►
Description
This NCSL virtual meeting covers:
Citation in lieu of arrest
Release eligibility
Presumptions of release on recognizance and least restrictive conditions
Limiting financial conditions of release
Victim safety and participation
A
A
A
You
know
good
afternoon
good
morning
welcome
from
all
the
time
zones
across
the
country
and
thank
you
for
joining
us
for
today's
virtual
meeting
on
pretrial
release
in
jail
policy
during
co.
Big
19,
my
name
is
Allison
Lawrence
I
will
be
your
host
today
for
NCSL
I
manage
the
criminal
justice
program,
portfolio
and
I
also
staff,
the
law,
criminal
justice
and
Public
Safety
Committee.
A
There
are
a
number
of
NCSL
staff
that
specialize
on
state
and
federal
criminal
justice
policy
with
us
today:
I'm
not
going
to
juice
them
all,
but
I
want
you
to
know
that
we're
here
to
provide
you
with
assistance
to
be
effective
leaders
in
your
states.
Please
know
that
you
can
call
on
us
at
any
time
twist
this
with
your
needs.
A
I'd
also
like
to
recognize
the
Pew
Charitable
Trusts
Public
Safety
for
performance
project.
Their
generous
support
has
made
this
medium
possible,
but
more
than
that,
their
support
and
partnership
with
us
on
criminal
and
juvenile
justice,
since
2007
is
really
what
has
given
us
the
knowledge,
research
and
tools
to
jump
into
action
before
we
get
started.
I'm
going
to
cover
just
a
couple:
logistics,
Karen
McGinnis,
is
managing
our
controls.
We
have
ever
run
on
mute
to
ensure
audio
quality
of
the
presenters,
but
I
do
encourage
you
to
take
advantage
of
the
chat
box
function.
A
Whoa
we
got
the
home
screen
I'm
the
word
bubble
in
the
navigation
pane.
Please
use
it
to
submit
questions
for
the
faculty
throughout
the
meeting.
I'll
be
managing
the
chat
box
and
I
will
be
monitoring
for
your
questions.
I'll
also
drop
in
a
couple
links
to
relevant
resources
that
our
speakers
are
discussing.
If
you'd
like
to
learn
more
and
dropping
a
couple
in
right
now,.
A
These
are
links
to
our
meeting
resources
page.
The
BIOS
for
speakers
today
are
on
that
page
after
the
meeting,
we'll
also
be
adding
resources
powerpoints
and
a
recording
of
the
meeting
we've
reserved
time
at
the
end
for
questions
that
you
submitting
throughout
the
meeting.
If
we
don't
get
time
to
address
all
those,
we
are
saving
the
chat,
conversation
and
we'll
respond
afterwards.
Today's
meeting
is
the
first
in
a
series
that
will
be
hosting
every
Wednesday
for
the
next
five
weeks.
A
It's
focused
on
the
front
end
of
the
criminal
justice
system
today
and
specifically
you'll
be
learning
about
current
statutory
framework
for
pretrial
release
and
jails.
That
has
enabled
the
rapid
response
to
coab
in
nineteen
and
we'll
also
the
opportunity
to
hear
how
it's
playing
out
in
Michigan
and
Kentucky
starting
us
off
today
is
Amber.
Widgery
and
CSL
is
expert
in
pretrial
release
policy
amber
the
stage
is
yours.
B
That
had
to
unmute
myself
and
thanks
for
that
Alison,
as
Alison
mentioned,
my
name
is
amber
witchery
and
I'm
a
program
principal
at
the
National
Conference
of
State
Legislators.
My
research
for
about
the
past
six
years
at
NCSL
has
largely
focused
on
pretrial
policy.
So
I
wanted
to
start
off
today
with
just
a
little
bit
of
background
information
for
everybody.
B
Pretrial
detainees
account
for
well
over
half
of
all
of
the
individuals
being
held
in
the
nation's
more
than
3,000
jails.
Jails
are
generally
designed
to
hole.
Those
who
are
awaiting
trial
or
those
who
are
serving
a
sentence
of
less
than
one
year
in
these
facilities.
Social
distancing
and
other
recommended
practices
in
response
to
cope
in
nineteen
can
be
difficult
to
implement,
if
not
impossible,
which
is
why
many
jurisdictions
are
looking
to
reduce
their
overall
jail
populations,
primarily
by
reducing
the
number
of
pretrial
detainees
in
their
facilities.
B
The
vast
majority
of
jails
in
the
states
are
operated
locally
by
sheriffs
or
jailers.
However,
it
is
state
law
that
creates
the
foundation
for
pretrial
release
policy
that
can
manage
how
these
individuals
are
released
into
the
community.
Local
pretrial
practices
vary
from
jurisdiction
to
jurisdiction,
but
all
practices
must
fall
within
the
legal
framework
and
is
created
by
constitutions,
state
statutes
and
court
rules.
The
law
serves
as
the
baseline
for
all
practices
and
local
jurisdictions,
but
also
has
been
shown
to
provide
some
amount
of
flexibility
enabling
jurisdictions
to
maximize
release
and
reduce
their
jail
populations.
B
This
has
been
the
case
both
prior
to
and
in
response
to
the
current
global
pandemic.
Prior
to
the
outbreak
of
copán
19.
Recent
state
legislative
trends
had
been
focused
on
modifying
pretrial
frameworks
to
individualize
the
pre-trial
process,
with
the
goal
of
reducing
unnecessary
detention
and
prioritizing
community
safety
states
were
previously
already
moving
away
from
charge
based
bail
schedules
and
focusing
instead
on
individual
defendants
and
setting
conditions
of
release.
That
would
ensure
their
appearance
in
court
and
public
safety.
B
Normally
changes
to
pretrial
practices
and
legislation
take
a
lot
of
time
to
implement,
but
in
light
of
kokand
19,
we've
seen
local
stakeholders
rapidly
embracing
new
pretrial
practices
that
were
already
authorized
by
existing
state
law.
Today,
I
just
want
to
touch
briefly
on
some
of
the
pieces
of
state
pretrial
frameworks
that
have
helped
or
authorized
local
jurisdictions
to
reduce
their
jail
populations
in
response
to
Kovach
19.
B
There
we
go
in
lieu
of
arrest,
citation
in
lieu
of
arrest,
is
permitted
in
every
state
and
enables
law
enforcement
to
release
an
individual
on
a
promise
to
appear
in
court
later
either.
At
the
point
of
arrest,
when
a
law
enforcement
officer
first
makes
contact
or
later
they
can
release
them
on
a
citation
in
lieu
of
booking
that
individual
into
a
jail
citation
in
lieu
of
arrest
is
authorized
in.
B
Every
state
and
state
laws
generally
provide
a
lot
of
discretion
for
local
law
enforcement
agencies
to
adopt
policies
regarding
citation
in
lieu
of
arrest
and
also
provide
a
lot
of
discretion
for
officers
who
elect
to
use
this
tool.
Recently
in
response
to
Coppa
19,
we've
seen
a
dramatic
shift
and
department
policies
greatly
expanding
the
number
of
individuals
who
have
received
a
citation
instead
of
being
arrested
and
booked
into
jail.
As
I
mentioned,
every
state
has
a
citation
in
lieu
of
arrest
law.
B
Most
states
authorize,
citation
and
move
arrests
for
misdemeanors,
but
at
least
eight
states
also
authorized
the
use
of
citations
for
at
least
some
nonviolent
felonies
in
seven
states.
The
law
is
a
little
bit
different
and
provides
general
authorization
for
the
use
of
citations
when
appropriate
and
leaves
the
discretion
to
the
law
enforcement
agencies
and
officers
to
make
the
determinations
as
when
they
are
appropriate.
B
This
has
been
a
pretty
dramatic
way
for
jurisdictions
to
affect
their
jail
populations
in
light
of
Kovach
19:1
county
in
florida
has
used,
cite
and
release
to
decrease
their
jail
bookings
from
about
140
people
a
day
down
to
a
recent
low
last
week
of
about
27
Los
Angeles
County
is
another
example.
They
have
used
cite
and
release
to
drop
their
average
daily
bookings
from
about
300
individuals
a
day
down
to
just
60
and
I.
Think
Allison
has
just
linked
to
our
citation
in
the
liver
arrest
web
page.
B
You
can
find
additional
information
about
your
state
law
on
that
web
page.
So
once
an
individual
has
been
arrested
and
booked
into
a
jail,
they
are
entitled
to
have
conditions
of
release
said,
with
only
a
few
exceptions
in
nineteen
states.
All
except
capital
defendants
have
the
right
to
be
released,
while
the
remaining
states
limit
release
only
for
certain
defendants
either
statutorily
or
constitutionally.
B
B
Public
safety,
a
handful
of
states
and
having
this
instead
of
having
a
presumption
of
release
on
least
restrictive
conditions
instead
require
courts
to
consider
first
release
on
recognizance
and
then
make
findings
to
add
additional
conditions
if
they
determine
that
recognizance
is
not
sufficient
to
ensure
appearance
or
public
safety.
These
statutory
frameworks
are
set
up
to
enable
the
release
of
most
pretrial
detainees,
something
that
jurisdictions
are
now
taking
fuller
advantage
of
in
light
of
kovat.
Nineteen.
B
Recent
legislation
has
also
been
focusing
on
reducing
our
reliance
on
financial
conditions
of
release.
This
has
been
especially
important
as
the
economic
toll
of
Kovach
19
has
further
limited:
the
ability
for
pretrial
detainees
to
access
funds
to
meet
financial
conditions
or
supervision
fees
associated
with
pretrial
supervision.
Recent
enactments
have
limited
when
financial
conditions
can
be
imposed.
For
example,
Colorado
law
now
prohibits
the
use
of
any
financial
conditions
of
release
for
most
traffic
and
petty
offenses.
B
Unless
a
financial
condition
of
result
in
a
quicker
release
for
that
to
fight,
then
Texas
law
has
a
presumption
of
an
inability
to
pay
that
goes
into
effect.
If
a
defendant
hasn't
been
able
to
meet
conditions
of
release
within
48
hours
and
another
example,
is
New
Hampshire
law
which
prohibits
courts
from
imposing
a
financial
condition
that
would
result
in
detention
solely
because
of
a
defendant's
inability
to
pay
a
financial
condition.
B
Another
recent
area
of
focus
has
been
ability
to
pay.
At
least
six
states
now
require
courts
to
perform
an
ability
to
pay
determination
before
setting
any
financial
condition
of
release,
to
ensure
that
any
fiscal
conditions
set
are
not
unconstitutionally
high
and,
finally,
legislation
has
also
provided
the
framework
for
courts
to
reevaluate
conditions
of
release
when
a
defendant
has
been
unable
to
meet
conditions
or
when
their
circumstances
have
changed,
making
them
unable
to
meet
any
sort
of
conditions
of
release.
B
B
The
right
to
participate
in
the
pre-trial
stage
of
proceedings
jurisdictions
have
adapted
to
ensure
that
these
rights
are
still
being
provided
for,
even
if
personal
court
appearances
have
drastically
changed,
I
think
you'll
hear
a
little
bit
more
in
a
moment
from
Laurie
and
Chief
Justice
McCormack
about
how
some
of
those
court
proceedings
have
changed.
But
this
is
certainly
something
that
jurisdictions
are
still
paying
attention
to
state
pretrial
release
frameworks
also
account
for
victims,
safety
prior
to
the
current
pandemic
and
those
provisions
authorizing
actions
such
as
temporary
detention
or
cooling-off
periods
for
domestic
violence
cases.
B
B
Did
the
expanded
pretrial
release
result
in
individuals
still
making
their
court
appearances?
Do
we
have
data
on
riah
rest
rates?
We
do
have
data
on
the
success
of
previous
pretrial
reforms,
but
I
think
that
the
scale
of
the
current
changes
is
going
to
be
significant
and
almost
definitely
impact
continued
pretrial
reforms
in
the
future,
and
with
that
I
would
say
that
NCSL
is
going
to
continue
tracking
some
of
those
outcomes
and
I.
B
Think
Allyson
has
sent
you
a
link
to
our
first
appearance
newsletter
and
that's
if
you
subscribe,
you
can
stay
up
to
date
on
some
of
these
developments
as
we
learn
more
going
forward
and
with
that
sort
of
foundation
and
overview
of
national
overview
of
state
frameworks
and
practices.
I'd
like
to
turn
it
over
to
chief
justice,
Brigid
McCormack
from
Michigan
to
tell
us
a
little
bit
more
about
what
has
been
taking
place
at
the
state
level
in
Michigan.
C
Tambor
and
thank
you
all
for
giving
me
the
honor
of
addressing
that
everybody
who's
here
about
this
important
topic.
It's
it's
been
something
we've
been
focused
on
in
Michigan
for
some
time
and
it
just
became
acutely
relevant
during
the
particular
public
health
crisis.
We're
facing
now
so
amber
gave
you
a
pretty
good
background,
but
I
want
to
emphasize
some
of
it
to
explain
why
we've
been
doing
the
work
we've
been
doing
in
Michigan
and
to
give
it
the
context
I
think
it
deserves
so
jail
is
different
from
prison.
It's
different
in
lots
of
ways.
C
The
most
important
is
perhaps
a
lot
of
the
people
in
jail
have
not
been
convicted
of
anything,
but
but
perhaps,
more
importantly,
at
least,
for
the
current
public
health
crisis.
Jail
is
a
place
where
a
lots
more
people
cycle
through
than
prison.
The
number
of
people
cycling
through
your
county
jails
is
a
very
high
number
a
lot
higher.
C
Now
that
was
30
years
ago
in
Michigan,
which
isn't
that
different
from
most
places
it's
tripled
over
the
last
three
decades,
even
though
crime
is
at
a
50-year
low,
so
the
number
of
people
cycling
through
it's
a
very
high
number
they're.
Mostly
there
like
I,
said
for
pretrial
purposes.
They
haven't
been
convicted
anything
yet
or
if
they're
serving
a
sentence.
That's
for
lower
level
crimes,
misdemeanors
or
low-level
felonies,
and
while
jails
are
run
by
counties
and
so
counties.
Therefore,
foot
the
bill
for
jails.
C
C
Girls
are
also
a
particular
hotspot
for
coronavirus,
because
physical
distancing
is
incredibly
difficult
to
achieve,
and,
of
course,
that
affects
not
just
the
inmates,
but
the
people
charged
with
keeping
them
safe.
This
the
sheriff's
and
the
deputy
sheriff's
to
staff
Michigan's
jails,
don't
have
the
option
of
zooming
in
to
work.
They
have
to
go
to
work
every
day
and
they
are
not
able
to
socially
distance
while
they're
there.
C
Why
should
state
lawmakers
care
about
jails?
I'll
tell
you
my
michigan
and
it's
in
michigan,
it's
a
very
there's,
very
bipartisan
interest
and
looking
at
what,
if
anything,
we
can
do
to
reduce
their
populations.
The
fact
that
they've
been
growing
so
fast
and
in
our
rural
communities,
which
are
places
where
we
have
limited
opportunities
for
treatment
for
some
of
the
underlying
conditions
that
trail
drive
jail
populations,
has
caused
a
bipartisan
interest
in
looking
at
our
jail
populations.
C
The
number
of
people
entering
jail
with
mental
illness
is
not
surprisingly,
extremely
high
and
the
number
of
people
in
jail
who
aren't
dangerous,
not
everybody.
There
are
some
people
who
are
dangerous
and
are
in
jail
and
need
to
be
in
jail,
always
feel
like.
I
should
say
that
the
top
of
my
my
talk
on
this
topic,
but
a
lot
of
people
we
learned
in
Michigan
from
our
recent
look
at
the
jail
populations
are
not
dangerous
and
jail
can
make
them
more
dangerous.
C
Most
importantly,
but
very
importantly,
especially
now,
they're
really
expensive
in
Michigan
it
a
half
a
billion
dollars
a
year
is
spent
on
county
jails
and
that's
just
the
the
most
direct
expense
you
see
on
the
book
books.
Of
course,
when
people
are
in
jail,
they're
not
paying
their
taxes,
because
they're
not
going
to
work
they're,
not
paying
their
child
support,
so
they're
also
not
contributing
to
the
economy.
So
while
we
are
paying
for
their
health
care
and
their
their
care
generally,
they
are
also
not
contributing
to
our
local
economies.
C
So,
for
all
those
reasons
there
they've
become
a
focus
for
state
and
county
leaders
in
my
state.
I
should
add
to
that
mix.
Courts
around
the
country
are
finding
pretrial
practices
unconstitutional
both
under
the
due
process,
clause
and
Equal
Protection
Clause,
and
that
can
be
expensive
waiting
to
reform
your
jail
populations,
for
when
a
judge
tells
you
they're
unconstitutional,
is
not
usually
the
most
cost-effective
way
to
do
it.
C
So
let
me
now
turn
specifically
to
what
we
have
done
in
Michigan
to
respond
to
code
19
with
respect
to
jail
populations,
and
then
I
want
to
talk
a
little
bit
about
the
jail
task
force
worst
work
in
Michigan,
which
actually
informed
what
we
did
in
response
to
code
19.
So
a
couple
of
things
happened
pretty
quickly.
C
C
I've
explained
the
I
also
issued
guidance
on
the
federal
funding
available
to
local
jurisdictions.
There's
bja
supplemental
funding
for
the
koba
19
response
and
I
advised
jurisdictions
to
make
sure
they
were
applying
for
their
share
of
that,
because
a
substantial
portion
can
be
used
to
support
jail,
diversion
and
releases,
and
at
a
time
when
our
local
and
state
governments
are
going
to
be
short
on
funding.
I
want
to
make
sure
that
all
of
the
communities
in
Michigan
that
have
an
opportunity
to
take
advantage
of
that
federal
funding.
C
C
They
were
I
in
many
cases,
informed
by
the
recent
findings
and
recommendations
of
Michigan's
jail
and
pre-trial
Task
Force,
which
I
co-chaired
with
our
lieutenant
governor,
and
we
had
just
in
January,
delivered
our
recommendations
from
that
process.
To
the
legislators.
Let
me
just
take
a
couple
more
minutes
and
describe
what
that
task
force
was
and
what
what
we
found.
C
C
In
coming
together
to
recommend
consensus
ideas
that
were
again
data-driven
and
values
based
to
our
to
our
legislative
partners,
the
proposals
that
we
ended
up
recommending
are
consistent
with
some
of
what
you
have
heard
from
Amber
along
that
you
know
reflect
I.
Think
what
national
trends
show.
We
recommended
decriminalizing
some
low-level
misdemeanors.
We
recommended
that
Michigan
stopped
suspending
driver's
licenses
for
things
that
have
that
that
that
don't
have
anything
to
do
with
dangerous
driving
in
Michigan.
C
Then,
when
someone's
driver's
license
is
suspended
and
they
get
arrested,
driving
to
work,
they
must
go
to
jail.
This
is
not
helping
solve
the
underlying
problem.
We
recommended
expanding
law,
enforcement's
discretion
to
issue
citations
in
lieu
of
arrests.
We
recommended
funding
and
training
for
mental
health
diversion
we
recommended
that
people
who
are
booked
in
jails
see
a
judge
or
a
magistrate
within
24
hours
of
arrest
and
that
there
be
a
higher
bar
for
setting
money,
bail
or
electronic
monitoring.
C
So
we
could
measure
whether
these
reforms
using
gel
populations
in
the
way
we
predict
they
should,
but
that
we
should
always
be
able
to
go
back
to
the
data
and
make
sure
they
are
going
forward.
I
should
say
that,
throughout
the
taskforce
process,
in
addition
to
collecting
the
data
and
studying
the
best
research
and
models
from
around
the
around
the
country,
we
also
took
testimony
from
the
public
around
the
state.
We
literally
let
people
just
come
to
the
microphone
and
tell
us
what
they
wanted
to
tell
us
and
the
public
interest
in
this
topic
surprised.
C
C
There
are
many
of
the
reforms
were
recommending
cost
nothing,
not
all
of
them.
Some
of
them
cost
something,
and
so
that's,
obviously
you
have
to
measure
that
against
what
it
costs
not
to
change,
but
for
the
cost-free
recommendations,
those
those
are
those
are
ones,
I,
think
state
and
local
governments
are
going
to
need
to
take
a
hard
look
at
more
quickly.
C
Lots
of
your
constituents
lose
their
jobs
from
short
jail
stays
three
to
five
days
of
days
in
jail
is,
is,
is
enough
for
a
lot
of
people
to
lose
their
job
and
that's
incredibly
costly
to
local
communities.
The
fact
that
jails
make
people
worse
make
people
more
likely
to
recidivate,
especially
if
they
got
mental
illness
illness
is,
is
deserves
a
lot
of
our
focus
right
now,
because,
obviously,
that's
not
great
policy
and
large.
We
used
to
have
far
fewer
people
detained,
and
the
data
does
not
show
that
we
are
safer
because
we
are
cycling.
C
So
many
more
people
through
our
jails.
It
shows
the
opposite.
The
the
the
opportunity
that
the
pandemic
has
given
us
to
put
in
place.
Some
of
what
recommendations
called
for
on
a
very
quick
timeline,
I
think,
is
a
little
bit
of
because
we're
going
to
have
some
data
to
look
at
to
to
determine
what
we've
recommended
in
Michigan.
We
have
already
looked
and
taken
a
preliminary
look
at
the
week
there
we
at
the
reductions
in
our
jail
populations
in
terms
of
bond
and
misdemeanor
sentencing
and
as
a
whole.
C
The
courts
have
been
setting
far
more
personal
recognizance
bonds
and
fewer
cash
bonds
post
COBIT
19.
The
difference
is
less
significant.
The
felonies,
but
extremely
significant
in
our
misdemeanor
bond
decision-making
and
in
the
misdemeanor
sentencing
data.
We're
seeing
an
enormous
difference
in
in
how
people
are
being
sentenced
and
we'll
be
able
to
measure
that
against
how
those
folks
do
so.
We
actually
have
an
opportunity
right
now
to
get
an
awful
lot
of
data
here
in
Michigan
about
whether
what
we
predicted
after
this
deep
dive
into
our
data
and
policy
choices
make
sense.
C
B
Thank
you
so
much
chief
justice
McCormick
for
those
remarks.
I
would
remind
everyone
to
use
the
chat
box
to
submit
your
questions,
we'll
be
asking
those
questions
of
chief
justice
and
director
dungeon
at
the
end
of
their
presentations
over
chief
justice.
I
would
put
one
tomb
now:
does
the
guidance
issued
reside
within
a
written
policy
or
a
statement,
and
if
so,
could
you
please
share
that
in
the
chat
box
as
well,
and
with
that
I
will
remind
everyone
share
your
questions
in
the
chat
box.
B
D
D
D
But
let's
talk
just
a
little,
because
the
chief
really
emphasized
the
importance
of
data
collection
and
I
couldn't
agree
more
and
I
think
that's
something
that
should
form
the
policy
for
each
of
you
in
each
of
your
States
and
sometimes
it's
a
little
harder
to
get
it.
You
may
have
to
go
to
multiple
different
agencies
in
the
state
government
to
get
it
we're
fortunate
in
Kentucky
that
we
have
a
unified
one
trial
court
case
management
system,
and
then
we've
had
a
pre-trial
program
statewide.
Fortunately,
since
1976,
and
we
sort
of
fell
backwards
into
that.
D
Actually,
it's
a
statewide
system,
our
pretrial
officers,
are
all
under
the
umbrella
of
our
court
system.
We
use
one
case
management
system
in
pretrial
and
it's
we
refer
to
that
as
prim
and
I.
Think
Amber's
got
some
resources,
she's
going
to
show
you
later
that
that
I
had
sent
her
just
to
show
kind
of
how
we
collect
and
watch
our
data
every
day
on
this,
but
our
court
has
pretty
broad
constitutional
authority
and
broad
rulemaking
Authority
I'd
also
sent
amber
a
copy
of
our
emergency
pretrial
release
order.
D
Frankly,
in
the
pre-trial
field,
it
has
ever
heard
any
of
our
legislators.
Feelings
to
see
us
step
in
to
the
pre-trial
space
by
rule
I
want
to
so
it's
a
balance
and
I
want
to
recognize
that
one,
especially
for
this
audience.
A
couple
of
things
wanted
to
talk
about
kentucky
on
march
12
entered
our
court
entered
a
very,
very
broad
order
restricting
in
court
proceedings,
so
we
almost
immediately
switched
over
and
I
to
holding
all
remote
proceedings
and
all
emergency
matters.
D
We
have
a
close
working
relationship
with
our
jailers
association
statewide
and
that
executive
director
and
I
really
kind
of
want
to
give
a
shout
out
early
to
our
judges,
our
clerk's,
our
prosecutors,
our
public
defenders,
our
sheriffs
and
our
jailers,
because
without
all
of
us
coordinating
and
stepping
together
through
this
I'm,
not
sure
that
we
probably
would
have
been
as
successful
as
we've
been
in
Kentucky
to
reduce
our
pretrial
jail
population
and
but
just
to
give
you
some
examples
of
some
things.
We've
done.
D
You
know
we
have
to
hear
all
of
our
domestic
violence
cases
our
emergency
custody
order
cases,
temporary
child
support,
we're
hearing
remotely
are
in
custody
arraignments.
All
of
our
Jail
arraignments
are
occurring
remotely
through
a
video
arraignment
technology,
we're
doing
all
of
our
juvenile
matters
or
in
custody
matters
remotely
and
our
child
judges
have
broad
discretion
to
hear
anything
else
remotely
that
they
can.
We've
suspended
all
funds
and
fees
payments
and
basically
suspended
all
warrants
issued
for
non-payment,
sometimes
and
fees.
D
We
recognized
pretty
early
I
think
in
this
in
this
crisis,
who
we
can
release
and
who
needs
to
be
released,
and
our
chief
chief
justice
Minton
did
much
of
what
chief
justice
McCormack
talked
about
doing
in
terms
of
encouraging
our
judges
and
prosecutors
and
defenders
to
begin
releasing
the
people
really.
That
could
be
safely
released
without
risking
any
public
safety
measures.
One
of
the
things
that
immediately
started
happening
that
we
saw
is
that
our
arrest,
numbers,
statewide
went
down
dramatically
and
I
think
that's
consistent
across
the
country
right
now,
Kentucky.
D
On
average,
we
have
a
population
of
about
4.4
million
people
a
pre
pandemic.
We
were
averaging
about
anywhere
between
600
to
700
arrests
a
day
our
pre-trial
officers
were
interviewing
every
arrested
the
defendant
in
the
state.
All
of
that
data
would
go
in
on
free,
Charlie,
Lee's
system,
since
the
pandemic
began
we're
arresting
on
average,
between
175
and
200
people
a
day
across
the
state.
D
That's
obviously
been
one
of
the
main
drivers
and
what
we've
seen
in
a
reduction
in
our
pretrial
population,
but
as
of
last
week,
the
last
time
we
checked
our
pre-trial
population-
and
this
is
just
it's-
the
chief
explained-
these
are
our
County
inmates,
but
these
are
right
now,
all
of
our
folks
being
held
pretrial,
who
have
not
been
convicted.
We've
seen
a
reduction
in
that
population
about
over
42
percent,
we're
at
a
four
decade
low
in
Kentucky
and
our
County
Jail
population,
which
is
it's
really
pretty
amazing.
D
We
were
starting
to
see
some
things,
I.
Think
that
worried
us
a
little
bit.
We
were
seeing
some
inconsistencies
in
some
counties
in
terms
of
how
you
know
so
whether
you're
arrested
or
whether
you're
released
we
kind
of
hate
to
see
that
depend
on
the
county
in
which
you
live
so
on
April
14th,
our
court
took
an
additional
step
and
we
expanded
an
administrative
release,
order
that
we've
had
in
place
for
some
time.
D
The
court
took
a
bolder
step
on
April
14th
and
expanded
that
administrative
release
order
and
amber
I
know
that
I
believe
you
have
a
copy
of
that
if
anybody's
interested
in
it.
In
addition
to
the
order,
it
has
a
very
specific
list
of
offenses
that
it
doesn't
apply
to
so
I
want
everybody
to
understand
that
we
are
we.
We
have
gone
through
this
list.
We've
worked
on
this
for
several
years,
just
like
the
chief
in
Michigan
had
a
task
force.
D
You've
done
all
the
work,
pretty
ready
to
implement
pretty
ready
to
implement
the
recommendations
from
the
task
force
because
of
all
the
work
we
had
done
on
this.
We
hadn't
tried
to
build
a
consensus
statewide
among
our
judges
and
our
prosecutors
on
where
we
were
I.
Think
everybody
was
pretty
universally
ready
to
see
us
expand
this
and
appreciate
it.
D
I
think
the
guidance
that
our
court
had
offered
but
I
mean
some
of
the
language,
specifically
that
we've
expanded
it
to
we've
expanded
it
now
to
all
non
violent
non
sexual
felony,
offenses
we've
expanded
also
to
a
number
of
violations.
You
have
to
score
high
on
our
risk
assessment
tools
for
new
criminal
activity
to
be
held
honestly
for
most
of
these
offenses.
D
We
recognize
this
as
a
population
that
frequently-
and
in
the
chief
mentioned
as
they
may,
FTA
and
FTA
is
a
failure
to
appear
so
we
usually
inch
issue
a
bench
warrant
when
a
defendant
fails
to
make
a
court
appearance
right
now,
all
non-essential
court
appearances
are
continued
indefinitely,
so
we
are
not
issuing
FTAs
or
warrants
for
failures
to
appear
any
defendants.
Who's
been
served,
a
warrant
from
non-payment
of
court
fines
and
fees
they're
being
released
immediately.
D
The
key
we
felt
is
that
these
folks
don't
go
to
general
population
they're,
not
even
held
there
for
a
day
or
two
that
they're
administratively
released
without
possibly
coming
from
the
street,
possibly
having
the
IRS,
possibly
bringing
it
into
the
jail.
We've
been
fortunate.
So
far,
we
do
have
a
few
jail
cases,
but
I
think
those
numbers
a
lot
lower
than
what
any
of
us
were
afraid
that
we
were
going
to
see
at
this
time.
D
There's
there's
quite
a
bit
of
detail
in
the
order
and
I
don't
want
to
go
through
it
too
much
one
of
the
things
that
I
do
kind
of
want
to
touch
briefly.
One
of
the
things
that
we
had
to
address
in
our
order
was
pretrial
drug
testing
and
we
had
a
number
of
pretrial
drug.
Trusting
providers
statewide,
who
almost
a
blanket
conditions,
sometimes
of
pre-trial
releases
of
this
defendant,
be
tested.
D
So,
unfortunately,
a
large
population
of
our
pre-trial
defendants
suffer
from
as
the
chief
mentioned,
either
a
mental
health
concern
or
substance
use
disorder,
and
these
are
folks
who,
unfortunately,
just
because
you
tell
them
you're
going
to
drug
test
them
and
you're
going
to
Rio
and
if
they
test
positive
there
they're
not
gonna,
be
able
necessarily
to
to
get
a
negative
test.
So
we
arrest
a
lot
of
people
in
Kentucky
on
positive
drug
screens.
The
urine
drug
testing
was
a
problem
for
us
immediately.
D
We
were
trying
to
abide
by
social
distancing
guidelines,
everything
that
our
governor
was
recommending
through
emergency
orders.
So
we
limited
the
requirements
around
drug
testing
quite
a
bit
and
basically
have
advised
our
judges
that,
if
you
have
to
order
drug
testing,
we
need
to
be
doing
oral,
swab,
drug
testing
and
abiding
by
social
distancing
guidelines.
So
we're
seeing
a
lot
fewer
release,
violations
for
drug
testing
on
that
we
have
all
the
basic
conditions
in
the
order
that
we've
talked
about.
D
D
This
one
is
a
little
overwhelming
I'm,
not
sure
if
you're
seeing
it
on
a
full
screen,
but
it's
sort
of
and
hang
on
just
a
second,
because
of
course,
Microsoft
can
just
kicked
me
out
of
Sam
and
I
lost
the
screen
that
you
guys
are
all
saying,
but
it's
almost
I
call
it
our
tie-dyed
data
screen
and
I.
Think
it's
dramatic
because
you
can
see
how
high
the
numbers
were
post
pandemic
and
MI,
and
then
you
see
the
drastic
dramatic
drop
off
post
pandemic.
D
But
if
you
look
at
the
left
side
of
your
screen,
this
is
all
the
data
that
comes
out
of
our
pretrial
release
system
and
when
I
look
at
it.
It's
shocking
to
me
that
these
are
the
numbers
for
a
state
that
has
a
person
for
4.4
million
in
population,
we're
not
a
large
state
and
we're
primarily
a
rural
state.
But
Louisville
is
I
think
that
16th
or
17th
largest
urban
area
in
the
country,
but
we
had
a
grand
total.
D
This
was
from
April
27th,
a
grand
total
of
154
people
arrested
on
April
27th
and
a
hundred
and
one
of
those
folks
were
arrested
the
same
day,
half
of
those
through
the
expanded
administrative
release
program
that
we're
operating
under
right
now
and
then
the
other
half
were
released
with
non-financial
release
conditions
by
the
judge.
So
we're
we're
pleased
with
where
we
are
I.
Don't
want
to
anybody
to
think
that
I'm
saying
that
we're
concerned
that
crime
isn't
happening.
D
We're
fortunate,
because
when
you
look
at
this
data
screen
we're
washing
it,
you
know
we
were,
we
were
afraid
of
multiple
things.
We
were
really
afraid
that
we
would
see
our
domestic
violence
cases
increase,
so
the
numbers
haven't
represented
that
at
all.
In
fact,
we've
seen
a
dramatic
decline
and
domestic
violence
related
filings.
D
We
know
that
that
doesn't
mean
that
domestic
violence
isn't
happening
right
now,
we're
all
living
under
stay
at
home
borders
so
but
the
numbers
haven't
reflected
the
increase
in
filings
that
we
thought
we'd
see
another
thing
that
we
haven't
seen
an
increase
in
I've
seen
a
lot
of
reports
out
of
some
urban
jurisdictions
that
they're
saying
gun,
violence
increase
we're,
fortunately
not
seeing
that
happen
in
Kentucky
also
was
something
that
we're
concerned
about.
But
when
you
look
at
this
screen
that
Amber's
put
up
I
think
we
had
to
a
felonies
arrested
statewide
on
the
27th.
D
We
had
three
B
felonies
arrested,
statewide,
24,
D,
24,
C's
and
then
41
days
and
I
just
want
to
say
in
Kentucky.
Possession
of
any
substance
is
a
D
felony.
So,
that's
why
you
still
see
our
D
felonies
driving
our
pre-trial
jail
population.
By
the
way
it
is
substance,
use,
disorder,
driving
this
population
and
I
would
venture
to
say
that
is
true
in
most
of
our
states
and
remember,
I.
D
D
The
PSA
that
was
the
belt
here,
yes,
and
if
you
didn't
answer
any
questions
about
that,
if
you'd
like
to
answer-
but
yes
we're
still
very
much
relying
on
that
tool
and
believe
that
tool
is
better
than
no
tool
at
all,
which
is
what
we
would
otherwise
be
relying
on
it
measures
for
us.
We
measure
new
criminal
activity
likelihood
to
commit
new
criminal
activity,
and
then
we
also
measure
the
likelihood
that
they
may
fail
to
appear.
B
D
In
terms
of
so
we
don't
really
address
that
at
all.
We
have
a
number
of
things
that
law
enforcement
like
to
cite
to
court
on,
as
opposed
to
a
risk.
What
we've
seen
I
think
is
immediately
in
the
first
day
release
rates
increased
by
22%.
We
don't
really
give
any
direction
to
law
enforcement
here,
we're
kind
of
trying
to
stay
in
our
own
lane.
D
But
what
we're
aware
of
is
that
they're
also
beginning
to
site
to
release
more
of
the
offenses
that
we're
administrating
releasing
on
recognizing
that
these
people
aren't
going
to
be
detained
and,
frankly,
it's
in
the
officers
there's
a
safety
interest
for
them
if
they
aren't
I'm,
not
starting
answered
your
question.
I.
A
Thank
You
amber
thank
you
to
our
speakers.
Great
presentations
I've
got
one.
It
was
initially
directed
at
the
judge,
but
I
believe
both
of
you
can
take
turns
answering
it
judge.
Are
you
hopeful
that
the
level
of
release
that
you
are
seeing
now
will
sustain
pandemic,
and
is
it
mostly
dependent
on
what
the
data
tells
you,
or
are
you
seeing
it
as
an
opportunity
to
apply
the
law
correctly?
C
Yeah,
that's
a
great
question.
I
think
what
the
question
really
is
is
like
why?
Why
did
we
need
to
recommend
to
the
legislature
that
they
make?
You
know
all
these
changes?
If
judges,
judges
and
sheriffs
could
just
get
it
done
without
any
legislative
action,
and
the
answer
is
I
will
see.
I
actually
expect
that
a
lot
of
us
are
learning
new
things
quickly
that
we
didn't
have
to
learn.
Otherwise
we
might
have
learned
eventually,
but
that
will
mean
that
our
fee
gazers
will
change.
I've
said
already
that
there's
no
way
our
courts
will
do
business.
C
If
people
to
issue
citations
of
arrests,
that
those
changes
from
our
state
legislature
will
ensure
that
the
things
we're
seeing
now
continue
and
I
think
the
data
will
be
helpful
because,
like
we
heard
in
Kentucky,
which
has
been
leading
on
this
topic
for
a
long
time,
thanks
to
Laurie
and
a
great
court,
but
we
but
but
I,
think
that
the
data
is
going
to
support
the
recommendations.
Because
because
it
looks
like
we're,
gonna
see
that
that
that
it
works.
So
I
think
the
answer
is
yeah.
D
So
we
know
that
this
population
isn't
always
the
most
reliable
for
making
their
court
appearances,
so
we're
doing
a
number
of
other
things.
In
terms
of
you
know,
we
did
text
notification
from
our
pretrial
officers,
we're
getting
all
of
their
phone
numbers,
we're
contacting
them
we're
staying
in
touch
with
them
as
much
as
we
can
right
now
remotely
and
that's
something
that
I.
You
know
we
have
a
lot
of
hope
for
in
terms
of
hoping
it
will
positively
impact
our
data.
It's
it's
an
opportunity.
I
think
you
know
right
now.
D
This
order
is
effective
through
May
31st
I
expect
the
emergency
release.
Order
will
be
extended
for
a
while,
because
jails
will
continue
to
be
a
dangerous
place
and
in
a
place
where
it's
going
to
be
very
likely
for
the
virus
to
spread
and
spread
quickly.
Most
of
our
jails
in
Kentucky
were
severely
overcrowded,
so
we
were
stealing
sharing
sharing
sales.
A
lot
of
folks
are
holding
cells
and
keeping
the
population
down.
I
think
it's
gonna
be
important
for
a
long
time.
D
A
Thank
You
Lori
I
will
one
question
that
I
saw
pop
up
that
I
can
address.
Real
quickly
has
Q
documented
the
Michigan
justice
reforms
and
the
answer
is
they
are
they're
working
on
documenting
it
now
we'll
make
sure
that
those
resources
are
included
in
the
follow-up
and
another
question
that
you
guys
that
both
chief
and
lawyer,
you
have
touched
on
a
little
bit,
but
maybe
you
can
present
it.
If
you
know
these
answers
another
way
for
the
jail
population
reduction
measures
being
taken
in
response
to
covin
are
there
identified
risks.
D
In
terms
of
and
I
want
to
and
I
want
to
understand
that
when
the
question
says
you
know,
does
it
identify
risks,
does
it
mean
by
risk
levels?
So
what
we
do
is
the
way
our
to
our
tool
scores
it
numerically.
So
we
have
a
number
range
and
it's
going
to
all
be
based
on
criminal
history
and
it's
it.
The
tool
is,
is
blind
and
we,
it
is
scored
based
on
different
offenses,
are
weighted
differently.
We,
as
I
mentioned
earlier.
D
We
scored
new
criminal
activity
risk
to
commit
a
new
criminal
activity
and
we
score
likelihood
to
reappear
so
right
now,
under
the
emergency
release,
order
for
the
first
time,
we're
really
only
detaining
eligible
offenses
if
they
score
highly
likely
to
commit
a
new
offense
or
to
commit
new
criminal
activity.
If
that
makes
sense
and
I'm
not
sure
that
Allison
I
understood
exactly
the
question,
yeah
I.
A
D
Both
and
I
did
want
to
say
if
he
was
asking
that
you
know,
do
you
feel,
there's
a
risk
in
releasing
we're
only
releasing
the
low
level
offenders
who
have
committed
misdemeanors
or
did
the
low
level
class
tease?
Who
are
the
it's,
mostly
the
substance
use
disorders,
so
we've
got
our
DUIs
anybody
held
who
comes
in
under
the
influence.
They
are
held
a
minimum
of
eight
hours
or
they
have
to
be
released
or
responsible
adults.
So
we're
not
putting
anybody
impaired
right
back
on
the
street
just
in
case
he
was
maybe
asking
that
question
yeah.
C
Given
you
I
guess
you're,
not
in
Michigan,
we
actually
do.
There
are
five
jurisdictions
using
a
risk
assessment
tool.
It's
a
pilot
that
the
court
started
a
year
ago,
but
obviously
five
district
courts
across
the
state
wasn't
gonna,
be
nearly
enough
for
what
we
were
looking
for
for
this
pandemic,
and
so
the
guidance
that
the
sheriff's
and
the
Chiefs
were
using
is
the
guidance
that's
already
on
the
books,
the
Court
Rule,
which
references
exactly
the
same
factors
that
would
appear
in
an
interesting
tool
and
then,
with
the
governor's,
expanded
use
of
the
overcrowding
act.
C
They
had
that
extra
guidance.
The
task
force
recommendations
also
identified,
which
offenses
it
would
not
be
appropriate
to
cite
and
release
and
violent
offenses
with
an
expanded
understanding
of
domestic
violence.
Offenses
were
part
of
that.
Sometimes
someone
is
charged
with
the
malicious
destruction
of
property
for,
but
when
you
understand
what
actually
happens,
it
was
a
bang
name
on
or
breaking
of
a
window,
and
it
was
really
a
domestic
violence
offense.
So
one
of
the
sort
of
an
important
part
of
the
recommendations
we
made
is
annexed
understanding
of
domestic
violence
and
even
definition
of
domestic
violence.
A
Great
thank
you.
We've
got
just
about
five
minutes
left
and
I
know.
There's
a
number
of
questions
that
we
will
get
to
an
address
offline
I
do
want
to
leave
both
of
you
with
one
lightning-round
question.
You
are
speaking
to
a
virtually
full
room
of
legislatures
and
legislative
staff.
What's
one
piece
of
advice
that
you
can
offer
to
the
group
as
they
work
with
their
courts
to
address
Co
mid-nineteen
I.
C
Would
say
collaboration
is
your
key
here.
There
are
an
awful
lot
of
people
on
the
same
page
about
this
topic
right
now,
and
you
can
work
together
and
working
together.
I
think
you
can
actually
get
a
whole
lot
done.
I
see
this
as
one
of
them
one
of
the
unique
places
in
government
right
now
where
people
tend
to
come
to
the
tend
to
agree
and
so
I
think
it's
worth
everybody
focusing
on,
because
you
can.
You
can
really
do
a
lot
of
good
for
your
communities
as
well
as
your
budgets
and
collaboration.
D
You
agree,
I
agree,
hundred
percent
I
think
one
of
the
things
we
did
have
a
hard
time
on
trying
to
get
complete
agreement
on
any
of
these
issues.
These
are
tough
and
so
and
they're
all
so
ingrained
in
the
culture
of
each
of
those
communities
and
those
court
systems
and
the
practice
of
law
there
for
years.
I
think
it's
really
important
that
when
you
engage
the
stakeholders
engage
the
leadership
of
those
stakeholder
organizations.
They
need
to
be
the
bridge
and
the
liaison
between
all
the
members,
whether
it's
your
prosecutors
or
judges,
etc.
D
A
A
They
are
also
supporting
the
work
that
we're
doing
on
the
upcoming
meetings
on
juvenile
justice
and
community
supervision.
We
hope
to
see
you
next
week,
where
we'll
be
covering
congressional
appropriations
for
justice
and
homeland
security
programs.
Until
then
hope
you
stay
safe
and
navigate
through
these
unprecedented
times.
Thank
you
and
have
a
good
afternoon
or
late
morning.
Bye.