Washington Courts: Press Release Detail

Washington Pretrial Reform Task Force: Courts need information and alternatives to improve pretrial justice

Washington courts have the opportunity, with more information and robust pre-trial services, to safely release citizens who are charged with criminal offenses and awaiting trial, according to a report released by Washington’s Pretrial Reform Task Force.

While community safety is a paramount concern for trial judges, under Washington law defendants are presumed to be released while awaiting trial. Pretrial detention can have severe consequences for accused persons, particularly in the areas of employment, housing and family. Unnecessary detention is also costly for taxpayers and communities, and conflicts with Washington’s constitution and judicial branch rules, which establish a presumption of release with the fewest conditions necessary. However, pretrial detention nationwide has been on the rise, with many jail populations containing detainees that can be safely released while awaiting their trial date.

Washington’s Pretrial Reform Task Force was launched in June, 2017. Its purpose was to examine factors driving pretrial decisions that lead to high detention rates, and to develop recommendations for improving pretrial justice in Washington.

“Under current practices in Washington, many courts have limited information about an individual when making pretrial release or detention decisions, and have limited pretrial services to offer as an alternative to jail,” the report states.

The final report of the Task Force lists 19 recommendations in three categories — pretrial services; risk assessment; and data collection. The final report can be found at www.courts.wa.gov/subsite/mjc/docs/PretrialReformTaskForceReport.pdf.

“It is my hope that the report sparks dialogue within our trial  courts on what might be necessary improvements to the pretrial phase of the justice process,” said Washington Supreme Court Justice Mary Yu, Chair of the Washington Supreme Court Minority and Justice Commission, one of three sponsors of the Task Force. “We hope courts will review the recommendations and explore new partnerships   in their local communities to reinforce the constitutional presumption of innocence and our court rules that assume pretrial release. We believe the report will encourage alternatives to incarceration. ”

The Task Force is also headed by the Superior Court Judges’ Association and the District and Municipal Court Judges’ Association.

“There are a number of steps courts can take, with the help of the Legislature and local officials, to improve safety, promote justice and ensure that we have a pre-trial system that is fair and equitable,” said King County Superior Court Judge Sean O’Donnell, past-president of the Superior Court Judges’ Association and member of the Task Force’s Executive Committee.

The report details several major findings:

• Additional support mechanisms are needed to assist accused persons in attending court, including reminders of court dates, transportation vouchers, and referrals to voluntary community services such as drug and mental health services. Research finds that pretrial services and conditions are effective in ensuring accused persons return to court for their hearings and meetings.
• Data needs to be more routinely and uniformly collected in Washington courts to ensure a better understanding of pretrial practices and the effectiveness of reform efforts. Little information is currently collected regarding pretrial factors, decisions or outcomes.
• Several Washington courts have adopted pretrial risk assessment tools. The report does not make a recommendation regarding use of these tools, but recommends courts using them consider practices to measure performance, and ensure transparency and equality. While it will never replace judicial discretion, actuarial pretrial risk assessment tools are one additional piece of information that can assist in release decisions.

“We know courts are already using pretrial risk assessments across Washington,” said Spokane Municipal Court Judge Mary Logan, co-chair of the Trial Court Sentencing and Supervision Committee and a member of the Task Force’s Executive Committee. “Judges should have all the tools necessary to make informed pretrial release decisions. Courts considering use of risk assessment tools should also plan how to monitor impacts and incorporate evidence-based best practices.”

Membership in the Task Force includes 55 judges, prosecutors, public defenders, bail business owners, court administrators and officials, community members and researchers. The Task Force received training from the national Pretrial Justice Institute through its 3DaysCount Campaign, which is working across the U.S. to encourage evidence-based improvements in pretrial practices.

The Washington Supreme Court in 2016 hosted a symposium presented by the Minority and Justice Commission in Olympia titled “Pretrial Justice: Reducing the Rate of Incarceration,” which featured national experts discussing growing trends involving pretrial incarceration. The symposium is available for viewing on TVW at https://www.tvw.org/watch/?eventID=2016051095.

The Washington State Minority and Justice Commission was established by the state Supreme Court in 1990 to determine whether racial and ethnic bias exists in the courts of Washington and to take creative steps to overcome and prevent them. The Commission grew out of a task force established in 1988 at the urging of state legislators.

The Washington State Superior Court Judges’ Association was created by state lawmakers in 1933 to provide a voice for superior court judges in education and training of judges, promoting ethics, improving the administration of justice, and in relating to other judicial branch members and branches of government.

The Washington State District and Municipal Court Judges’ Association was created by state lawmakers in 1961 to provide information on the workings and condition of the state’s district and municipal courts (courts of limited jurisdiction, CLJ), and to suggest improvements for the administration of CLJ courts and the delivery of justice.

CONTACT: Intisar Surur, Senior Policy Analyst, Washington Superior Court Judges’ Association, (360) 704-1932, Intisar.Surur@courts.wa.gov; Andrea Valdez, Senior Policy Analyst, Washington Superior Court Judges’ Association, (360) 704-4011, Andrea.Valdez@courts.wa.gov; Lorrie Thompson, Senior Communications Officer, Administrative Office of the Courts, (360) 705-5347, Lorrie.Thompson@courts.wa.gov.