20170126-112531-88

On December 15, NLADA/NCJA held an initial TTA Provider call with the newest Smart Defense grantee, the Contra Costa County, California Office of the Public Defender (OPD), and its research partner, the Justice Management Institute.

The OPD will establish the West County Misdemeanor Early Release Project (MERP) to address multiple points of failure in the justice system relating to misdemeanor cases. In West Contra Costa County, the existing practice in most misdemeanor cases is for police to issue a citation and release the individual without arrest. The court date is often many months from the date of citation, and that original court date may be changed in the interim. Many county residents are monolingual Spanish speakers, and the citation forms are in English only. Studies by the Contra Costa Court show that as many as one third of the cited individuals fail to appear on the court date, which results in the issuance of an arrest warrant. Police officers or Sheriff’s deputies eventually execute those warrants and take the individuals into custody, generating all of the adverse impacts that follow from any period of incarceration. The costs of this cycle of collateral consequences can be devastating to family and thus community stability.

OPD is partnering with the City of Richmond Police Department, and collaborating with the county sheriff, courts and district attorney, as well as the West County Re-entry Resource Center at which MERP will be based. Police officers who issue citations will begin providing the cited person with information – English and Spanish – about how they can receive free legal representation before their court date. Attorneys will thus meet with clients sooner, and begin critical tasks like checking on charges filed and court dates; investigating and preserving evidence; and exploring opportunities for pre-charge or pre-trial diversion. Clients will also begin receiving automated reminders for appointments and court dates. MERP will provide a holistic approach to client representation. Being housed at the West County Re-entry Resource, MERP staff will work with Center staff to ensure that clients build comprehensive plans to address civil and criminal legal needs, housing, employment, behavioral health services, and family supports, as needed.

NLADA will advise OPD on best practices in pretrial representation, holistic defense, and criminal justice system collaboration, and will problem solve with OPD and its partners as they restructure their cite-and-release process. NLADA will also support the defender-practitioner relationship and provide a national perspective on how the research produced by this project can inform broader policy initiatives. During our initial conversation, NLADA explained its role as TTA provider and learned more about how OPD has progressed since it submitted its proposal in 2014. For example, there is a new police chief, who intends to go forward with the project as it was designed. Next steps will be to prepare for an initial site visit.

Claire Buetow, Marea Beeman, April Frazier Camara, and Jack Cutrone conducted a site visit to Contra Costa in May (2017). They met with Bianca Hernandez, Ellen McDonnell, and Robin Lipetzky from Contra Costa Office of the Public Defender; no one from research partner Justice Management Institute was able to attend. In addition to the TTA providers meeting with the site team, meetings with Captain Arnold Threets, an administrator at the Richmond Police Department; Assistant District Attorney Simon O’Connell, who works in the Community Prosecution Unit but is currently embedded in the Richmond Police Department; Hon. David E. Goldstein, former public defender and current judge for the arraignment docket; two clerks who work at the Richmond courthouse with Judge Goldstein; Nicholas Alexander, Director of the Reentry Success Center and Donte Blue, Deputy Director of the Contra Costa County Office of Reentry and Justice took place to discuss learning how Contra Costa’s citation and release system currently operates; what their respective roles are in the local criminal justice system and in the project; and how they perceive the cite and release process and the prospects of early representation (and building their buy-in to the project). These groups also discussed possible data sharing plans and next steps for implementation. This site visit also provided an opportunity for NLADA to address Contra Costs’s lack of a formalized data system (paper files for each case, and monthly case counts recorded on a notepad); and the challenge of achieving sufficient buy-in from police in the pilot project in the eastern part of the county. After consulting with the site team, NLADA helped to create a plan to address both issues.
For the data issue, NLADA worked with the defenders during the TA visit to comb through a long list of data points that their research partner has asked them to collect, but that they expect will be too burdensome. We agreed, based on our experience with other sites (e.g., at the Summit, the 5 original sites said their greatest lesson learned was to start out with a smaller list of data points to try to collect). We explained that the data they should collect should flow from their logic model and, especially, the story they want to tell when the project is complete (they found this to be helpful guidance). We suggested how to measure holistic defense practices in a manageable way, based on how other defender agencies have done it. And we recommended prioritizing measures that are salient to other stakeholders, especially reducing the rate of defendants’ failure to appear in court.
For the Police buy-in issue, an in-depth discussion was held during a meeting with the police captain where we as TTA providers filled a listening role after opening the dialogue and emphasizing the national importance of the project. The police captain is already bought into the project, and he said he would issue a training bulletin to patrol officers about distributing the defender information cards, as well as bring Bianca back for another training session, this time with him presenting with her. As with the other Smart Defense project site visits, the visit put the project in much sharper focus, allowing NLADA to support and message about its advances more effectively. NLADA and NCJA provided ongoing communication and planning through phone and email.
The significant advances made by the site team in the reporting period include: explaining the cite and release issues to the embedded DA and sharing data from east county to support the defenders’ observations (he was incredulous that so few charges had been filed six weeks from initial arrest, when defendants first came to court; the data convinced him somewhat). He gave us a great window into how the charging process works, which revealed that the delay with filing charges is likely due to junior DAs simply failing to file paperwork (O’Connell is the one to review evidence and make the decision about whether and what to file). He offered to, right away, start tracking cases as they left his desk to see where the slow-down happened within the DA’s office (invaluable info for this project). He said that if he found considerable delay, he would want to institute new oversight or training with the junior DAs. This will help the Smart Defense project to better create tools around engaging and achieving buy-in with stakeholders that support the success of future projects, particularly those that require collaboration between traditional adversaries to achieve a common goal.
Moving forward, the TTA team will support Contra Costa by looking into further automation of their data collection processes.

During this reporting period the opportunity to expand this project to a third site (Central County) emerged. While the team is excited about the opportunity, CCCPDO has also expressed concern related to overstretching their capacity and the risk of quality diminishing in order to accomplish quantity. NLADA is in the process of coordinating a second site visit to Contra Costa, likely in February 2018 where this issue may be addressed.
Current impact data from the site includes:
-A reduction in Richmond FTA from 50% to 17%
-Survey data attributing 47%+ attendance to CCCPODs reminders
-A reduction in Antioch FTA from 57% to 27%
-The development of a stakeholder relationship with Richmond law enforcement with the shared goal of fewer charges being filed overall
-The onboarding of a new legal assistant through AB109 funding

During this reporting period, the NLADA/NCJA TTA team held regular check in calls with Innovative Solutions grantee, the Contra Costa County Public Defender Office (CCCPDO), and its research partner, the Justice Management Institute, to provide advice, feedback and encouragement for project progress. It also conducted the second of two site visits for the project, and helped identify a suitable contractor to build a database that will house and facilitate analysis of data relating to the CCCPDO’s intervention.

The CCCPDO intervention is the Early Representation Project (ERP), which involves a partnership between the CCCPDO and local police departments to identify clients who are cited and released by police for misdemeanor offenses shortly after police contact so that CCCPDO staff can provide immediate outreach and offer services well in advance of individuals’ court dates. The intervention has been shown to significantly reduce the failure to appear (FTA) rate for clients’ initial court date in these cases, and it has grown from use by one initial site to use by three participating police agencies (the cities of Richmond and Antioch, plus the California Highway Patrol).
Current impact data from the site includes:
-A reduction in Richmond FTA rate from 50% to 17%
-Survey data attributing 47%+ attendance to CCCPDO’s reminders
-A reduction in Antioch FTA rate from 57% to 27%
-The development of a stakeholder relationship with Richmond law enforcement with the shared goal of fewer charges being filed overall
-The onboarding of a new legal assistant through AB109 funding

Challenges for the project arise from difficulty getting accurate baseline comparison data from the County or Court case management systems. The CCCPDO is likely to seek a no cost extension to provide more time to address these data challenges and to have a longer period in which to test the intervention and research its effects.

Site Visit

In February, the NLADA/NCJA TTA team visited Contra Costa County to conduct the second of two site visits, this one timed to coincide with a February, 15, 2018 gathering of two dozen county criminal justice system stakeholders where the Contra Costa County Public Defender Office (CCCPDO) shared information on the status of their BJA Innovative Solutions-funded Misdemeanor Early Representation Project (ERP) and to explore its expansion. The ERP is a collaborative effort between the CCCPDO with two police departments, Antioch (APD) and Richmond (RPD), to increase early (pre-case filing) access to public defenders by individuals who are issued citations by police and expected to appear in court to answer charges of misdemeanor offenses. Under way in Richmond since February 2017 and for 2.5 years in Antioch, the project has contributed to dramatic reductions in the Failure to Appear (FTA) rate among participants at their initial court appearance.

The initiative’s success is due not just to collaboration by the CCCPDO, APD and RPD, but also to close cooperation with the District Attorney’s office, judges, court clerks, and the county’s Office of Reentry and Justice. The February stakeholder meeting was co-facilitated by Deputy Public Defenders Ellen McDonnell and Blanca Hernandez along with Donte Blue, Deputy Director of the Office of Reentry and Justice. Research partner the Justice Management Institute shared initial research findings with the group.

While the meeting was focused on the ERP, the opportunity to collectively examine one issue led organically to discussion of creating a permanent criminal justice coordinating council to address all manner of criminal justice system issues. And following the stakeholder meeting, the project expanded to include cases initiated by the California Highway Patrol.

Meeting attendees included leadership from the following entities:
• Contra Costa County Superior Court (Presiding Judge Jill Fannin, Arraignment Court Judge Christopher Bowen, Deputy Executive Officer Kate Bieker)
• Antioch Police Department (Antioch Police Chief Tammany Brooks, Captain Diane Aguinaga, Captain Anthony Morefield)
• Richmond Police Department (Chief Allwyn Brown, Assistant Chief Bisa French)
• Contra Costa County District Attorney (Deputy District Attorney Simon O'Connell)
• Contra Costa County Sheriff’s Office (Assistant Sheriff Matthew Schuler, Administrative Services Assistant Chrystine Robbins)
• Contra Costa County Office of the Public Defender (Chief Public Defender Robin Lipetzky,
• Contra Costa County Bar Association Criminal Conflict Program (Director Bill Greene)
• Contra Costa Reentry Network (Network Manager Patrice Guillory)
• Office of Reentry and Justice (Director Donte Blue and Lara Delaney,
• Contra Costa County Probation Department (Probation Chief Todd Billeci)
• Contra Costa County Board of Supervisors.

During this reporting period, the NLADA/NCJA TTA team held five regular check in calls with Innovative Solutions grantee, the Contra Costa County Public Defender Office (CCCPDO), and its research partner, the Justice Management Institute, to provide advice, feedback and encouragement for project progress. It also executed a contract with a subject matter expert contractor, David Newhouse, to build a database that will house and facilitate analysis of data relating to the CCCPDO’s intervention. The CCCPDO intervention is the Early Representation Project (ERP), which involves a partnership between the CCCPDO and local police departments to identify clients who are cited and released by police for misdemeanor offenses shortly after police contact so that CCCPDO staff can provide immediate outreach and offer services well in advance of individuals’ court dates. The intervention has been shown to significantly reduce the failure to appear (FTA) rate for clients’ initial court date in these cases, and it has grown from use by one initial site to use by three participating police agencies (the cities of Richmond and Antioch, plus the California Highway Patrol). Current impact data from the site includes: -A reduction in Richmond FTA rate from 50% to 17% -Survey data attributing 47%+ attendance to CCCPDO’s reminders -A reduction in Antioch FTA rate from 57% to 27%. Challenges for the project arise from difficulty getting accurate baseline comparison data from the County or Court case management systems. The CCCPDO received a no cost extension to provide more time to address data challenges and to have a longer period in which to test the intervention and research its effects.

During this reporting period the NLADA/NCJA training and technical assistance (TTA) team continued to meet with the Contra Costa County project team, the sole grantee whose work was still under way in 2019.
During this reporting period, the NLADA TTA team held two regular check in calls with Innovative Solutions grantee, the Contra Costa County Public Defender Office (CCCPDO), and its research partner, the Justice Management Institute, to provide advice, feedback and encouragement for project progress. The CCCPDO intervention is the Early Representation Project (ERP), which involves a partnership between the CCCPDO and local police departments to identify clients who are cited and released by police for misdemeanor offenses shortly after police contact so that CCCPDO staff can provide immediate outreach and offer services well in advance of individuals’ court dates. The intervention has been shown to significantly reduce the failure to appear (FTA) rate for clients’ initial court date in these cases, and it has grown from use by one initial site to use by three participating police agencies (the cities of Richmond, Antioch, and Martinez, plus the California Highway Patrol). Current impact data from the site reveals that in 2015 to 2016, before the program started, approximately 37 percent of defendants cited for low-level misdemeanors did not appear at arraignment in the courts of the Cities of Antioch and Richmond. After the EarlyRep program began, the FTA rate at arraignment dropped to just under 20 percent, an almost 50 percent decline. Almost half of those people who made it to their arraignment affirmed that they came to court as a direct result of EarlyRep outreach. Put another way, the FTA rate at arraignment among those who had affirmative contact with EarlyRep was just 10 percent. Challenges for the project arise from difficulty getting accurate baseline comparison data from the County or Court case management systems. The CCCPDO received a no cost extension to provide more time to address data challenges and to have a longer period in which to test the intervention and research its effects.

During this reporting period the NLADA/NCJA training and technical assistance (TTA) team held a final check-in call with the Contra Costa County project team, the sole Innovative Solutions grantee whose work was still under way in 2019. The TTA Team met with grantee, the Contra Costa County Public Defender Office (CCCPDO), and its research partner, the Justice Management Institute, for final feedback on project status and outcomes. The CCCPDO intervention is the Early Representation Project (ERP), which involves a partnership between the CCCPDO and local police departments to identify clients who are cited and released by police for misdemeanor offenses shortly after police contact so that CCCPDO staff can provide immediate outreach and offer services well in advance of individuals’ court dates. The intervention was shown to significantly reduce the failure to appear (FTA) rate for clients’ initial court date in these cases, and it has grown from use by one initial site to use by three participating police agencies (the cities of Richmond, Antioch, and Martinez, plus the California Highway Patrol). Impact data from the site reveals that in 2015 to 2016, before the program started, approximately 37 percent of defendants cited for low-level misdemeanors did not appear at arraignment in the courts of the Cities of Antioch and Richmond. After the EarlyRep program began, the FTA rate at arraignment dropped to just under 20 percent, an almost 50 percent decline. Almost half of those people who made it to their arraignment affirmed that they came to court as a direct result of EarlyRep outreach. Put another way, the FTA rate at arraignment among those who had affirmative contact with EarlyRep was just 10 percent. Challenges for the project arose from difficulty getting accurate baseline comparison data from the County or Court case management systems. The CCCPDO received a no cost extension to provide more time to address data challenges and to have a longer period in which to test the intervention and research its effects. Its final report was well under way toward completion at the time of the final TTA check in call.