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Proceedings the Symposium On If you have issues viewing or accessing this file contact us at NCJRS.gov. PROCEEDINGS THE SYMPOSIUM ON ( . PRETRIAL SERVICES 1981 a SPONSORS OF THE 1981 SYMPOSIUM ON PRETRIAL SERVICES PRETRIAL SERVICES RESOURCE CENTER) WASHINGTON) DC Madeleine Crohn~ Director Bruce Beaudin~ Chairman~ Board of Trustees MINISTRY OF THE SOLICITOR GENERAL CANADA The Honourable Bob Kaplan~ SoZicitor General ONTARIO MINISTRY OF CORRECTIONAL SERVICES The Honourable Nicholas Leluk~ Minister ONTARIO MINISTRY OF COMMUNITY AND SOCIAL SERVICES The Honourable Frank Drea~ Minister Funding for the 1981 Symposium on Pretrial Services and for these Proceedings was provided by the U.S. Department of Justice, Law Enforcement Assistance Administration under its grant #79-MU-AX-0033 to the Pretrial Services Resource Center, and by the Solicitor General Canada, the Ontario Ministry of Correctional Services, and the Ontario Ministry of Community and Social Services. Additional copies of the Proceedings can be requested of the: Pretrial Services Resource Center Consultation Centre 918 F Street N.W., Suite 500 Ministry of ·the Solicitor General Washington, D.C. 20004 2 St. Clair Ave. West, Suite 12A8 Toronto, Ontario, M4V lL5 Proceedings of the Symposium on Pretrial Services 1981 Park Plaza Hotel Toronto, Ontario July 26-29, 1981 U.S. Department of Justice 143467 National Institute of Justice f.f I This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this "'~ material has been granted by / Public Domain LEAA u . S. Department of Justice to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission of the ~ owner. Edited by Ann Jacobs ACKNOWLEDGEMENTS The 1981 Symposium on Pretrial Services and these Proceedings are the work of many. The Symposium sponsors would like to thank everyone whose efforts contributed to the success of this joint effort between Canada and the United States: members of the Planning Committee, advisors to the project, faculty, and volunteers. It should be noted that it was not possible to tape the Symposium sessions. Therefore, the summaries in this publication are based on the notes and recollections of a number of people. Ive hope the reports are largely accurate and will be useful to readers. We regret if there are significant omissions or errors. The people who made time available to produce this report include: Michael Bassett Gerald Mills Janice Bergin Dorothy Mills Dee Durkot Timothy Murray Barbara Dye Jerry Needle Elizabeth Gaynes Kathy Q'Boyle John Greacen Don Pryor Kathryn Harley Mary Ruth Gerald Hoffman Mary Sonnichsen Alan Henry Paul Sonnichsen Derek Jeffreys David Solberg Michael Kirby Brian Snyder Sherry Kulman Alan Teichroeb Sarah Lawley Helen Vail Special credit is due Roseanna Kaplan, Susan Lee, Alison Molloy, and Sandra Wolfe for the considerable time and care they took in writing and editing portions of the work. Ann Jacobs Editor TABLE OF CONTENTS Introduction ............. "... 0 •••••••• . 1 Opening General Session .............. ·3 It's Debatable: Financial Conditions of Release Should Be Abolished .....•.... 5 It's Debatable: Restitution and Community Service Are Not Acceptable Conditions of Pretrial Diversion ...•..••..•....•.• 7 It's Debatable: Pretrial Services Programs Exacerbate the Problems They Should Resolve.. ••.•.•.•... 9 Special Luncheon Session............. .•.. 11 The Politics of Jail Overcrowding... ..13 Overcrowding: A State and Local Responsibility.. .•.•.• ..15 Maximizing the Use of Citations............................... ..17 Should the State of Ames Adopt Preventive Detention Legislation? •. 19 Pretrial Release, Danger, and the Appellate Courts... • • • . .21 Pretrial Release, Danger and the Legislature......... ..23 Bondsmen: What Place in the System?... ......... ............ ..25 Building a Constituency for PretriaL.. • • • • • • . • . • . • . .27 The Problem with Supervised Release... ..•••••..••••• • .29 u. S. Release Practices--How Can They Be Improved? .•..••.•.••••..••.••••.• 31 Alternative Methods of Release Decision-making •••••••.•.•.•••.••.•.•••••.•• 35 Accreditation of Release Systems.................. •••••••.•••••••••••. .37 Pretrial Diversion Practicies and Research............................... .39 Restitution: What Does It Mean to the Offender? •••••••..•••..••••...••••••• 43 An Appropriate Use of Community Service ..••••..•.•.•.•••••••••..•.•.••.•••.•• 45 Dispute Resolution as an Alternative to Court....................... ..47 Community Corrections: Implications for Pretrial Services •••••....••.•.•.••• 51 Highlights of Criminal Justice Reform........... • •••••••.•..•••••.• 55 Pretrial and the Judiciary ........... c •• II ••••••••••••• II II II ••••••••••••• . ... 57 Pretrial, the Prosecution, and the Defense ••••.•••••••..•. .. 61 Discrimination and Its Implications for Criminal Justice .•• . .. 63 Federal Update." .......................... • •• 65 Prescriptions for Jail OvercrOwding •••••••. • .• 67 Pretrial and the Judge .••...•.•••••.•.•••.. ... 69 The Role of the Crown and Defense at the Pretrial Stage .• ..71 Pretrial Diversion Practices ••.•••.•..••. ..73 Public Service Through Private Citizens (Privatization or Purchase of Services) •••.•.••• . ..... 75 Racism and Pretrial Services •..••...•.••••.•• ..77 Pretrial and Native Peoples •••••••••••••••••• ..79 Police Discretion •••••••.•..•••.•••.••••••.•• . .81 Communication de la Preuve (Pretrial Discovery) •••• · .. 83 The Bail Reform Act: An Unwritten Prevention Detention Statute ••• · .. 85 Alternatives to Secure Detention of Juveniles...................... • •• 87 Juvenile Justice and Children's Rights... •••.•••••••••••••••••••• 89 Non-secure Juvenile Facilities.... ••••.• ••••••••.••• ..91 Pretrial Assessment and Treatment. • • • • • • . • • .93 Canadian Bail Reform Act........... .~ .............................. 95 Legal Aid and Pretrial Services.... • .•..•••••••••••••••••••••• 97 Creative Use of Volunteers ................................................... 99 Young Offenders Legislation •••.••••••••••••• • ••.•• 101 Residential Alternatives to Detention •••••• • .105 Alcohol and Drug Abuse Issues in Pretrial. • ••••• 107 Victim Issues ............... • ••••• 109 De-Mystifying Cost Analysis. • •••• 111 International Perspectives on Pretrial Services. .113 Closing General Session •• .117 Appendices .............. .119 Symposium Program ••••• .1 21 Luncheon Address--Hon. Nicholas Leluk •• .131 Closing Address--Hon. Bob Kaplan •••• .135 Canadian Lexicon. • .139 U. S. Lexicon •• • .149 Evaluation Form INTRODUCTION The 1981 Symposium on Pretrial Services was held July 26-29, in Toronto, Ontario. It was the fifth major training conference to be sponsored by the Pretrial Services Resource Center with funding from the United States Department of Justice, Law Enforcement Assistance Administration (LEAA). It was the first, however, to have a dual Canadian and American focus. The 1981 Symposium was special in that it was co-sponsored by the Ministry of the Solicitor General Canada, the Ontario Ministry of Correctional Services, and the Ontario Ministry of Community and Social Services. Assistance was also provided by the Department of Justice Canada and the National Association of Pretrial Services Agencies (NAPSA). The Symposium program was developed by a Canadian Planning Committee and the Resource Center based on information from more than five hundred responses to a planning questionnaire. Attendees included Canadian and American pretrial prac titioners, courts and corrections officials, researchers and planners, and other policy makers. Through a series of general sessions, debates, workshops, training seminars, and discussion groups, participants explored the exercise of discretion in pretrial matters, the adminis tration and deli very of pretrial services, policy making and the allocation of resources to pretrial within the criminal justice system, and related evaluation and research concerns. These Proceedings are not a comprehensive record of the Symposium but, rather, highlight some of the issues which were discussed in the major sessions and the workshops. The series of sessions that dealt particularly with American concerns are denoted with a star. Reports on the parallel program that focused on Canadian issues are identified by a maple leaf. Some sessions are not covered either because the format was not amenable to reporting (Peer Discussion Groups and Professional Development Seminars) or because sufficient information on the session was not available with which to develop a summary (Removing Juveniles from Adult Jails, Relocations on Pretrial Services: Their Past, Present and Future). The Canadian workshop on the Appropriate Use of Community Service and Restitution Orders was cancelled at the last minute due to faculty illness. The Major addresses by the Honourable Bob Kaplan, Solicitor General of Canada, and the Honourable Nicholas Leluk, Ontario Minister of Correctional Services, are included in their entirety in an appendix. Texts of speeches by the Honourable Frank Drea, Ontario Minister of Community and Social Services; Dr. Irvin Waller; and Jeffrey Harris, of the U. S. Department of Justice, were not available for printing. A lexicon of terminology related to both the Canadian
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