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This Week in Criminal Justice

ISSUE 57 • February 14, 2021

Court Backlog in Texas May Take Three Years to Clear

On February 11th, a group of Texas judges warned the Senate Finance Committee that addressing Texas’ court case backlog will take money and time. Nathan Hecht, the Texas Supreme Court's chief justice, told the committee that they estimate “it will take three years to plow through the backlog of criminal cases, and that doesn't include civil and child protection cases.” Further stating that it will take judges around “102,000 hours of work to return caseloads to pre-pandemic levels.” The judges urged the committee not to carry out “a budget proposal that cuts $550,000 a year from a fund to pay for visiting judges,” arguing it would negatively impact efforts to resolve court backlog. In turn, the committee urged the judges to return to in-person trials.

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Ohio Governor Signs 12 Criminal Justice Reform Bills

Ohio StatehouseOhio Governor Mike DeWine has signed over a dozen criminal justice bills passed at the end of 2020 into law. Among the bills was House Bill 1. HB1 will impact Ohio’s criminal system in four primary ways. One, it creates a pathway for “people facing certain criminal charges to avoid conviction if they complete [a] drug or alcohol treatment program.” Two, it builds “a quicker path to sealing conviction records.” Three, it “prohibits the shackling of pregnant women.” Four, it “reduces incarceration as a result of technical violations of probation.” HB 1 will go into effect on April 12, 2021. Other bills signed by DeWine limit the impact of “collateral sanctions,” allow people who “can’t pay driver license reinstatement fees to perform community service instead,” and alters juvenile parole requirements and eligibility.

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New Jersey State Bar Association Wants to End Virtual Grand Juries

New Jersey State Bar Association sealThe New Jersey State Bar Association (NJSBA) has come out against the state supreme court’s adoption of virtual grand juries during the pandemic. The NJSBA argues the practice violates a defendant’s right to “a secret and deliberative body of jurors.” They also argue that unequal access to technology means juries seated virtually are less likely to be “a cross-section of the community.” The NJSBA urges a return to in-person grand juries as soon as feasible and, in the meantime, using “alternatives to virtual proceedings.” Since the NJSBA is the largest professional organization for lawyers in the state, it is unlikely the supreme court justices will be able to overlook their stance, but how or when they will address the concerns remains unknown.

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Funding opportunities

Second Chance Act: Pay for Success Initiative

The US DOJ logo“The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance is seeking applications for funding to enhance or implement performance-based and outcomes-based contracts with reentry, permanent supportive housing, or recovery housing providers to reduce recidivism and address the substance use disorders impacting formerly incarcerated people.” Eligible applicants include city or township governments, county governments, public housing authorities/Indian housing authorities, Native American tribal governments, and others. There are two funding categories:

  • Category One: Permanent supportive housing or reentry services
    • Funding Amount: $1.1 million
    • Award Period: 54 months
  • Category Two: Contracting for recovery housing
    • Funding Amount: $1.1 million
    • Award Period: 54 months

Grants.gov Deadline: March 16, 2021
JustGrants Application Deadline: March 30, 2021

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Adult Drug Court and Veterans Treatment Court Discretionary Grant Program

The Bureau of Justice Assistance US Dept. of JusticeThe “BJA is seeking applications to implement and enhance drug court services, including service coordination, management of drug court participants, and recovery support services.” Eligible applicants include city or township governments, county governments, Native American tribal governments, and others. The grant has four funding categories:

  • Category One: Implementation grants for veterans’ treatment court.
    • Funding Amount: $500,000
    • Award Period: 48 months
  • Category Two: Enhancement grants for operational veterans’ treatment courts.
    • Funding Amount: $500,000
    • Award Period: 48 months
  • Category Three: Grants for operational treatment courts or treatment courts fully ready to implement.
    • Funding Amount: $500,000
    • Award Period: 48 months
  • Category 4: Grants for implementing statewide strategies to support treatment courts.
    • Funding Amount: $1.5 million
    • Award Period: 48 months

Grants.gov Deadline: March 31, 2021
JustGrants Deadline: April 14, 2021

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quote of the week

Ohio Governor Mike DeWine“There is a broad consensus in this country that people who commit crimes — non-violent offenses — because…they’re an addict, we all want to see them succeed. We want them to get clean, stay clean and be good members of society… we don’t want to tag them with a felony conviction.”

Governor Mike DeWine on Ohio’s HB1

In Depth

Four Tips to Develop and Implement Co-Responder Programs

Many cities and towns rely on law enforcement as first responders to mental health calls; however, studies show that this reliance often has undesirable results and can lead to increased jail populations. Consequently, a growing number of law enforcement agencies (LEA) are looking for alternative and ways to “position their officers for success in these calls and to help ensure best outcomes for the people in need.”

TeamworkOne-way LEAs are doing this is by developing co-responder programs and teams. Co-responder programs pair health care professionals with law enforcement officers. These pairings are Co-Responder Teams (CRTs) and they respond to mental health calls collaboratively.” “Jurisdictions…implementing CRTs have found that [the model has] reduced use of force, decreased arrests, decreased hospitalizations/ER visits, and reduced officer time on the scene.”

For jurisdictions that are interested in developing or implementing a CRT program, the Council of State Government’s Justice Center (CSGJC) has released a brief with four tips to make the program successful.

Tip One: Develop cross-system partnerships

Jurisdictions developing CRTs should build an interagency team with local health-care providers as well as invite support from community organizations and advocates.

Tip Two: Outline the program goals, policies, and procedures

PlanningAfter the team is assembled, put the plan on paper. “Jointly develop written policies and procedures that are clear and comprehensive.” Making sure to outline the CRT’s vision and goals, individual agency commitments, team responsibilities, and communication policies.

Tip Three: Inventory your community’s services and needs

Layout what resources are currently available in the community—be creative. “Based on this inventory, establish under which situations or types of calls the CRT will be deployed, and determine what types of assessments, supports, and services the team will provide.”

Tip Four: Assess outcomes and performance to determine if any changes are needed

EvaluationJurisdictions need to establish baseline metrics before implementing CRTs. Examples of data points include the “total number of crisis calls; outcomes of those contacts including arrest, diversion, and connection to care; frequency of use of force; the total number of repeat encounters to measure progress.” These metrics enable jurisdictions to see the impact the CRT is having and see where program tweaks are needed.

The CSGJC’s Law Enforcement-Mental Health Collaboration Support Center has more information and resources for jurisdictions looking to develop or enhance CRTs. The center offers training, resources, and specialized community support at no charge.

Read Full Brief

In Case You Missed It

  • MI budget proposal includes $92.4M toward criminal justice reforms
  • Most eligible individuals in Louisiana prisons are taking the COVID-19 vaccine
  • Report: Reducing the Misuse and Overuse of Jails
  • Video: How one county jail has maintained a 30% population drop
  • NJ top court orders new detention hearings for defendants with jury trials postponed by COVID-19
Worth a Watch

Not a cat.Have you seen lawyer cat? If you haven’t, go watch it really quick and come back. The hosts of the National Center for State Court’s Tiny Chat sat down with the patient lawyer cat judge—Roy Ferguson—to talk about how the incident was an access to justice moment.

Watch Now

Can’t get enough of lawyer cat? We suggest watching this inspired reenactment.

RECONNECT QUESTION

Has your jurisdiction implemented a co-responder program, what tips do you have to implement one successfully? Let us know on Twitter—@TryReconnect. #ReconnectQuestion

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Image Credits

Ohio Statehouse, NJSBA Logo, DOJ Logo, BJA Logo, Gov. DeWine

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