August / September

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August/September 2019

Vol. 17 No. 4

Accessing Courts Through Mobile Apps CHANGE SERVICE REQUESTED Courts Today 69 Lyme Road, Hanover, NH 03755

with alternative & diversion programs

Publisher & Executive Editor

Thomas S. Kapinos

Assistant Publisher

Jennifer Kapinos

A U G U S T / S E P T E M B E R 2 019 V O L U M E 17 N U M B E R 4

Editor Donna Rogers Contributing Editors Michael Grohs, Bill Schiffner G.F. Guercio, M.J. Guercio Editorial Intern

F EATU R E S

6 CTC 2019 Showcase: Technologies on Display

12 Q&A: Insiders Talk Tech at CTC Conference

20 Present, Store & Playback A/V Courtroom Integration

23 Accessing Courts Through Mobile Apps

26 44th Annual APPA Training Institute Wrap-up

30 Monitoring Probationers— Getting a Good ‘Check Up’

32 The Crystal Bail Ball

DE PARTM E NTS

4

Courts in the Media

Katrina Stroud Art Director Jamie Stroud Marketing Representatives Bonnie Dodson (828) 479-7472 Art Sylvie (480) 816-3448 Peggy Virgadamo (718) 456-7329

with alternative & diversion programs

is published bi-monthly by: Criminal Justice Media, Inc PO Box 213 Hermosa Beach, CA 90254 310.374.2700 Send address changes to: COURTS TODAY 69 Lyme Road Hanover, NH 03755 or fax (603) 643-6551 To receive a FREE subscription to COURTS TODAY submit, on court letterhead, your request with qualifying title; date, sign and mail to COURTS TODAY 69 Lyme Road Hanover, NH 03755 or you may fax your subscription request to (603) 643-6551 Subscriptions: Annual subscriptions for non-qualified personnel, United States only, is $60.00. Single copy or back issues-$10.00 All Canada and Foreign subscriptions are $90.00 per year. Printed in the United States of America, Copyright © 2019 Criminal Justice Media, Inc.

C O U RTS I N T H E M E D I A VIDEO HELPS DOMESTIC VIOLENCE VICTIMS—WHEN COURTS HAVE IT Domestic violence survivor Kristen Faith wishes she'd had the opportunity to obtain a temporary restraining order by video—an option in some jurisdictions, but not others—from her abusive partner in 2011. After three years of physical, sexual, emotional and financial abuse, the breaking point came one day while he was viciously biting her arm, Faith recalled in an interview with Law360, a LexisNexis company. Yet the prospect of facing him before a judge to get a restraining order made her so nervous she threw up in the courthouse parking lot, she said. Days after the restraining order was granted, Faith formed Break the Silence Against Domestic Violence, a nonprofit network of survivor-volunteers who offer various services. She said she's since met several people like herself who have questioned why the video conferencing wasn't offered where they were seeking services. "It's not well known, and I feel like, in situations like this, it's almost necessary for people to know that it exists," said Faith, who lives in Colorado Springs. Technology has made it possible for domestic vio-

lence survivors to quickly obtain temporary restraining orders with a judge from safe havens, such as victim advocacy service centers and even hospitals. But even though all courts allow the technology, it's not necessarily available everywhere. The culprits are limited court budgets, poor Internet reception in certain areas and a lack of training, according to attorneys and advocates for domestic violence survivors, who say even tracking where it's implemented is difficult in the 3,500 state courthouses in the nation. The earliest incarnation of courtroom videoconferencing dates to the late 1990s, and the technology has become more common in the last eight years or so, according to Liberty Aldrich, managing director and legal counsel for the nonprofit Center For Court Innovation. Now, domestic violence survivors can seek temporary restraining orders via video appearance in certain counties in Oklahoma, Oregon, New Jersey, New York, North Carolina and the District of Columbia, according to anecdotal evidence from the center and the National Center for State Courts. SUPERIOR COURTS IN N.H. PUSH TO DITCH PAPER Rockingham County Superior Court is New Hampshire’s first superior court to move its criminal cases from paper to an electronic format, according to the The switch was made in August and set the stage for the 10 other superior courts to follow over the next few months. The change is part of the state’s effort to modernize its court filing system with the New Hampshire e-Court Program, which launched in 2014. Hillsborough North is the next court to bring criminal cases online, with the remaining courts expected to convert between Sept. 16 and Nov. 8, according to Tina L. Nadeau, chief justice of the New Hampshire Superior Court. Last year it began transitioning all civil cases to an electronic format. Small claims, guardianships, wills and estate cases are also in electronic format in the state’s circuit courts. While the cases are moving to an electronic format, it doesn’t mean the general public can view them on the Internet from any personal device. The cases can only be viewed on a special computer kiosk in the lobby area of the courthouse. Nadeau said the state’s Judicial Branch is in the process of developing policies for providing access to documents through the Internet.“Key to that analysis is a balancing of the right to public access of case information with concerns related to the possible inadvertent disclosure of confidential information,” she said.

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CTC 2019: Ready to Roll into The Big Easy

OVER 1,500

court professionals from across the country are expected to be heading to New Orleans to see the latest in technology trends and solutions for the courtroom at CTC 2019; being held at the New Orleans Ernest N. Morial Convention Center, New Orleans, Louisiana, September 10-12. This biennial conference offers court personnel, three days of networking, educational sessions as well as the latest solutions in courtroom technology on display.

Susskind to Deliver Keynote One of the world’s leading experts on the colliding worlds of technology and law, Professor Richard Susskind, author, speaker,

and independent adviser to international professional firms and national governments will kick off CTC 2019 with a keynote address that will offer attendees a sneak peek into his forthcoming book, “More people in the world now have internet access than access to justice,� says Susskind. Drawing on almost 40 years in the fields of legal technology and jurisprudence, Susskind will show how we can use the remarkable reach of the internet to help people understand and enforce their legal rights. A pioneer of online courts, Susskind will argue that online courts will displace much conventional litigation. He will assess the benefits and drawbacks, and look

ahead, predicting how AI, machine learning, and virtual reality will likely come to dominate court service. Jesse Rutledge, vice president, External Affairs, NCSC, reports that attendees can get up to speed on the latest trends and best practices from educational sessions across a variety of tracks. Tracks include next-generation courts, access to justice, public trust, future tech roadmaps, and security. He says while new technology holds the promise of making courts better; it comes with new sets of concerns around security. “CTC 2019 is bringing a host of engaging sessions to our security track. Here a are a couple not to miss.� He suggests “The Importance of

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Photo credit: Superdome at night by Kathy Anderson Photography. (Image courtesy of New Orleans & Co.)

BY BI L L SC H I FFNE R , C O N T R IB U T IN G E D I T O R

Having a Cybersecurity Incident Response Plan” as a timely session to check out. “Cybersecurity remains a top concern for courts. As we hear stories, nearly daily, of compromises and data breaches, it becomes abundantly clear that it is a matter of ‘when’ not ‘if’ a cybersecurity incident will occur.” “Effective Security Awareness Training” is another CTC 2019 security session. “This one will delve into addressing staff training in the identification and avoidance of risks that come through email and other social engineering strategies,” he says. “You’ll take home ideas on implementing great training strategies to reduce human level security risks in your courts.” In addition to the educational programs, here are some of the top technologies and products, services and solutions that will be presented on the show floor.

Digital Displays Infax Inc.’s wayfinding solutions assist visitors in navigating the court setting independently. Utilizing digital displays, patrons have the ability to retrieve directions down to the suite they wish to visit with just a few taps. Once

their selection is complete, directions will display on the monitor along with keypad for mobile entry and QR code, so visitors can take the map with them as they heads towards their destinations. 1.770.209.9925, www.infax.com

High-Resolution Recording JAVS, Justice AV Solutions, a long-time leader in courtroom AV technology, will be introducing its new High-Resolution Recording with Captioning and Word Search capabilities at CTC. For more than 38 years JAVS has brought AV

innovation to the courtrooms throughout the U.S. and the world. Now JAVS has raised the bar again with the introduction of this advancement in courtroom AV recording technology, they say. Stop by booth #320 to see the next generation of courtroom audio and video capabilities. 1.800.354.JAVS (5287), www.javs.com

mation about their processes. ECFX benefits both the firms and the courts by increasing filing accuracy, they conclude. 1.310.980.0669, www.goecfx.com

Wayfinding Signage Courts have a duty to protect and enrich the quality of life for their people, neighborhoods and diverse communities. To do this, they need to improve public trust and confidence. A court docket display system can help. The Mvix docket display integrates with any case management system to display up-to-date case

E-Court Filing ECFX is a new legal tech company developing an enterprise class solution for all of a law firm’s Electronic Court Filing needs. ECFX is a SaaS platform that connects the e-filing systems of the U.S. courts with the internal law firm systems. ECFX Exchange is a community-sharing platform providing courts and legal professionals a great way to share infor-

information on commercial-grade screens throughout the courthouse. By automating the daily docket, staff will no longer have to reprint and repost the court calendar every time case information changes. The Mvix web-based interface allows authorized court staff to edit case information, announcements, and more. The solution is fully customizable and can filter CMS data to display case information in different areas of the courthouse. Visit booth #638 to demo the solution. 1.703.382.1739, www.mvixdigitalsignage.com August/September 2019x

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Online Dispute Resolution Tyler Technologies’ Modria is designed for online dispute resolution (ODR), leading parties stepby-step through an online process to resolve disputes as quickly as possible. Get out-of-the-box reso-

lution flows and automatically resolve the most common—and historically time-consuming—disputes, from debt to small claims to child custody and other complex case types. It offers real-time dashboards, pre-configured reports, and data export options help users stay on top of caseloads. 1.800.431.5776, cjsales@tylertech.com, www.tylertech.com

AI Software Computing System Innovations (CSI) is America’s leading provider of automated document classification, indexing and redaction solutions, it reports. CSI’s flagship product, Intellidact AI, increases workflow efficiencies via automat-

jects across the United States, processing over 6.5 billion images for 700 clients in 21 states. 1.407.598.1861, www.csisoft.com

Judicial Tools Mentis Technology Solutions offers judicial tools that are specifically designed by judges for judges. As a judicial dashboard and eBench, aiSMARTBENCH empowers the judicial user to work more efficiently and effectively by leveraging the electronic case file.

Automated Reporting Say goodbye to ineffective mailin, phone, web and kiosk reporting. cFive Catalyst takes automated reporting and client communication to a new level—for clients and

aiWorkSpaces is a case analytic and workflow tool, enables the user to manage their court caseload through automated watch-lists, analytics, and tasks executed across multiple cases. With anywhere access, judicial users can securely perform many tasks such as manage calendars, case dockets, and annotations, create and sign orders and perform analytics. 1.866.244.6339, www.mentistechnology.com

Digital Solutions CapturePro offers a robust solution that enables digital capture and management of official court records, hearings, and other audio and video content. CapturePro’s advanced features drive workflow

ed document classification and data extraction, with software bots performing automated and error-free data entry into case management systems. Intellidact has been selected for use in enterprise scale pro-

efficiencies, integrate seamlessly to third party applications such as court case management systems, and are easy to install and use. Capturepro protects content in motion and at rest using robust security protocols, it populates the case list and starts recording with just a few mouse clicks. 1.905.948.8266, www.viqsolutions.com

courts. Catalyst’s unique functionality raises the baseline of a court’s ability to monitor, manage and assist clients. Clients are empowered to make positive behavior and lifestyle changes, comply with supervision terms and reduce FTAs. Empower agencies, case managers and clients with Catalyst. 1.949.260.3000, www.cfive.com

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Case Management Software JWorks is a modifiable court case management system where what users see and how they interact with information is completely

configurable and can be easily tailored to roles, teams, and individuals. The JWorks Caseflow Engine triggers guidelines, milestones, events, and activities; while workflow automatically assigns and routes tasks and deadlines. Designed to be responsive on any device, JWorks is quickly accessible on a smartphone, tablet, laptop, or desktop—at the counter, on the bench, or anywhere in between—serving up the information when and how users need it. info@equivant.com, 1.800.406.4333, equivant.com

Web Solutions Justice Systems, an Ontario Systems company, provides innovative software, services, and solutions for courts and attorneys across the nation. Their products leverage web technologies and

include FullCourt Enterprise case management system, integrated imaging, e-payments, e-filing, jury management, and much more. The company has combined its innovative products with dedicated industry specialists that directly assist with implementing each of our court systems. They are “the Right Solution for the Justice System.” 1.505.883.3987, www.justicesystems.com

Document Management System The Tybera CEDAR document management system (DMS) is designed specifically for court needs. Tybera has found that

management system, the Landmark official records system, the YourDox title document system, and tax processing systems for counties and municipalities. Pioneer also provides content management systems and a scanning services bureau for transitioning paper to digital images through its subsidiary, Pioneer Records Management, which just recently opened a new location in Yadkinville, N.C. 1.800.280.5281, www.ptghome.com

Hearing Dashboard

many courts are moving away from full-featured DMS systems because of the high cost of features that are never used. The cost to license and maintain most DMS systems is based on the number of users or interactive connections. When an e-filing system is connected to a DMS it uses an interactive connection which means the more attorneys and Pro Se filers who use the system, the more connections to the DMS that are required. 1.801.226.2746, www.tybera.com

Software Solutions Pioneer Technology Group (Pioneer) is a leading developer of software solutions and services to governments and the private sector. The company is headquartered in Sanford, Florida. Offerings include: Benchmark, a court case

CourtSolutions provides courts with a modern and powerful telephonic appearance platform at no cost. Through the CourtSolutions Hearing Dashboard, courts always know who is on a call and can control participants’ activities. Developed by experienced attor-

neys in close consultation with court, CourtSolutions has reimagined the entire telephonic hearing process from making reservation requests to how calls are started to the calls themselves. Every step reduces the burdens on all parties while increasing access and control. 1.917.746.7476, www.court-solutions.com

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BY G. F. G U ERC I O, C O N T R I B U T I N G E D IT O R

Q&A: Courtside at CTC The Court Technology Conference generates the opportunity for a chat with those involved in the latest in court tech.

P

owered by the National Center for State Courts (NCSC) and brought to New Orleans, the Court Technology Conference (CTC) presents Professor Richard Susskind who leads the charge, opening the 2019 conference with a preview of his upcoming book: “Online Courts and the Future of Justice.” According to Susskind, more people in the world have internet access than access to justice. Susskind contends that online courts will displace much conventional litigation and artificial intelligence (AI), machine learning, and virtual reality will dominate court service. Other educational sessions continue in this vein focusing on next-

generation courts, and futuretech roadmaps. And as &<14;9= <+3, magazine connects courtside, we pose two questions to the conference’s court technology experts. Q: What are the newest techniques, features and operations trending in case management, juror systems, e-filing or any other system in courts? A: Sue Humphreys, director of Industry Relations, equivant Until recent years, it was assumed that a case management system (CMS) contains pretty much every function a court needs to manage its caseload. So over time, almost every process that can be automated in a court has been tossed to the court’s CMS supplier for a solution. It’s simple pragma-

tism; no single company is going to deliver “best-of-breed” software for every type of function or service performed by a court. Enter the Court Component Model (CCM). Introduced in 2017 by the Joint Technology Committee (JTC) established by Conference of State Court Administrators, National Association for Court Management, and NCSC, the CCM is helping to define a new way forward for both courts and technologists to design, sell/purchase, and implement technology for courts. Under the CCM, emphasis is on defining individual components that can interact through standard connectors, allowing courts to choose systems that address the specific needs of their court and the flexibility to add on or swap components downstream as desired. The model is great for software

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developers, too, because it identifies the most critical elements of court case management for companies that want to innovate around particular components. The “components” of the CCM are groupings of software that individually cover a major court process or operation, and collectively can work together, sharing data and certain services to facilitate a truly comprehensive court case management environment.

BIS Digital technology in Clayton County State Courtroom in Georgia.

A: Kirk Ambrose, vice president, BIS Digital The evolution of the courtroom is under way. Technology is transforming individual court processes. Since the early 1980s multichannel court recording technology has been a mainstay of most courtrooms. What if you no longer needed a PC to monitor and control your courtroom? What if you didn’t even need to be in the same courthouse? Better yet, what if you could do this from anywhere in the world? Now available, these technological advances bringing mobility will have an impact on court operations. Bringing people located remotely to the court through technology brings efficiencies and can even impact the outcome of a case. Using a PC, Mac, iPad or Google tablet you now have the ability to monitor and control live courtroom proceedings securely using

just a web browser—a major shift from traditional on-premise IT. The challenge getting all these technologies connected and seamlessly integrated is when the magic happens: all audio, video, presentation and video teleconferencing records come together in one central repository. A: Scott Crampton, project and account manager, Intresys/Turbo Court

shown that users are more comfortable and capable with remote interaction than in-person: it’s cheaper, faster and less stressful. The challenge is to incorporate ODR with case filing and traditional adjudication into one userfriendly system. Adding yet another system into the mix will be inefficient and create costly integration expense. What’s needed is one platform for all possible outcomes: dismissal, settlement, adjudication.

Without a doubt one of the hottest topics in court administration today is the adoption of Online Dispute Resolution (ODR) in courts. ODR is a natural progression from in-person, adversarial hearings, then on-site mediations and now the realization that court users want remote interaction and functionality in lieu of “brick-and-mortar” appearances. The challenge is not about utilizing the technology associated with ODR, in fact, studies have

A: Sean O’Connell, VP Marketing, CaseLines At CaseLines we see a combination of pressures and opportunities. The major pressure, particularly in criminal, but also juvenile protection, is the growth of video evidence. Police, prosecutors and the courts are all facing a fire hose of multimedia evidence and the time spent getting all that before the judge has become a huge burden. What’s needed are collaborative tools that allow all this new evidence to be shared quickly, simply, securely and at low cost. On

CaseLines shows how cloud-based collaborative tools that maintain chain of custody combined with granular permissions are making it possible to share evidence collaboratively across multiple systems. August/September 2019x

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the other hand, we are seeing great opportunities to improve transcription and translation using AI. The tools are not perfect yet, but already a transcript can be available in the case file an hour after the hearing with a hyperlink that takes the user back to the original recording for easy checking. Trading off perfection against speed, ease of access and cost savings seems to be a worthwhile equation for many users. A: Scot Bade, president and product visionary, ImageSoft, Inc. Software technology is evolving using a component model towards smaller, reusable, interchangeable components. E-filing has set the standard of inter-connectivity in courts due, in large part, to the standard ECF framework that allows disparate systems to work together. The justice market is demanding innovation from many sources, and not just large monolithic solutions from a small set of vendors. Online Dispute Resolution (ODR) is allowing an increasing number of discrete processes to be performed without traveling to the courthouse. ODR is filling the gaps left by legacy efiling and case management technology. E-filing systems are becoming “smarter” by allowing the filer to provide an increasing amount of

The Wolfvision Cynap wireless presentation and collaboration systems help manage and securely present digital materials of all types in court.

ImageSoft Inc. President Scott Bade

data, instead of simply accepting “dumb” documents from filers that require court interpretation. As efiling systems get smarter, they are opening the door for electronic workflow to automate a great many court tasks. This automation is reducing case backlogs, and improving outcomes.“Access to Justice” has moved from a buzzword, to a mainstream requirements that is driving funding of many court technology initiatives.

securely present digital materials of all types in court, and for this purpose our Cynap wireless presentation and collaboration systems are proving very popular. The Florida Courts case study (see sidebar) is extremely interesting because the WolfVision solution combines both the Cynap system and presentation cameras to offer a complete system for presentation of evidence from both analog and digital formats. A: Rachel Schienbein, marketing & sales specialist, Jury Systems Incorporated

A: Joel Carroll, national training manager/regional sales manager, WolfVision USA In addition to the requirement to present images of actual objects, there is also a growing requirement to be able to manage and Juror, Case, and Daily Status Monitors allow staff to access useful jury management information with Jury Systems Inc.’s Jury+Web Generation JMS. The dashboard also gives an overview of daily jury operation in one place.

The Dashboard found in JURY+ Web Generation was designed with our clients in mind. Over the years we found a similar desire from clients who wanted to get an August/September 2019 14

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overview of what is going on in the jury room each day. We designed the dashboard to allow the court staff to get a glimpse of statistics used while running the Jury Office such as how many jurors are in pool, how many jurors on a case, how many panels

have been sent, juror utilization, web tasks, and more. A: James Newman, senior vice president, cFive Solutions What’s exciting is that Behavior Change Technology (BCT) is expanding into the court arena.

cFive’s James Newman, senior vice president

Taking a holistic approach to rehabilitation that includes a focus on behavior modification along with tracking compliance is gaining momentum, and for good reason— it works. Technology is an integral part of our lives, so it makes sense to tap this medium to enhance court/client communication and encourage behavior modification. In general, the use of BCT in other industries like healthcare and education have been very successful in helping shape user behavior. At cFive we are finding it is perfect for community supervision. Q: What do you see coming in 2020 and beyond? A: Michael Kleiman, director of Marketing, Tyler Technologies Courts & Justice Division In 2020 and beyond, we see interesting possibilities for leveraging ODR in handling certain types of criminal cases. ODR solutions like Tyler’s Modria could assist with criminal moving vehicle vio-

Case Studies: Users Talk About Successes 23(: <-; = 4086(;<6=&<16;,.= 35.=&84718;=&<14;=9,9;:2=82 0:2:6;9=36 :6+*;<*:6+=+8(8;30=739:=-0</=2363(:2:6;=:6#84<62:6;=-<4=78#80=36+=74828630 7<14;=4:7<4+95=&39:=9;1+,=086 );; 9 $$///5823(:9<-;86757<2$4:9<147:9$7<14;9$823(:9<-;*739:9;1+,* 34086(;<6&&5);20

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lation cases (driving without a license, driving under the influence, etc.) by creating an expedited online process that can allow for a more efficient resolution for these case types. For victim offender reconciliation programs (VORP), ODR could enable managed conversations between parties in a safe, controlled environment, particularly when the parties are unable or unwilling to participate in person. Using ODR for plea bargaining between prosecutors and

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will look to the cloud to support certain functions. A: Sean O’Connell, VP Marketing, CaseLines We see better integration across the justice system, especially in criminal. Historically that has not been possible for technical and constitutional reasons. But new cloud-based collaborative tools that maintain chain of custody combined with granular permissions are making it possible to share evidence collaboratively across multiple systems, delivering huge savings. We also see many new applications for AI, not only in areas such as transcription and translation, but also new redaction techniques and helping litigators defense counsel could provide a system through which attorneys could exchange offers, reach an outcome, and memorialize the agreement, all online. A: Troy Burke, director of Government Solutions, Extract Systems For customers that are willing to embrace the cloud-based solutions there are a lot of exciting opportunities. For example, we recently did some testing with Google Cloud Vision on handwriting recognition and its performance blew away the results of your typical OCR/ICR (optical character recognition/intelligent character recognition) vendors. At Extract we see more and more organizations moving to Azure (Microsoft) or AWS (Amazon Web Services) environments rather than hosting locally. We recognize courts and other government agencies view this as

a risk, but the reality is these are amongst the most secure environments available. By using servers hosted in Azure or AWS you can more easily scale up for spikes in volume or to handle one-time historical projects. A: Kirk Ambrose, vice president, BIS Digital One trend that is likely to gain speed is the adoption of video as the official court record. Video can capture information, such as physical gestures and facial expressions, that’s not possible through audio alone. This is amplified when you add multi-channel video recording into the mix. Moving to a virtual courtroom is another trend that will continue. Our smartphones and tablets have made it possible to access information at all times, and we’ve come expect this expediency. Whether it’s data storage or mobile enterprise control, courts increasingly August/September 2019x

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representation, DA’s office, psych eval/mental health/public defender and probation.

Joel Carroll, national training manager/regional sales manager at WolfVision USA.

to structure arguments around the evidence better. We are even working on a project to use AI to support self-represented litigants. A: Ben Martin VP of Sales and Marketing, Mentis Technology Solutions The focus shifts from the CMS as the hub to the judiciary as the hub for all court stakeholders. The graphic (on the previous page) illustrates the judiciary

A: Joel Carroll, national training manager/regional sales manager, WolfVision USA WolfVision already sees strong demand for the ability to bring digital content materials from smartphones, tablets, and laptops into the courtroom, and for this content to be used as part of the court process. Of key importance, as noted in the Florida case study (see sidebar), is security of data, ease of use, the ability to provide wireless connectivity for mobile devices regardless of platform (iOS, Android, Windows, Mac etc.), and reliability. In order to prevent interruption of court processes, it is also important that additional apps, software, dongles, buttons, etc. are not required in order to enable speedy connection as required from large numbers of courtroom visitors. This trend will increase through 2020 and beyond.

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Ben Martin VP of Sales and Marketing, Mentis Technology Solutions

with connections to case info, jail status, defendant info, fines/bail/payment status, defense teams, similar and prior cases checks, child and parental

WolfVision’s vSolution MATRIX is a networked AV over IP-based collaboration solution.

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BY DONNA ROG ERS , E D IT O R

Present, Store and Playback Solutions for all a court’s

CLEARLY

audio-visual needs.

HEARING AND SEEING

everything being presented in the courtroom and accurately capturing the record is crucial to a fair justice system. The following hitech A/V solutions and services can help achieve those sight and sound goals for excellence.

Complete Digital Solution JAVS AV equipment is utilized in multiple courtroom scenarios and available in a variety of configurations to meet all judicial budgets. At the courthouse level, you want to be concerned with archival and management of your recorded files and we have solutions to cover these requirements as well, according to Brian Green, vice president of Operations. “Our solutions enable courts to accurately capture, store, and publish the official verbatim record.” From public address to remote arraignment, to open source access, JAVS

promotes truth and accuracy by preserving the record of the future, he says. High quality audio capture is at the heart of a recording system, Green asserts. Notewise 3 is JAVS newest platform designed for next level A/V recording, logging, and playback. Among its features are speech timelines, time-stamped quick notes, speaker identification, and many customizable set-

tings. For courts wishing to add other technologies into their recording, JAVS can integrate video capture and evidence pre-

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sentation into the record as well. The company’s designers, engineers and developers, have AV hardware, archiving and capture software, and systems control operations, at their disposal, to set up a complete digital solution to satisfy any courts needs. 1.800.354.JAVS (5287), www.javs.com

Digital A/V Podium Nomad A/V Systems’ evidence

presentation systems are known for being reliable and easy to use, the company notes. Nomad’s newest product, The LT-Blue, is no exception. The Nomad LT-Blue is powered primarily by Crestron. With the unrivaled quality of Crestron components along with Nomad’s standardized approach to system design, the LT-Blue lets attorneys take evidence presentation to a new level. 1.888.622.6565, info@nomadAVsystems.com, www.nomadAVsystems.com

Storage Cabinet Nomad offers permanent and mobile evidence presentation solutions for courtrooms. When a mobile solution is required for cus-

tomers that want to implement a large jury monitor and monitors for the witness, plaintiff and defense teams, and the judge, the Nomad storage cabinet provides the perfect vehicle to store and move these accessories from courtroom to courtroom. 1.888.622.6565, info@nomadAVsystems.com, www.nomadAVsystems.com

Evidence Presentation WolfVision’s Cynap family of products are helping courtrooms that are struggling with outdated or nonexistent evidence presentation systems. Utilizing a simple user interface, any user in the courtroom is empowered to present physical, digital or mobile device evidence with ease. Recording and annotation are also part of the Cynap family. 1.877.873.WOLF, www.wolfvision.com

Showing the Minutest Detail of Evidence WolfVision’s VZ-9.4F Visualizer is helping court systems that are

frustrated with the difficulty of presenting evidence. By using the VZ-9.4F high-resolution evidence presentation camera, they are able to simply show the smallest detail of both physical and digital objects. A built-in switcher makes it easy to switch between a laptop and Visualizer. 1.877.873.WOLF, www.wolfvision.com

Justice A/V Services Conference Technologies, Inc.® is your resource for audio-visual advances in courtroom technology, the firm notes. Our court consulting group brings over 25 years of design and integration expertise to guide your court system infrastructure with detailed knowledge tailored to all court calendar types, it says. With continual changes in technology and facility requirements, our goal is to develop current solutions for you to achieve an innovative courtroom system. 800.743.6051, info@conferencetech.com, www.conferencetech.com/portfolio/justice/

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BY M .J. G U E R C I O, C ONTR I BU TI NG EDITO R

CO U RT ACC E SS O N TH E G O Mobile apps are the future of public outreach.

“W

ho are you calling?� Jackie asks her husband John while putting on her coat and grabbing the car keys. John replies, “I have to call the clerk’s office before we leave. I lost my traffic ticket with information about my upcoming court date, and I want to make sure I don’t miss court.� “Dear, let’s go,� says Jackie. “We don’t want to miss our dinner reservation. On the way you can use the court’s mobile app on my cell phone to check your court date.� “Really,� John replies, “that’s great.� So narrates the Honorable Dorothy Brown, clerk of the Cook County Circuit Court, Illinois, relating the usefulness of her court’s mobile application. John and Jackie aren’t the only ones taking advantage of courthouse mobile apps. Across the country innovative courthouses have implemented mobile applications to increase their public outreach. Mobile platforms have begun to replace fixed platforms as a means to communicate and access information. In fact, accord-

The Honorable Dorothy Brown, clerk of Cook County Circuit Court, Illinois.

ing to the 2018 report by comScore, the number of mobile users surpasses the number of desktop users. In fact, Cook County Circuit Court developed its app, the Court Clerk Mobile Connect, in 2013. Brown explains, “Court Clerk Mobile Connect is another one of the ways that the clerk’s office is using ever-changing technology to make important Cook County information accessible anytime, anywhere.� The Cook County Circuit Court clerk’s app has over 30,000 downloads. Brown attribut-

es the apps’ popularity to its convenience. “No matter if you are on your way to a restaurant or commuting to work, traveling out of town or at a social event with friends, having the clerk’s office’s mobile app on your smart phone allows you to keep up with Cook County Circuit Court information wherever you go.� Court Clerk Mobile Connect was designed at no additional cost to Cook County taxpayers and is available for iOS and Android devices. Brown notes, “I am so proud of this new technology that was successfully designed inhouse by our MIS (Management Information Systems) Department, thus saving the county thousands of dollars.� The app has a “Find us on Google Map� feature that allows access to a smart phone’s locationservices for directions. The fees section provides a list of courtrelated costs and fees. Fees include, says Brown, “filing costs, appearance fees, criminal and quasi-criminal costs.� The facilities feature lists each clerk’s office department, division and district August/September 2019x

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with locations and contact information. Users can search Cook County Circuit Court civil case types on the Electronic Docket as well as Moving Violations in the Traffic Ticket search. Upcoming court dates can be found through a Court Call Search. Civil case types include: Civil, Law, Chancery, Child Support, Domestic Relations and Probate cases. The Electronic Docket is searched by entering either a case number or the last name of the plaintiff or defendant. Case summaries, plaintiff and defendant information can also be retrieved, notes Brown. Attorney information as well as case activity can be searched and case information can be saved on the app for future access. Moving violation case information is accessed by a search. Traffic violation information is searched by driver’s license number or traffic ticket number. This information includes, “a summary of the case, which cites the issue date of the ticket and the last court date,” says Brown. “And, under ticket details, the district where the case will be heard, the issuing agency, the charge, disposition of the case and the date, time and courtroom number for the next date are provided.” Further, Court Call is a procedure that schedules court cases for hearing before the court. Brown details, “Its purpose is to allow the parties and court to arrange schedules and be available at the scheduled time.” Court Call Search includes the court call roster for upcoming court dates to be held within the next five business days. Court dates are searched by case

has increased, according to Maile. Today, analytics show that 44 percent of web users are navigating from their mobile device. The Hawaii Court Mobile app was developed in January 2017. It can be downloaded free of charge for both iOS and android devices. Chief Justice Mark E. Recktenwald relays, “This app provides a wealth of information about our courts to thousands of users.” The mobile platform has a simple design that allows for easy navigation. It provides access to court record search engines as well as court forms and traffic case information.

Garden State App Illinois Court Clerk Mobile Connect accesses case dockets, traffic tickets and court call schedules from mobile devices.

number. Brown states that, “It is a great app to have readily available on your mobile device(s) because you never know when it will be vitally important that you have immediate access to Cook County court-related information. It’s justice at your fingertips.”

Aloha App Another mobile example, the Hawaii State Judiciary is committed to improving access to justice, says Rodney Maile, administrative director of the courts. “The mobile app is available at the fingertips of anyone with a mobile device, and as smart phones begin to outpace the use of personal computers, it is important that the courts keep pace with the world around us.” In 2016, 37 percent of the Hawaii State Judiciary’s web users were visiting its website through their mobile devices. That number

The New Jersey State Judiciary offers multiple apps: the N.J. Judiciary Attorney app, N.J. Courts Help, New Jersey Municipal Courts and most notably, the New Jersey Juror app. The public has found a propensity to move to technologies that make their transactions easier, says Jack McCarthy, chief information officer. “The public expects to work with the government in the same manner they deal with in their home life,” he adds. “Transactions should be as easy as working with Amazon, Facebook, etc.” The production of the juror app was motivated by a desire for modern channels of communication with the public. McCarthy states that the purpose of the app was to recreate the same experience users have in their interaction with other companies and institutions. The Juror app has received 50,000 downloads. McCarthy notes, “A good deal of the public leverages information on the website, but we have found a channel

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to communicate with another portion of our constituents.” The app is a modern approach to the court’s internal workings; it was designed in-house and is free. “It taught our developers to design with mobile first,” McCarthy says. The New Jersey Juror app provides essential jury duty information. Directions to the courthouse are available as well as parking information. Lunch options and information about jury service are also provided. A news feed keeps jurors up-to-date with the latest judiciary news. A juror can also call or email a jury manager through the app. “Our goal was to provide them a simple way to navigate through their service to us in as convenient a way as possible,” says McCarthy. “What we found was the application put it all at their fingertips,” he adds, “with simple mobile friendly gestures.”

provide quality services to the people we serve,” says BowmanEnglish. “Like other government entities, courts have limited resources. Technology allows us to give people the information they need without increasing staff.” CourtWatch can be used to search criminal, civil and traffic cases. The app lists case information including full journal entries, case status and suit amounts. It can also access attorney information as well as plaintiff and defendant information. Links to scanned documents and prior convictions are also provided. And payments can

State of Illinois Cook County Circuit Court app: Court Clerk Mobile Connect.

at the women’s shelters use the app to track court dates. Clerk Bowman-English concludes that overall creating the app, “has been a worthwhile experience.”

Buckeye State App When the Toledo Municipal Court of Ohio observed that website traffic had diminished in favor of mobile applications, they developed the CourtWatch mobile app. The court acknowledged that the app provided a way to connect with a different audience. Vallie BowmanEnglish, clerk of the court states, “We decided to develop an app after receiving complaints that it was too hard to use our online case search on smartphones.” Younger people use apps on their phones more than any other demographic, notes BowmanEnglish, and having an app is a way for people to engage with the court on a platform they understand. “If courts don’t embrace technology, we won’t be able to

Apps Are the Future

Analytics show that 44 percent of web users are navigating the Hawaii State Judiciary from their mobile device.

be made through the app. CourtWatch is used by judges in determining bond, attorneys in determining legal fees and child service workers before entering a household, she says, while victims

Mobile applications are the future of online interactions with companies and institutions alike. Younger generations spend most of their time on mobile platforms rather than fixed platforms, and as mobile apps become more popular the population as a whole has increased their usage. Apps are fast and portable, making them more convenient than web browsers. Mobile apps are a trend in the consumer market, and courts have picked up on this movement, catering to the needs of the public they serve. CT August/September 2019x

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BY KATRINA STROUD, CONTRIBUTING WRITER & DONNA ROGERS, EDITOR-IN-CHIEF

44

th

Annual APPA Training Institute Review

S.F. show for probation and parole supervisors features innovations in monitoring and case management software, intensive sessions for supervisors, and speakers discussing criminal justice reform.

T

he 44th Annual American Probation and Parole Association (APPA) conference which was held August 18-21 in San Francisco hosted workshops, intensive sessions, guest speakers, and a Resource Expo designed to help shape America’s future through the roles of probation and parole officers. This goal of this year’s theme—Passion, Courage, and Endurance: Transforming Community Corrections—is to address critical social issues in the adult and juvenile justice systems by promoting public safety and to incorporate diversity, equity, and inclusion in justice system program development. Speakers Van Jones, Charles Robinson and Dr. Jaime Brower

delivered the three main general sessions on each day of the conference. First, on the evening of August 18, Jones, the CEO of REFORM Alliance, an activist organization whose goal is to reduce the mass flow of incarceration, delivered the opening session titled ),/ *,-(#/ +. .,) / "('.& -!*+ / . $'-+ Jones is also the host on CNN’s four-part series podcast, Incarceration, Inc., exploiting the for-profit industries that keep the prisoners incarcerated and the expenses that keep the prisoners behind bars. Charles Robinson, who is the deputy chief of the Probation & Pretrial Services Office of the Administrative Office of the United States, presented the plenary speech titled - *,%/ * -/ ),%

.++*+( / +* )'.*,/ .,/ '$-/ +. .,) "('.&-/ -!*+ / +) / Robinson is the author of -&.(.*,/ *.,'( as well as co-author of three other cognitivebased programs used in corrections. -&.(.*,/ *.,'( is a group-oriented, cognitive program designed to steer offenders away from thoughts that lead to trouble or problems and how to think more motivated thoughts. Another of his programs, $)'/ +-/ $- / $., ., -&$,. "-(/ !*+/ %%+-((., / .( )&'*+(/ .'$/ !!-,%-+(# involves a problem-solving process to address violation behavior and '* ., "(-/ !*+/ -+ *,- is a program designed to help offenders make and maintain changes in abusive behavior. Robinson believes that the work of probation officers and community supervision offi-

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cers can help clients interact within their communities. Dr. Jamie Brower, PSY.D, ABPP, an American Board Certified specialist in Police and Safety Psychology and academy president of the American Board of Police and Public Safety Psychology, has spent her career dedicated to working with those in law enforcement, corrections, detentions, fire, military, and other high stress occupations. She was the closing session speaker on August 21. Along with these talks, a number of exhibitors will be showcasing the latest in technological advancements by companies to help promote best practices to be used going forward. A new wave of technological ideas can help slow the process of mass incarceration and to help offenders work safely among others in public during their probation and parole supervision. Show organizers say it promises to be a show of passion, courage and endurance.

Bluetooth-enabled Tester Smart Start has announced the introduction of BreathCheck.™ BreathCheck is a discreet,

agement tool, they report they provide the best solutions to an alcohol monitoring program. 1.800.880.3394, breathcheck@ smartstartinc.com, www.smartstartinc.com/breathcheck/

Sharing Monitoring Expertise Attenti’s mission is to create a positive social impact by providing innovative Electronic Monitoring Solutions it reports to be superior quality and value for law enforcement and corrections agencies. Since 1994, it has been assisting

government agencies and correctional service providers worldwide, sharing expertise, experience and technological knowledge to bring peace of mind to communities and the people whose job it is to keep them safe and secure. contact@attentigroup.com, 1.866.213.0240

bracelets. CJIS-security compliant Tyler Supervision also makes it easy to view and share case information across agencies and jurisdictions, which increases efficiency and elevates the ability to keep the public safe. cjsales@tylertech.com, 1.800.431.5776, www.tylertech.com

Programming, Treatment & Monitoring The Northpointe Suite Specialty Court System from equivant comes complete with industry-leading risk/needs assessment, case management, and statistical/reporting tools to provide the most complete

specialty court solution available today, they note. Together, the Suite’s integrated components address risk-needs-responsivity considerations for eligibility, programming, treatment, and monitoring based on underlying criminogenic needs of both adults and youth. Assessment data flows seamlessly to guide the team’s

Adult and Juvenile Supervision in One Tyler Supervision™ provides supervision and probation clients with a comprehensive, easy-to-use SaaS product to manage probationers and parolees, and smoothly track every step of the supervision Bluetooth-enabled device that operates alongside Smart Start’s mobile app, testing the user’s breath alcohol concentration level as well as providing GPS location and video verification with real-time test results. Paired with SmartWeb,™ the company’s powerful case man-

process with features including automatic check-ins, automated appointment reminders, and active tracking of electronic monitoring

detailed case plan, treatment strategy, milestones, and outcomes. The system easily consumes lab results and other data and allows for team collaboration. Personalized views let you access the information you need–whether judge, docket coordinator, case manager, supervision officer, or treatment provider. 1.800.406.4333, katie.brachel@equivant.com, www.equivant.com August/September 2019x

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Automated Reporting Solution

EBP Supervision System JusticeTools: the most advanced Evidence Based Practice (EBP) Case Management System, the company says. Developed for modern day officers to address evolving trends in correctional industries, the application provides guidelines and deci-

Goodbye ineffective mail-in, phone, web and kiosk reporting. CFive Catalyst takes automated reporting and client communication

applications such as Education, eBooks, Law Library and Job Search right at the users’ fingertips. This patent-pending feature reduces staff involvement in administering tablets, which saves valuable time. sales@securustechnologies.com, 1.972.277.0300, www.securustechnologies.tech

to a new level—for clients, courts and agencies. Catalyst’s unique functionality raises the baseline of your ability to monitor, manage and assist clients, notes the company. Clients are empowered to make positive behavior and lifestyle changes, comply with supervision terms and reduce FTAs. Empower your court, agency, case managers and clients with Catalyst. 949.260.3002, www.cfive.com

Access to Critical Content Securus Technologies SecureView® Tablet Make Mine feature helps offenders get equal access to critical content, helping them to become successful now and in the future, the company says. This exclusive program puts

Ignition Interlock Devices

sion matrixes for different decision points that officers and executive managements face on a daily basis. JusticeTools systems are designed to enhance officer’s core practice principles skills through built-in Organizational Develop-ment and EPICS modules. With Case Profile Summary, Detention, Assessment, Case Planning, Response Grid and other EBP modules, JusticeTools is the system that best fits many overall supervision needs. sales@JusticeTools.com, 844.382.8600, www.JusticeTools.com

Training System + Online Network Intoxalock has over 25 years of ignition interlock expertise and continues to be a leader in the industry with reliable devices, convenient locations and unbeatable customer support, they note. With customers in all 50 states and more locations than any other ignition interlock provider, Intoxalock makes the process quick and convenient. The company has a location within 15 miles of more than 91% of all customers. 1.844.677.9243, www.intoxalock.com

Envisage Technologies builds public safety software based on a single, powerful principle: we want to ensure that our nation’s first responders come home alive, the firm reports. Its Acadis® Readiness Suite is a robust training management system that automates complex, high-liability training and compliance operations. In addition, FirstForward® is an online training network for public safety. The free account provides access to more than 700 courses and enables you to

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Van Jones Delivers Opening Session Discusses Injustices of Criminal Justice track training and certifications in one secure online record. info@envisagenow.com, 812.330.7101, www.envisagenow.com

Turnkey Solutions for Compliance & Treatment Adventfs delivers turnkey solutions for increased efficiency and profitability to criminal justice agencies across the United States. For corrections professionals, adventfs provides a sophisticated, affordable suite of compliance and document management solutions and detainee fee recovery services, it reports. The adventfs eLearning platform provides online delivery

and management of evidencebased defendant treatment programs for prosecutors, courts, and probation professionals. 1.866.494.8556, info@adventfs.com, www.adventfs.com

Continuum of Care Tool Vant4gePoint is a revolutionary SaaS platform that connects referring agencies, providers, and clients throughout the correctional continuum of care, they say. Our unique microservices architecture, high level of configurability, and repository of integration APIs gives organizations the tools to collect, manage, and exchange critical information such as interventions, referrals and treatment progress—on one single platform—creating a virtual care group to support client success. 1.877.277.3778, info@vant4ge.com, www.vant4ge.com

Incarceration, Inc., a podcast hosted by Van Jones, a former Obama administration member and a CNN contributor, discusses exploitation within America’s justice system and why America has the highest incarceration rate. He notes that when the Anti-Drug Abuse Act was passed in 1986, it placed harsher penalties for the possession of crack cocaine on lower income individuals and people of color. As of today, African Americans are four times more likely to be arrested for drug offenses than white people and mass incarceration has become one of the biggest racial injustices in our country, he says. Nearly two-thirds of inmates convicted of a crime are low-income individuals who cannot afford bail and are forced to stay behind bars until they go to trial. Low-income individuals are also more likely to face longer prison sentences. Once released from prison, the podcast notes, parole officers make it difficult for ex-offenders to re-enter society. A few of the podcast guests are on parole and note that their parole officers act “arbitrarily,� “extrapunitively,� and are “paranoid,� believing they have learned new crimes while they were in prison. What is even worse is that there are 45,000 barriers or collateral consequences of convictions for parolees to be returned to prison. These barriers vary year to year due to legislation, but most are not even crimes. Among them are: the ineligibility for financial aid for school, showing up late to work, leaving the state, finding a job in a different county, or even getting married. Upon release, ex-convicts have few chances of getting a job above the minimum wage. The real solution to helping them get back on their feet, they say, is for parole officers to record accomplishments and set them up for success rather than failure. Another major issue with incarceration is that it costs inmates to stay behind bars. They may have to pay for everyday necessities, such as toiletries, food, medical visits, and “pay-to-stay� fees. Inmates’ families also have to pay for phone calls and video visits— which can cost them thousands of dollars. If they cannot pay for these fees, they may have their driver’s license suspended and/or be re-incarcerated after release. The podcast furthers that private companies are making $270 billion annally, because 37 states allow prisons to contract out their inmates to work in factories for private companies, such as Starbucks, Victoria’s Secret and JC Penny. America’s prison systems are allowing opportunities for businesses while it remains tough for those released to re-enter society. )'+.,)/ '+*"% ,&)+&-+)'.*,#/ ,& #/ )/ !*"+ )+'/ *%&)('#/ .(/ ) ). ) -/ *,/ . ",-(#/ '.'&$-+# . -)+' /),%/ -/ *%&)('( / August/September 2019x

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BY DONNA ROG ERS , E D IT O R

These tools not only help supervisors monitor but hold those they supervise accountable. IT’S OFTEN SAID IT’S DIFFICULT to monitor and rehabilitate probationers. Sometimes there’s a lack of communication, or a lack of accountability, or other issues, that lead them to commit violations and/or continue with bad life choices. Rather than merely focusing on compliance and compliance monitoring, “the real issue is the lack of client engagement,� believes James Newman, senior vice president, cFive Solutions. “While compliance is important, little has been done to help clients engage and change their behavior.� He furthers, “Until we are able to help clients change behavior, we are not going to truly rehabilitate or reduce recidivism.� “The biggest issue, and this goes beyond just community supervision, is that we treat justice and punishment as the same thing,� says Sam Hotchkiss, CEO, ConnectComply (formerly Call2Test). “We need to undergo a shift from retributive justice to restorative justice, and, to get there, we need the right tools, and we need data in order to make good, evidence-driven decisions on supervision and treatment.� In fact, “with effective supervision, there is a real and demonstrated opportunity to reduce

recidivism in misdemeanant populations,� points out Greg Utterback, chief development officer, Securus Monitoring Solutions. “From that perspective, the biggest challenge facing law enforcement and community corrections agencies in their efforts to supervise these offender populations is the ability to be effective

� We then asked these experts who represent the latest technologies in the market how they believe supervision issues are being addressed and remedied. “I think today there is a basic understanding that addressing behavior change is a critical component of supervision,� says Newman of cFive. “The industry is slowly moving towards incorporating behavior modification education and skills training among all of their other supervision needs and requirements. Unfortunately, there is a lack of commitment today, but there are new technologies that are coming forward that can help and fill the gap to provide clients effective, user-friendly tools that can support behavior change.� “Technology is evolving to support evidence-based community supervision: combining data with human insight to improve out-

comes, but we’re still in the very early days,� notes Hotchkiss of ConnectComply. “Our new technology allows for easier communication and monitoring without the burden and stigmatization that legacy technologies carry.� Its new monitoring solution, for example, is a fraction of the size of traditional units, is waterproof and has a one year battery, allowing easier reintegration into the community. “We [at Securus] eschew the belief that technology is the panacea for an organization, any organization, to simply asserts Utterback. “Instead, we believe that technology—in this case, electronic monitoring platforms—allow law enforcement and community corrections agencies to have a greater effect on a larger portion of the offender population they supervise. “It is our contention that electronic monitoring programs, long touted to be a catchall means to counter the ballooning costs of incarceration, are much more than a quick-fix economic stop gap,� he furthers. “On the contrary, we believe that best way to stop a someone from becoming a repeat offender (or, in purely fiscal terms, a long-term cost center) is to keep them on the track to becoming a productive citizen. Therefore, it is

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when proper supervision positively affects an individual—removing them from the cycle of recidivism— that real, meaningful reductions in cost are created,” Utterback says . Our goal is to assist supervising agencies do just that.”

Compliance Platform The ConnectComply™ platform connects your court to your participants, saving time while reducing incarceration, recidivism, and costs. Key features include: automatic curfew checks, secure messaging, drug test randomization, and automated court reminders. Used today

communications and intervention, and promotes client selfmanagement. Catalyst’s unique functionality raises the baseline of a court’s ability to monitor, manage and assist clients. Clients are empowered to make positive behavior and lifestyle changes, comply with supervision terms and reduce FTAs. Catalyst empowers courts, agencies, case managers and clients. It’s a new vision for supervision. Pilot programs are available. cFive Solutions, Inc. 949.260.3002 www.cfive.com

Tamperproof Watch Monitor in 30 states, the ConnectComply™ platform is making a difference, promoting greater accountability among court participants and reducing unnecessary incarceration. And, coming later this year, the ComplyBand™ ankle monitor will be available for $1/day. Sam Hotchkiss, CEO ConnectComply, Inc. 800-614-6758 Ext. 101 Sam.Hotchkiss@connectcomply.com www.ConnectComply.com

Behavioral Modification Tool Catalyst from cFive Solutions is a behavioral modification and rehabilitation platform that helps case managers maintain effective client relationships, enables timely

The patent-pending TM ShadoWatch from ShadowTrack Technologies, Inc. provides continuous location monitoring of enrollees. It uses an attractive tamperproof wristwatch with color display. The ShadoWatch is managed through the “ShadowTrackOneTM Total Corrections Platform, a truly integrated solution for managing all aspects of offenders and defendants in the community, the com-

pany states. The ShadoWatch can be used as a stand-alone solution or it can be paired with Shadowtrack's other services. All services are managed from one easy-to-use, unified platform, the firm notes. Robert Magaletta, President/CEO Robert@shadowtrack.com 985.867.3771 www.shadowtrack.com

Remote Alcohol Testing Device SoberTrack™ from Securus Monitoring Solutions allows supervising agencies to conduct scheduled and on-demand alcohol testing from anywhere, at any time. And, b e c a u s e SoberTrack has built-in cellular communication technology, test results are delivered in near realtime at the conclusion of each test. Test results include the time and GPS location of where the test occurred, a highresolution photograph and video of the enrollee taking the test, and an accurate breath-alcohol concentration (BrAC) measurement used by law enforcement agencies across the U.S. Chris McDowell, Director of Marketing 480.215.3482 cmcdowell@securustechnologies.com www.securustechnologies.com August/September 2019x

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BY MI C H A E L G R O H S , CO N T R I B U T I N G E D IT O R

The Crystal Bail Ball Using predictive technology is becoming more prevalent— for good reason—but we must examine limits on its prognoses.

A

mendment VIII of the U.S. Constitution states, “Excessive bail shall not be required.” The concept is simple and crucial to supporting the American ideal. People accused of a crime are presumed innocent until proven guilty. A financial stake also incentivizes the accused to return to court for further appointments and appearances. The concerns run both ways. Public safety is essential and needs to be the top priority. The accused may not show up for trial (or worse, reoffend). An innocent person may languish in jail for long periods without due process. Kharon Davis of Dothan, Alabama,

spent more than 10 years in a county jail for capital murder before going to trial despite having had nine trial dates since 2008. He was eventually convicted of the crime. While pre-trial release supports the American ideal, like other tenets of the Constitution, there is room for interpretation; in this case, the word . There is a significant socioeconomic divide when it comes to bail. Being in jail generates huge costs for the accused and the taxpayer. If someone has the money to post, he or she has options. That person will not have to lose their job, will still be able to pay the rent and bills,

and function pretty much as normal through the justice process. If not, the accused might stay incarcerated and lose his or her job. He or she may have to plea to a crime they did not commit just to get back to work and then deal with the fallout later. J.J. Prescott, a criminal justice and economics professor at the University of Michigan, notes that research has found that people who are not incarcerated during the pretrial stage have greater success in defending themselves. They are better able to orchestrate a defense, speak freely with counsel, maintain their lifestyle, and enjoy a support

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system. He compares it to taking someone’s driver’s license. If they can’t drive, they can’t work to pay their bills, and with the exception of some habitual drunk drivers, the court can often let the offender drive under supervision without significant risk to the public. According to a 2018 report by the Hamilton Project, two thirds of the jail population and 25% of the entire incarcerated population are pre-trial detainees. On any given day, that accounts for 460,000 people. Depending on the offense, the amount of time spent in detention ranges between 50 and 200 days. The median bail that urban courts set for felony defendants in the United States is about $11,700.

Risk Assessment Survey Phillip Knox, principal consultant of KSA Consulting, LLC and Peter Keifer, civil court administrator at Maricopa Superior Court, Arizona, conducted a study in which they asked a global sample of court professionals to assess the probability that predictive technology would move courts to become more proactive than reactive and driven more by risk and less by resources. They noted the trend of automated risk assessment algorithms becoming more common. The purpose of such algorithms is to provide judges with a tool that will help them predict who will and who will not return for future proceedings, who may reoffend while awaiting their court date, who will adhere to their pretrial conditions, who will manage to turn their lives around, and who will struggle upon release. Prior to having such algorithms,

the authors wrote, the decision was based primarily on a judge’s instinct which was based on data gleaned from a rap sheet, an arrest report, and in some cases a questionnaire as well as additional questions the judge might ask. In the mad and crowded pre-trial scramble, they furthered, research has shown that high-risk defendants are often released while low-risk defendants remain incarcerated.

Bail Bias The term that arises often in regard to pretrial release is Bias is a primary reason bail reform is under the microscope in the first place. Risk assessments began in the 1900s, and the primary indicator of reoffending or skipping court was race and ethnicity. The authors stated that the reliance on big data does hold the possibility for systemic bias. Law enforcement agencies are always looking to maximize effectiveness. By relying on hundreds of thousands of data records, agencies use databased predictive policing to see where a police presence can have the most impact. Naturally, one of the best predictors of future criminal events is a history of past criminal events. As a result, more patrols naturally go where past crime has been historically high. Some worry that algorithms may be the slow leak that ruptures the dam of artificial intelligence. After all, they are systems that essentially learn. Various inputs are given weight, then the algorithm produces a risk score based on calculating the combinations of the data. The most sophisticated algorithms modify the weights based on a stream of new data gathered from

more inputs. For example, if inputs start establishing a link between pretrial cocaine use and failure to appear at court appointments, the algorithm “learns” to increase the input weight for pretrial cocaine use. Defendants down the road who then admit to drug use during a pretrial interview receive a higher risk assessment score, and as a result, a lower chance of being released based on other people’s behavior. The authors further, though, that algorithms are unable to incorporate entirely new inputs without human help, and they point out that algorithms are not intended to replace the judge’s discretion; however, since a typical bail hearing only lasts a minute or two, and given the confidence data-driven assessments inspire, the fear is that a user might trust the algorithm more than might be warranted. Additionally many risk assessment algorithms are proprietary and therefore have an interest in not sharing certain aspects of the collection process. This leaves court administrators with a heavy burden when it comes to evaluating the efficacy of such algorithms and making recommendations to the court, and the responsibility requires great reflection. Should they use algorithms at all? If so, should they only be open source? Do they press for algorithms to be modified, and by whom? How would they know if the modification was an improvement? Prescott explains that there are three primary drivers for states seeking to reform bail. The first is that courts are recognizing the significant disparities that exist, such as racial and economic, that affect outcomes. (A 2013 report by the August/September 2019x

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Laura and John Arnold Foundation found that about 12 million people are booked into jails each year, mostly for drug, property, or public disorder offenses; another 2011 article by the Pretrial Justice Institute found that more than 60% of those arrested are racial or ethnic minorities.) The second is that court systems now have more faith that risk assessment policies support the belief that there are more tools available to use and determine risk. The third is that technology such as smart phones, GPS, and tablets has introduced numerous tools to ensure defendants return for subsequent appointments. James Newman, senior vice president at cFive Solutions, a California-based organization that “provides software that connects innovative community supervision agencies with the information they need to reduce recidivism, improve lives, and keep communities safe,” says the issue is that caseloads are growing, and most systems are not getting the offices they need (probation/pretrial). When implementing reform, Newman notes courts will face issues they might not be expecting. The key, he says, is not so much just what the assessment is, but rather what to do with the information. Assessing a defendant is obviously a component, but the bigger problem will be where to put them. Everyone has a different reason to reform. In California, it’s space. Assembly Bill 109 in California classified a significant group of convicted inmates as "non-serious, non-violent and non-sex-related." Those convicted will be sentenced to county jail and/or non-custodial mandatory supervision. Previously they could have been sentenced to

state prison. There was also Law 1170, which created a new felony sentencing law aimed at reducing the inmate population in the state’s already overcrowded prisons. The law allows judges to suspend or split a prison sentence for defendants convicted of certain felonies. PC 1170 also allows some prison sentences, if not suspended or split, to be served in a county jail as opposed to a state prison. Both add to the long term population of jails. Says Newman, there is nowhere to put pre-trial people. Inmates are being sentenced to five years in a jail built for a short-term stay. To address this, says Newman, available on the market will be “a

and it provides directions for driving, walking, and taking public transportation. Many people are disorganized, so an hour after the appointment they are required to acknowledge that they had been there. It also gives them the ability to answer questionnaires. Some systems have kiosks and other options for this, but in many cases it is a one size fits all questionnaire, and a sex offender will be a far different risk than a drug offender. Many questions are yes/no, but cFive has six different types including yes/no, multiple choice, validation, etc. The biometric aspect comes in because the court will need to know it is the

Court administrators are saddled with a heavy burden when it comes to evaluating the efficacy of risk assessment algorithms and making recommendations to the court, and the responsibility requires great reflection. litany of products.” For instance, cFive Catalyst is a rehabilitation platform and sophisticated reminder system. He points out that when people don’t show up to court, it’s very expensive. “Anything to reduce that is key.” The excuses offered are often simple and frequently explained by defendants saying they forgot or did not know where the appointment was. Many pre-trial appointments are “blown off” because a defendant did not realize how important it was to go. Some courts use smart phones, mobile apps, call-in programs, and other technologies. Catalyst does as well, and it offers biometric and voice recognition for the defendant to respond if they will be there. It provides push notifications reminding defendants of all appointments (not just hearings),

offender answering the questions, and, says Newman, most caseloads include more than 200 people. The bio-identity can also ensure the office that the offender heard the message. “These are the technologies agencies don’t know they are going to need.” Regardless what path states take to reform their pre-trial processes, there are generally two policy changes involved: the elimination or reduction of cash bail in misdemeanor or low-level felony cases, and the replacement of cash bail with a risk-assessment tool to assist a judge in deciding to release or detain a suspect. Newman furthers the problem lies in changing people’s behavior. “The acts are symptoms. They must change their behavior. At least they’re recognizing they have to change.” CT

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