RE- ARREST OF HIGH -RISK
INDIVIDUALS AND
INTERAGENCY COORDINATION
ON PRETRIAL RELEASE STATUS
REPORT
1 October 3, 2023
Item 4.1
Presented by Captain Steve Donohue
& Captain Brian Spears
TIMELINE
2 April 13, 2022
“Addressing Rising
Crime & Expanding
Treatment for
Arrestees in San Jose”
Memorandum from
Mayor Liccardo,
Councilmember
Carrasco, and
Councilmember
Mahan
June 22, 2022
“Coordination with the
County Regarding
Repeat Offenders”
Memorandum from
Councilmember
Mahan
September 8, 2022
Joint Meeting
Between the San Jose
Public Safety, Finance,
and Strategic Support
Committee and the
Santa Clara County
Public Safety and
Justice Committee
November 30, 2022
“Roles in the Criminal
Justice System”
Memorandum from
Vice Mayor Jones
December 2022
through March 2023
Stakeholder Meetings
April 20, 2023
Update on
Interagency
Coordination Related
to Pretrial Release to
the Public Safety,
Finance, and Strategic
Support Committee
June 15, 2023
Re-Arrest of High-Risk
Individuals and
Interagency
Coordination on
Pretrial Release Status
Report to the Public
Safety, Finance, and
Strategic Support
Committee
Engage with the Sheriff’s Office, Pre-Trial Services, the District Attorney’s Office as well as a representative from the Judicial branch to investigate how high bail should be, and to communicate the need for keeping a subject in custody.
Engage with the Sheriff’s Office, Pre-Trial Services, the District Attorney’s Office and the Public Defender’s Office to understand under what circumstances, and what factors are taken into consideration when an arrestee is released on their own recognizance.
Engage with the District Attorney, the Public Defender, and a representative from the Judicial Branch to understand the impact of the Humphrey Decision.
Engage with Behavioral Health Services, Probation and Reentry Services to understand how law enforcement may better assist persons who do not meet the criteria for 5150 W&I, suffer from mental illness, are chronic substance abusers, whose conduct is repeated and problematic and refuse services.
Investigate the need to also involve additional County partners, as well as Social Services and Veterans Services as appropriate.
DIRECTION
3 Joint Meeting for the Rules and Open Government Committee and Committee of the Whole, 11/30/2022, Item C.2.
4 Bail Reform Alternatives to
Arrest
Captain Steve Donohue Deputy Chief Jaime Jimenez
Pretrial Release
BAIL REFORM STAKEHOLDERS
5 San Jose
Police
Department
District
Attorney’s
Office
Santa
Clara
County
Executive
Public
Defender’s
Office
Judiciary
Main Jail
Staff
Pretrial
Services
Behavioral
Health
Adult
Probation
Office of
Reentry
Services
“O.R.” – RELEASED ON ONE’S O WN RECOGNIZANCE
6 Public Safety Assessment Tool
Current Offense
Current
Violence
Current
Felony v.
Misdemeanor
Age
Pending
Charges
at the
Time of
Arrest
Prior Offense
Prior
Violence
Prior Felony
v.
Misdemeanor
Prior Failure
to Appear
Prior
Incarceration
Bail
Schedule
State Law
Threat
Assessment
HUMPHREY DECISION
7 On March 25, 2021, the California Supreme Court
ruled in In re Humphrey that setting bail at an amount
that a person cannot afford to pay is unconstitutional. https://law.ucla.edu/sites/default/files/PDFs/Criminal_Justice_Program/Coming_Up_Short_Report_2022_WEB.pdf “Humphrey Hearings”
BAIL REFORM STATUS
8 Interagency
Coordination
Funds for
Re-Arresting
High-Risk
Individuals
RE-ARRESTING HIGH RISK INDIVIDUALS
9 3
Covert Response Unit
Cases
12 Special Operations
Cases
FUNDING
10 $300,000 Allocation
- $60,000 Expenditure
$240,000 Remaining for Reallocation
FOCUS
11 BAIL REFORM OUTCOMES
12 Form
Revisions
Relationships
&
Communication
Training
Innovative
Steps in
High-Frequency
Offenders
1 2
3 4
ALTERNATIVES TO ARREST
13 Those with
Mental Illness
Those
Who Have
Committed
a Crime
Those with
Substance
Abuse
Issues
ALTERNATIVES TO ARREST STAKEHOLDERS
14 San Jose
Police
Department
District
Attorney’s
Office
Santa
Clara
County
Executive
Public
Defender’s
Office
Main Jail
Staff
Behavioral
Health
Office of
Reentry
Services
Adult
Probation
EDUCATIONAL BRIEFINGS FOR UNDERSTANDING
15 San Jose Police
Department Mobile Crisis
Assessment Team and
Psychiatric Emergency
Response Team
Santa Clara County
Behavioral Health Services
Santa Clara County Office
of Reentry Services
Santa Clara County
Sheriff's Office – Custody
Santa Clara County
District Attorney's Office –
Custody Alternatives and
Mental Health Programs
(CAMP) Unit
Santa Clara County Public
Defender's Office – Pre-
Arraignment
Representation and
Review (PARR)
San Jose Police
Department -
Communications
Santa Clara County
Probation Department
Social Services
Veterans' Affairs
ALTERNATIVES TO ARREST APPROACH
16 Collaboration
DUI
Diversions
BART
Diversions
NAMI
AB 1424
Form
Future Action
Items
WHERE DO WE GO FROM HERE?
17 Goal Setting
and Aligning
Values
Soliciting
Investment and
Identifying
Action Items
Prioritizing
Action Items
Action Item
Implementation
18