Tools for Safe and Smart Bail System Changes: Data and Technology
This is part of the “Tools for Safe and Smart Bail System Changes” series. Read the introduction and view other posts here.
What are they?
Technology and data integration can play a crucial role in modernizing and improving the justice system. Data is the raw facts and figures collected, and technology is the tools and applications that process that information. Technology can include data infrastructure, hardware and devices, and computer or phone applications. Data and technology can be used to improve efficiency or effectiveness within a system.
In the current “Information Age,” with the ability to instantly access knowledge, most communities still struggle to properly integrate data and technology into their pretrial justice system. Without it, however, evaluating the effectiveness of policies and programs to reduce failures to appear in court or criminal activity becomes more like guesswork.
Beyond general data collection, specific statistics for pretrial supervision, pretrial support, and pretrial detention (whether by preventive detention or cash bail) are often lacking. This has created an information gap around pretrial success and failure and has made research on effective support and practices incredibly difficult.
Similarly, there is a notable absence of technological advances intended to enhance efficiencies in pretrial administrative tasks and data analysis. Such tools aim to streamline processes, allowing more time to focus on decisions of importance, and provide insights for informed decision-making on tactics to increase public safety and accountability.
Data processing, analytics, and innovative tools in the context of bail and pretrial outcomes include:
| Tool | Detail |
|---|---|
| Information Sharing | Sharing relevant data across criminal justice agencies through one central system or interoperability protocols for consistent exchange. This integration ensures that key details about a defendant—such as pending charges, criminal history, court appearances, and rearrests—are readily accessible to relevant stakeholders. |
| Electronic Case Management | Advanced systems enable courts, law enforcement, and other involved parties to access and share case-related information in real time. Streamlining pretrial cases in this way can reduce paperwork, minimize errors, and accelerate the judicial process. These tools also facilitate service coordination, reporting, remote monitoring, communication with clients, assessment, intervention, and follow-up. |
| Data-Driven Performance Management | Using data analytics to assess and refine assessment tools, inform judicial decisions, and continuously monitor outcomes. By leveraging comprehensive data analysis, authorities can identify successful strategies, reduce biases, and optimize resource allocation. Through a continuous feedback loop, data-driven practices also ensure that pretrial release policies evolve in response to community needs. |
| Automated Systems | Automated systems can ensure better oversight and swifter response times by efficiently communicating court dates, support referrals, and bail condition compliance status. Routine paperwork can also be automated to streamline the process, save staff time, and improve alignment between the defendant and all system stakeholders. |
Other types of technology, such as automated court reminders and electronic monitoring devices, are discussed in Part III of this series; Part II details predictive analytics via pretrial risk assessments. Research into the outcomes of other novel innovations in the field, such as using artificial intelligence to screen charges for sufficient evidence or ensure timely contact with victims, is currently limited.
What concerns do they address?
Data is invaluable to the government as it strives to evaluate and enhance pretrial outcomes. Analyzing specific pretrial information and statistics in real time enables decision-makers to gauge the effectiveness of their processes and policies, pinpoint areas requiring adjustment, and enhance overall outcomes. Pretrial practices are costly for communities that invest dollars into jails, pretrial supervision, and public safety as well as for individuals who are not yet convicted but still face negative consequences like testing, monitoring, or detention. Systematic testing and continuous monitoring of the influence of these adjustments on pretrial success can help agencies enhance public safety and better protect personal liberty through the pretrial period.
But data is often scattered in silos, such as in law-enforcement or court systems that are unable to easily transfer data from one to the other. Many communities, especially rural ones, still struggle with technology adoption. Yet without proper technology to streamline information-sharing, data can become moot. Data and technology can help create equitable practices by reducing biases and ensuring decisions are grounded in objective information. Data facilitates a more comprehensive understanding of jail populations, offering insights that can better inform changes and contribute to more targeted interventions with better outcomes. It can also allocate resources more efficiently, directing attention to higher-risk defendants. Continuous data collection also aids in program evaluation, supporting the development of evidence-based practices and contributing toward overall success in getting people to court hearings and helping them remain law-abiding.
Harnessing the power of data and technology can also boost efficiency and streamline processes within the pretrial system. Too often, defendants experience setbacks stemming from miscommunication or inadequate planning. Cases can also be delayed due to burdensome administrative tasks and staffing shortages. Automation tools foster consistent communication and expedited case processing, which can reduce failure-to-appear rates, shorten jail time (lessening the chance of collateral consequences), and ultimately optimize operations.
Are they effective?
While the effectiveness of certain uses of data and technology—such as leveraging data to better inform decisions and automating processes to save time and resources—is intuitive, several local success stories highlight the impact of data and technology within pretrial systems.
| Location | Type | Summary |
|---|---|---|
| Harris County, Texas | Information Sharing and Electronic Case Management | To combat an exploding caseload with insufficient resources, Harris County Pretrial Services implemented a new system to provide real-time compliance data for defendants released pretrial. This allowed judges to monitor and adjust the intensity of pretrial conditions through the course of a defendant’s supervision period. It also helped pretrial staff and judges quickly identify defendants who could shift to less demanding conditions as well as respond to rule violations faster. Supervision conditions were lightened for over 2,000 defendants during the pilot period without any negative impact on compliance or rearrest rates. |
| Cass County, Indiana | Electronic Case Management | In 2018, Cass County Court and Pretrial Services (CCCPS) introduced several evidence-based pretrial changes including tracking voluntary support referrals for individuals under pretrial supervision. CCCPS was soon able to double participation in voluntary support services, with less than 3 percent experiencing supervision revocation. These improvements, along with effective monitoring of pretrial outcomes, have increased the number of people benefiting from pretrial services. Meanwhile, rearrest and flight rates remain extremely low, resulting in significant cost savings for the county. |
| Adams County, Colorado | Data-Driven Performance Management | In 2015, over 60 percent of inmates in Adams County jail faced mental illness. To tackle this crisis, the local Criminal Justice Coordinating Council created a dashboard and analytical tool to facilitate information exchange between the jail and the Community Resource Center. The tool merged data between jail custody and behavioral health and provided real-time data for this subpopulation, revealing higher rebooking rates (48 percent versus 29 percent) and longer stays (40 days versus 31 days) for those with serious mental illness compared to the general population. |
| El Paso County, Texas | Data-Driven Performance Management | El Paso County utilizes a data dashboard to track justice system trends like pretrial outcomes, rearrests, failures to appear, and diversions. Key stakeholders meet to discuss the findings, leading to immediate improvements. Data has revealed insights like the correlation between longer jail stays and a higher likelihood of rearrest, which has influenced pretrial release decisions. It has also allowed the county to track impacts, such as a reduction in violent crime and the minimization of racial disparities, following the elimination of a money bond schedule. Additionally, data has identified courtroom backlogs, allowing for case reallocation to expedite processing. |
What challenges or concerns do they present?
Criminal justice case management and information-sharing systems can present privacy and security challenges due to data sensitivity. For this reason, it is necessary to establish policies and protocols to uphold the confidentiality and rights of pretrial defendants, criminal justice professionals, and others. Robust encryption and authentication measures are also essential.
In addition, the costs and resources involved in collecting data or implementing technology can be prohibitive. Careful planning, budgeting, and evaluation of hard costs, employee time, and ongoing subscriptions are necessary. Technology can produce long-term savings, but the continuous evaluation of costs and benefits is essential to gauge the overall return on investment.
Lastly, challenges with user adoption and satisfaction can hinder the effectiveness of data and technology within the criminal justice system. Thoughtful design, training, and support involving the input and feedback of system stakeholders is important. Technology that is user-friendly, reliable, and relevant ensures successful implementation and longevity of the effort.
Conclusion
The integration of technology and data-driven approaches represents a significant step forward in enhancing the pretrial system and bolstering public safety efforts. Harnessing the power of innovative solutions like data sharing, electronic case management, data-driven performance management, and automated systems promotes fairness, efficiency, and accountability throughout the pretrial process. It is important to remain cautious and to safeguard privacy and confidentiality when embracing these advances. By modernizing systems and using data to inform decisions, cities can pave the way for more just and secure communities.