Alameda County’s presiding judge has asked supervisors to approve a further $3 million to preserve a pretrial services programme that helps people awaiting trial in the community, warning that a proposed takeover by the probation department could leave thousands without support.
Judge Michael Markman said the seven-month-old Pretrial Expansion Programme, which is due to lose its current funding on December 31, had improved court attendance and reduced reoffending among defendants released from custody.
The dispute centres on whether the service should continue to be run through the court with case managers from Berkeley-based charity Building Opportunities for Self-Sufficiency (BOSS), or be replaced by a new model operated by Alameda County’s probation department.
Judge seeks another year of funding
The existing programme was launched in February with a one-year, $3 million contract. It offers temporary accommodation, food vouchers, public transport assistance and help with mental health, substance misuse, benefits and employment to people facing criminal charges while they await trial.
More than 500 people have been enrolled, although only about 600 of the county’s estimated 4,000 out-of-custody defendants are currently receiving assistance.
In a report published by the Alameda County Superior Court, officials said 180 people had secured stable housing and almost 200 had entered substance misuse treatment. The court said the rearrest rate among people receiving support was 18 per cent, compared with more than 40 per cent for a similar moderate-risk population before the programme began.
The court also reported that participants were attending hearings at a rate about 50 per cent higher than people who were not receiving pretrial services.
Markman has urged the Board of Supervisors to extend BOSS’s contract for another year so the scheme can be properly assessed. The county’s original procurement documents said the programme was intended to provide community-based case management and support for up to 2,000 people.
“We’re very concerned it will be a big step backwards,” Cory Jacobs, the county’s pretrial services programme director, said.
Probation department proposes alternative
Brian Ford, Alameda County’s chief probation officer, has instead proposed replacing BOSS case managers with 19 civilian employees from his department.
The plan would provide courthouse-based intake and refer participants to existing county services, including housing, behavioural health, substance misuse treatment, benefits and employment support. Probation officials say the proposal is intended to improve co-ordination and avoid duplicating services already available elsewhere in the county.
Albert Bañuelos, the department’s deputy director of strategic affairs, said the alternative model remained under discussion and had been developed with the Sheriff’s Office, behavioural health, housing and social services officials, as well as other public safety partners.
He also pointed to state requirements concerning the use of community organisations and labour consultations when county agencies contract out services.
However, Markman has described the proposed timetable as unrealistic. In correspondence circulated to supervisors, he questioned why the county would seek to replace a programme after less than a year, before the planned evaluation by Harvard University researchers could take place.
“Rushing to re-create in three months a replacement pretrial services ‘model’ that will likely cost millions more than the current programme, and that provides a level of services well below that which the current programme provides, is the very definition of bureaucratic insanity,” he wrote.
A review of public salary information by the San Francisco Chronicle found that the 19 proposed probation positions could cost more than $3.5 million in pay and benefits alone, according to Markman’s estimates. He has also said the alternative would serve almost 500 fewer defendants.
The judge argues that people awaiting trial should not be treated in the same way as those who have already been convicted, saying the court’s programme is designed to help defendants remain stable in the community and attend their hearings.
Supervisors yet to choose a model
County supervisors have so far stopped short of endorsing either proposal. Several have said pretrial support is important, while calling for further discussions about cost, accountability and the level of services that should be provided.
Supervisor Lena Tam said the probation department’s draft reflected collaboration across several county agencies. Supervisor Nikki Fortunato Bas said she remained committed to the existing programme and that any changes should be subject to rigorous evaluation.
The programme’s funding comes from money allocated to Alameda County under California’s criminal justice realignment arrangements, rather than from its general fund.
The question has become more pressing as changes in California bail law mean more defendants are being released on their own recognisance or on bail they can afford while awaiting trial.
Markman said the county’s priority should be ensuring that people released into the community have the practical support needed to reach court, access housing and treatment, and avoid further arrests.
“It’s every judge’s worst nightmare when you release somebody and they reoffend while they’re out on bail,” he said. “We want people to go about their lives and get to their court dates, try their case and resolve their case so they can move on with their lives.”
