Middlesex County Working to Solve the Question of “Divert-to-What?” Through Stakeholder Collaboration

By: Peter J. Koutoujian, Danna Mauch, PhD

Diversion Frequent Jail Users Homelessness Interagency Collaboration Mental Health Substance Abuse December 2, 2021

For years we have witnessed an increase in the number law enforcement interactions with individuals in the community with unaddressed behavioral health challenges. Conversely, there remain far too few alternatives to unnecessary arrest or transport to the emergency department.

Middlesex County, in Eastern Massachusetts, is New England’s most populous county. Our criminal justice and behavioral health leaders recognized the need improve capacity and access to behavioral healthcare in the community. In 2018, the Massachusetts legislature created the Middlesex County Restoration Center Commission to develop a pilot that would help solve the “divert-to-what?” question. In Middlesex County, the sheriff’s office offers evidence-based programing and treatment for incarcerated individuals, but individuals should not have to go to jail to receive the services they need.

We are grateful to have recently been invited to join the Safety and Justice Challenge’s new IMPACT behavioral health cohort, to share some of the lessons we have learned, and learn from our partner jurisdictions in this impressive network. The Commission has just entered its fourth year of work, and our path forward will be made easier through this tremendous peer exchange opportunity.

One of the biggest lessons we have learned, and hope to pass along to our partner jurisdictions, is the importance of improving collaboration and communication across siloed fields like public safety and behavioral health. All too often, addressing behavioral health needs of the community remains in traditional agency siloes. From the sheriff’s office to mental health service providers and police departments to peer and advocacy organizations, it is only this kind of collaboration that is able to stop people from falling through the cracks.

Middlesex County has 1.6 million people with 54 different police departments spread across urban, suburban, and rural areas. We are fortunate to have the progressive leadership of our police chiefs focused on diverting individuals away from the criminal justice system and into treatment. Similarly, we are fortunate to have a health and human services community poised to step up to increase outreach and engagement, to partner with public safety, and to provide appropriate assessment, treatment, stabilization, and support services to affected individuals.

In an effort to shift the responsibility back to the behavioral health community, we knew it was necessary to develop a model that knit together services in a way that made them easily accessible to both the public and local law enforcement. We wanted to move away from the traditional model of stabilization and release from the emergency department. The Restoration Center will offer both stabilization as well as a comprehensive assessment to inform referral to treatment so the needs of individuals can be appropriately met. Our goal is not only to stop the cycle of unnecessary incarceration but also to help individuals stay healthy enough that they do not have to return to the center.

After years of planning and implementation our goal is to launch a pilot Restoration Center in 2022. We believe we are well positioned to launch the model we have developed in large part due to our commitment to the cross-sector planning process which started with identifying gaps in the delivery of behavioral healthcare, a cost-benefit analysis, and interviews with individuals with lived experience. Through our state legislature, we were successful in securing initial funding as well as a trust fund that will allow the Commission to accept third-party funding.

Now that the Commission’s 2022 budget includes $1 million in funding for the pilot – endorsed by a recent editorial in the Boston Globe, we can begin our work of identifying a provider. We continue to pursue additional funding to ensure that we can implement a full range of services identified as critical to the success of individuals who might otherwise be arrested or hospitalized.

The center will provide behavioral health services to individuals in mental health or substance use crisis. These services will help support ongoing law enforcement efforts across the county to divert individuals with behavioral health conditions from arrest or unnecessary hospitalization.

Local law enforcement and corrections have shouldered this burden for far too long, with over 70 percent of people in our Middlesex Jail & House of Correction having an open mental health case and 80 percent have a history of substance use.  Each and every one of these individuals receives treatment while incarcerated, but these are services that people should be able to access in the community. Our hope is that the Restoration Center will help stop the cycle of unnecessary incarceration.

We attribute a lot of the success of the Middlesex County Restoration Center Commission to the commitment of our diverse stakeholder group. It is not common to have a sheriff co-chair a legislative commission with the president of a mental health advocacy group. It is also unusual to get representatives of the 80 largest behavioral health providers at the county, police chiefs, the chief administrative justice of the trial court, and key state legislators at that table. And sustaining the focus on a challenging goal for over three years is the rarest thing of all. But that is what it takes.

Unfortunately, political will is often the hardest thing to secure. But we owe it to the people falling through the cracks to get it right.

Report

Data Analysis Diversion Featured Jurisdictions November 24, 2021

An Impact Evaluation Of The Misdemeanor Diversion Program in Durham County, North Carolina

Daniel S. Lawrence, Will Engelhardt, Storm Ervin, Rudy Perez, Urban Institute

In 2020 and 2021, with support from the John D. and Catherine T. MacArthur Foundation’s Safety and Justice Challenge Research Consortium, the Urban Institute conducted in-depth process and impact evaluations of the MDP, the findings of which we summarize in this report. By conducting both types of evaluations, the research team was able to better understand the processes and context that led to observed impacts. In addition, this is the first time a third-party research organization has evaluated the program’s impact, and such an evaluation is critical to demonstrating the program’s usefulness.

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New York, NY

Change in Jail Population 38%

Action Areas Bail Courts Data Analysis Diversion

Last Updated

Background

In 2018, New York City had the lowest incarceration rate of any large city in the country. Despite the city’s success in reducing the overall jail population, certain fundamental inequalities persisted in the jail.

People of color were overrepresented in the jail. Black and Latinx people made up a little more than half of the city’s population yet comprised nearly 90% of the local jail population from 2013 – 2018.

While the number of people in custody with behavioral health needs was falling, it was falling more slowly compared to the overall number of people in custody. In 2018, 43 percent of individuals in New York City jails had behavioral health disorders.

Strategies

Since joining the Safety and Justice Challenge, New York City has advanced a number of strategies to rethink and redesign its criminal justice system to make it more fair, just, and equitable for all.

01

EXPANDED SUPERVISED RELEASE

The city updated the program model for supervised release and conducted trainings to inform the courts on the changes. The updates included expanding program eligibility to allow a younger population charged with serious offenses and expanding the range of charges that were eligible. State-wide bail reform legislation, which passed in 2019, required further expansion of the supervised release program to be made available to all individuals charged with a crime, at the discretion of the court.

02

PARTNER VIOLENCE RESPONSE

Previously, incidents involving intimate partners were not permitted within the supervised release program. However, since bail reform legislation passed, and these individuals were now accepted by the program, a class specific to intimate partner violence (IPV) was developed and implemented to respond to the needs of this population. It encourages judges to allow defendants charged with IPV to participate in the supervised release program, as an alternative to jail.

03

DIVERSION TO SERVICES

The city has increased the use of alternatives to detention and incarceration for people in the jail. Specifically, the city expanded the uptake of diversion initiatives. To ensure people could be successfully diverted to these services, the city identified and addressed barriers to diversion in the arraignment process.

04

ENHANCED INFORMATION FOR JUDGES

The city has also worked to provide enhanced information to judges in arraignments, which has included updating a release assessment tool that offers judges the likelihood that the individual will make all court appearances.

05

NEW METRICS FOR SUCCESS

In light of criminal justice reforms, the city developed bail and discovery reform metrics. With the substantial changes made to state laws, these metrics can be used to track the implementation and progress of these reforms.

Results

As a result of the strategies above, New York City has made progress towards its goal of rethinking and redesigning its criminal justice system. The jail population has been reduced while keeping the community safe.

Quartery ADP for New York (2016-2024)

38.4% from baseline

More Results

Specifically, judges are using supervised release for a broader range of cases than they used to.

The city has built collaborations with other agencies, which has allowed the city to facilitate jail releases in response to COVID-19 while keeping the community safe and protecting public health.

Remaining Challenges

New York City is focused on addressing its remaining challenges in its local justice system.

With changes to the state-wide bail reform law, there is no longer a need to focus on expanding the supervised release programs. The challenge will now be to encourage judges to consider release for the more serious charges, for which bail still remains a legal option, and to continue to build out support services within the program.

The city has also been working to identify where racial and ethnic disparities occur in the justice system and will be working to address the issue going forward.

Finally, the COVID-19 pandemic has had a significant impact on every aspect of the city’s local justice system and continues to uniquely affect those incarcerated in local jails. The NYC jail population has seen a re-increase since the beginning of the pandemic, which requires a regular review of jail reduction approaches and their effectiveness.

The foundation of collaborative, data-driven strategies, including the necessary structures and collaboration from local stakeholders that are in place to support these strategies, has set the city up well to respond to the pandemic swiftly and effectively.

Lead Agency

NYC Mayor’s Office of Criminal Justice

Contact Information

Miriam Popper

Partners

Office of Court Administration, New York City, Criminal Justice Agency, Center for Court Innovation, CASES

Follow @CrimJusticeNYC

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Pima County, AZ

Change in Jail Population 6%

Action Areas Community Engagement Diversion Interagency Collaboration Pretrial Services Racial Disparities

Last Updated

Background

In 2014, the Pima County Adult Detention Center was nearing capacity. The county grappled with the decision to either build a new and bigger jail or find ways to safely reduce the jail population. With local jail expenditures amounting to roughly $66 million a year, this crisis had a direct impact on taxpayers.

Snapshots of Pima County’s jail population in 2011-2014 showed that more than 80% of people in the jail were typically being held while awaiting trial. The main drivers of the pretrial jail population, based on 2014 data, include warrants for failures to appear in court (93% of which related to underlying misdemeanor charges), misdemeanor charges like shoplifting and DUIs, and lower-level felony charges, such as possession/use of a dangerous or narcotic drug, possession of drug paraphernalia and aggravated criminal damage.

The 2014 data also showed that people of color were over-incarcerated in the county jail. Specifically, 9.6% of Black people were being held pretrial, compared with 3.3% of the county’s total population. In addition, 40.7% of Hispanic people were being held pretrial, compared with 35% of the county’s total population.

An impact was also felt by the county’s tribal communities. Native Americans made up only 2.4% of the county’s total population, but they represented 6.75% of the pretrial population, and 8% of those held in jail on failure to appear charges.

Finally, in 2014, mental illness and substance use affected an estimated 60% of the jail population in Pima County.

Strategies

Since joining the Safety and Justice Challenge, Pima County has advanced a number of strategies to rethink and redesign its criminal justice system so that it is more fair, just and equitable for all.

01

PRE-ARREST DEFLECTION

This pre-arrest deflection effort is a strategy chosen after a review of jail data showed that the Tucson Police Department accounted for nearly half of the total bookings in the Pima County jail. Instead of incarceration, the pre-arrest deflection strategy redirects individuals with substance abuse and/or mental health issues to community treatment resources.

02

EXPANDED PRETRIAL SERVICES

Pretrial Services expanded to include a substance abuse caseload, in addition to its established behavioral health caseload.

03

IMPROVED PROBATION PRACTICES

The Adult Probation Department of the Superior Court in Pima County changed its model to recommending jail stays for probation violations only as a final resort, after exhausting every other possible option to continue community supervision. Pima County Probation now accomplishes more to ensure successful community supervision and avoid probation revocations.

04

JAIL POPULATION REVIEW

The Jail Population Review Committee identifies people with felony charges who pose little risk to public safety and may be safely released from the jail while awaiting appearances before the Court. Thirty members meet weekly and represent county and city agencies, community treatment providers, peer networks, supportive housing providers, and community members. Case management strategies are identified and recommended.

05

STEPS DIVERSION PROGRAM

Supportive Treatment and Engagement Programs (STEPS) is a felony diversion program that launched in 2021. STEPS is a new pre-charging drug court program, aimed at offering participants an opportunity to connect with substance abuse treatment rather than cycle in and out of jail. STEPS has the potential to divert an estimated 500-700 pretrial defendants per year from criminal case processing.

06

COMMUNITY ENGAGEMENT

The county pledged to engage the community in reimagining its justice system. This included holding Tribal Listening Sessions; developing a trauma-informed mentorship program for young Black males; and creating a robust Community Collaborative comprised of justice systems leadership with community representatives to collectively transform the justice system.

Results

As a result of the strategies above, Pima County has made progress towards its goal of rethinking and redesigning its criminal justice system.

Quartery ADP for Pima County (2016-2024)

6.2% from baseline

More Results

From March 2019 to March 2021, over 1,200 individuals awaiting court appearances for felony charges were released through the efforts of the Jail Population Review Committee, either via modified conditions of release and community supervision or to residential housing or treatment. These releases equate to over 42,000 jail days reduced at a cost of $127.20 per bed day, adding up to savings in detention costs and a reduced average daily jail population.

Pima County Superior Court’s Enhanced Supervision program helped save an estimated 4,633 jail bed days for individuals in the first and second quarters of Fiscal Year 2020-2021, through more robust staffing and case management.

Pima County Adult Probation Department released their “Probation Strategy CQI Dashboard” for FY 2020-2021, demonstrating a variety of successes as a result of their strategies. Among those include a significant reduction in the numbers of Petitions to Revoke (PTR) filed. Fewer PTR’s filed result in fewer persons arrested on a probation violation warrant and booked into the county jail. Rather than file a PTR, probation officers work harder to reengage probationers and find solutions to barriers to success.

The county’s data collection and analysis efforts have improved with the placement of additional staff, providing data to the Tucson Police Department, a dedicated Data Coordinator for the Justice Services Department, and the Jail Population Coordinator. For example, the data analyst at the Tucson Police Department helped produce interactive data dashboards on a variety of topics including use of force, reported crimes, arrests, traffic collisions, traffic enforcement, and police activity, which will inform future strategies to improve practices within the justice system.

At the onset of the COVID-19 pandemic and due to staffing reductions, the county’s Community Collaborative group fell into a hiatus. The county revived this dynamic group in February 2021 and the focus shifted to seeking out the perspectives and recommendations from members, rather than providing information to members. The Community Collaborative developed an action plan with interrelated areas of work aimed at deepening the county’s connection to the broader community, particularly people who have been historically overrepresented in the justice system.

Remaining Challenges

Pima County is focused on addressing remaining challenges in its local justice system.

While progress has been made, issues of differing database systems, coding systems, and privacy persist, which makes data sharing among the stakeholders challenging.

Enhanced caseloads in Pretrial Services have not made much of a dent in lowering the jail population. The impact of judicial autonomy and decision-making was not factored in considerations of justice reform. When judges are unwilling to consider release recommendations, the best plans for reform can become stalled. Further, if courts do not collect data on judicial decisions, efforts to reduce racial, ethnic, and even income disparities become even more difficult to address.

The pandemic slowed Pima County’s Racial and Ethnic Disparities and Disproportionalities program. At the end of February 2021, the Community Collaborative began meeting monthly and reestablished its Racial Equity Community Action Team, a subcommittee whose purpose is to develop and implement a plan to engage the community through a series of Community Dialogues that will collaborate and coordinate with community organizers, identify gaps, and lead to policy recommendations to the County’s Board of Supervisors.

In order to sustainably support long-term strategies to reduce racial and ethnic disparities and disproportionalities in the justice system, while ensuring community voice and experience is incorporated into all Pima County’s justice reform work, Justice Services has hired a Community Engagement and Equity Specialist. This position, funded with General Funds, will lead the Community Collaborative, future Listening Sessions, and work to incorporate data-driven decision making into trauma-informed policy and programming.

Justice Services also contracted with a Tribal Engagement Specialist (member of the Tohono O’Odham Nation) to lead a series of Listening Sessions with two local tribes. Due to both shutdowns related to the pandemic, as well as cultural stigmas associated with discussing justice system involvement, the sessions struggled to yield results. Pima plans to revisit this strategy once pandemic restrictions are lifted, with future guidance from local experts who can inform a culturally-competent approach.

Last, the COVID-19 pandemic has had a significant impact on every aspect of the county’s local justice system and continues to uniquely affect those incarcerated in local jails. The foundation of collaborative, data-driven strategies, including the necessary structures and collaboration from local stakeholders that are in place to support these strategies, has set the county up well to respond to the pandemic swiftly and effectively.

Lead Agency

Pima County Administrator’s Office

Contact Information

Kate Vesely
kate.vesely@pima.gov

Mayra Ramos
Mayra.Ramos@pima.gov

Partners

Pima County Attorney’s Office, Pima County Public Defense Services, Pima County Sheriff’s Department – Adult Detention Complex, Pima County Superior Court, Pima County Adult Probation, Pima County Pretrial Services, Tucson City Court, City of Tucson Public Defender’s Office, City of Tucson Prosecutor’s Office, Tucson Police Department

Follow @PCSafetyJustice

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New Orleans, LA

Change in Jail Population 29%

Action Areas Community Engagement Diversion Pretrial Services Racial Disparities

Last Updated

Background

When the City of New Orleans joined the Safety and Justice Challenge in 2015, the city incarcerated nearly twice as many people each year as the national average and had a jail population of over 1,500.

Most people jailed (89%) in New Orleans were awaiting a disposition, meaning they had not been tried or convicted of a crime, and thus, constitutionally, were still considered innocent.

People of color were over-incarcerated in the jail. Black men were arrested at twice the rate of white men, while black women were arrested at 1.6 times the rate of white women. This racial disparity is carried over into who gets detained in the jail, where Black men (15-64 years old) comprised 88% of the jail population but only made up 19% of the total New Orleans population.

One of the biggest drivers of disparities in the New Orleans jail population concerned an individual’s ability to pay bail, and in Louisiana money bail is required for every charge upon arrest. Many people were incarcerated because they are poor, not because they pose a risk to the community.

Roughly 30% of the jail population were people with mental health issues and nearly 15% of the population reported a substance use disorder.

Strategies

Since joining the Safety and Justice Challenge, New Orleans has advanced several strategies to rethink and redesign their criminal justice system so that it is fairer, just, and equitable for all.

01

ACCESS TO DEFENSE COUNSEL

The Public Defender at First Appearance Initiative helps ensure that low and low-moderate risk defendants are not detained because of inability to pay. Research shows that judges are more likely to release defendants on their own recognizance and are more likely to reduce bonds to an attainable amount when defense counsel are present at first appearance. The initiative is supported by two attorneys and client advocates.

02

IMPROVED PRETRIAL SERVICES

Pretrial Services allow courts to make sound decisions to release people from jail while awaiting trial, without putting public safety at risk. The initiative includes the implementation of a Public Safety Assessment and expanding the use of Release on Recognizance. Also, the Community Supported Release initiative supports people with services (i.e., child care) to eliminate barriers that impact court date attendance.

03

COMMUNITY ENGAGEMENT

The Community Advisory Group (CAG) consists of 28 community members who are committed to holding criminal justice agencies accountable. The CAG members generously volunteer their time and effort to collaborate with public agencies and officials. Members include residents from across the city, social and legal professionals, university faculty members, victims of crime, and individuals with lived experience.

04

DIVERSION TO SERVICES

New Orleans’ Law Enforcement Assisted Diversion (LEAD) provides local police officers with the resources and support to divert an individual with mental illness, substance use, or social challenges, at the point of arrest to intensive case management and community-based treatment options. LEAD aims to reduce the recidivism of individuals with mental and substance use disorders. It will be expanding city-wide.

05

CENTERING RACIAL EQUITY

New Orleans’ approach to reducing ethnic and racial disparities within its justice system is three-fold: Use research best practices; conduct data collection and analysis on disparities using a decision point analysis and interactive data dashboards; and establish an Ethnic & Racial Disparity Working Group (see below).

06

RACIAL DISPARITY WORKING GROUP

The Ethnic and Racial Disparity Working Group sets specific, measurable, and achievable goals to reduce justice system involvement for people of color. The group includes half government agency and half community members. It analyzes disparities across the justice system; develops or adjusts strategies to bring a stronger equity lens; develops goals for reducing racial disparities; and evaluates impacts of the work.

Results

As a result of the strategies above, as well as other key strategies such as increased discretion for law enforcement to issue citations and the decriminalization of minor drug offenses, New Orleans has made progress towards its goal of rethinking and redesigning its criminal justice system, exceeding the population reduction targets it set out to achieve.

Quartery ADP for New Orleans (2016-2024)

29.1% from baseline

More Results

The Sandy Krasnoff Criminal Justice Council, the Jail Population Management Subcommittee and the City Council’s Criminal Justice Committee have been actively leading initiatives that have manifested system change in New Orleans to date. Stakeholder buy-in has been instrumental in successful implementation of many of the Safety and Justice Challenge reforms.

New Orleans’ Average Daily Population in the jail has been further impacted by initiatives to reduce the average length of stay for low-risk felony defendants, increase the use of Release on Recognizance (RORs), facilitate risk-based decision making, invest in first appearance advocacy, and conduct bond reviews. This strategy led to a 40% increase in RORs for lower-risk defendants at first appearance, and a 47% increase in the proportion of lower-risk defendants released within three days.

Remaining Challenges

New Orleans is focused on addressing its remaining challenges in its local justice system.

In New Orleans, COVID-19 brought many challenges, while also illuminating and creating an environment that encouraged further and more inventive and adaptive system reform. During the pandemic, the New Orleans jail population dropped to historic lows, which demonstrated that incarceration could be successfully minimized, and without sacrificing public safety.

The strategies have shifted as the pandemic has progressed. The pretrial services program enrolled more individuals, most individuals successfully completed the prosecutorial diversion program, and the 2021 Diversion Program expanded eligibility criteria to divert more people. The public defenders and criminal court judges continue to work to ensure that more individuals are released on no- or low-bond amounts, and stakeholders have regularly met on a monthly basis to continue to respond to new challenges, such as court case backlogs due to COVID-19 prohibiting jury trials.

The city’s challenge now is to sustain positive measures beyond the immediate crisis.

Lead Agency

Office of Criminal Justice Coordination

Contact Information

Commissioner Tenisha Stevens

Partners

New Orleans City Attorney, New Orleans City Council, New Orleans Health Department, New Orleans Municipal & Traffic Court, New Orleans Police Department, Orleans Parish Criminal District Court, Orleans Parish District Attorney, Orleans Parish Sheriff’s Office, Orleans Public Defenders, New Orleans SJC Community Advisory Group, Mayor’s Office Human Rights and Equity, Vera Institute of Justice's New Orleans, Operation Restoration, Foundation for Louisiana, Total Community Action, First 72Plus

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