provide a client assistance securing substance abuse rehabilitation as part of a condition of
one's release.
Given the small staff, the nature of the monitoring usually occurs through phone calls and
attendance tracking (if certain meetings or programs are a condition of release). Each client has
a set time and day to call (not all clients have to all in every day). If a client does not report to
their said treatment classes or if they fail to report to Pretrial Services, then Pretrial Services
will work with the courts to issue an arrest warrant for that individual for violating the terms
and conditions of the pretrial release.
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ATTACHMENT 2
Pretrial 106 E. Margaret Lane, Hillsborough, NC 27278
Services
BOARD OF DIRECTORS:
September 26, 2012
Natasha Adams
Assistant Public Defender To: Gwendolyn Harvey, ICMA-CM & Clarence G. Grier, CPA,
Charles Anderson CITP:Financial Services
15B District Court Judge
Assistant County Managers
Chris Atack Orange County Government
Carrboro Police Department Link Government Services Center
Mani Dexter 200 S. Cameron
Private Attorney Hillsborough,NC 27278
Amber Keith Drowns
Orange County Victim Services
Dear County Managers:
Vickie Feaster Fornville
Probation/Parole Officer Thank you for your assistance with this appeal to the Board of County
Commissioners for the continuation of Pretrial Services. As you know, the
Reggie Horton service we provide is a long standing one that increases safety in the
Freedom House Recovery Center community and provides a tremendous cost savings (consistently over 1
Jabe Hunter million dollars per year). The efforts of the staff provide safer release
Chapel Hill Police Department options to judges who need supervision options when defendants cannot
afford bond. An additional number of defendants are released directly by
Scott Nicolaysen judges, with specific release conditions including the additional safety net
Hillsborough Police Department
of Pretrial supervision.
Doug Stuart
Chatham County Sheriff's Office Not only does Pretrial supervise defendants on release, but we also look at
some of the challenges facing these defendants, and provide referrals for
Robert Trenkle treatment options that the defendants may not even have known existed.
Private Attorney By helping defendants get treatment and other services, we assist them in
Reginald Tyson stabilizing their lives and beginning the journey toward becoming
Magistrate productive citizens. The agency staff of one full time and one part time
employee assesses the needs of the defendant and provides ways to address
Jim Woodall the underlying personal crisis with supportive services in the community.
15B District Attorney Pretrial supervises the defendants while their charges are pending for an
DIRECTOR: average of approximately four months. This means that the devoted
professional meeting the program need results in$0.88 on the dollar going
Joyce Kuhn directly for services.
A NON-PROFIT COMMUNITY SUPPORTED PROGRAM
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Pretrial investigates the defendant's background, appropriate resources and
assessments, and communicates with all facets of the criminal justice
system including prosecutors,probation officers, law enforcement,
substance abuse and mental health treatment, area hospitals, and many
other related agencies as well as family and friends who can assist in
stabilizing the defendant.
In addition to the calculated savings detailed in Lisa Henty's report, costs
are saved by the value added to management of the Orange County
Detention Center in another way. The detention center houses those
charged with federal crimes and this function of the detention center brings
significant revenue to the county. Pretrial Services works to releases
defendants with state and local charges, freeing up valuable space to hold
federal inmates and thereby increasing county revenue.
Although the agency is currently serving Chatham County as well, this
service ends when the 43% funding received from Chatham for this fiscal
year is spent. Chatham has mentioned the possibility in the future, of
directly contracting with the agency, rather than granting funding as a
human services agency since Pretrial needs more and this displaces the
funding allotted to other human service agencies. We are still exploring
the possibilities.
Pretrial also prepares expert sentencing reports, a closely related activity,
and while this effort brings $500 per case to the agency, the cases are
investigated and reports written by current Pretrial staff, diverting
resources away from other possible duties or requiring additional
personnel. If the increase in funding is granted, the services for sentencing
experts can be contracted out, relieving in part this demand for increased
manpower.
The costs of providing services have outpaced revenue for about four
years. Since that time, the fund balance that kept the agency viable has
steadily decreased and will be spent by the end of this fiscal year. The
growing need for the service requires more revenue to provide services.
Please find supportive letters from Judges, the District Attorney, Mr.
Woodall, and the 15B Bar Association. Please consider this valuable cost
saving service for continued service.
.incerely, it,,(1,
\ iy I uhn
: x: Live Director
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April 16, 2012
Dear Panel Members:
I am a District Court Judge for Orange and Chatham counties and I am writing to encourage full
funding for Pretrial Services. This service can support and educate citizens on their journey
through the court process.
Pretrial Services relieves the county's jail of the inmates that qualify for release, but just as
importantly I count on the background information the staff provides that often informs me of
factors disqualifying inmates or identifying stabilizing resources for the defendant. While these
are processes that occur in court, the county and its citizens benefit by the increase in community
safety the results from directing defendants to resources that assist with stabilization. This
process produces a general "shoring-up"of the community. The staff addresses Spanish speakers
(on the rise) and is knowledgeable of local and state resources for the largely indigent population
which comprises 90% of the program's clients.
I especially value the staff of Pretrial Services for taking spontaneous assignments from me in
the courtroom. They provide expedient information regarding defendants' employment history,
community contacts, criminal records, contacts with victims, and risk factors. They also work to
facilitate the coordination of mental health and substance abuse services for defendants.
Referrals are made and the staff assists with the application process to various treatment facilities
such as Freedom House Recovery Center, TROSA, FIRST at Blue Ridge, ADATC, convalescent
centers, etc.
The Pretrial Services staff works to release inmates who present with health issues or mental
health concerns by locating a viable, stable address while charges are pending. This service saves
the county the cost of housing the defendant and provides the community with an additional
measure of safety as these defendants are often ordered to abide by a curfew that is monitored by
Pretrial Services.
The Pretrial Services staff is proficient in ensuring all defendants under their supervision remain
compliant with conditions of pretrial release. Conditions of release can include continued school
attendance, curfews, drug screens, office visits or telephone contact. In cases of non-compliance
the staff immediately processes an Order for Arrest.
The unique services provided by Pretrial Services mostly occur behind the scenes but make a
great impact for the county. Please consider this staff a multifaceted, efficient,pro-social vehicle
that clearly saves the County far more than the salaries and operating costs. Should you have
questions,please feel free to contact me at (919) 644-4646.
Sincerely,
Beverly A. Scarlett
District Court Judge
Orange and Chatham Counties
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BARBER & r i 1iIIsbrS t
P1111,borQ NC 27312'
LAWYEPS ANC COLINcFORF, 'Office:(919)542-5050 Fax:(919)547-3468
bar b eraridliarbeelaw corn
WADE BARBER
ELIZABETH B. BARBER
21 September 2012
Ms. Joyce Kuhn
Orange Chatham Alternative Sentencing, Inc.
116 S. Churton Street
Hillsborough, NC 27278
Via USPS and entail to kuhnloyce@grnail.com
Re: Judicial District 15B Bar
Dear Ms. Kuhn:
Thank you for your email. Personally, and I think that it is safe to speak for the local bar,
we support your services and very much appreciate the invaluable services you provide to the
people of Orange and Chatham Counties who are facing criminal charges.
Unfortunately, we don't currently have money available to make any contributions to
other organizations. Until this year, we had not raised dues since the early 1990's. Our newly
approved dues increase will not take effect until 2013 —which means it will be a long time yet
until we see that money in the bank.
The membership of 15B will not meet again until May of 2013. Prior to that the
leadership will decide if there might be undesignated funds in the budget and if so, how that
money should be utilized. If there arc undesignated funds and leadership is interested in
allocating part of all of those funds to eligible local agencies, we will post notices of grant funds
available and let Pretrial Services know. Any donation will have to be approved by a vote of the
membership in May, 2013. Based on prior discussions at Bar meetings, I anticipate that there
will be strong lobbies both for making monies available,but also for keeping in the bank to have
a comfortable "reserve."
The district so appreciates your dedication and work in our criminal justice system.
Sincerely,
Elizabeth Barber
EB/mdl
CC: Katie Merritt,President of 15B District Bar
Greg Herman-Giddens„ Secretary/Treasurer of 15B District Bar