Mayor Landrieu, Supreme
Court of Louisiana, Criminal District Court, Stakeholders Announce New Public
Safety Assessment Tool
NEW
ORLEANS—Today,
Mayor Mitch Landrieu, in partnership with the Supreme Court of Louisiana,
Criminal District Court, and other criminal justice and community stakeholders,
announced a new risk assessment tool and decision-making matrix, the Public
Safety Assessment (PSA) Model, aimed at continuing to reduce the jail
population in New Orleans. Set to begin in summer 2018, the tool was created
using a database of over 1.5 million cases drawn from more than 300 U.S.
jurisdictions and has been adopted by over 38 jurisdictions.
“Prior
to Hurricane Katrina, New Orleans’ jail population exceeded 6,500 inmates. When
we came into office in 2010, we made a commitment to reform our criminal
justice system and reduce our jail population. While we have made changes and
reduced that number, the fact still remains that New Orleans is one of the most
incarcerated cities in the most incarcerated state in the most incarcerated
country; and there is still work to do,” said Mayor Mitch Landrieu. “On behalf of the people of New Orleans, I am
excited to partner with the Criminal District Court, Louisiana Supreme Court
and many other stakeholders to announce our new risk assessment model, the Public
Safety Assessment. This tool will help judges make an informed decision for
felony defendants and ensure all New Orleanians have a fair experience in the
City’s criminal justice system.”
Developed
by the Laura and John Arnold Foundation, the PSA Model was created to help
judges assess the risk a felony defendant poses for failing to appear for court
or getting rearrested while released pretrial. The tool provides information
that is race- and gender-neutral. It helps guide pretrial decision-making in an
effort to increase safety, reduce taxpayer costs, and enhance fairness and
efficiency in the system.
As
part of the City’s criminal justice reform efforts, this tool doesn’t rely on
any factors such as race, gender, income, education, address, drug use history,
family status, marital status, national origin, employment, or religion. PSA
relies solely on nine risk factors found to be the most predictive of rearrest
or failing to appear for court, including:
1.
Age at current arrest;
2.
Current violent offense;
3.
Pending charge at the time of the offense;
4.
Prior misdemeanor conviction;
5.
Prior felony conviction;
6. Prior
violent conviction;
7.
Prior failure to appear in the past two years;
8.
Prior failure to appear older than two years; and
9.
Prior sentence to incarceration.
While
the PSA score and risk level will be used as a decision-making tool for a judge,
the final decision will always be made by the judge or commissioner.
The PSA Model is part of the City’s plan to reduce jail population. In May 2015, the City of New Orleans was selected as one of 20 jurisdictions to receive a $150,000 planning grant as part of the MacArthur Foundation’s Safety and Justice Challenge, a national initiative to reduce local incarceration. In April 2016, the City received an additional $1.5 million to implement its plan, which includes initiatives like the PSA Model aimed at increasing pretrial release among low-risk defendants. The Challenge supports jurisdictions across the country seeking to create more just and effective local justice systems that improve public safety, save taxpayer money, and yield better outcomes.
“Following
the Rule of Law and applying fairness at all times is the right thing to do,”
said Chief Justice Bernette Joshua
Johnson. “The implementation of the PSA tool will offer evidence-based data
to assist judges and commissioners in determining whether release or detention
is appropriate considering the charges faced by a defendant.”
Since 2012, New Orleans has operated a Pretrial
Services program that provides risk assessment scores to judges and
commissioners, and supervises defendants to increase their likelihood of
returning to court and decrease their likelihood of rearrest. When the program
was developed, a team of local stakeholders adapted a risk assessment tool used
by Kentucky courts and made some adjustments to fit the New Orleans context. In
March 2017, the Criminal District Court formally instituted Pretrial Services
as part of its Court Intervention Services. The program staff is now being
trained to use the new PSA assessment tool.
Pretrial Services consists of a two-part process. First, Intake Specialists apply the nine risk factors to those arrested on felony offenses to provide the Court with objective information regarding risk to assist the Court with setting bonds. When certain defendants are referred to Pretrial Services, Case Managers utilize the Ohio Risk Assessment System (ORAS) to determine whether the defendant is in need of any services, including substance abuse treatment, mental health treatment, housing or some other type of service.
“We
want a tool that is a workable model that provides more insight so judges can
adequately assess the risk level of a defendant,” Orleans Criminal Court Chief Judge Keva Landrum-Johnson said. “Research indicates that pretrial detention
of low risk defendants increases the likelihood of future crime. We believe the
collaboration will better assist us in our criminal reform efforts.”
Criminal Court Judge Tracey Flemmings-Davillier said, "The Criminal Court Judges are excited to be the first
jurisdiction in Louisiana to implement a nationally-recognized risk assessment
tool and look forward to sharing information with the rest of the state.
Criminal Court thanks Chief Justice Johnson for her support in making this a
reality."
New
Orleans’ implementation team includes representatives from the Mayor’s Office,
Criminal District Court, Supreme Court of Louisiana, District Attorney’s
Office, Public Defender’s Office, Councilmember Susan Guidry, Baptist Community
Ministries, Foundation for Louisiana and the Vera Institute of Justice. This
team has been meeting since December 2017 to prepare for local implementation.
Councilmember Susan
Guidry
said, “Pretrial Services are a vital component of the criminal justice system.
The Public Safety Assessment provides judges with an evidence-based tool that
can be used to identify pretrial defendants who are not a risk to public safety
or a flight risk and, therefore, under the U.S. Constitution should not be
detained. This helps eliminate racial disparity in bail-setting, as well as
reduce the daily jail population without compromising public safety.”
Criminal
Justice Coordination Commissioner Calvin Johnson said, “With the support and expertise of the Arnold Foundation and the
PSA Model, New Orleans will take pretrial reform to the next level by
implementing the best practices in risk assessment and pretrial release. We are
grateful for their support as we work toward creating a fairer experience in the
criminal justice system.”
In
2010, Orleans Parish had the largest jail population per capita in the U.S.
according to the Bureau of Justice Statistics. This figure was more than four
times the national average. Since then, there have been significant reductions:
the local jail population is 3.7 per 1,000 and average daily population is
consistently under 1,500 as of 2018, more than 50% lower than eight years ago. The
reduction has been achieved, in part due to NOPD’s use of summons in lieu of
arrest and the launch of a Pretrial Services program and risk assessment. However,
the Orleans Justice Center is still among the largest jails in the country per
capita. The support of the MacArthur Foundation allows the City to continue to implement
a comprehensive jail population management strategic plan— making fewer
unnecessary arrests, strengthening a pretrial services program, working with
our criminal justice partners to reduce the time people are in jail awaiting
trial and implementing evidence-based practices that facilitate the transition
from jail to the community.
For
more information about the PSA, please visit www.arnoldfoundation.org.
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