From APPR​​. By Zerline Hughes Spruill.

Partnering with rideshare companies and transportation departments, offering virtual counseling, and unveiling an office on wheels are a few creative services offered by pretrial programs in California. Since the state piloted the creation and expansion of pretrial programs, staff are thinking outside the box to focus on helping people succeed before trial. 

“We have come to a place where the criminal legal system is finding its new normal in regard to pretrial services,” said Deirdre Benedict, a supervising analyst with the Judicial Council of California. “Courts and their pretrial service providers and jails are figuring out ways to work together and get people through the pretrial process by finding ways to support their needs. Among 58 counties, there are 58 different stories. Many things are coming to life which is exciting.”

Solano County: Putting the Shoe on the Other Foot

When Solano County Superior Court Judge Wendy Getty learned that transportation was a barrier to showing up for jury duty, she realized it was likely a challenge for people attending required court hearings, too. Following a meeting that included a Solano County Transportation Authority executive, Judge Getty garnered support that led to the Equitable Access to Justice Pilot Program, an initiative that provides rideshare options to those needing to get to court. 

The program works in two ways. First, it uses an online system that limits users’ travel via Lyft rideshare to a specific destination, like the Solano County courthouse, a clinic, or a pretrial program office. Second, it allows users up to 10 Uber rideshare vouchers. Since smartphone access can pose a challenge for some residents, the car service is arranged by a probation officer or case manager. 

“Sometimes what we ask clients to do is not that easily done,” said Cynthia K. Garcia, specialty courts manager, Superior Court of California, County of Solano. “Our director encouraged the team to take public transportation. They all decided to give it a try, and it changed their perspective on what we were ordering them to do. They learned it’s not easy. You can leave on time, but if a bus is late, you can miss your intake appointment.” 

“We see that in the counties where the bench and court leadership convene a multidisciplinary group of local stakeholders and justice partners in the development of pretrial release programs, they have been very successful,” said Benedict. “Having the Court involved and engaged is so important as the whole purpose of the funding is to provide the bench with information they need to make their independent decisions, and to be aware of the monitoring resources they have access to through their pretrial service providers.”  

Collaboration is key to making innovative ideas a reality. “Three partners [the Superior Court of California, the County of Solano, and the Solano Transportation Authority] have come together to make sure people are able to get where they need to be in order to successfully complete court programs,” Benedict said. 

Mono County: Staffing Up, Thinking Differently

“Things are really different for a lot of people,” said Leianna Eissinger, deputy probation officer with the Mono County Probation Department, which manages the county’s pretrial program. “We decided to figure out who each person is and figure out why they are in the system. We asked ourselves, is it because their income is low? Is it due to no transportation that they are not showing up for court? Quickly, you can realize the needs of these individuals. I don’t know if there was a lightbulb that went on, but it evolved. Us being more active with the courts because of pretrial legislation really opened up people’s eyes to what needed to be done.”

Once Mono County’s pretrial program was operational, a behavioral coordinator was hired to help integrate a wide range of voluntary resources within agencies, from coordinating driver’s license appointments to drug and alcohol treatment referrals. 

“People were interested in virtual counseling, and I wasn’t too big on that; I’m more of an in-person person,” said Dylan Whitmore, deputy probation officer responsible for overseeing Mono County’s pretrial program. “Now, however, in witnessing it, people are taking to virtual counseling. I didn’t think it was going to work, but it has. We have to be progressive in our thinking.”

Funding from the legislation also allowed coordinators to set up weekly (or more frequent) multidisciplinary meetings between pretrial services, social services, behavioral health, jail staff, adult education, and community service agencies.

Mono County is one of the least populous counties in the state. To better serve its small population following the new legislation, the probation department began focusing on the lived experience of their clients; listening to their challenges and needs. This change produced an increase in client traffic.

“I see more people coming into the office when they don’t even have an appointment with the behavioral coordinator,” said Whitmore. “It’s more like a community service for them. For example, if the calendar we provided to them gets wet, they’ll return and ask for another.” 

Contra Costa County: Breaking Barriers

During the COVID-19 pandemic, Contra Costa County’s Pretrial Services Unit experienced significant challenges with clients reporting to the court and pretrial services program. The legislation allowed the agency to bring an idea to fruition, but the impact of the pandemic nearly halted their efforts.

“Our in-person reporting mechanism almost ceased to exist. We were trying to explore ideas in terms of how we could innovate reporting when the idea of mobile-service vans came into play,” said Yuri Secoquian, probation director, Specialty Field Services, Contra Costa County.

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The vans park in front of the courthouse, giving people an opportunity to check in before or after a court hearing and access resources like free “sustainability bags”–backpacks with essentials like t-shirts, underwear, and deodorant.

The vans also allow staff to travel throughout the county to locations further away from the court, making it more convenient for people to ask questions and for staff to assess needs and make referrals.

…

“The feedback I’ve been getting from staff is that once people know that that service is there, they appreciate the fact they can come right out of court and report directly to pretrial, get instructions, and learn about their attorney,” said Bart B. Sloan, who supervises the Contra Costa County Military Veteran Pretrial Services Unit. 

The county also operates a pretrial court date reminder system, an effective approach to increasing court appearance and warrant clearance rates. According to Benedict, 46 of California’s 58 counties currently have reminder systems. The 12 jurisdictions that have not implemented court date reminder systems report that they are planning to do so. 

The Future of Funding

“It’s about thinking outside of the box,” said Mono County’s Eissinger. “Things we wouldn’t have even thought of 10 years ago in this profession are at the forefront now. Accepting those simple things, like challenges around immigration status or helping schedule DMV appointments, makes a difference. For example, our behavioral coordinator lets us know when the [citizenship] consulate will be in the area.”

Benedict said emphatically that these innovations could not have happened without state funding to pilot and expand pretrial programs in the state.  

“The funding provided for pretrial projects has been instrumental in giving courts and their pretrial service partners the ability to shore up their technical infrastructure, staffing, and support services that enable them to monitor individuals released prior to trial while preserving public safety,” she said. 

Benedict said they continue to work with the legislature because funding for all 58 counties remains the same three years later—$68.95 million. 

“The Court and their pretrial service justice partners are concerned about the stagnant level of funding, ” said Benedict. “This impacts the ability to adequately staff and plan long-term for the vital support and monitoring  services necessary for a fully functioning pretrial program.”

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