Monitored Conditional Release Program

In 1993, Kentucky’s jails housed about 5,000 inmates, according to research conducted by the Department of Pretrial Services. By 2005, most of the 15,000 local jail beds were occupied. Many defendants remain in jail awaiting trial because of the serious nature of the charge or other circumstances. In 2004, more than 211,000 people were arrested and detained in local jails after their arrest. Approximately one-third of those remained in jail until their cases concluded. This leaves county governments to bear the cost of incarceration.

Chief Justice Lambert asked the Department of Pretrial Services to find a viable solution to this growing problem. As a result, Pretrial Services launched the Monitored Conditional Release (MCR) Program in 2005. The program is designed to ease some of the pressures caused by jail overcrowding while ensuring that defendants return for court appearances. It also helps provide for public safety by reducing the risk of individuals committing other crimes while their cases are pending.

Pretrial defendants are defined as the inmates who are awaiting trial and presumed innocent, with the right to reasonable bail under the both the Kentucky and U.S. constitutions. On average, half of the defendants awaiting trial in local jails would be eligible for this program. With jail costs at $25 to $70 per day, depending on the jurisdiction, the program can mean major savings to county budgets. In its first year of operation the Monitored Conditional Release Program saved local governments over 5 million dollars in jail bed costs.

The MCR Program targets defendants who remain in jail because they are unable to make bond after their first appearance in court. The majority are charged with Class C and D felonies. The pretrial officers who work in the program have received specialized training and use standardized screening instruments to identify mental health issues and problems with alcohol and substance abuse.

In addition, pretrial officers conduct a needs evaluation along with a thorough verification through official records and discussions with family members, employers and/or treatment providers. A validated risk assessment is also used to measure flight risk and risk of anticipated criminal behavior. When all assessments are completed and all factors weighed, the pretrial officer is then prepared to make a recommendation to the court for release with supervision. Recommendations will be individually based, not charge specific.

Pretrial Services designs each program on a county-by-county basis to meet the unique needs of local communities. Most services require limited staff resources yet provide a high level of supervision of the defendants. While all services may not be available in every jurisdiction, Pretrial Services is committed to working with local communities to provide as many options as possible in each county. Depending on the jurisdiction, the following services will be available:

• Reporting and Court Notification
  This type of supervision targets defendants with a history of failure to appear in court or a serious criminal history. Defendants will be required to report to the pretrial officer either in person or by phone. The frequency and type of contact will depend on the individual needs of the defendant and the availability of the local pretrial officer. Court notification can be made through phone calls and mailed reminders or through the report-in process.

• Compliance Verification
  This type of supervision will ensure that the defendant is complying with his or her conditions of release. The pretrial officer will verify that conditions are met, such as not being charged with any violation of law, maintaining employment, paying child support, attending alcohol/substance abuse or mental health treatment, meeting medication requirements and receiving counseling.

• Curfew Monitoring
  Those defendants with a curfew stipulation will be required to have a land-line telephone with all options, such as call forwarding, removed. Pretrial officers will make random calls to the defendants’ homes 24 hours a day, seven days a week. Currently four programs are staffed 24/7 to make calls for the offices that do not have round-the-clock coverage.

• Random Drug Testing
  This type of supervision will target defendants charged with a felony-level drug offense or assessed as moderate to high risk for drug abuse. Random testing will be conducted using national standards, which require trained specimen collectors and certified lab tests.

• Home Incarceration and GPS Monitoring
  This process is the most labor intensive, but it ensures the highest level of defendant supervision. Due to the significant staff resources required, Pretrial Services will be recommending this condition for the more severe cases. Pretrial officers will not personally offer these services, but will work with local governments to find suitable providers that meet monitoring standards and offer cost-efficient and technologically advanced systems.