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Executive Summary
The Sheriff’s Justice Institute recorded data and observations in Central Bond Court from 8/29/16-12/20/16 and then
again from 9/18/17-11/28/17.
We find that:
Overview
Before 9/18/17 (Observed from 8/29/16-12/20/16) After 9/18/17 (Observed from 9/18/17-11/28/17)
Before 9/18/17, D-Bonds for felony gun charges were administered at a higher rate with higher bond amounts than
after 9/18/17. Before 9/18/17, No Bonds, IEM, and I-Bonds were rarely administered for felony gun charges. After
9/18/17, the use of No Bonds, IEM, and I-Bonds increased dramatically.
2.0% 0.6%
2.2%
9.3%
22.4% 39.8%
95.8%
28.0%
D EM I C D I IEM NO BOND
CLASS N %
X 14 4.3%
1 6 1.9%
2 148 46.0%
3 36 11.2%
See page 15 for Felony Penalties
4 118 36.6%
TOTAL 322 100.0%
I Bonds and No Bonds have increased. Before 9/18/17, I-Bonds were administered in 20.5% of cases and after, I-
Bonds were given in 54.7% of cases. Before 9/18/17, No Bonds were administered in 0.6% of cases and after, No
Bonds were given in 7.8% of cases.
Overall, D-Bond frequency and amounts have decreased. Before 9/18/17, D-Bonds were administered in 53.0% of
cases and after, D-Bonds were given in 21.2% of cases. Before 9/18/17, the Average D-Bond was $95,815, with a
Median at $75,000. After 9/18/17, the Average D-Bond was $23,927 with the Median at $8,500.
Judge Comparisons
46%
28%
25% 26% 25% 24%
22%
18% 18%
16%
12%
Bourgeois
Judge A JudgeBrown
B Chiampas
Judge C Panarese
Judge D JudgeSullivan
E
51% 52%
47%
44%
34%
27%
25%
22%
18% 20%
15% 17%
14% 14%
11% 10% 10% 11%
7% 6%
5% 4%
Atcherson
Judge F ClancyG
Judge Lyke H
Judge Marubio
Judge I MillerJ
Judge Navarro
Judge K
6
A Closer Look
Before 9/18/17
8/29/16-12/20/16 Judge A Judge B Judge C Judge D Judge E
D Bond 64.3% 56.6% 57.4% 28.3% 56.4%
Less than $10,000 0.0% 1.1% 27.4% 0.0% 5.7%
$10,000 - $39,999 5.5% 50.2% 36.3% 4.0% 41.5%
$40,000 - $99,999 28.6% 36.6% 16.4% 46.7% 34.0%
$100,000 - $249,999 28.6% 5.8% 15.1% 27.3% 8.1%
$250,000 or more 37.3% 6.3% 4.8% 22.0% 10.7%
IEM 22.4% 18.0% 25.5% 46.0% 18.1%
Less than $10,000 0.0% 0.0% 24.6% 0.0% 2.0%
$10,000 - $39,999 13.6% 96.9% 47.7% 23.2% 82.3%
$40,000 or more 86.4% 3.1% 27.7% 76.8% 15.7%
I Bond 12.2% 25.4% 15.9% 24.6% 24.5%
No Bond 1.0% 0.0% 0.6% 0.7% 1.1%
C Bond 0.0% 0.0% 0.2% 0.0% 0.0%
Nolle 0.0% 0.0% 0.4% 0.4% 0.0%
Total 100.0% 100.0% 100.0% 100.0% 100.0%
After 9/18/17
9/18/17-11/28/17 Judge F Judge G Judge H Judge I Judge J Judge K
D Bond 11.0% 33.6% 25.3% 27.1% 10.4% 22.1%
Less than $10,000 75.0% 14.3% 45.9% 85.3% 65.1% 28.8%
$10,000 - $39,999 9.4% 27.5% 33.9% 11.6% 27.9% 48.1%
$40,000 - $99,999 12.5% 40.7% 11.9% 3.2% 4.7% 21.2%
$100,000 - $249,999 3.1% 17.6% 7.3% 0.0% 0.0% 0.0%
$250,000 or more 0.0% 0.0% 0.9% 0.0% 2.3% 1.9%
IEM 15.1% 18.5% 16.7% 14.0% 14.2% 20.0%
Less than $10,000 0.0% 2.0% 1.4% 0.0% 0.0% 0.0%
$10,000 - $39,999 27.3% 62.0% 61.1% 12.2% 55.9% 53.2%
$40,000 or more 72.7% 36.0% 37.5% 87.8% 44.1% 46.8%
I Bond 68.8% 43.5% 46.9% 51.4% 64.6% 51.9%
No Bond 5.1% 4.4% 10.0% 7.4% 10.8% 6.0%
C Bond 0.0% 0.0% 1.2% 0.0% 0.0% 0.0%
Total 100.0% 100.0% 100.0% 100.0% 100.0% 100.0%
7
Charges
Defendants lead charge shown in each observational period. Before 9/18/17, Retail Theft was a top five charge. After
9/18/17, it did not crack the top ten.
PSA
Beginning July 1, 2015, the Chief Judge’s Office’s Pretrial Service Division implemented a comprehensive risk
assessment instrument known as the Public Safety Assessment (PSA). The PSA is a Kentucky-based model designed to
better evaluate a defendant’s threat to the community and likelihood to appear at their next court date. The PSA is broken
down into three scales: New Criminal Activity (NCA), Failure to Appear (FTA), and New Violence Criminal Activity
(NVCA). In bond court the NCA and FTA scales are designated as a number from 1 to 6. Higher numbers are used to
indicate higher likelihoods that the defendant will be rearrested or fail to appear for court dates. The NVCA scale is
designated as a “violence flag.” The NVCA flag is used to notify judges that a defendant has a high likelihood of
committing a new violent crime. A defendant either has a violence flag or does not.
The combined NCA and FTA scores result in a defendant’s recommended monitoring level which can be found using the
Decision Making Framework (DMF) Matrix (see next page). There are 7 total recommendations, in order of increased
levels of monitoring:
DMF pretrial monitoring levels with their respective conditions are laid out in the chart below:
The charge a defendant is facing can have an effect on the DMF. These charges include: Domestic Battery, Stalking,
Violation of an Order of Protection, Criminal Sexual Abuse, Kidnapping, and Arson. If a defendant is arrested for any of
these charges then the defendant will be “bumped up” a level on the DMF matrix. For example: If a defendant scored a 4
on the NCA scale and a 4 on FTA scale then, on the DMF matrix, this would land them on a monitoring level of PSL III.
If a person was arrested for Domestic Battery then this would “bump up” the defendant’s monitoring level to Release with
Sheriff’s EM. There are certain charges that are automatic Maximum Conditions Recommended including but not limited
to certain types of Aggravated Battery, Vehicular Hijacking, Armed/Agg Robbery, and Att/Murder.
All information collected on the PSA and DMF was gathered on November 13, 2015 during a PSA Refresher Training
Opportunity Go-To-Meeting sponsored by Dr. Marie VanNostrand of Luminosity.
For the remainder of this report levels “Release on PM”, “PSL I”, “PSL II”, “PSL III” and “PSL with curfew under” are
grouped together under the category of Pretrial Supervision.
10
DMF in Practice
Side by comparisons of the OCJ’s Pretrial department’s recommendations on all defendants during the periods observed.
*N/A- There were instances when Pretrial Service was unable to conduct an interview for certain defendants. Instances
included: defendants admitted to the hospital, defendants in CCDOC custody prior to Bond Court, defendants without
any prior history, or if an interpreter was not present. Some scores were unavailable to court attendees because the
Judge did not ask for the PSA numbers.
Followed DMF?
Before 9/18/17 Judges followed the DMF in 34.0% of bond court decisions. After 9/18/17 Judges followed the
DMF in 71.2% of bond court decisions. It is important to note the DMF recommendations do not directly
correspond with the current bond court system. Below is an attempt to match the DMF recommendation with
the administered bond type and amount.
Grid
Pretrial Recommendation
Follow DMF? No Condition Pretrial Supervision EM Max
Yes I-Bond, Bond defendant I-Bond, Bond defendant EM Bond defendant cannot
can afford can afford afford, No Bond
No, harsher Bond defendant cannot Bond defendant cannot Bond defendant cannot
afford, EM, No Bond afford, EM, No Bond afford, No Bond ---
No, more lenient I-Bond, Bond defendant I-Bond, EM, Bond
--- --- can afford defendant can afford
Bond defendant can afford- If the defendant explicitly stated an amount they could post.
Bond defendant cannot afford- If the defendant explicitly stated an amount they could not post or the defendant never stated a bond
amount they could post.
11
Before 9/18/17
DMF Accordance by Judge
74.9%
65.0%
62.1%
54.9% 56.3%
Bourgeois
Judge A Brown
Judge B Chiampas
Judge C Panarese
Judge D Sullivan
Judge E
Yes No, harsher No, more lenient
After 9/18/17
DMF Accordance by Judge
78.2%
75.1%
70.2% 71.6%
63.2% 63.6%
Atcherson
Judge F Clancy
Judge G Lyke H
Judge Marubio
Judge I MillerJ
Judge NavarroK
Judge
Yes No, harsher No, more lenient
Time
After 9/18/17, defendants spent more than twice as long in front of the bench as they did before 9/18/17.
PD vs. Private
The time disparity between private attorneys and Public Defenders has diminished. Before 9/18/17, private attorneys spent
2.8 times longer in front of the bench than PDs. After 9/18/17, private attorneys spent 1.3 time longer in front of the
bench the PDs.
Seconds Seconds