Having enough cash to post bail when arrested is not the reality facing most people who will be booked into the Vigo County Jail in coming years.
Affording legal representation at the time of arrest is also a big concern for many people.
Vigo County attorneys and others learned Friday about new practices intended to ensure fairness and equity for those accused of a crime, but not yet convicted.
Criminal Rule 26 goes into effect statewide on Jan. 1, covering pre-trial release and bail reforms to ease the financial burden of posting bail.
An arrested person who is not at risk to leave the county to avoid trial, and who is not a danger to self of others, could be released without posting bail through the new rules.
“By operating with better information, with more information, the defense attorneys and the prosecutors can make better recommendations to the courts, and the court can make better decisions on who to release Pretrial,” said Vigo Chief Deputy Prosecutor Rob Roberts.
It’s important for attorneys and the public to understand the process.
“It’s going to look different from what we’ve been doing,” Roberts said. “It’s going to potentially release someone who may be a low-risk, but may have had a higher bond in the past.”
The changes to pretrial release through Criminal Rule 26 has been piloted in 11 Hoosier counties for the past year. Data collected from those counties show people who have stable housing, employment and social support are likely to appear for their court hearings and to comply with court orders to get their case resolved.
Indiana Supreme Court Justice Christopher Goff said pretrial reform is designed to make sure scarce criminal justice resources, such as jail space, are used more efficiently.
“Vigo County is well-positioned already to make this transition,” Goff said, noting that pretrial release is already in place through probation and community corrections programs.
Vigo County has made many positive moves in recent years in an effort to not only ease jail overcrowding, but address issues such as drug abuse by establishing drug court and treatment programs, Goff said.
Helping courts — such as family recovery, veterans treatment, and mental health — do make a difference for those who successfully complete the course and receive a deferral of their conviction, even though such programs are sometimes criticized as being “soft on crime.”
“That’s not being soft,” Goff said. “That’s being smart, humane and a good neighbor.”
Goff said he prefers to think of pretrial release as pretrial “reform” because the idea behind bail reform is to do things differently and be more deliberate about who is incarcerated.
Goff called Vigo County a leader in handling low-level felony offenders at the community level, due to its numerous problem solving courts and community corrections program.
As a county judge in 2004, Goff said, he set up a drug court in Wabash County due to the guidance of then-Vigo Judge Barbara Brugnaux, who was instrumental in establishing the local court-based program.
Indiana now has 105 problem-solving courts to deal with a variety of issues.
“What this reform does is make sure scarce resources are directed where they need to be,” Goff said.
Another part of the change in Vigo County is what is being called “first appearance counsel” who will appear in court with a newly arrested person for the limited purpose of addressing release, bail and charges.
Two attorneys — Amanda Thompson and John Nichols — will handle these duties by meeting with arrestees prior to their court appearances in each county and city court.
In has been the practice for many years that a person is brought from the jail to their first court appearance without first speaking to an attorney. Many people do not know their rights, and cannot offer information that would help gain their release or a lower or no bail.
Thompson and Nichols will have access to an assessment form filled out following the arrest to identify if the person meets the pretrial release rules.
Those who will not meet the release rules are those charged with murder or treason, those arrested who were already on pretrial release for another incident, arrestees on probation, parole or other community supervision.
Even if the person seems to be a low risk, Judge John Roach said, the judge can decide not to release the person from jail. Each case is handled on an individual basis.
Roach said it is possible once a new Vigo County Jail is completed that a magistrate judge could be hired to have pretrial release hearings at the new jail.
Some attorneys at expressed concerns that the arrestees could make statements that will be used against them as their share information during the evaluation.
Roach said those statements will not be admissible against the arrestee in a civil or criminal proceeding.
Defense attorney Christopher Shema, who serves on the board of the Indiana Public Defender Counsel, said federal court has long had the practice of providing an attorney to an arrestee before the person sets foot in a courtroom.
Shema said Criminal Rule 26 does not require a first appearance counsel, but the Indiana Supreme Court has said it is a best practice and recommends it.
More information about Criminal Rule 26 can be found online at www.in.gov/judiciary/iocs/3721.htm.
Lisa Trigg can be reached at 812-231-4254 or at lisa.trigg@tribstar.com. Follow her on Twitter at TribStarLisa.
