Receive update on bail policy and pre-trial services. (No general fund impact) (Fruchtenicht/Olson/Aiello/Oneto)

Receive an update on bail policy in Yolo County, and receive presentation on the creation and provision of current pre-trial services provided in Yolo County and the plan to expand pre-trial services in response to Senate Bill 129.

Background
Bail Policy: Historically, bail had been set by a "bail schedule" that was tied to the charged offense; courts determine if bail should deviate higher or lower from set amounts. In California Supreme Court in Humphrey (2021), the Supreme Court said, "conditioning freedom solely on whether an arrestee can afford bail is unconstitutional." Courts must consider an arrestee's ability to pay and less-restrictive conditions of release that can reasonably assure appearance in court and the safety of communities. 

Pre-Trial Services: In 2010, the Probation Department was awarded a Byrne Foundation grant to establish and operate a Pre-Trial Services Unit for three years.  The provision of pre-trial services is now largely funded through the Community Corrections Partnership (CCP) to help ensure equal, timely and just administration of laws governing pre-trial release for those accused of a crime and deemed suitable for release from detention pending trial. 
 
Pre-trial functions are critical to the effective operation of local criminal justice systems by assisting the Court in making prompt, fair and effective release/detention decisions, and by monitoring and supervising released defendants to minimize risk of non-appearance at Court proceedings and risk to public safety.  The Pre-Trial Unit is charged with compiling reliable and objective information relevant to the Court’s determination concerning pre-trial release.  If a defendant is not qualified for release on their own recognizance, imposition of conditions of release are considered.  The Pre-Trial Services Unit also provides supervised release services that are the least restrictive conditions necessary to assure the defendant’s appearance in Court, to protect the safety of the community and to safeguard the integrity of the judicial process.
 
Bail Policy in Yolo County
In July of 2021, Yolo County Superior Court modified its bail schedule with amounts now tied to the highest maximum state prison term applicable to the charged offense. Overall, this has reduced bail in most cases. Judges have discretion in setting bail and must consider the Humphrey ruling. This may result in "no bail" under certain circumstances. 

Pre-Trial Assessment Tool
Since 2010, the Probation Department has utilized a scholarly-based Pre-Trial Risk Assessment Instrument from the University of Cincinnati called the Ohio Risk Assessment System.  In October 2019, Senate Bill 36 was signed into law requiring each pre-trial agency that uses a Pre-trial Risk Assessment Instrument to validate that tool by January 1, 2021.  In March 2020, the Probation Department initiated a Request for Proposals process for that purpose and a contract was awarded in May 2020 to the Bauman Consulting Group to validate Yolo County’s Pre-trial Risk Assessment Instrument.  As part of the effort, the Department provided four years of risk assessment data (over 1,200 assessments) for a local validation report.
 
In April 2021, the Probation Department received the final version of the local validation report (Attachment A) which concluded the following:

For more information on Pre-Trial Risk Assessment Instruments and the Yolo County’s Probation Department’s continued use of the Ohio Risk Assessment Tool, see the Department’s December 15, 2020 presentation to the Judicial Council (Attachment B).
 
Expansion of Pre-Trial Services
More recently, Senate Bill (SB) 129 California Senate Bill 129 amended the Budget Act of 2021 to allocate $140,000,000 “to the Judicial Council to fund the implementation and operation of ongoing court programs and practices that promote the safe, efficient, fair and timely pretrial release of individuals booked into jail.  The purpose of this funding is to provide courts with information and resources to support: (a) judicial officers in making pretrial release decisions that impose the least restrictive conditions to address public safety and return to court; and (b) implementation of appropriate monitoring practices and provision of services for released individuals.” 
 
SB 129 requires the Judicial Council of California to distribute this funding to 58 California courts and county supervision agencies, providing them with the resources necessary to assist judicial officers in making pre-trial release decisions based on the least restrictive conditions, while ensuring public safety.  For some counties, SB 129 funding will be utilized to establish a pre-trial program.  For other counties, which includes Yolo County, this funding will be utilized to expand existing pre-trial services.  Yolo County’s allocation is one-time funding of $969, 555 to be expended by June 30, 2024 and on-going annual funding of $539,920.  
 
Courts and agencies are also required to contract with their county’s probation department to implement appropriate monitoring practices and pre-trial services programs for released individuals.  In December 2021, Yolo County and the Superior court of California, County of Yolo signed a Memorandum of Understanding (MOU) to outline the agreement between the Probation Department and the Court for the expansion of Yolo County’s Pre-Trial Release Program.  This expansion includes the addition of 3-4 Deputy Probation Officers to facilitate a 365-day operation to achieve the following objectives: