Indiana Office of Court Services Pretrial Pilot Study ‐ October 4, 2019Indiana Pretrial Pilot Project • In 2014, the Indiana Supreme Court authorized the development of a pretrial releas
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Indiana Office of Court Services
Pretrial Pilot Study
Brad Ray, Ph.D.
Director of the Center for Behavioral Health and Justice
Wayne State University
Spencer G. Lawson, M.S.
Michigan State University
Wayne State University Center for Behavioral Health and Justice
Eric Grommon, Ph.D.
Associate Professor O’Neill School of Public and Environmental Affairs Indian University – Purdue University Indianapolis
Indiana Pretrial Pilot Project
The Center for Behavioral Health and Justice is a community‐engaged research group who works directly with agencies to address social problems through data‐driven decision making in the development, implementation, and evaluation of policies and initiatives
Spencer G. Lawson, M.S.
School of Criminal Justice Michigan State University
Evan Lowder, Ph.D.
Assistant Professor Criminology, Law and Society George Mason University
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Indiana Pretrial Pilot Project
• In 2014, the Indiana Supreme Court authorized the development of a pretrial release pilot project in collaboration with the Evidence Based Decision Making Initiative
• Criminal Rule 26: “In determining whether an arrestee presents a substantial risk of flight or danger to self or other persons or to the public, the court should utilize the results of an evidence‐based risk assessment…”
• Indiana Criminal Rule 26 was the foundation for the 11 pretrial pilot project counties
• Evaluation efforts started in 2015 and was initially aimed at examining the barriers and facilitators towards implementation of the Indiana Risk Assessment System – Pretrial Assessment Tool (IRAS‐PAT) and has more recently focused on validation
Wayne State University Center for Behavioral Health and Justice
Indiana Pretrial Risk Assessment Tool
• Administered to determine
risk of pretrial failure
• Self‐report and verification
• Low, Moderate, or High
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EPIS Framework: IRAS‐PAT
A developmental evaluation, aimed at course corrections toward the utilization and validation of a structured risk assessment tool
Wayne State University Center for Behavioral Health and Justice
Exploration Phase
• Every state has enacted legal reforms governing pretrial release with the goal of exploring alternatives to money bail
• Unstructured professional judgments have repeatedly been shown to be less accurate than evidence‐based risk assessment approaches
• Structured risk assessment tools are informed by more than 65 years of rigorous research into factors associated with public safety risks
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Exploration Phase
Wayne State University Center for Behavioral Health and Justice
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Preparation Phase
Pretrial Pilot Counties
• Allen
• Bartholomew
• Grant
• Hamilton
• Hendricks
• Jefferson
• Monroe
• Porter
• St. Joseph
• Starke
• Tipton
Wayne State University Center for Behavioral Health and Justice
Preparation Phase
Facilitators
• Pretrial recommendations helpful at initial hearings
• Established local teams committed to the pretrial risk assessment process
Barriers
• Lack of integration across local data systems
• Concerns about the IRAS‐PAT instrument
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Preparation Phase
Preliminary integration and analysis of linked INCite and Odyssey data: 2014 ‐ 2016
Wayne State University Center for Behavioral Health and Justice
Preparation Phase
Preliminary integration and analysis of linked INCite and Odyssey data: 2014 ‐ 2016
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Preparation Phase
• The IRAS‐PAT was not being used in the decision‐making process
• Counties were using the IRAS‐PAT at varying points in the criminal justice system, with different populations, and different release schedules:
• Allen County had a target population of non‐violent F5/F6 arrestees and used an additional risk tool for pre‐screening
• Bartholomew County had a target population which largely consisted of those arrestees with warrants issues or charges filed
Evaluation plan shifted to validation of the IRAS‐PAT
Wayne State University Center for Behavioral Health and Justice
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Implementation Phase
Pretrial Pilot Counties
• Allen Mar. 2016
• Bartholomew Sept. 2016
• Grant Aug. 2017
• Hamilton June 2016
• Hendricks Jan. 2016
• Jefferson Oct. 2016
• Monroe Oct. 2016
• Porter Mar. 2017
• St. Joseph Oct. 2016
• Starke Jan. 2016
• Tipton Oct. 2016
Validation requires approximately one‐ year of IRAS‐PAT implementation and an additional year for follow‐up
IRAS‐PAT Validation
• Validation is the process of demonstrating the quality of a measure, the scores
obtained with the measure, or the interpretation of those scores
• Example: mental illness
• Kessler (6) screening
instrument
• Distress from serious mental
illness in past 30 days
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Kessler (6) Example
18%
27%
0%
10%
20%
30%
2017 2019
County
A
22%
25%
0%
10%
20%
30%
2017 2019
County
B
21% 22% 0%
10%
20%
30%
2017 2019
County
D
18%
16%
0%
10%
20%
30%
2017 2019
County
E
21% 22%
0%
10%
20%
30%
2017 2019
County
J
19%
32%
0%
10%
20%
30%
40%
2017 2019
County
I
22%
19%
0%
10%
20%
30%
2017 2019
County
H
16%
12%
0%
10%
20%
30%
2017 2019
County
G
Data Source: K6 Collection 2017 & 2019
IRAS‐PAT Validation
• The IRAS is a suite of assessments: Community Supervision and Screening Tool (CSST), Community and Screening Tool (CST), Prison Intake Tool (PIT), and Reentry Tool (RT)
The IRAS‐PAT measures the risk for failure‐to‐appear and reoffend while on pre‐trial supervision
Pretrial risk assessment tools are designed to inform not replace the exercise of judicial decision‐making and discretion
No matter how well validated in other jurisdictions, assessments should be subjected to local evaluation
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• Record linkage between three systems
• We cannot validate the IRAS‐PAT without local jail data
• We need to know when a person entered the jail, left the jail, and a broad understanding of the arrest charges
• From a research standpoint nothing has proven more challenging than the collection of local jail data
Unique Individual Event INCite
Jail Odyssey
IRAS‐PAT Validation: Monroe County
• Data Sources
• Pretrial records
• Jail bookings
• Odyssey court records
• Matching
• Offense date (O)
• Arrest date (J)
Sample Flow Chart
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IRAS‐PAT Validation: Monroe County
Distribution of Risk Classifications
IRAS‐PAT Validation: Monroe County
Predictive Validity: Any Failure‐to‐Appear
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Predictive Validity: Any Arrest
IRAS‐PAT Validation: Monroe County
Predictive Validity: Any Misconduct
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IRAS‐PAT Validation: Monroe County
Predictive Validity
IRAS‐PAT Validation: Monroe County
Predictive Validity
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• Preliminary results suggest moderate to strong predictive accuracy of IRAS‐PAT
assessment in Monroe County, Indiana
• IRAS‐PAT assessments predict arrest with more accuracy than FTA
• High proportions of defendants at moderate (33%) and high (52%) risk levels engage
in any pretrial misconduct; should be closer to 18% and 29% respectively based on instrument design
Wayne State University Center for Behavioral Health and Justice
Implementation Phase
Continue working with counties to obtain local booking data to
provide a local validation of the IRAS‐PAT Need to assure we have adequate sample size for validation Data needed to be cleaned and linked prior to validation
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Implementation Phase
Pretrial Pilot Counties
• Allen Mar. 2016
• Bartholomew Sept. 2016
• Grant Aug. 2017
• Hamilton June 2016
• Hendricks Jan. 2016
• Jefferson Oct. 2016
• Monroe Oct. 2016
• Porter Mar. 2017
• St. Joseph Oct. 2016
• Starke Jan. 2016
• Tipton Oct. 2016
Validation requires approximately one‐ year of IRAS‐PAT implementation and an additional year for follow‐up
Wayne State University Center for Behavioral Health and Justice
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Sustainment Phase
Quality Assurance and Future Research
• Determine validation within county specific practices
• Investigate pretrial supervision on court appearance and public safety outcomes
• Inform supervision practices for optimal outcomes by risk‐level
• Examine whether the implementation of pretrial risk assessments improves the fairness of pretrial release decisions for racial‐ethnic minorities (funded by the National Institute of Justice)
Wayne State University Center for Behavioral Health and Justice
Questions & Discussion
Michigan Mental Health Diversion Council