Criminal Justice Reform Flashcards
Criminal Justice reform act applies when:
a defendant is alleged to have committed an indictable crim or DP
- May also apply to PDP
- but NOT to ordinance violations or MV offenses
- policy encourages charging by summons rather than by warrant whenever it can without jeopardizing public safety
Bail reform
objective assessment of the risks that a defendant might fail to appear, might commit new criminal activity, or might commit a violent crime if released.
- live scanned before hand
- each county prosecutor is to be made available 24/7
- held for up to 48 hours
- notification to prosecutors office for review
compliant-warrant
only when some release condition are appropriate to manage the risk of flight, risk of safety to the community, witnesses, and victims and or the risk that defendant will obstruct the criminal justice process.
DV cases where no contact or other restraint is necessary
Automated pretrial risk assessment
produces a public safety assessment (PSA) that provides 3 risk indicators:
a six-point “failure to appear” FTA scale
a six point “new criminal activity” NCA scale
and a new “new violent criminal activity” NVCA flag
Bail reform
in cases where the defendant is less than 28 years old at the time of arrest, before decision is made whether to issue a summons or warrant, the Juvenile Central Registry shall be checked.
warrant when:
murder agg manslaughter manslaughter agg sex assault sex assault roberry carjacking escape *any attempt to commit any* *4, 5,or 6 on PSA* *DV contempt violation* *Sex assault survivor protection act* *bail jumping* *witness tampering or obstruction*
Bail reform considerations:
may use out of state pending charges to apply for warrant
may consider expunged records
*monetary bail remains an available but only as last resort
Requests of Lab analysis
forensic evidence should be submitted in a timely matter within 5 business days when the defendant is detained before trail.
