June /July 2015 by Criminal Justice Media Inc.

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June/July 2015

Trends in Video Technology

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Assistant Publisher Jennifer Kapinos Editor Donna Rogers Contributing Editors Michael Grohs, Bill Schiffner G.F. Guercio, Kelly Mason Art Director Jamie Stroud Marketing Representatives Bonnie Dodson (828) 479-7472 Art Sylvie (480) 816-3448

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F EATU R E S

10 The Evolution of Auto Alert Systems 14 Mobile Court Apps 19 CTC 2015 Show Preview 26 NADCP & NACM Educational & Technology Conferences

35 Trends in Video Technology 38 Technology Application: A Smart Phone P&P Supervisory Tool

DE PARTM E NTS

4 Courts in the Media 42 Ad Index

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CO U RT S I N T H E M E D IA POOR, ACCUSED AND PUNISHED BY THE BAIL SYSTEM Defense lawyers, scholars and even some judges say the high bail amounts set for some Baltimore protesters in the unrest in the days following the death of Freddie Gray in police custody highlight a much broader problem with the nation’s money-based bail system. They say that the system routinely punishes poor defendants before they get their day in court, often keeping them incarcerated for longer than if they had been convicted right away, reported a June 11 article in The New York Times. A case in point is Dominick Torrence, who has a long rap sheet for dealing drugs but no history of violence. When he was charged with disorderly conduct and rioting on April 28 he was shocked to learn the amounts he would need to make bail: $250,000, the same amount as two of the officers facing charges over Mr. Gray’s death. Although a bail bondsman would charge only a fraction of that, normally 10 percent, for many defendants $25,000 is as an impossible a sum as $250,000. “That’s something you get for murder or attempted murder,” Mr. Torrence, 29, said from Baltimore Central Booking. He spent a month in jail on charges that would later be dropped.

“It sets up a system where first there’s the punishment and then there’s the opportunity to go to court for trial,” said Paul DeWolfe, the Maryland state public defender. MONEY BAIL COMING UNDER SCRUTINY Though money bail is firmly entrenched in the vast majority of jurisdictions, the practice is coming under new scrutiny in the face of recent research that questions its effectiveness, rising concerns about racial and income disparities in local courts, and a bipartisan effort to reduce the reliance on incarceration nationwide. Colorado and New Jersey recently voted to revamp their bail systems, while in New Mexico last November, the State Supreme Court struck down a high bail it said had been set for the sole purpose of detaining the defendant, the article continued. This year, the Dept. of Justice weighed in on a civil rights lawsuit challenging bail amounts based solely on the charge, calling them unconstitutional. In several states, including Connecticut, New York and Arizona, chief justices or politicians are calling for overhauls of the bail system. The money bail system is supposed to curb the risk of flight by requiring defendants to post bond in exchange for freedom before trial. But critics say the system allows defendants with money to go free even if they are dangerous, while keeping low-risk poor people in jail unnecessarily and at great cost to taxpayers. The Times article goes on the state: For those who cannot afford to post bail, even a short stay in jail can quickly unravel lives and families. Criminal defendants are overwhelmingly poor, many living paycheck to paycheck, and detention can cause job losses and evictions. Parents can lose custody of their children and may have a difficult time regaining it, even when cases are ultimately dropped. And people in jail who are not guilty routinely accept plea deals simply to gain their freedom, leaving them with permanent records, making it more difficult to find employment. The United States leads the world in the number of pretrial detainees, according to a report by the National Institute of Corrections, an agency of the Dept. of Justice. An estimated half a million people are in the country’s jails on any given day because they cannot make bail. The United States Supreme Court has ruled that although the American presumption of innocence has inherent risks, “Liberty is the norm and detention prior to trial or without trial is the carefully limited exception.” In practice, though, Baltimore public defenders say judges here assume the defendant is guilty when setting bail, a particular problem in areas where the police focus Continues on page 42

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B Y G . F. G U E R CI O , CO N T R I B U T I N G E D IT O R

Auto Alert Systems: Breaking the Barriers

Notification systems offer breakthroughs to help criminal justice better able to communicate.

companies have made

TWO headway on the automated

notification alert system front. The company Appriss began to chip away at the information barrier when its two founders worked with Jefferson County, Kentucky, government officials to develop the nation's first automated victim information and notification system after the 1993 murder of Mary Byron by her former boyfriend and attacker. They unveiled VINE® (Victim Information and Notification Everyday) in Jefferson County exactly one year after Mary's murder. Today Appriss adds modules to VINE to allow other justice system personnel to access location of individuals or remind personnel involved of upcoming court appearances. Similarly, eCourtDate.com, the breakthrough idea of Florida Bail Bondsman Kahlil Welsh in 2009, has aided courts by curtailing the FTA (Failure to Appear) rate of those using its system. Currently entrenched in the market and hing-

ing on its successful use by bail bondsman, eCourtDate.com is introducing its reminder system to court administrators and probation officials. Currently, court reminder systems in the U.S. are limited to mail or phone call as noted by National Center for State Courts (NCSC) Court Technology Bulletin blogger James E. McMillan posted June of last year. Tech-savvy kudos goes to the nations of Qatar and Australia as cited in Margaret Hagan’s Law Design Tech blog (www.openlawlab.com) posted last April as Qatar began a Court Hearing SMS reminder service and Australia was noted with a similar pilot program begun in 2012.

Mobile Alerts The auto alert capabilities embraced by Appriss and eCourtDate.com utilize the information and technology intrinsic to our computerized community to

provide automated notification of appearances and releases through an iconic device, more widely known as a cell phone. “Most people have a smart phone today or access to a phone that can provide texting and alerts,” says Karen Keck, VP, Marketing + Communications, Appriss. VINEmobile has smart phone apps for Apple and Android. “Victims are notified of changes in status so they can make safety plans and the criminal justice industry is alerted to become more efficient with day-today operations,” she says. “As more and more people depend on their personal phones for calls, texting, alerts and emails, we have to connect with people via the method that works best for them. “We offer a diverse suite of stateof-the-art technology solutions that support our mission of keeping communities safe and informed,” Keck furthers. “The biggest challenges in the public safety industry are connecting the data points from

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various sources and providing all of that information to one source—the various solutions we provide. Our systems, services and apps are doing that across the country in highly secured environments.” “Our products derive from four fundamental data areas, offender status information is one of them and has several applications. We are directly connected to thousands of law enforcement agencies and courts across the U.S. ensuring the information we provide through our systems, services and apps is realtime and accurate.” The VINE Add-on Modules are noted to provide law enforcement, advocates and other agencies with materials to help educate victims about the services provided and how to take advantage of the information and notifications offered. Live oper-

ators around-the-clock answer questions and assist victims in the registration process, and a dedicated training staff informs law enforcement and agency staff how to effectively use the VINE system and its features. Recognizing that sometimes a suspect can be booked into a system and released a short time later, the system automates this notification process and can alert numerous individuals simultaneously. Also since court processes and procedures can be confusing, automated notifications keep victims informed about upcoming hearing locations, times, court information and more. Appriss reports that this victim service solution is also a powerful tool that can remind court staff, personnel and law enforcement officers of upcoming court appearances.

The VINE System provides victims and agency staff with continuous access to vital information regarding offenders and their custody status. This service is available day or night, to provide assurance to

victims that a particular offender remains in custody. Days, months and years can pass between an offender's incarceration and release. VINE informs victims immediately when an offender is released back into the public. Supervising officers can also be informed if a parolee is booked into a jail or prison system.

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Additionally, Court systems and their advocates are often overwhelmed by thousands of cases every year. The VINE COURT service enables the expedited location of people. Appriss points to reports from agencies and court administrators who have saved tens of thousands of dollars and hundreds of hours, per person, per year after their data and information were connected.

Quick Text of Court Dates It’s all about the connection, according to eCourtDate.com founder Kahlil Welsh who connected the dots to see how to connect defendants to their court dates for a lower FTA rate. “As a bail bondsman in Orlando, Florida, for 20 years, I began realizing the issue of missing a court date 90 percent of the time was due to not receiving the notice; they moved, their family got it, or someone thought it was junk mail. At the same time I was realizing this, I was working on a difficult file and I found out they just didn’t receive the notice. Then I

received an irrelevant text on my phone and I thought, ‘If this client got it on text, he would have not gotten arrested, missed work and lost his job,” he relates. “I contacted developers, found a domain name and reduced failure to appear by 75 percent.” He says they’ve had good feedback. “When the court sends out a document it considers it mailed and received–even if it isn’t. We send notices in three different forms: text, email and cell [call]. It has proven to be very efficient. We are currently

The Appriss VINE system allows victims and to assess location of individuals or remind involved criminal justice personnel of upcoming court appearances.

looking to get into smaller courthouses to prove its effectiveness.” Welsh explains the system: “Headquartered in Orlando, Florida, eCourtDate.com operates a Court Date Notification Service that makes notifying criminal defendant clients accurate and efficient. Currently, Bail Bond Agencies use the eCourtDate platform to easily send court date reminders to their customers through voice mail, email, and text message.” He adds, “Court Clerks are our next potential user base as we feel that the benefits to larger organizations would be exponentially greater. Courthouses can drastically reduce their failure to appear rates.” Welsh reviews the challenges to keeping a court date. “Address changes: when a defendant changes their address and fails to notify the bonding company and/or the courts, often times the mail is returned undeliverable causing a breakdown in communication which results in a missed court appearance and a warrant being issued by the judge.” He continues. “Lost notices: if the notice is successfully delivered and received by the correct recipi-

ent, it is often put to the side to be reviewed at a later date. Lost in the mix of our busy lives the paper notice becomes a part of our desktop landscape; a white envelope that we plan on getting to someday— oftentimes the day or week after the mandatory court appearance.” And last but not least, he says, “Forgetful minds: with our busy lifestyles and hectic schedules, it just makes sense that a friendly reminder on your cell phone, or an email in your inbox can reduce the stress and anxiety caused by mandatory appearances at court cases.” “The fact that people always have their phones with them, seldom ever change their email address and listen to their voice mail, is a key reason for businesses and the courts to capitalize on the mobile medium,” he contends. “ECourtDate.com sends the notices via a text message, voice mail and email when a court date has been scheduled. The system is cloud based and works on any computer with an Internet connection. There is no hardware to buy and no software to install,” he says, adding, “Electronic notification is extremely effective. People do not mind automated reminder text messages, emails or voicemail, as they are less intrusive. Voicemail, text messages and email is very standard across the spectrum, so clients adapt quickly. Other applications of the service include, but are not limited to, Probation, Jury and appointment reminders.” Whether connecting the information of defendants and court dates for a lower FTA rate, or connecting offender data for victims, courts and related agencies, automated notification systems seize the power of communication via cell phones, and break the justice system’s incommunicable barrier. For more information: Appriss, 1.866.APPRISS, appriss.com Ecourtdate.com, 1.877.889.4147, www.ecourtdate.com, info@ecourtdate.com

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B Y M I C H A EL G R O H S , CO N T R I B U T I N G E D ITOR

THERE’S AN APP FOR THAT

APPS FOR MOBILE ACCESS, EFILING, ANNOTATION, CASE REVIEW AND MORE.

as if there is an application—an app—for everything, and this technological development has not been lost on the court system. The Center for Legal and Court Technology (CLCT) is a joint project of William & Mary Law School and the National Center for State Courts whose primary mission

IT SEEMS

is "to improve the world's legal systems through the appropriate use of technology." Among the ways in which they accomplish this is to conduct experimental trials called “laboratory trials.” In one of the more recent ones, participants relied largely on tablets and phones (participants brought their own) to present evidence and testimony.

Fred Lederer, director of CLCT, notes that the U.S. District Court in Philadelphia presents evidence using tablets and video streaming. They report that the use has been successful, and Lederer points out that while this tactic may not be mainstream yet, there is worldwide interest. The days of hauling boxes of files are over. Now all the infor-

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lawyers, and the Court is taking notice and adopting the trend those lawyers are setting.

Apps and Functions Journal Technologies has developed such software as ECourt and JustWare, which were also created with justice in mind, and they have since released JustWare Mobile to every JustWare customer free of charge. In conjunction, the two offer mobile access to cases from any mobile device with a modern web browser. JustWare allows a user to view active cases, create and edit notes and tasks, and see charges and involvements. With the app, a user can see and access contact information, place calls, and start emails. The data is instantly saved to the user’s JustWare database and made available to the user’s traditional JustWare client as well as oth-

Tyler Techology’s Odyssey Portal and File & Serve (e-filing) have both been transitioned to HTML5. This means that users accessing information from courts using Odyssey will be able to do so seamlessly and automatically from any device—tablet, iPhone, Android, etc.

mation needed can fit in a user’s pocket. There are myriad apps for lawyers to use, and some such as DocketLaw, which calculates deadlines and event dates based on the Federal Rules of Civil Procedure, are free. Court Days is used for calculating deadlines for briefs and calculating the number of calendar days, court days, (or both) before or after a specified date and costs about a dollar. Other prices range, but scores of apps can and are being used in the legal arena. One of

CLCT’s upcoming projects is to conduct a survey about which apps that are not being used in court could be. Then there are those that have been specifically designed for court use. TrialPad fits this category. Tara Cheever, products manager at Lit Software, notes that some judges have requested iPads loaded with documents and use TrialPad to organize them, track admission status, etc. “For the most part, however, it is lawyers that are bringing iPads and iPad apps to court rather than the Court bringing it to the

Court personnel can use their smart phone to activate video capture with this VIQ Solutions app.

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Jurors during exercises called laboratory trials at the Center for Legal and Court Technology try out tablets for possible use.

ers in the organization. Riley Miles, director of development at Journal Technologies, explains that eCourt is a browserbased configurable case management solution for courts of all jurisdictions. ECourt’s graphical user interface is natively touch screen enabled. Users can access cases from anywhere on their browserenabled device: desktops, laptops, smart phones and tablets. Because eCourt is browser-based, it’s very fast and designed for high speed performance. Information may be updated in eCourt from the bench, for example, using configurable judges’ tools. Calendars and views of each day’s docket—configured by person, by judge, by courtroom, by time—are all available with eCourt. Cheever explains that Lit Software has developed apps for trial presentation (TrialPad) and transcript/deposition annotation and digestion (TranscriptPad). “We are also releasing an additional app for document

review called DocReviewPad, which will be used to organize and categorize documents and evidence before a case goes to trial. TrialPad and TranscriptPad have become the standard for courtroom presentation with an iPad. We hope DocReviewPad will do the same for case preparation and document review.” Tyler Technology’s Odyssey® Portal and File & Serve (e-filing) have both been transitioned to HTML5. This means that users accessing information from courts using Odyssey will be able to do so seamlessly and automatically from any device—tablet, iPhone, Android, etc.—without the court having to make any adjustments. Odyssey also has the ability to do sophisticated assignment of rights and roles to access information. This means two things: 1. Security, even when accessing information from outside the courthouse or VPN, is such that only the information that an individual

has authority to view can be accessed. 2. Courts have a great deal of flexibility in determining and controlling what information can be viewed by whom.

Requests for Apps Amy Puckett, senior product director at Tyler Technology’s Courts & Justice Division, says, “We’re predominantly seeing apps that handle and store information—those that provide access to schedules, documents, and specific pieces of data.” She furthers, “The big focus and where we get the most requests is with expanding access—to data, to documents, to digital recordings and their accounts with the courts. Citizens appreciate transparency and want convenient access to as much information as possible. Many of today’s citizens are tech savvy and accustomed to performing a variety Continues on page 32

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BY BI LL S C HI F F NE R , C ONTR I BUTIN G EDITO R

New Court Technology Solutions On the Docket at CTC 2015

PHOTOS COURTESY OF NCSC

THE BIENNIAL CONFERENCE TAKES PLACE IN SEPTEMBER IN MINNEAPOLIS

very other year, the National

Center for State Courts (NCSC) sponsors a Court Technology Conference (CTC), which is designed to improve court efficiencies and effectiveness by educating court professionals about the latest breakthroughs and best practices in court technology. This year the conference will be held at the Minneapolis

Convention Center, Minneapolis, Minn., September 22-24, and expects to draw more than 1,200 national and international participants. CTC 2015 provides judges, court administrators, court managers, technologists and other court personnel with three days of professional development, education sessions, and networking. It will also showcase one of the largest court technology exhibits in the world.

“We’re anticipating the biggest CTC since before the ‘Great Recession.’ Registrations are coming in at the strongest pace since 2007,” comments Jesse Rutledge, vice president, External Affairs at NCSC. “Our education themes hold something for everyone in the court community, and the exhibit show is going to once again be a major highlight, showcasing developments in the areas of case management, June/July 2015x

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capturing the record, and remote audio and video interpretation capabilities,” he concludes. Here are some of the technologies being exhibited.

ALMOST LIVE AV ACCESS

With Court.fm, users have nearlive access to audio and video recordings of sessions in court. They

using existing equipment and participants may appear from their offices, homes or other convenient locations. CourtCall is said to be well suited for status conferences, motions, case management conferences, trial setting conferences, mediations, arbitrations and expert or witness testimony. www.courtcall.com, 1.888.882.6878

CASE MANAGEMENT SYSTEM

Tyler’s Odyssey solution is the leading case management system in the U.S., empowering courts serving more than 100 million citizens in more than 600 counties across 21 states, notes the company. Built can quickly and easily listen/watch, mark important events, write notes and save recorded matters for later. Court.fm delivers audio and video recordings of court proceeding just minutes behind the spoken word. The record is securely streamed directly to their device for fast playback on desktop and mobile devices. www.fortherecord.com, 1.877.650.0958

VIDEO SERVICES

CourtCall’s Remote Appearance Platform has been said to have saved the legal community hundreds of millions of dollars by providing judges, court staff, attorneys and other participants with efficient,

upon Odyssey case management functionality to support appellate courts, the new appellate case module offers robust features to generate efficiencies and improve workflow processes for case management, panel assignment, opinion management and lower court case functions. www.tylertechnologies.com, 1.800.431.5776

DECISION SUPPORT SYSTEM

Not a case management system and not a document management system but a decision support system for judges, Mentis reinvents the courtroom. A judge and recent aiSMARTBENCH user, said of his

paying attention to that overarching requirement of justice—and that’s the main thing—it’s good for everybody.” Their mission was to create a solution for judicial users that exceeds the efficiencies of conventional paper files. www.aiSmartBench.com, 303.756.4564

WEB-BASED CASE MANAGEMENT

ECourt is a web-based case management system that accommodates all case types for courts of all jurisdictions. ECourt is database agnostic, automates repetitive tasks, brings judges tools to the bench, and fully supports real-time in-court processing. Court professionals need only a web browser to access full eCourt functionality—meaning,

it is available to judges and clerks via smart phone or mobile device. No apps are necessary. Because eCourt is highly configurable, it will evolve with processes within a Court as they change over time. Company configuration specialists teach customers to modify and update processes during implementation, through ongoing training, and technical support via a team of highly trained customer support specialists. www.journaltechnologies.com, 1.877.587.8927, option 3

SELF-REPRESENTED LITIGANT SOLUTIONS

organized, reliable and innovative audio and video services to allow for a worry-free remote appearance experience. Requiring no special equipment, courts may connect

experience using the system, “Anything that helps us do our job quicker, better, faster, while still

TurboCourt offers sophisticated guided-interview technology, proven to solve court challenges regarding self-represented litigants. Online interviews precisely tailored to court workflows and rules, with onscreen filer help at every step, and innovative decision-making checkpoints, produce virtually 100%

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model and deliver random juror selection and selected pool size, easily update summons information and communicate with citizens through the Internet. The solution uses industry standard algorithms to ensure equal probability of all possible combinations to ensure jury selection is indiscriminate. www.xerox.com/justice, 1.877.414.2676

error-free court forms ready for print, e-delivery or e-file. TurboCourt’s award-winning platform seamlessly integrates with any court management system, including Tyler Odyssey. TurboCourt’s private-cloud SaaS solution is economical, simple to deploy & easy to administer. www.turbocourt.com, 1.877.260.1792

NAVIGATION SYSTEM

CourtSight’s DocketCall solution integrates with case management systems to automate the daily docket for the courthouse. By using DocketCall, patrons can effortlessly find their name and where they are to appear in less than 60 seconds. By automating this process, patrons are informed in real-time, easing the flow of traffic throughout the facility. www.infax.com, 770.209.9925

CLOUD SOLUTIONS

Adobe introduced earlier this year Adobe cloud solutions for government, enabling public sector organizations to revolutionize citizen experiences through the creation and delivery of dynamic content and websites. Supporting the launch of its cloud solutions for government, Adobe is also offering tools and resources to help customers better understand the benefits of adopting new cloud solutions. http://adobe.com/go/govassembly, 1.800.872.3023

JURY SELECTION SOFTWARE

Xerox’s AgileJury solution (version 4.0) allows courts to automate and streamline the entire jury management process, including the use of mobile platforms. Courts can

JURY MANAGEMENT SOLUTIONS

Courthouse Technologies offers 50 years of combined experience developing solutions for the jury management process. This experi-

ence has taught them that superior jury management systems are not crafted just by computer programmers, but by dedicated technology professionals who are specialists in the jury management field. Their team of developers has built more jury management systems than any other vendor anywhere. www.courthouse-technologies.com, 1.877.685.2199

ONLINE COURT SYSTEMS

Jury Systems Incorporated was founded by jury professionals who have been in the business since the beginning of jury automation in the 1980s. Many of the team members are former jury managers who prioritize helping each client improve efficiency and streamline court procedures. Their newest product, JURY+ Web Generation, is a browsJune/July 2015 22

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software system that runs in an onpremise or Oracle Cloud environment and can easily exchange data with other judicial agencies. FullCourt Enterprise provides a powerful back-end infrastructure, an

WIRELESS LISTENING TECHNOLOGY

er-based JMS developed and supported by this team. www.jurysystems.com, 805.285.5800

CASEFLOW MANAGEMENT

With its dynamic caseflow management (DCM) engine, flexible screen builder, and role-driven dashboards and navigation, JWorks is the most configurable COTS case management system around, says the firm. What you see—and how you interact with information—is completely configurable in JWorks and can be easily tailored to roles, teams, and individuals. Built-in workflow

automatically assigns and routes outstanding to-dos and deadlines and lets you notify, escalate, re-route, and re-assign work as needed. This unique capability goes beyond caseflow to include the flow of person information and specific activities like calendaring, warrants, investigation, financials, docketing, motion tracking, and documents to name a few. www.courtview.com/ct, 1.800.406.4333

INTEGRATED CASE MANAGEMENT

FullCourt Enterprise from Justice Systems, Inc. is a complete, fully integrated court case management

flow. With support for both the software license model and the attorney pays model, courts are offered even more value through new features like their document generation and CASEaDia PDF binders for judges. www.tybera.com, 801.226.2746

innovative browser-based user interface, and a comprehensive collection of modular tools and applications, the company reports. Its customizable, table-based architecture allows the system to be widely configured to meet the specific requirements of the Court. www.justicesystems.com, 505.883.3987

AUDIO/VIDEO TECHNOLOGY

CourtSmart offers a number of application technologies including digital courtroom recording, high definition video surveillance and video conferencing. CourtSmart technology is engineered to integrate with other open standard applications in real-time update mode. This provides the base for an integrated convergence of applications for the implementation of a true estrategy. www.courtsmart.com, 1.800.235.8690

Williams Sound’s wireless listening technologies have been meeting the communication needs of the judicial market for more than 35 years. Their wireless technology includes both installed and complete packaged systems for use in hearing assistance and/or simultaneous interpretation. Many of their systems meet the new ADA accessibility guidelines and are covered by an industry leading, five-year warranty. www.williamssound.com 1.800.328.6190

INTAKE KIOSK

Gain the advantages of automated-cash counting and deposits during the booking process with TouchPay. Their Intake Kiosk was designed specifically for the corrections industry to streamline manual and time

E-FILING SOFTWARE

More and more courts are realizing the savings of time and money that Tybera’s eFlex brings through reduced manual data entry and automated work-

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consuming currency-processing activities during booking. It is built with a rugged design and advanced technology to withstand the rigorous booking environment of todayâ&#x20AC;&#x2122;s toughest jails. www.touchpayonline.com, 1.866.204.1603

MANAGEMENT SOLUTIONS

Thomson Reuters provides customers with unrivaled solutions that integrate content, expertise and technologies. C-Track CMS delivers just that, offering courts customizable management solutions configured to how a court functions. C-Track CMS offers new features and functions leading to the next generation of adaptable case management systems. www.thomsonreuters.com, 1.877.923.7800

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B Y B I L L SC H I F F N E R , C O N T R IB U T IN G E D I T OR

JULY HEATS UP WITH NADCP AND NACM CONFERENCES THE MONTH OF JULY WILL PLAY HOST TO TWO MAJOR EDUCATIONAL AND PRODUCT TECHNOLOGY CONFERENCES FOR COURT PROFESSIONALS.

NADCP 2015 TEAMS UP WITH VETERANS TREATMENT COURTS The National Association of Drug Court Professionals (NADCP) announces that its 2015 conference on substance abuse, mental health and the criminal justice system will be partnering with the only conference devoted exclusively to Veterans Treatment Courts and justice-involved veterans. The NADCP 21st Annual Training Conference and Justice For Vetsâ&#x20AC;&#x2122; 3rd Annual Vet Court Con will

be held simultaneously July 2730 at the Gaylord National Resort & Convention Center in National Harbor, just outside of Washington, DC. The NADCP 21st Annual Training Conference will feature an in-depth plenary on the newly released Adult Drug Court Standards Best Practices Volume 2 as well as an exhibit hall packed with the latest in drug and alcohol testing products and services.

MOBILE TESTING SYSTEM

The IN-HOM S.M.A.R.T. Mobile is a portable, handheld, breath test system that includes facial detection software when the user provides a breath sample. While the device will accept a breath sample at any

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time, the primary function is for the user to provide breath samples on a fixed schedule designated by their monitoring authority. The device is lightweight and easy-to-use, allowing the user mobility and discretion to test at work, home, or anywhere else. www.smartstartinc.com, 1.800.880.3394

TESTING KITS

OraSure Technologies develops, manufactures and markets immunoassays, in vitro diagnostic tests and other medical devices. These products include tests for the detection of antibodies for the HIV virus, including OraQuick ADVANCE Rapid HIV-1/2 Antibody Test and the OraSure HIV-1 Oral Specimen Collection Device, a test for antibodies for the HCV virus, the OraQuick HCV Rapid Antibody Test and oral fluid testing solutions for drugs of abuse testing, including Intercept Oral Fluid Drug Testing System and Q.E.D. Saliva Alcohol Test. www.orasure.com, 1.800.869.3538

coupled with our analyzer solutions and user-friendly LIS systems, ensure you have the necessary tools to keep pace with the changing trends of drug abuse. www.immunalysis.com, 1.888.664.8378

CONTINUOUS ALCOHOL MONITORING

SCRAM Continuous Alcohol Monitoring (CAM) is the most widely used CAM product in the world. Extensively peer-reviewed and court validated, SCRAM CAM provides a proven deterrent to drinking. On any

TESTING SOLUTIONS

Immunalysis offers comprehensive, cost-effective solutions for drug and alcohol testing at your laboratory. Our broad line of reagents including Synthetic Cannabinoids,

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given day, SCRAM CAM generates an average 99.4% Sober Days rate, meaning that 99.4% of all clients being monitored by the product are sober and fully compliant with court orders. www.alcoholmonitoring.com, 1.800.557.0861

IGNITION INTERLOCK DEVICE

Intoxalock eLERT is Intoxalock’s fastest growing product. It combines fuel cell technology, photo verification and real-time reporting to meet the most rigorous

lizes its drug testing application called eRam which features dedicated computer software that connects to a client’s camera in order to assess and monitor its subjects remotely through eye analysis and oral drug screen with a high degree of accuracy, says the company. www.corrisoft.com, 1.859.271.1190

ORAL DRUG TEST local and state requirements. Online log reporting provides instant access to participant information, complete BrAC sample history and violations. Intoxalock continues to be an industry leader in reliability, customer service and technology. Our mission is helping people to live and drive responsibly. www.Intoxalock.com, 1.877.777.5020

INNOVATIVE MEDICAL SOLUTIONS

Alkermes plc is a fully integrated, global biopharmaceutical company that applies its scientific expertise and proprietary technologies to develop innovative medicines that improve patient outcomes. The company has a diversified portfolio of more than 20 commercial drug products and a substantial clinical pipeline of product candidates that address central nervous system (CNS) disorders such as addiction, schizophrenia and depression. www.alkermes.com, 781.609.6000

DRUG AND ALCOHOL TESTING PARTNERSHIP

Corrisoft and ABK Remote Drug Testing Inc. will partner in providing a mobile solution for remote testing of drug and alcohol usage. Corrisoft’s AIR (Alternative to Incarceration via Rehabilitation) platform combines a smart phone, providing direct communication between offenders, supervising agency personnel, and Corrisoft’s re-entry specialists. ABK Remote Drug Testing Inc. uti-

The DrugTest 5000 from Draeger Safety Diagnostics, Inc. provides an alternative to the collection of urine or blood samples. Performed with ease and with results provided within minutes, the Dräger DrugTest is a mobile system that uses oral fluid to test for seven types of the most commonly-abused drugs. This quick drug test provides a non-invasive alternative to sample collection. www.draeger.com/DrugTest, 972.929.1100, info.dsdi@draeger.com

DRUG SCREENING TOOLS

Thermo Scientific’s DRI Hydrocodone/ Hydromorphone Drugs of Abuse Assay offers applications for an array of clinical chemistry analyzers. The drugs of abuse testing scope is expanding rapidly, and DRI assays meet this challenge by offering one of the most extensive menus for drugs of abuse testing and developing new assays to respond to ever-emerging drug screening needs. This assay is for Criminal Justice and Forensic use only. www.thermoscientific.com,1.800.232.3342

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REMOTE BREATH SYSTEM

SCRAM Remote Breath is said to be one of the most flexible options in breath testing. It is the first handheld, wireless, portable breath alcohol tester that includes governmentgrade facial recognition, high-resolution photos, BrAC results, and a GPS location with every test. Automated facial matching reduces manual photo review by 90% to 95%, while random, scheduled, and on-demanding testing provides more flexibility to monitor clients. www.alcoholmonitoring.com, 1.800.557.0861

The National Association of Court Management (NACM) will be holding the 2015 Annual Conference, July 12-16 in Louisville, Kentucky. The conference will continue to highlight the new NACM Core. The Core is designed to help court leaders understand what it means to demonstrate capacity in all aspects of court management. NACM will also partner with the Institute for Court Management (ICM) to offer Purposes & Responsibilities of Courts, a new hybrid class that combines online and in-person segments. Stephanie Elliott Hess, NACM president-elect reports the Association celebrates its 30th anniversary at this year’s conference. “In recognition of that anniversary, the conference theme is ‘Committed to Excellence: Yesterday, Today, and Tomorrow.’ A robust exhibit show is planned for Wednesday, July 15th and will feature a number of exciting new products for NACM attendees.”

AV SOLUTIONS FOR THE COURTROOM

With over 30 years of courtroom recording experience, JAVS focuses on creating AV delivery and recording solutions to meet the demands of hearing rooms and courtrooms. From

public address to remote arraignment to open source access of recordings, JAVS promotes truth

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and accuracy. The company is a diamond sponsor of the NACM conference. www.javs.com, 1.844.300.JAVS

LOBBY KIOSK

For courts and municipalities, TouchPay’s payment services maximize convenience and efficiency for citizens and agencies alike. TouchPay’s comprehensive suite of products provides users with 24/7/365 payment capabilities. Their payment services include the patent-pending Lobby Kiosk, Interactive Voice Response (IVR)

telephone system, Countertop Terminal, online-payment portal and Walk-In Retail. Using TouchPay services, courts are able to accept automated payments in cash as well as credit/debit cards and checks. All transactions will post in real time. Visit booth #309 to see a demo. www.touchpayonline.com, 1.866.204.1603

JURY CHECK IN

Stop by the Jury Systems Incorporated booth to try out one of their newest products, JURY+ Express Check-In. This simple

module is said to vastly speed up the juror check-in process, which means benefits to both the jury office and citizens alike. JURY+ Express Check-In has a wide range of capabilities and is configurable for each court’s needs. Handheld, enclosure, and kiosk styles are available. www.jurysystems.com, 1.805.285.5800

tomer support representatives. All of nCourt’s services are completely free to the partners they serve. www.ncourt.com, 1.888.912.1540

GUIDE & FILE FOR SELFREPRESENTED LITIGANTS

With Odyssey Guide & File, a powerful suite of tools developed to provide access to justice for all constituents, self-represented litigants can now be guided through the

process of completing court forms and filing cases online. Courts can easily create Web-based interviews for their court by leveraging the library of existing interviews from other jurisdictions and the Odyssey Guide & File authoring tool. www.tylertech.com, 1.800.431.5776

CASE MANAGEMENT SYSTEM

C-Track, the innovative case management system developed by Thomson Reuters Court Management Solutions (TR CMS), keeps cases moving efficiently through your court. C-Track pro-

ELECTRONIC PAYMENTS

NCourt is a nationally recognized electronic payment provider servicing more than 2,000 government partners in 29 states. NCourt develops customized websites where citizens can make traffic, probation, property tax, bail and other pay-

ments online 24/7 using a credit or debit card. Citizens can also call nCourt’s toll-free hotline that is guided through the payment process by live, bilingual, U.S. cus-

vides a total court solution by integrating your e-filing, case management, and public access solutions with other court applications. The company is a diamond sponsor of the NACM conference. www.thomsonreuters.com, 1.877.923.7800

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of tasks on the Web and their smart phones. So, they’re asking for the same level of accessibility and interactivity with the Courts.” Cheever also notes that efficiency and ease of use are what many users are looking for. A law technology advisor asked if a user needed to be an expert to use the app, to which she answered, no. An app, she says, should be like a pacemaker…it should just work. A smart phone and iPad, she points out, could be given to a three-year-old who could figure it out fairly quickly. Years ago, in order to print something, it took a disk, loading the drivers, etc. Now it is a push of a button, which is what users want in apps. “There is a large demand for convenience in every market…technology is supposed to be just as effective, but much more efficient. To reach that goal, we first make sure that lawyers can be productive while on the go. This means that we aren’t a cloud solution that you have to be online to use. Documents and transcripts live in the apps, not in the cloud, allowing

you to be productive independent of an Internet connection.” One thing that agencies wanted that was accommodated, says Miles, was paring the functions down to what matters most and to be able to use the most heavily used features in the most functional way, so functionality was pushed to the browser. One of the benefits JustWare Mobile has is it strips away some of the complications of the full JustWare to give the most important and pivotal information to the mobile user who is looking at a small screen. Miles adds that this has resulted in a ground-up approach, and it boils down to “real estate.” A smaller screen will have the fundamental pieces. As the screen grows, so does the amount of fundamentals.

Mobility Mobility is important. As Cheever points out, for years a laptop was the closest one could get to true mobility, but “The iPad makes all that possible, in a much smaller, lighter container, with a lot fewer

cables, much shorter startup time, and a longer battery life. Not only that, but with an iPad, you can walk around the courtroom while presenting wirelessly, like you’d walk around with a legal pad. Because of that, iPad presence has eclipsed laptop presence in the courtroom.” Puckett suggests that mobility and efficiency are closely related. “Going mobile is important for court use to increase efficiency, enhance productivity, expand access to justice, as well as provide convenience and potential cost savings.” Web and mobile apps offer attorneys and the public the option to self-serve and conduct court business from anywhere and at any time. This saves the time and expense of visiting the courthouse. “For court staff, it can provide the flexibility of accessing information and working remotely while also reducing congestion on their workload since many requests have shifted to self-serve.” The growth has been fast. Miles recalls that just a few years ago, if court clients were posed the question, “What if you could do A, B, C, and D on a mobile?” there was not a great deal of interest. Now they have expectations, and the response is, “I want this. Deliver it as soon as possible.” In an article by Sharon D. Nelson and John W. Simek written for the American Bar Association (ABA), the authors discussed an incident in which a webinar called The iPad for Litigators was sponsored by the American Law Institute and the ABA, and so many attorneys registered that they had to break the webinar into three sessions so as not to overload the technology. And in January 2014, for the first time, the Internet was accessed more by tablets and smart phones than by PCs and laptops. Says Puckett, “We’re seeing both interest and a commitment from many of our court clients to upgrade technology to provide mobile access.”

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Whether it’s arraignment, a remote disposition or a conference with a judge or public defender, video offers convenience and operational efficiency.

IMAGE COURTESY CLCT

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Live video of a juror in a simulated trial.

t’s all caught on film. Whether it is an act of tragedy or idiocy, humor or horror, or just something cute, it seems to be captured on camera and able to be shared. The use of video technology is only going to expand, and courts are moving fast to adopt and adapt. As Fred Lederer, director of the Center for Legal and Court Technology (CLCT) points out, aside from the traditional uses, there is now also the matter of social media on which, for some reason, people post evidence of crimes they have committed. There is the recent push for police body cameras, so video evidence can be used to monitor the

potential abuse of police powers. (PESA is about to experiment on taking that a step further.) In 2013, the world saw footage of the Chelyabinsk meteor as it blasted into the atmosphere and exploded over Russia and released 20 times more kinetic energy than the bomb used in Hiroshima. The incident was captured on numerous dash cams used to record incidents of he said/he said traffic accidents and incidents of corruption and shakedowns. There is now also the matter of Google Glass and drones and the fear of the end of privacy. Says Lederer, “All of this will flood the courts.” The trends move quickly and

require consideration. A current trend, says Lederer, has been heading to being “device independent.” That way the participants do not need an entire and expensive system to participate in proceedings. CLCT holds experimental trials in its mock courtroom. One of the recent ones have been the world’s first remote juror in which they placed a monitor in their own jury box on which they could see her face and a coder/decoder in the juror’s house. There is now also the ability to use high end tablets and phones for video conferencing. No matter what hardware a participant is using, he or she can participate. In

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police department in which it will be installed on dashboards in police cruisers and will capture footage and be able to live stream it to headquarters. That footage can later be enhanced, annotated, shared, and discussed. John Wright of PESA, says, “The pilot is on a small scale to determine what technology is needed and to scale it up from that point.”

Latest Video Technologies Video-only communication using Telmate’s video visitation system ensures that staff members see everything that the inmate sees, which means that an inmate can’t use their body to shield hand signals or written messages from wall-mounted cameras.

Philadelphia, the U.S. District Court presents evidence on Android tablets using video streaming. The report is that it has been successful. While not a “trend” per se, says Lederer, there is enormous interest around the world. Malcolm Macallum, Chief Operating Officer/CTO at VIQ Solutions, Inc. explains a scenario in which during a felony case with a remote expert witness, the accused could be in custody and require transcription and be monitored by other defense lawyers. The courtroom could have one three-screen video conferencing system on which the accused appeared from prison on the left screen, an expert witness could provide evidence on the right screen, and the center screen could be a witness who is in protective custody. If the defense team were large and not able to attend, using their authentication credentials provided by the court, they could log on to a remote VIQ satellite and

observe the trial, make notes, and confer. Video conferencing is not just for courts. Video is a primary component of correctional visitation. As JoAnn De Jesus, marketing communications manager at Telmate says, “Going to a facility for an in-person visit can be inconvenient, uncomfortable, and even intimidating, especially for small children. With remote video visits, friends and family can say goodbye to long drives, uncomfortable waits, and harsh surroundings as they experience personal, remote visits from the comfort of their own home.” Another new video development is PESA’s Acquire, Collaborate, Explain, and Secure (A.C.E.S.), a two- or five-channel video system with the flexibility to add more. The system is able to be used in courtrooms as well as other arenas such as remote hearings, depositions, etc. A.C.E.S. is currently being used in a pilot program at a local municipal

GTL provides video conferencing products and services to courts so that arraignments of incarcerated citizens can be conducted with greater efficiency. The video conferencing equipment resides in the courtroom at a judge’s desk or in another private room where the judge conducts arraignments, as well as in correctional facilities. Rather than standing before the judge in person, inmates connect over the video equipment, thereby eliminating much of the cost, manpower, time, and safety risk of the traditional arraignment process. It allows courts to comply with the legal requirement of conducting arraignments with the accused present while greatly increasing operational efficiency. GTL also offers a unique dualapplication kiosk that allows public defenders to have video meetings with inmates before their trial and allows inmates to access case files during and after these calls via a touch screen interface. With this system, the inefficiencies and risks of either requiring public defenders to go to correctional facilities for meetings or transporting inmates to public defenders’ offices are elimi-

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nated. The system is unique in the industry, enabling professional visits between attorneys and inmates awaiting trial and displaying documents pertaining to the case on the inmate kiosk. Finally, GTL is under contract in a Mid-Atlantic state to deploy a system that allows court administrators to schedule a meeting between a judge and an inmate housed at one of the state prisons and to conduct that meeting via a video unit or an in-person visit. This system addresses the needs to increase operational efficiency in scheduling and conducting follow-up meetings between judges and inmates who have already been convicted of a crime. www.gtl.com 952.931.0775 Tim.Eickhoff@gtl.net

PESA’s Acquire, Collaborate, Explain, and Secure (A.C.E.S.) system combines their XSTREAM C58 or C22 streaming media appliance with VIQ software for file capture and management capabilities. The result is a comprehensive recording and playback system that simplifies collaboration. PESA’s A.C.E.S. solution architecture includes a regional server fed by fixed and/or mobile recording stations that automatically synchronize files. Systems can also include a fixed or cloud-based optional central repository. Remote collaboration is enabled via VIQ’s AccessPOINT Portal, which provides secure, browser-based access to files. Along with on-site commissioning and installation, the system can also include customized user interfaces, online training, and transcription services. Housed in a compact, 1 RU form factor, the C58 simultaneously encodes up to five independent video sources and eight audio sources for H.264 IP distribution with no sync or latency issues. The C22 supports two video and two audio streams. VIQ’s software offers advanced database tech-

nology to simplify logging, searching, annotations, and chain of evidence, and allows integration with third-party case management systems. The system can be used in courtroom recording, for secure evidence capture and distribution, witness and suspect interviews, officer performance review, search and rescue, as well as for medical and educational functions. www.pesa.com 256.726.9200

Telmate allows correctional facilities and inmates benefits via their video visitation system. The system provides a high quality, safe, and convenient alternative to face-toface visits. Inmates can visit with their loved ones without ever leaving their pod. This provides security for staff, and closes off a key avenue for contraband. Video-only communication ensures that staff members see everything that the inmates sees, which means that an inmate can’t use their body to shield hand signals or written messages from wall mounted cameras. Scheduling can easily be done online, so staff will no longer need to manually schedule visits, thus freeing them up for other tasks. A single web-based application allows staff to review inmate calls, video visits, set alarms, control access, and more from any Internet web browser or smart phone. Telmate video visits automatically use a proprietary identity verification system called Telmate Verified so staff always know who’s visiting whom. Video visits also incorporate facial biometrics and monitoring, which flag inappropriate behavior such as inmate extortion (passing the visit to someone else) or inappropriate conduct. Telmate offers three types of video visits: on-site, remotely using personal computers, and remotely using mobile devices. Since so many facilities are remote, friends and family can get immediate and per-

sonal communication without the hassle and expense of traveling to the facility. Telmate offers friends and family with bilingual customer support 24 hours per day, seven days per week as well as an online help center to answer any questions. www.telmate.com JoAnn De Jesus, 415.300.4315 joann@telmate.com

VIQ’s AccessPOINT Collaboration Web Portal is a secure, webaccessible and easy-to-use tool for searching and replaying cases or portions of cases. It provides a mechanism for securely sharing and sharing ideas on cases between stakeholders whether it is judges, prosecutors or law enforcement. This portal comes customized to suit the court’s specific branding. VIQ Satellite Tablet can be as advanced or as simple as you need. This product provides up to five video and eight audio channels when connected to a video appliance such as PESA’s xStream C-58. Simple or Advanced UIs can be run on a Microsoft Surface tablet, for example. This solution integrates popular video-conferencing systems such as those offered by the Telepresence or Tandberg systems. PC-based VC systems can also be easily integrated into the captured record as well. VIQ iPhone Capture is one of VIQ’s smart phone UIs that provide simple to use yet secure AV capture and upload to the VIQ back office products or simply as a way of sharing cases information through the Web portals offered. VIQ NetScribe Web Portal for those records that require a documented record. This transcription portal offers an entire workflow solution to transcription companies or transcribers. Due to the growth in video use this product now also utilizes video data. www.viqsolutions.com sales@viqsolutions.com Phone: 1.800.263.9947 June/July 2015x

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TECHNOLOGY APPLICATION

P&P Supervisory Tool: The Phone Advantage A programmed smart phone and tether coupled with the AIR program brings accountability, rehabilitation and reintegration to the forefront.

he U.S. makes up five percent of the world’s population yet this country houses 25 percent of the world’s prisoners, according to Jeff Milner, vice president of Sales and Marketing for Corrisoft. More troubling—over 60 percent of those released from incarceration will end up back in prison within the first three years of their release due to reoffense. He notes that the war on drugs during the 1980s and ’90s led to significant prison overcrowding, and a vast majority of states have either begun or are seriously considering steps to address the problem. “In an effort to reduce prison overcrowding and improve recidivism rates, states across the nation have either enacted prison reform measures or are well down the path to making significant policy changes,” says Milner. States like Indiana, Georgia, Utah, Alabama, Nevada, New York, Ohio, California, and Texas have or are in the process of enacting prison reform measures. Specifically, the states are target-

ing two main approaches to help alleviate prison overcrowding and reduce recidivism—sentencing reform and improved offender rehabilitation and reintegration programs. He says states are looking at revising mandatory sentencing as well as removing jail time as a sentence for many low-level crimes: primarily drug-related offenses. Simply put, jail time won’t help reform these individuals, he notes. The new approach is to keep low-level offenders at the community level and provide them with the resources proven to truly affect change and reform: addiction services, mental health services, job placement assistance, housing assistance, food and clothing assistance, etc., while equally emphasizing accountability. “The approach of using a single device to keep offenders accountable and act as a means to facilitate critical support services is a concept unique to Corrisoft,” says Milner. “Gone are the days of offenders simply being a dot on a map. Holding

offenders accountable is more than just tracking their activity. It’s about providing the resources, tools and support necessary to remove the barriers and empower offenders to take direct control of getting their life back on track.” He espouses the change in responsibility as beneficial to offenders’ success. “That’s the beauty of it—the shift—moving from the idea of monitoring someone as a means of enforcing the rules to the concept of using compliance administration as a way to help offenders become accountable for their own improvement, achieve true reform, and break the cycle of recidivism.” The AIR Mobile Connect system couples a specifically-configured and controlled smart phone with a small, lightweight, tamper-reporting tether worn by the offender. The tether acts as an identifier between the smart phone and offender, and it is paired with the phone to ensure it is with them at all times. Air Mobile Connect affords com-

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munity-based supervision officers the ability to engage in real-time, two-way communications with offenders, while maintaining GPS tracking data, according to Milner. This means agencies can take a proactive approach to interacting with offenders to better ensure they stay compliant with the terms of their release, he says. “Having the ability to electronically manage offender scheduling, use technology to automate a whole host of tasks, and proactively engage with the offenders vastly improves an agency’s efficiency and enables officers to spend more time in the field where they can truly help offenders,” says Milner. The smart phone comes loaded with Corrisoft’s proprietary mobile application and control features and provides 24/7 access to AIR Support

Agents and/or AIR Integration Specialists who are equipped to facilitate a wide range of offender support services, Milner relates. The AIR Mobile user-friendly home screen acts as the AIR Mobile Connect main interface and includes

e-mail, text, scheduling, camera and resource functions in addition to the real-time communication capabilities. With one touch of a button an offender can be in direct contact with the supervision officer, an AIR Support agent who is available 24/7, or other designated resources. To enhance efficiencies for the supervising officer, the AIR Mobile

Connect system also avails its data to a separate supervisor phone mobile application, which features tools that organize offender compliance history, displays real-time offender mapping location, provides access to offender profiles, and provides onetouch direct access to offenders to facilitate proactive protocol management. In addition, agencies manage the AIR Mobile Connect system through the AIR Dashboard, a webbased user interface that displays the offender’s profile, terms, and activity data alongside the real-time GPS tracking statistics. To supplement contact, or in lieu of making home visits, public safety officers can conduct virtual searches through the smart phone’s camera, he says. The smart phone feeds realtime GPS data into the AIR Dashboard, which uses an excep-

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tion-based approach to display tracking information and alerts. This means the dashboard only shows critical notifications rather than listing all activity data points which would force the safety officer to comb through large amounts of data to identify any alerts that need additional attention. In most agencies offenders come into the office once a week to meet with their supervision officer or case manager to review their schedule, he notes. The meeting can often last between 10 minutes to half an hour, and most officers oversee 100 to 200 offenders. This practice forces officers to spend too much time in the office as opposed to out in the field where they can make the most impact, Milner asserts. With the AIR Mobile Connect system, the entire scheduling process can be done using the platform’s calendar

PILOT PROGRAMS Currently Corrisoft is piloting the AIR program in two Indiana markets: Dearborn County (near Cincinnati) running since September 2014, and Allen County (Ft. Wayne) since January 2015. Below are employment statistics from the pilots:

Dearborn County: 88% employed today as of June 2015 29 — average number of days to gain employment 1.8 — average number of interviews to gain employment $11.63 — average wage (per hour) 7 — average number of contact points per day (voice, text, email) 45% reduction in positive drug screens (over prior year) 0 criminal arrests Allen County: 84% employed today as of June 2015 23 — average number of days to find employment $9.24 — average wage (per hour) (no historical drug testing data) 4.3 — average number of contact points per day (voice, text, email) 0 criminal arrests

Corrisoft’s Alternative to Incarceration via Rehabilitation (AIR) program uses the Air Mobile Connect System which consists of a specifically-configured smart phone with a lightweight, tamper-reporting tether. It allows real-time, two-way communications.

application. The offenders submit their calendar requests at a designated time each week for the officer to review and approve. Throughout the week the supervising officer can monitor activity against the offender’s schedule in real time—proactively communicating with the offender to ensure compliance instead of retroactively reviewing whether or not an offender was compliant with their previous week’s schedule, he says. Additionally, Corrisoft has recently developed a mobile application, currently in beta testing, which facilitates portable, remote drug and alcohol testing capabilities, Milner says. While currently a stand-alone device/software platform, the goal is to integrate this much-needed new substance abuse technology into the AIR Mobile Connect system.

For more information: Corrisoft/AIR program, 859.685.1492, www.corrisoft.com

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CO U RT S I N T H E M E D IA Continued from page 4 disproportionately on AfricanAmericans and when they bring charges backed by thin evidence. A California judge commented. “The bail is really being set to keep the person in custody. You have to kind of concede that,” said W. Kent Hamlin of Superior Court in Fresno County. “It’s not supposed to be that: it’s supposed to guarantee their appearance in court. They’re innocent until proven guilty, but the bail system assumes they’re guilty.” BUYING FREEDOM While no amount of money, critics say, should buy the freedom of

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someone who is truly dangerous, by the same token, the inability to pay should not keep defendants who pose little risk locked up. Instead,

“They’re innocent until proven guilty, but the bail system assumes they’re guilty.” —JUDGE W. KENT HAMLIN says the article, they should be released using a range of nonfinancial conditions like GPS monitors, pretrial supervision or even unsecured bonds. The critics say risk should be evaluated not in a quick, subjective hearing, but rather through a scientifically validated assessment that weighs such factors as the defendant’s age, lifestyle and previous record. The use of risk assessments is also supported by law enforcement groups. As an example of the model system, advocates for change point to Washington, DC, where money bail was effectively eliminated in the 1990s. About 15 percent of defendants are deemed too risky to release and are held on what is called “preventive detention.” Of the rest, very few fail to appear in court or are arrested on a new charge. New Jersey is phasing in a system modeled on Washington’s, but elsewhere, change has been blocked. In Maryland last year, a pretrial reform committee appointed by the governor at the time, Martin O’Malley, issued a host of recommendations, including the use of risk assessments and the elimination of money bail. None have been adopted—in part, said Mr. DeWolfe, the public defender, because of the opposition from the powerful bail bond industry. Equal Justice Under Law, a civil rights group based in Washington,

has been trying a novel legal tactic to dismantle money bail: going after jurisdictions that use bail fee schedules, in which the amount of bail is fixed based on the offense instead of the flight risk or public safety concerns resulting in the unconstitutional imprisonment of people solely because they cannot pay. In one of the suits, against the town of Clanton, Ala., the Dept. of Justice filed a rare supporting brief, writing that setting bail in this fashion, and without regard for a defendant’s ability to pay, “not only violates the 14th Amendment’s Equal Protection Clause, but also constitutes bad public policy.” The bail bond industry assets that alternatives to money bail can be just as burdensome on the poor. Some jurisdictions charge defendants for ankle monitors or drug abuse classes, and a mistake can land them in more trouble, says Nicholas J. Wachinski, the executive director of the American Bail Coalition, an industry group. He says that in many cases defendants are exonerated of a crime only to face consequences of a technical violation of pretrial release. Another problem is that many states do not give judges the option of preventive detention; in Baltimore, for example, it can be used only in very limited circumstances. So judges often set a very high, presumably unattainable bail. Even judges who have seen bailrelated horror stories say money bail is necessary. One Cleveland criminal court judge, Nancy Margaret Russo, said an infant died after being left in the care of the drug-addicted girlfriend of a defendant who could not come up with the $171 to make bond. But, the judge said: “You’re balancing risk. You can’t throw the risk out the window just because somebody doesn’t have any money.”

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