1400 N. 14 th Street, 12 th Floor Arlington, VA 22209 Phone: 703-414-5477 Fax: 703-842-8665 www.jmijustice.org Franklin County Justice System Business Process Analysis Executive Summary
Franklin County is one of six growing counties in Pennsylvania, located on the south central border with Maryland. Franklin is a fourth class 1 county with approximately 150,000 2 residents, 7 boroughs, 15 townships and numerous villages. The Board of County Commissioners of Franklin County, Pennsylvania, in cooperation with the Court, commissioned the Justice Management Institute in September 2013 to provide a business process analysis of justice system case processing. The justice system is geographically focused around the courthouse and courthouse annex at the center of Chambersburg, the county seat. Other key justice facilities include seven Magisterial District Courts, located in one-judge courthouses around the county, adult probation and the jail located north, and the Day Reporting Center, west of Chambersburg.
Franklin County is seeking solutions to streamline and improve processes and utilizing data to maximize efficiency, effectiveness and resources associated with the Countys judicial functions for criminal court [and family casetypes]. Franklin County goals to be addressed by the analysis will directly impact criminal justice stakeholders, including departments, offices and operations inside and outsidethe county organization:
Goal 1: Streamline and improve automated systems and processes Goal 2: Identify and improve data for effective decision-making Goal 3: Streamline and improve manual systems and processes Goal 4: Improve efficiency and functionality to make a major, positive impact on service delivery
The justice system includes criminal, family, juvenile and civil matters. The Franklin County Criminal Justice Advisory Board (CJAB), which is co-chaired by the Chairman of the County Commissioners and the President Judge of the Court of Common Pleas, is responsible for review and advice over criminal and juvenile delinquency matters. The CJAB includes membership from all criminal justice stakeholders. Policy governance over civil, family and juvenile dependency matters rests almost entirely with the President Judge and the judges of the Court of Common Pleas, with collaboration from the local Bar Association. The study primarily focuses on criminal, family and juvenile matters.
1 A fourth class county has a population of 145,000 to 209,999 residents. 2 2010 U.S. Census Bureau = 149,618 residents. 2013 estimate = 152,085, a 1.6% increase (.5% per year) since 2010. The Justice Management Institute 2
Franklin County Justice System Business Process Analysis Franklin County Innovation and Accomplishments The Franklin County justice system is strong. Key examples of creative innovation and accomplishments in the recent past include the following:
Criminal Justice Advisory Board (CJAB). The formation of the CJAB in 1999 was key to establishing active collaboration among justice system stakeholders, the residual effects of which transcend criminal and juvenile delinquency matters. County leadership, the courts, and all justice agencies are skilled at communicating and working together.
Early Accountability Program (EAP). Central court was established more than ten years ago, but since September 2013, the Court of Common Pleas has been scheduling plea hearings immediately after Central Court to expedite early disposition of cases where the District Attorney and defendants and the Public Defender or defense counsel negotiate a plea agreement. The program has raised challenges regarding early discovery and fact-finding, but these should be addressed following evaluation and review.
Alternatives to Incarceration. The County has established a number of effective diversion and alternatives to incarceration programs, including the Day Reporting Center to assist with early reentry of incarcerated defendants, jail diversion, and intermediate punishment, among others.
Juvenile Justice. Franklin County is a Pennsylvania leader in juvenile justice, including participation as a study county in a 2009 Pennsylvania Commission on Crime and Delinquency (PCCD) evaluation project. Innovative programs include juvenile accountability programs and the provision of high quality legal defense. See the PCCD report 3 for Franklin County, which illustrates improvements in most performance measures over the last three years.
Criminal and Summary Clearance Rates. The justice system is generally keeping up with criminal case filings. The clearance rate for the Court of Common Pleas in 2012 was 101%. 4 The clearance rate for the Magisterial District Courts (MDC) in 2012 was 93%. 5 While not as positive for the MDC, it is highly likely that results are due to data entry anomalies. 6 See Table E1 and Chart E1 for a summary of the data across all casetypes.
3 http://www.pccd.pa.gov/Juvenile-Justice/Pages/PAYS-for-2013---County-Reports-.aspx#.U6nKLrFBlFU 4 2012 Court of Common Pleas criminal casetypes: 2,552 dispositions/2,531 filings = 101%. Clearance rate is a standard measure of keeping up with filings. The goal is 100% clearance rate. Note that 2013 data are not yet available for the Court of Common Pleas. 5 2103 Magisterial District Courts criminal casetypes = 2,457 dispositions/2,641 filings = 93%. 6 All criminal cases are disposed or bound over from the Magisterial District Courts to the Court of Common Pleas in a very short time span. A 93% clearance rate is more indicative of data entry or recording delays on dispositions. The Justice Management Institute 3
Franklin County Justice System Business Process Analysis Table E1 Franklin County Magisterial District Courts 2013 and Court of Common Pleas 2012 Filings, Dispositions, and Clearance Rates 7
Court of Common Pleas 2012 Filings 2012 Dispositions Clearance Rate Criminal 2,531 2,552 101% Civil 1,274 476 37% Family 3,754 3,820 102% Divorce 542 534 99% Adoptions 49 48 98% Relinquishments 58 55 95% Appointment of Guardians 19 16 84% Custody/Visitation 296 304 103% Spousal and Child Support 3,218 3,303 103% Protection from Abuse 114 94 82% Juvenile Delinquency 321 316 98% Juvenile Dependency 165 149 90% Active Dependent 94 93 99% Adjudicated Dependent 71 56 79% Total 8,587 7,847 91%
7 Source: Caseload Statistics, Unified Judicial System of Pennsylvania. Note that 2013 data were not yet available for the Court of Common Pleas. The Justice Management Institute 4
Franklin County Justice System Business Process Analysis Chart E2 Franklin County Justice System 2013 (MDC) and 2012 (CCP) Clearance Rates 8
8 Note that the de facto national and international standard for clearance rates = 100% is rooted in the principal that resolving fewer cases than are filed over a period of time (month or year) will begin to accumulate a backlog and adversely affect the ability for judges to devote sufficient time to adjudication. The greatest collateral impact is often case delay. Most justice systems effectively fluctuate between 97% and 103% clearance. 93% 97% 92% 96% 101% 37% 98% 90% 102% 0% 20% 40% 60% 80% 100% 120% M D C
C r i m i n a l M D C
S u m m o n s C a s e s M D C
C i v i l M D C
L a n d l o r d T e n a n t C C P
C r i m i n a l C C P
C i v i l C C P
J u v e n i l e D e l i n q u e n c y C C P
J u v e n i l e D e p e n d e n c y C C P
F a m i l y Goal = 100% Clearance Rate The Justice Management Institute 5
Franklin County Justice System Business Process Analysis Franklin County Challenges The justice system in Franklin County, while organizationally strong, is negatively impacted by systemic and structural bottlenecks and problems. Inefficient processes have evolved over many years. The benefits of more and better data to help decision-makers have not been fully realized. Examples of improving data for effective decision-making include recidivism studies of DRC participants. 9 In large part, the challenges are deeply rooted in our governmental structure, which fragments power and is inefficient by design.
Criminal casetypes
Lack of effective system-wide data on criminal cases. Assessment of system dynamics on individual cases and for each casetype from crime, arrest by law enforcement, to bail and probable cause hearings, to mandatory arraignment and adjudication, through supervision requires analysis of data from multiple systems. System-wide data will be much more accessible through the new Unified Case Management System (UCMS) 10 modules. The goal will be to build easy-to-use analytical tools to understand the linkages and outcomes.
Time to disposition due to continuances on criminal cases. For criminal cases in the Court of Common Pleas, 16% (116) of active pending cases on January 1, 2013 were older than 360 days. Pennsylvanias time standard for jailed defendants is 180 days and for bail defendants is 360 days. Elapsed time is not counted for continuances requested by the defendant or waivers of prompt trial by the defendant (see Rule 600)
Representation at Central Court. The Early Accountability Program is a key innovation to criminal justice case processing events. System-wide improvements in providing arrest reports and other discovery by law enforcement earlier in the process will enable defendants and defense counsel to reasonably negotiate pleas with the prosecutor.
Inadequate pretrial screening and supervision alternatives. Currently, no pretrial risk screening is utilized to help inform Magisterial District Judges about pretrial bail or detention decisions. District judges may also be more inclined to consider bail and/or release decisions that include supervision alternatives that increase the likelihood of compliance. Supervision alternatives include pretrial case management contact, court date reminders, drug testing, electronic monitoring (GPS supervision), day reporting, work release, and/or treatment referrals. While each of these alternatives involve cost, they are a fraction of the cost of pretrial detention.
Criminal, family, juvenile and civil casetypes 9 These types of studies, though, are not normative. They are not built into the data collection and reporting process for all types of outcomes. 10 Designed, built and owned by the County Commissioners Association of Pennsylvania (CCAP). The Justice Management Institute 6
Franklin County Justice System Business Process Analysis
Fragmented technology. The report documents 19 different core mission applications supporting numerous justice system operations in Franklin County. Other than the case management systems that support the Court of Common Pleas (CPCMS) and the Magisterial District Courts (MDJS), which are fully integrated, almost no other system shares data or is integrated. This problem is being addressed to a large degree through the implementation by the County Commissioners Association of Pennsylvania of a new Unified Case Management System (UCMS) that will provide an integrated case management platform for Adult Probation, the District Attorney, and the Jail. A module of UCMS is also planned for the Public Defender in 2015/16. As important, UCMS is planned to provide disposition and calendar information from the two state-owned 11 court systems, CPCMS and MDJS. Critical to the future success of the new UCMS system will be effective planning for adoption and use of the systems, staff training, and understanding how to leverage the systems to reduce paper-driven processes.
Overwhelming paper-driven processes. Almost all business transactions in the justice system continue to be paper-driven, in addition to requiring electronic data entry and record keeping. This is due in large part to historical reliance on hardcopy forms and ink signatures, especially for legal documents, filings, and court orders. Inefficiencies are exacerbated by the following shortfalls:
1. Little to no use of electronic document management for transactional purposes. Most electronic documents are primarily for archival purposes. The only core system in place with electronic document management is Infocon for civil and family case management, used primarily for archival purposes. In the Magisterial District Court, recent rules changes permit the use of electronic (imaged) documents for archiving until retention. The state case management systems, CPCMS and MDJS, do not include a document management module. The new UCMS includes document management, but it is not a robust document management system. No provisions have been made for integration with county-wide imaging or document management resources. Justice system stakeholders repeatedly cited the lack of electronic motions and orders and close to real time transactional use as key drivers of business process delay.
2. Repeated data entry into multiple systems. Because of the historical fragmentation of technology, the same information is entered into different systems multiple times. The new UCMS will reduce the amount of repeated data entry, but only if effectively implemented. The best example of this problem is the following:
The complaint and affidavit of probable cause from law enforcement include most case initiation information about an arrest or summons, the defendant(s), charges and potential evidence. The same information is separately entered into the 11 Owned by the Administrative Office of the Pennsylvania Courts (AOPC). The Justice Management Institute 7
Franklin County Justice System Business Process Analysis following systems: law enforcement field reporting and arrest reporting systems; jail management system; Magisterial District Judges System; prosecutor management; public defender case management; and adult probation case management.
3. No electronic filing is in place for criminal and family cases. Electronic filing has been implemented for traffic citations from the Pennsylvania State Police, and by the Register of Wills and Recorder for deeds. Electronic filing is rooted in the principle that the information, forms, and documents needed to initiate a case and to provide a mechanism for the filing of motions and the notification of parties regarding court dates and orders starts with the litigants and attorneys who bring a dispute or charges to court. In criminal cases, it starts with law enforcement complaints and citations. Currently, only traffic citations are filed electronically by the Pennsylvania State Police (PSP). All other opportunities to electronically initiate or manage cases in civil, criminal, family, and juvenile cases are missed. The AOPC is implementing e-filing for family cases through the Unified Judicial System (UJS). Because CPCMS is not a civil or family case management system, e-filing through the AOPC will be standalone. The vast majority of justice systems in the United States are considering and exploring ways of implementing e-filing through the Internet.
Civil Casetypes
Clearance rate. While not studied as part of the report, collateral effects from prioritized focus in the justice system on criminal, family, and juvenile matters cannot be ignored. See Table E1 and Chart E2 above. Civil pending caseloads are rapidly increasing. Historically, times to disposition for civil cases have been very good. Pending cases are all within 30 months of time to disposition, but positive results will rapidly deteriorate with increases in the caseload. Community impacts will include increasing frustration by the business and commercial community, as well as individual litigants with dispute resolution and delay in the justice system.
Court of Common Pleas Jan 1, 2012 Pending 2012 Filings 2012 Dispositions Dec 31, 2012 Pending Clearance Rate Pending Cases 25-30 Months Civil 1,737 1,274 476 2,535 37% 134 10%
The Justice Management Institute 8 Franklin County Justice System Business Process Analysis Business Process Recommendations The Justice Management Institute recommends a three-year implementation of the following major initiatives to address the challenges faced by the justice system in Franklin County. The three initiatives were the highest ranked of six initiatives, aggregated from issues and problems identified through interviews and feedback from justice system stakeholders.
1.0 County-Wide Communication and Decision-Making Develop county-wide process for involvement of stakeholders in decisions. Create mechanisms and processes to involve all key players in the decision-making process. First-year recommendations include:
Create a Criminal Justice Coordinating Committee (CJCC) and full-time staff person, who will report to the County Commissioners and Judges. The CJCC will be chaired by a CJAB designee and will include one full or part-time staff person who will provide information to the CJAB chair and to the committee once per month. The CJCC will include staff from all criminal justice courts and agencies.
Create a cross-agency integrated data repository to include juvenile and adult case data from law enforcement, MDJS, CPCMS, Adult and Juvenile Probation and Jail system; in order to provide justice system decision-makers with information about outcomes related to pretrial diversion, pretrial release, program evaluation, early accountability, recidivism, and reduction in jail population.
Initiate a recidivism study that expands on prior studies to address diversion and other programs, beginning with results from Accelerated Rehabilitative Dispositions (ARDs) and the EAP program.
Begin a review of the Early Accountability Program (EAP). Initial analysis should focus on outcomes of the EAP as compared to Central Court prior to September 2013 and means and methods to improve discovery processes to better inform early plea negotiations.
2.0 Justice Reinvestment Initiate a justice reinvestment initiative as a primary focus of the Criminal Justice Advisory Board (CJAB) and CJCC coordinator. Justice reinvestment will be focused on pretrial and post-adjudication alternatives to incarceration using evidence-based pretrial and sentencing outcomes. First-year and ongoing recommendations include the following:
Expand probation supervision resources to include technologies such as electronic monitoring and web-based check-in; and additional resources to increase pretrial and post- adjudication supervision programs.
The Justice Management Institute 9 Franklin County Justice System Business Process Analysis Evaluate and implement pretrial risk screening tools to provide better information to Magisterial District Judges for bail and release alternatives. Recommendations include the use of risk screening instruments that do not require defendant interviews and that can be conducted by law enforcement or at the jail.
3.0 Franklin County Justice System Technology Strategic Plan Few systemic issues can be addressed without good cross-agency data that are timely, integrated, and provide clear direction at every stage of a case lifecycle. Each key component of the technology strategy will be on a different planning and development timeline or cycle. Year Two projects should be well into or completed the planning phase by the end of Year One. All of the technology recommendations should be included in the county-wide strategic plan, but first-year focus must be on active and planned IT projects to include: IT Strategic Plan Civil e-Filing Criminal e-Filing Data Integration (evaluation) UCMS Evaluation and Support Cross-Agency Technology Training Jury Management Software
High Priority Recommendations. As part of the initial three-year implementation and ongoing, JMI recommends that Franklin County also undertake high-priority recommendations identified by stakeholders from the three additional initiatives:
4.0 Comprehensive Jury Management Project Create a county/court committee to improve the jury management process. The committee and implementation recommendations should include an evaluation and streamlining of jury management staff and the requirements and specifications for new jury management software.
5.0 Civil Communication and Case Management Self Represented Litigants Create a Civil Justice Committee to address issues that affect all civil and family related justice issues. Expand the use of plain English forms for self-represented litigants, both in hardcopy and online. In addition, JMI recommends that the county and courts expand self-represented litigant programs to include self-help websites and volunteers at the courthouse to assist with process issues.
6.0 Facilities and Security Study Initiate a facilities and security study to assess systemic problems, some of which overlap with technology recommendations. The impact of facilities and security on business processes and effectiveness is most pronounced at peak public hours in the morning and at Central Court. Both of these events highlight the inadequacy of security and queuing space, the conflicts from moving prisoners through secure staff and judge spaces, and accessibility for the disabled. The Justice Management Institute 10 Franklin County Justice System Business Process Analysis Franklin Justice System Implementation Plan JMI recommends the following county-wide business process implementation strategies. The recommendations are iterative. They are intended to be revised as the implementation planning phase evolves and is completed.
Implementation Strategy 1 Goals and Outcomes Each initiative is written as an objective with an implied goal or outcome. JMI recommends that the county and all justice stakeholders craft a goal or expected outcome for each initiative. This process will be conducted in three steps: 1. Draft initiative goals and submit them to the project management steering committee. 2. The steering committee will review and edit. 3. A collaborative session of CJAB and family casetype stakeholders will help to discuss and refine the initiatives. Consensus will be reached by majority vote.
Implementation Strategy 2 Three Year Cycles Organize the initiatives and recommendations into three year cycles at the conclusion of the implementation planning process: Year One Current projects, capacity building and high priority recommendations with low risk Year Two Current and new targeted projects, combined with building structural foundations Year Three System-wide projects that are based on good data and improved technology and that target specific outcomes.
Implementation Strategy 3 Year One JMI strongly recommends that the county and justice stakeholders focus on initiatives and recommendations in Year One that are current projects, capacity building and high priority initiatives and recommendations.
The Justice Management Institute 11 Franklin County Justice System Business Process Analysis Business Process Improvement Costs and Benefits The following estimates are preliminary. Detailed breakdowns may be found in Chapter 8 Costs and Benefits.
Costs COMMUNICATION AND JUSTICE REINVESTMENT In-House Low High 1.1 Criminal Justice Coordinator Total Cost $0 $1,700 $2,000 Total Annual Costs $0 $81,000 $101,250 1.2 Cross-Agency Integrated Data Repository Phases One and Two Subtotal $0 $60,000 $90,000 1.3 Recidivism Study CJCC Coordinator work $0 1.4 Early Accountability CJCC Coordinator work $0 1.5 Early Discovery CJCC Coordinator work $0 2.1 Pretrial Risk Screening Subtotal $0 $10,000 $15,000 2.2 Pretrial Eligibility Determination CJCC Coordinator work $0 2.3 Pretrial Diversion CJCC Coordinator work $0 2.4 DRC Alternatives to Commitment In-House CJCC Coordinator work $0 2.5 Jail Population Reduction Strategies In-House CJCC Coordinator work $0 2.6 Probation Supervision Resources In-House Low High CJCC Coordinator analysis and cost estimates $0 $0 $0 Increase GPS monitoring (low-50%; high 100%) $0 $0 $0 Add pretrial staff (low-2; high-4) Subtotal Annual Costs $128,625 $257,125
IT STRATEGIC PLAN In-House Contracted Low Cost Contracted High Cost 3.1 Justice Technology Strategic Plan $0 $60,000 $120,000 3.2 Civil e-Filing Subtotal $0 $34,500 $218,500 Annual maintenance $0 $0 $10,000 The Justice Management Institute 12 Franklin County Justice System Business Process Analysis 3.3 Criminal e-Filing Subtotal $0 $230,000 $310,500 Annual maintenance $0 $15,000 $30,000 3.4 Data Integration Subtotal $0 $110,000 $130,000 3.5 Document Management Subtotal $0 $45,000 $90,000 3.6 UCMS Function analysis $0 $0 $0 Gap analysis $0 $0 $0 3.7 Cross-Agency Technology Training Training documents $0 $1,000 $3,000 3.8 Jury Management Software Subtotal $500 $62,000 $125,000 Annual maintenance $2,000 $2,000 $5,000
RECOMMENDATIONS In-House Low High 5.0 Civil Casetypes Self-Represented Litigants Hardcopy & online forms and assistance $0 $2,000 $5,000 Self-help website $0 $5,000 $8,000 Self-help center (1 staff + volunteers) Subtotal Annual Costs $0 $45,325 $60,425 6.0 Facilities Expansion and Renovation Subtotal $1,000 $15,329,500 $18,783,000 Annual maintenance (energy/environment) (TBD) (TBD) 6.1 Facilities Security Study $0 $10,000 $15,000
COST SUMMARY In-House Low High Total Investment Costs $1,500 $648,200 $1,164,000 Total Facility Costs $1,000 $15,329,500 $18,783,000
Total Annual Costs $2,000 $271,950 $463,800 Total Annual Costs x 3 years $6,000 $815,850 $1,391,400 Total Annual Costs x 10 years $20,000 $2,719,500 $4,638,000
The Justice Management Institute 13 Franklin County Justice System Business Process Analysis Benefits A Jail Reduction Strategies In-House Low High Reduce time to disposition for 116 defendants NA $678,600 $1,017,900 Reduce pretrial population by 10% and 15% NA $581,263 $871,894 Subtotal Annual NA $1,259,863 $1,889,794
B Productivity Efficiency Strategies
3.2 Civil e-Filing 50% 100% 7,400 cases x 2 filings/case * 15 mins * $.06/min $6,660 $13,320
Reduction in hearings x 1 per case due to e-filing notifications $80,048 $160,096 Subtotal Annual $86,708 $173,416
3.3 Criminal e-Filing 50% 100% 19,146 cases x 2 filings/case * 15 mins * $.06/min $17,231 $34,463
Reduction in hearings x 1 per case due to e-filing notifications $80,048 $160,096 Reduction in continuances x 1 per case (CCP only) $27,379 $54,757 Subtotal Annual $124,658 $249,316
Annual Savings NA $1,471,229 $2,312,526 Three-Year Savings NA $4,413,686 $6,937,578 Ten-Year Savings NA $14,712,287 $23,125,261
The Justice Management Institute 14 Franklin County Justice System Business Process Analysis Table of Contents Chapter 1 Felony & Misdemeanor Casetypes ............................................................................................ 17 Level I Criminal Case Overview ............................................................................................................... 17 Business Process Analysis ................................................................................................................... 17 Significant Event Narrative.................................................................................................................. 25 Arrest, complaint and summons ......................................................................................................... 26 Workflow Diagrams ................................................................................................................................ 41 Chapter 2 Summary Casetypes .................................................................................................................. 53 Level I Traffic Case Overview .................................................................................................................. 53 Significant Event Narrative.................................................................................................................. 57 Workflow Diagrams ................................................................................................................................ 59 Chapter 3 Juvenile Delinquency ................................................................................................................. 62 Juvenile Delinquency Casetype Overview .............................................................................................. 62 Significant Event Narrative.................................................................................................................. 68 Workflow Diagrams ................................................................................................................................ 72 Chapter 4 Juvenile Dependency and Family Casetypes ............................................................................. 77 4.1 Juvenile Dependency Cases ........................................................................................................ 77 4.2 Divorce ........................................................................................................................................ 79 4.3 Custody ....................................................................................................................................... 79 4.4 Domestic Relations & Child Support ........................................................................................... 81 4.5 Adoption Orphans Court ......................................................................................................... 83 4.6 Protection from Abuse ................................................................................................................ 84 Workflow Diagrams ................................................................................................................................ 85 Chapter 5 Information Technology ............................................................................................................. 94 UCMS....................................................................................................................................................... 94 CPCMS, MDJS and Infocom ..................................................................................................................... 95 Main Integrations .................................................................................................................................... 96 Chapter 6 Recommendations ................................................................................................................... 108 Integration Touchpoints ....................................................................................................................... 117 Chapter 7 Implementation Plan ................................................................................................................ 120 Implementation Strategy 1 Goals and Outcomes .......................................................................... 120 The Justice Management Institute 15 Franklin County Justice System Business Process Analysis Implementation Strategy 2 Three Year Cycles ............................................................................... 120 Implementation Strategy 3 Year One ............................................................................................ 120 Years One and Two Implementation Communication and System-Wide Decision Making .............. 123 Years One and Two Implementation Justice Reinvestment .............................................................. 125 Years One and Two Implementation Information Technology Strategic Plan................................... 126 Years One and Two Implementation High Priority Standalone Recommendations .......................... 131 Chapter 8 Costs and Benefits .................................................................................................................... 132 Appendix 1 ................................................................................................................................................ 139 Initiatives and Recommendations Survey Results ................................................................................ 139 Appendix 2 ................................................................................................................................................ 144 Teams and Participants ......................................................................................................................... 144 Appendix 3 ................................................................................................................................................ 147 Criminal Justice Coordinating Commission (CJCC) Coordinator Sample Job Description ..................... 147
The Justice Management Institute 16 Franklin County Justice System Business Process Analysis Chapter 1 Felony & Misdemeanor Casetypes The foundation for an integrated business process analysis of criminal casetypes in Franklin County is to map and assess what happens to a case from arrest and the filing of a complaint through to disposition and post-adjudication for defendants that are found guilty of a crime and sanctioned by a judge. A case is defined by Pennsylvania rules and by national convention as a single defendant, for a single or multiple incidents and crimes, with one or more charges brought against them. The litigants on a criminal case are the defendant and the Commonwealth of Pennsylvania, represented by the District Attorney (the prosecutor). A defendant may be represented by an attorney from the Public Defender or by private counsel; or they may be self-represented. The courts and adjudication are at the center of criminal case processing. Once brought by complaint, only the court can resolve or dispose of a case, although the prosecutor may choose to withdraw charges, a form of disposition. The Magisterial District courts may dismiss a criminal case, but only the Court of Common Pleas may adjudicate a criminal case, after charges have filed by the District Attorney as Information at the Court. 12
Other stakeholders in criminal case processing include law enforcement, the Sheriff, adult probation, the jail and the day reporting center. Adjudication decisions made by judges on pleas are strongly informed by plea negotiations between the prosecutor and defense or defense counsel. Adult probation also provides recommendations to judges in the form of draft orders for many cases, especially probation and parole violations that may or may not involve new charges.
Level I Criminal Case Overview Key significant and secondary events define the criminal process for every case. The significant events at the core of the process are on the critical path, defined by Pennsylvania (PA) rules of procedure as sequential. Please see Table 2.1 on the following page for an illustration of the full process under the PA Code of Criminal Procedure.
Business Process Analysis A large majority of criminal cases 13 in Franklin County originate from summons and arrests made by Pennsylvania State Police (PSP) and local (borough/township) law enforcement. Criminal cases may also be initiated by private complaint. If an arrest occurs outside of business hours and the individual is taken
12 For the purposes of the report, felony and misdemeanor casetypes are defined as criminal cases. 13 A criminal case generally refers to misdemeanor and felony casetypes that can only be adjudicated at the Court of Common Pleas. The Justice Management Institute 17
Franklin County Justice System Business Process Analysis Table 2.1 Felony and Misdemeanor Casetypes PA Criminal Code Rules Analysis
District Attorney Magisterial District Court Jail Police Court of Common Pleas Crime Report Pa.R.Crim.P. 430 Issuance of Warrant Pa.R.Crim.P. 440 Arrest Without Warrant Pa.R.Crim.P. 441 Procedure Following Arrest Without Warrant Pa.R.Crim.P. 517 Procedure in Court Cases Where Warrant of Arrest is Executed 39th Jud. Dist. Rule 39-210 Arrest Warrants Pa.R.Crim.P. 520 Bail may be set at any time before verdict Pa.R.Crim.P. 521 Bail may be set after verdict and before sentencing Pa.R.Crim.P. 541 - Defendant may waive preliminary hearing Pa.R.Crim.P. 565 Court may allow case without preliminary hearing in exceptional cases 39th Jud. Dist. R. Crim. P. 39- 300(A)(B) Preliminary call two weeks prior to each criminal term 39th Jud. Dist. R. Crim. P. 39-311 Pretrial conferences to determine if cases are likely to go to trial Pa.R.Crim.P. 577 Procedures regarding motion practice Pa.R.Crim.P. 579 Omnibus motions to be filed/served within 30 days after arraignment Pa.R.Crim.P.540 Preliminary arraignments Pa.R.Crim.P. 571 Arraignment Pa.R.Crim.P. 573 Pre-trial discovery Pa.R.Crim.P. 310 Accelerated Rehabilitative Disposition Pa.R.Crim.P. 590 Pleas and plea agreements Pa.R.Crim.P. 600(A) Trial must begin within 365 days after complaint is filed Pa.R.Crim.P. 600(B) Defendant must be released after 180 days pre- trial incarceration If released, charging in 5 days Custody 14 days or less Out of custody 21 days or less 1 Arrest 2 Booked at Jail 3 Preliminary Arraignment 6 DA Review 7 Information Filed 4 Preliminary Hearing 5 Plea? 8 Arraignment 10 Discovery 11 Pretrial Conference(s) 12 Trial 9 Call of the List 13 Verdict 14 Sentence 15 Appeals/post- conviction relief 6A Grand Jury 1A Summons 7A Indictment Filed Trial within 365 days of filing of complaint Arraignment 10 days after information filed 4,814 arrests 1,863 pretrial bookings 2012 100% 2,674 criminal cases filed 3,453 complaints filed (incl private complaints) 56% of arrests 90% remain Dispositions 159 guilty pleas (5%) 173 withdrawals (6%) 22 dismissals (1%) 3,442 scheduled 2,086 waivers (60%) 766 continuances (22%) 223 Held for court (6%) Other (4%) 19% remain Dispositions 17% disposed 1,374 scheduled* 47% continue 15% pretrial conf. 4% FTA 4% remain Dispositions 15% disposed 301 scheduled* 58% continue 27% trial 3% FTA 0% remain Dispositions 3% verdict/trial 1% plea 90 scheduled* 13% continue 90% remain 2,405 filed 36% remain Dispositions 36% disposed (GP, DM) 18% ARD 2,762 scheduled* 14% cont, no action 30% call of the list 4% FTA *The percentage of cases that remain at the end of each event is the ratio of the number (2,674) of cases filed. Scheduled cases always exceed the number of cases filed, due to continuances and re-scheduling of the same cases. The Justice Management Institute 18 Franklin County Justice System Business Process Analysis County Jail, the Jail (1.0) will hold the person in custody until the person may post bail bond or the case is disposed.
Once a criminal case is initiated, it proceeds to the Magisterial District Courts (3.0) where it may be disposed or continue to the Court of Common Pleas (5.0). When a case proceeds from the Magisterial District Court to the Court of Common Pleas, the case is processed by the District Attorney (4.0) and a Public Defender (2.0) may be selected or ordered by the court. Cases may be disposed if the Court (3.0, 5.0) dismisses the case, the Commonwealth withdraws the case (4.0), or the defendant pleads guilty or is found guilty at trial in Court (3.0, 5.0). Cases that have reached disposition may receive a sentence from the Court (3.0, 5.0) that can include assignment to Jail (1.0), Probation (6.0), Day Reporting (8.0), or State Prison.
Normative standards for analysis of case processing include assessment of filings and dispositions for a fixed period of time. 14 Table 2.2 illustrates a summary of criminal cases filed and disposed in Franklin County.
Table 2.2 Criminal case filings, dispositions and clearance rate in Franklin County 15
Year Criminal (MDJ)* Criminal (CCP)** Filings Dispositions Clearance Rate Filings + Reopened Dispositions Clearance Rate 2013 2,641 2,457 93% NA NA NA 2012 2,674 2,545 95% 2,531 2,552 101% 2011 2,644 2,464 93% 2,421 2,370 98% 2010 2,775 2,827 102% 2,434 2,306 95% 2009 2,877 2,777 97% 2,307 2,331 101% Source is www.pacourts.us *MDJ = Magisterial District Judges **CCP = Court of Common Pleas
The Pennsylvania (PA) courts evaluate key performance measures for case processing, including clearance rate (see Table 2.2 above) and age of active pending caseload. Age of active pending cases measures in Franklin County illustrate that, at the end of 2012, 116 (15.8%) active Common Pleas 14 While selected data are available for 2013, for the wide range of integrated data needed for the report, only 2012 data were sufficiently complete to enable analysis. 15 The international and PA standard for clearance rate is 100%, with typical ranges from 97% to 103%. It is a measure of keeping up with the caseload and is calculated by dividing dispositions/filings (+reopened). Courts carry inventory all the time, and the active pending inventory carried over from year to year is what increases or decreases depending on the clearance rate. The Justice Management Institute 19
Franklin County Justice System Business Process Analysis criminal cases, and 107 (24.6%) of active Magisterial District Court criminal cases are over the PA standard for detention cases of 360 days. 16
Performance measures were enacted in PA in response to historic, nationwide problems with delay and public perceptions of access and fairness. In criminal cases, especially, constitutional rights to a speedy trial resulted in statutory provisions for elapsed time to reach key events and ultimately trial and disposition on every case. In addition to the right to have an accusation brought by the Commonwealth against a citizen resolved in a fixed period of time, a significant number of defendants are held in custody awaiting trial. Pretrial detentions are primarily the result of a determination by the court that the defendant may pose a risk to the community, may commit another crime, or may not appear for a hearing or trial. Other factors may include the inability to post a bond or money bail that has been ordered by a judge to ensure appearance at the next court event; or occasionally to evaluate mental health. 17
Case processing delay has other pervasive impacts on the criminal justice system that include the use of resources to adjudicate, prosecute and defend cases, transport and incarcerate custody defendants from jail, and provide various types of pretrial supervision. Given the axiom that a defendant is innocent until proven guilty, the justice system must be constantly tuned only to use the time necessary to reach a fair outcome or verdict.
Case Fallout by Disposition Table 2.3 below illustrates the 2012 dispositions and fallout by significant event as defined in the rules map above and the PA rules of procedure. The dynamics of what type of disposition and how and why they occur is the very core definition of caseflow management and is impacted by the local legal culture, all the justice system stakeholders, as well as the defendant and defense counsel.
Case processing events and measures that work and are highly successful A number of key significant events in Franklin County criminal case processing are highly successful by both state and national standards. These include the following:
Call of the List and Trial Calendar The Franklin County courts are following best practices with highly commendable results in the approach to narrowing the cases ready for trial and ensuring that only those cases with a high likelihood of going to trial will encumber the trial calendar. This is reflected in both the 1% plea and 13% continuance rate at trial; both of which indicate a commitment to trial date certainty, in 16 Source is http://www.pacourts.us/assets/files/setting-768/file-2598.pdf?cb=a425ec. 1717 In general, lengthy delays in a limited jurisdiction court, not responsible ultimately for the final disposition of cases, are a result of data entry anomalies, including not adequately closing out a case. It is recommended that the courts conduct a backlog analysis of aged active pending criminal cases to determine if these cases are indeed active. The Justice Management Institute 20
Franklin County Justice System Business Process Analysis addition to an almost 1.5 to 1 ratio of trials scheduled and trials held. 18 The most important use of judicial attention is at trial, and the key to timely resolution is certainty on the part of the litigants and attorneys that the trial will take place. In addition, this helps ensure efficient use of jurors.
Table 2.3 Case Fallout by Disposition
Sources include http://www.pacourts.us, MDJS, CPCM, jail management system, and CCAP data i. Note that dispositions at trial include 3% by trial and verdict and 1% by plea (see Table 2.1). ii. Note that dispositions, including withdrawals of prosecution by the District Attorney and dismissals by a judge, may occur at preliminary arraignment, but no data is available.
In the focused attempt to ensure trial certainty, though, the court is granting a high ratio of continuances. This is resulting in procedural delays that consume justice system resources. Promoting earlier settlements, especially for cases that inevitably reach a plea negotiation is better justice.
18 Precise data on scheduled and held trials are not available, but are inferred by the continuance rates. It is not clear how many cases are disposed by plea in the few weeks and days leading up to trial, although the continuance rate (58%) at pretrial conferences infers that a significant number of pleas are being taken at hearings between the pretrial conference and the trial. 100% 0% 10% 54% 17% 15% 4% 0% 20% 40% 60% 80% 100% C o m p l a i n t s
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Franklin County Justice System Business Process Analysis Central Court and Early Accountability The MDJs have been scheduling preliminary hearings at a central location at the main courthouse in Franklin County for approximately ten years. This measure is consistent with many PA counties and helps increase efficiency, in part because of the rule that the affiant may be called to testify in the hearing. Affiants are often law enforcement officers and the demands for coordination of appearances have been highly simplified. Since September 2013, the Franklin County Court of Common Pleas has been assigning a trial judge to a plea hearing calendar immediately following preliminary hearings in central court. Defendants who wish to make a guilty plea and waive their preliminary hearing are able directly to appear in front of a Common Pleas judge for disposition. In effect, this is accelerating the arraignment in the Court of Common Pleas, which historically has had the highest number of dispositions by plea of any other event. The acceleration of a plea hearing is worth from two to four weeks in case disposition time.
Case processing events and measures that have challenges or may need improvement A number of key significant events in Franklin County criminal case processing have challenges by both state and national standards and may need attention. These include the following:
Pretrial Jail Population Over 70% of the county jail population is being held for trial or awaiting an order or adjudication by a judge for new charges following probation or parole violations. This exceeds the national average of 61%, but more importantly, the causes and effects of pretrial jail population increases are directly related to case processing and factors impacted by all justice system stakeholders. The national average is not a standard, but it is a normative benchmark to help assess why Franklin Countys pretrial jail population is higher.
1. The most important factor impacting pretrial jail population is the length of time that a custody defendant is being held awaiting trial, primarily for defendants who have the greatest likelihood of going to trial and not pleading. Judicial decisions to hold a defendant pending trial are not to be questioned. Certainty and better data about outcomes and likelihood to appear or commit another crime are critical to enabling a judge to choose other supervision approaches or to release a defendant on their own recognizance. Jail data are not currently sufficient to identify the defendants that are being held pre or post-trial, although a recent Jail Population Study cross-matched this data [1.2C] 19 . CPCMS data identify defendants that are in custody and those that are not, but these data are not aggregated for reporting purposes.
2. The second most important factor impacting pretrial jail population is related to money bail and the time it takes a defendant to post bail. In some cases, especially with high bail, the defendant is never released, even if the high bail is an indication that the judge has determined that the defendant does not pose a risk to the community. Jail and CPCMS data do not currently 19 1.2C Track jail population by pre/post trial
The Justice Management Institute 22
Franklin County Justice System Business Process Analysis identify the number of pretrial defendants that are being held pending posting money bail [1.2C] 20 .
Hearings and Continuances The number of continuances at key hearings contributes to case delay and also impacts the pretrial jail population. While no national standards exist for the number of continuances at any significant event, any event with the number of cases that might get a continuance approaching half of those scheduled reduces the pressure on defendants and attorneys to prepare for those events. The actual cumulative amount of time that a prosecuting attorney spends on all felony casetypes, according to national averages, is 7.1-10.1 hours. 21 The urgent cases crowd out the important cases.
Table 2.4 Number of 2012 continuances as a percentage of cases scheduled at each event Magisterial District Courts and Court of Common Pleas criminal cases
Continuances place a burden on the court, justice system stakeholders and the defense, in large part by increasing the average number of hearings per disposition. In Franklin County, not including motions and sentencing hearings, one disposition requires on average approximately four 20 1.2C Track jail population by pre/post trial 21 How Many Cases Should a Prosecutor Handle, Results of the National Workload Assessment Project, 2002, American Prosecutors Research Institute, with a grant by the Bureau of Justice Assistance. 0% 22% 14% 47% 58% 13% 0% 10% 20% 30% 40% 50% 60% P r e l i m i n a r y
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Franklin County Justice System Business Process Analysis hearings. 22 See Table 2.5 below. National data on the number of hearings needed for misdemeanor and felony cases are quite diverse, but high performing justice systems confront this issue and work hard to mitigate events that are scheduled but do not take place. The cases that reach close to trial before pleading have the greatest impact on both the number of hearings, judicial time and other stakeholders. Many continuances (see Table 2.9 below) are requested by the defendant or defense counsel. This may be the result of inadequate resources or for other reasons. The causes and remedies of continuances should be studied and improved.
Table 2.5 2012 Dispositions and Hearings
Significant Event Percent Dispositions Hearings Preliminary Arraignment 0% 0 1,863 Preliminary Hearing 10% 269 3,442 Arraignment/Plea 54% 1,444 2,762 Call of the List 17% 455 1,374 Pretrial Conference/Pleas 15% 401 635 Trial 4% 105 105 Total 2,674 10,181
22 10,181 hearings/2,674 dispositions in 2012 = AVG 3.8 hearings per disposition, not including motions or omnibus hearings. The Justice Management Institute 24
Franklin County Justice System Business Process Analysis Graph 2.6 2012 Dispositions and Hearings
Significant Event Narrative The following narrative is indexed to the business process analysis diagrams at the conclusion of the chapter. Recommendations relevant to the three primary initiatives and high priority recommendations are footnotes to the text, with blue-highlighted recommendations representing those that were selected for the first year of implementation. A summary is provided at the end of the chapter and aggregated into separate implementation plans for each of the three initiatives:
A. Communications and System-Wide Decision Making B. Justice Reinvestment E. Franklin County Justice System Technology Strategic Plan
0 269 1,444 455 401 105 2,674 1,863 3,442 2,762 1,374 635 105 10,181 0 2,000 4,000 6,000 8,000 10,000 12,000 P r e l i m i n a r y
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C o n f e r e n c e / P l e a s T r i a l T o t a l 2012 Dispositions and Hearings Dispositions Hearings The Justice Management Institute 25 Franklin County Justice System Business Process Analysis Criminal Case Initiation Arrest, complaint and summons 39th Jud. Dist. Rule 39-130 234 Pa.R.Crim.P. 440, 441, 502, 503, 509, 510, 515, 516, 517, 519 Law enforcement, private complainants, District Attorney, jail, Adult Probation (for cases under probation supervision)
Criminal proceedings in court cases are initiated with the filing of a written complaint (and the subsequent issuance of a summons or warrant for arrest) or by warrantless arrest (and the subsequent filing of a complaint) [3.2A]. 23 In cases where an arrest is made and the defendant is in custody, the defendant will have a preliminary arraignment by a Magisterial District Judge, typically within 24 hours. If the defendant is not arrested, a complaint must be filed in the Magisterial District Court within 5 days. Summons casetypes include second degree misdemeanors and first degree misdemeanors in cases arising under 75 Pa.C.S. 3802 (driving under the influence of alcohol or controlled substance), except as set forth in paragraph (2) of Rule 509.
Table 2.1 illustrates the number of misdemeanor and felony arrests and summons made in Franklin County during 2012 by law enforcement and by private criminal complaint; and the number that were filed as court cases. The difference (2,140) represents a decision not to file charges, a consolidation of charges, or a determination that a person was not responsible for a crime following an arrest.
Table 2.7 Arrests, Booking and Cases
Franklin County 2012 Criminal Arrests* 4,814 Jail Bookings** 1,863 Criminal Complaints*** 3,453 MDJ Cases Filed 2,674 * PA crime data ** jail management system *** includes private criminal complaints
Following arrest, a defendant is taken to central booking at the Franklin County Jail. Key responsibilities of the jail include booking, inmate supervision and release [1.2C]. 24
23 Recommendation 3.2A - Efiling from law enforcement
24 Recommendation 1.2C - Track jail population by pre/post trial
The Justice Management Institute 26
Franklin County Justice System Business Process Analysis Jail Central Booking Central Booking is responsible for the processing of pre-adjudication arrestees [2.3B], 25 and post- adjudication commitments. After arrest, the transporting or arresting officer delivers the arrestees to the central booking area.
Upon receipt of an arrestee, the central booking officer enters information into the jail management system [3.3A, 3.4A, 3.4D], 26 conducts an inventory of their property, completes a suicide risk assessment questionnaire, conducts LiveScan processing to capture photos and fingerprints, performs a Commonwealth Photo Imaging Network (CPIN) and NCIC criminal history check and completes risk assessment, family and social information intake questionnaires [2.2A, 2.3A, 2.4A, 2.7A]. 27
Jail Booking The booking process is for those arrestees who are committed to the jail. Booking staff enter information in the Inmate Population Tracking Sheet. Inmates are showered and changed to jail uniforms. Following the initial intake information, medical staff conduct intake assessments. Booking staff assign the inmate a security classification and then assign a housing unit.
Public Defender Intake and Defendant Qualification Detained defendants are presumed qualified for a public defender, as long as they remain in pretrial detention and do not post bail/bond. Since defendants are not able to work and earn income while detained, the Public Defender Office will assume responsibility immediately. However, for those who receive a summons or are released or post bail/bond (even if previously appointed counsel while in pretrial detention), they must affirmatively make an appointment for intake at the Public Defender Office. This process typically happens after the arrest, booking in jail, and the preliminary arraignment at the Magisterial District Court [3.3B]. 28
25 Recommendation 2.3B Consider bail recommendations as a result of risk screening
26 Recommendation 3.3A Data Integration: Jail
Recommendation 3.4A Document Management: Complaint, warrants and affidavits
Recommendation 3.4D Document Management: Embed DMS into UCMS
28 Recommendation 3.3B Primary complaint document integration with Public Defender
The Justice Management Institute 27
Franklin County Justice System Business Process Analysis The Public Defender office regularly reviews a list of new pretrial commitments to jail who have preliminary hearings the following week, so that they can be assigned counsel immediately and counsel can arrange visits. For those who are not detained, qualified defendants may meet with counsel that day or set up an appointment soon after intake [3.2C]. 29
The intake process involves determining whether the defendant is indigent and conducting a check for possible conflicts. Indigency is based on percent of the federal poverty guidelines, as reviewed by an intake coordinator at the Public Defender Office using custom software built for this purpose. Conflicts are checked by the intake coordinator prior to the intake appointment based on the named individuals on the complaint and police report, as available.
Once a public defender is assigned, adjudication of the defendant proceeds through the normal court caseflow through to disposition and sentencing, if convicted. Public defenders, upon request by the defendant, may continue representation post-sentencing in cases of appeals. Public defenders may also represent offenders during probation revocation hearings.
In court cases in which a magisterial district judge exercises jurisdiction, a defendant may plead guilty any time up to the completion of the preliminary hearing. The defendants court case may be transferred to another judicial district or charges may be withdrawn. Before information is filed, the District Attorney may withdraw one or more of the charges.
Preliminary Arraignment 234 Pa.R.Crim.P. 117, 130, 131, 516, 517, 519, 540, 541 Magisterial District Court, District Attorney, defendant, defense counsel
Arrest In cases where an arrest is made and the defendant is in custody, the defendant will have a preliminary arraignment by a judge at one of seven Magisterial District Courts, typically within 24 hours. Warrants on new charges face the same time limits. At preliminary arraignment, the court provides the defendant with a copy of the complaint, and any warrant(s) and supporting affidavit(s) [3.4D]. 30 The judge is required to provide the defendant with a copy of the warrant and affidavits, or to determine probable cause if the defendant was arrested without a warrant. If probable cause is not established, the defendant cannot be detained. The judge is not permitted to question the defendant about the complaint. The Court sets the date and time for a preliminary hearing. Defendants represented by counsel may waive the preliminary hearing following preliminary arraignment. During weekday working hours, law enforcement officers generally bring the defendant to the district court with jurisdiction. 29 Recommendation 3.2C - Efiling from Public Defender
30 Recommendation 3.4D Document Management: Embed DMS into MDJS
The Justice Management Institute 28
Franklin County Justice System Business Process Analysis After-hours and on weekends, the preliminary arraignment is conducted by video conferencing from the jail to the district court.
At preliminary arraignment, if the defendant is detained and the offense is eligible for bail, the district judge will determine release on bond and any pretrial supervision conditions [2.3B, 2.4A]. 31 If the defendant is released on bail bond, the monetary and nonmonetary conditions of bail are determined by the District Court. A defendant may remain in custody without bail or until conditions can be met. If a defendant fails to comply with of the conditions of the bail bond or conditions of release, the defendants bail may be modified or revoked by the Court.
If a judge sets bail at the arraignment and the defendant posts bail or is released on their own recognizance, the booking officer at the jail retrieves and returns property items to the arrestee. In the event that the Magisterial District Judge (MDJ) orders an arrestee to be committed or the arrestee cannot post bail, the booking staff processes a formal commitment of the arrestee.
Summons If the defendant is not arrested, they are given a summons by a law enforcement officer and a complaint must be filed in the Magisterial District Court within 5 days. The summons instructs the defendant to appear at a preliminary hearing and includes a copy of the complaint and an order to submit to fingerprinting. The summons provides notice to the defendant to secure counsel and of the consequences of failure to appear. If the defendant is in custody, a preliminary hearing will be scheduled within 14 days. If the defendant is not in custody, the preliminary hearing is set within 21 days. The summons will be sent to the defendant via first class and registered mail. If mail is returned, the District Court will make additional attempts to deliver the summons before issuing an arrest warrant.
If the defendant fails to answer the complaint or fails to appear at preliminary arraignment a bench warrant is issued by the Court. The warrant is served by law enforcement and local constables. When a defendant has been arrested with a warrant in a court case, a preliminary arraignment is scheduled by the Court in the warrants local jurisdiction.
Office of the District Attorney Following the preliminary arraignment, an attorney for the Commonwealth may determine whether sufficient evidence exists to justify formal charging of defendants. At this stage, defendants mayat the discretion of the prosecutorbe offered an early disposition plea offer [1.4A]. 32
Adult Probation Pretrial Supervision 31 Recommendation 2.3B Consider early screening, bail recommendations by Probation
32 Recommendation 1.4A - Evaluate early screening/waivers/ARD/EAP
The Justice Management Institute 29
Franklin County Justice System Business Process Analysis At preliminary arraignment, the court will make release or custody determinations for arrested and held defendants. District judges have a number of options before them based on type and amount of bail and unconditional or conditional release which may include pretrial supervision. Often, judges will offer defendants the option to accept a reduced bail on the condition that they submit to and comply with pretrial supervision.
Even if judges do not release defendants, Adult Probation staff may review cases [2.2A, 2.4B] 33 in the jail after the preliminary arraignment and file recommended orders to the Magisterial District Court. These are filed with some regularity and are considered in cases when Adult Probation has determined that the defendant would not pose a flight risk or public safety hazard if placed under their supervision. Generally, judges respond favorably to probation recommendations.
Once defendants enter pretrial supervision, Adult Probation staff use screening and assessment tools to help classify the level of supervision and to identify any mandated services. Adult probation uses the LSI-R SV as an initial screening instrument and the full LSI-R assessment only in cases of moderate to high risk defendants. Risk measured by these tools refers to risk to commit a new crime. Probation officers build individualized case plans for each defendant, which are used by a probation officer to monitor defendants and evaluate compliance and progress. If conditions of supervision are violated, Adult Probation staff will generally handle those matters internally first, making adjustments to the intensity of supervision and treatment. In more extreme cases, such as due to persistent violations and always for new crimes, cases will be referred back to the court of jurisdiction, which may be the Magisterial District Court or the Court of Common Pleas. Pretrial supervision defendants are discharged after the disposition of their cases, and, if convicted and sentenced to probation, transferred to post- conviction supervision.
Table2.8 Criminal cases filed in Franklin County Magisterial District Courts* Year N e w
Recommendation 2.4B Evaluate pretrial diversion alternatives The Justice Management Institute 30
Franklin County Justice System Business Process Analysis Preliminary Hearing 234 Pa.R.Crim.P. 541, 542, 543, 546, 565 Magisterial District Court, District Attorney, defendant, defense counsel, Adult Probation (for new charges while under probation supervision)
The preliminary hearing in Franklin County is referred to as Central Court and is held at the Court of Common Pleas in the county seat. The primary purpose of the preliminary hearing is for a judge to determine if the Commonwealth (prosecution) has established a prima facie case against the defendant. The judge may imprison a defendant (hold for court) or release a defendant on bail. The defendant must be present at the preliminary hearing, unless they have waived their appearance. The defendant or their counsel are permitted to cross-examine witnesses and inspect physical evidence offered against them; submit evidence; testify; call witnesses; or make written or electronic records of the proceedings. An attorney for the prosecution may appear and may recommend that the defendant be discharged (dismissal) or bound over to court.
At Central Court, one assigned Magisterial District Judge will conduct the preliminary hearings for cases originating from all Districts in the County. Magisterial District judges follow a rotating assignment to Central Court. Typically, the Central Court calendar is scheduled for 9 AM every Tuesday and requires the use of the jury assembly room and separate space for witnesses, victims, defendants, and law enforcement. Defendants who are in custody may be transported to Central Court for their hearing.
In September 2013, an early accountability program was initiated to expedite mandatory arraignment for defendants that agree to make a plea. If a defendant chooses to plea during discussions with their attorney or directly with the prosecuting attorney prior to the preliminary hearing, the Magisterial District judge signs a waiver of the preliminary hearing and the case is immediately bound over to the Court of Common Pleas for arraignment and a plea hearing [1.4A, 1.4B, 1.4E]. 34 In order to accommodate early accountability, an additional courtroom is reserved for Tuesday mornings and a CCP judge is assigned to take pleas. If the defendant waives the preliminary hearing and the case is bound over to the Court of Common Pleas, court staff electronically transfer the case from the Magisterial District Judge system (MDJS) into the Court of Common Pleas case management system (CPCMS). 35 The defendant is then instructed to attend a plea hearing in the Court of Common Pleas, in lieu of setting the case for a mandatory arraignment.
On days when Central Court is conducted, the Franklin County courthouse annex is bustling with activity. Defendants arrive early and line up outside the annex entrance. Once defendants have cleared security, court staff circulate separate sign-in sheets for defendants, victims and witnesses. If defendants have 34 Recommendation 1.4A Evaluate early screening/waivers/ARD
Recommendation 1.4B Order/provide status attorney (PD) at Central Court, per criminal rule
35 Recommendation 1.4E Additional Central Court computer The Justice Management Institute 31
Franklin County Justice System Business Process Analysis not been fingerprinted, Court Staff instruct them to be fingerprinted on the first floor of the old courthouse. Attorneys may confer with their clients and discuss the case with the Commonwealth, usually in the back of the Jury Assembly Room.
Bench warrants 39th Jud. Dist. Rule 39-150 234 Pa.R.Crim.P. 117, 150, 516, 517, 559 A bench warrant may be issued by a judge instructing law enforcement to detain the defendant and arrange for a bench warrant hearing. If the defendant has been arrested outside of the County a bench warrant hearing is arranged once the defendant is in local jail custody. Bench warrant hearings may be conducted via advanced communication technology. Once a bench warrant hearing has been conducted, the warrant expires and the case continues. A defendant may remain in custody following the bench warrant hearing.
Accelerated Rehabilitative Disposition (ARD) 234 Pa.R.Crim.P. 300, 302, 310-20, 550, 551, 561 District Attorney, defendant, defense counsel, Adult Probation, Court of Common Pleas
Following the initiation of criminal proceedings in a court case, but prior to filing an information, the District Attorney may move that the defendants case be considered for Accelerated Rehabilitative Disposition (ARD) [1.4A]. 36 A hearing is conducted, in lieu of a plea hearing, to determine acceptance of the defendant into the ARD program. Following the defendants successful completion of the ARD program the defendant may move for an order dismissing the charges in the case. If a judge determines the defendant has committed a violation of the ARD program, the judge may order that the program be terminated and the case shall proceed on original criminal charges.
During 2012, 429 cases, or approximately 17% of cases were disposed by accelerated rehabilitative disposition. Most ARD dispositions were made following waiver of the preliminary hearing, on the same day as Central Court. It is anticipated that the results for 2013 will be substantially higher due to the early accountability program.
36 Recommendation 1.4A - Evaluate early screening/waivers/ARD/EAP
The Justice Management Institute 32
Franklin County Justice System Business Process Analysis Table 2.9 Early Accountability Dispositions Sep 2013 to April 2014 37
Disposition/Outcome Sep-Dec 2013 Jan-Apr 2014 Total % Guilty Plea 68 65 133 6.06% Held for court after a hearing was held in absentia 51 42 93 4.23% Held for court after a preliminary hearing was held 38 24 62 2.82% Waiver to mandatory arraignment 204 240 444 20.22% Plea at Court of Common Pleas 38 432 362 794 36.16% Continuance due to defendant 39 160 151 311 14.16% Continuance due to Attorney 50 51 101 4.60% Continuance due to Commonwealth (DA) 41 25 66 3.01% Continued due to weather 0 40 40 1.82% Continued by judge 2 4 6 0.27% Continued after a request from the affiant 1 1 2 0.09% Withdrawal 47 30 77 3.51% Dismissal 8 7 15 0.68% Failure to appear with bench warrant/continuance 7 7 14 0.64% Incarcerated on other charges 0 7 7 0.32% Bond 0 5 5 0.23% Stayed 0 2 2 0.09% Case sent back to MDJ 3 3 6 0.27% Paid in Full 2 2 4 0.18% Moved to a non-traffic offense 0 2 2 0.09% Charge changed 1 4 5 0.23% Settled (in office) 3 1 4 0.18% Remanded back to Central Court 1 0 1 0.05% Other (error/admin closure) 2 0 2 0.09% Totals 1,121 1,075 2,196 100%
37 Data provided by Court Administration 38 Recommendation 1.4D Reduce affiants appearances by 60-80%
39 Recommendation 1.4C Reduce continuances. The Justice Management Institute 33
Franklin County Justice System Business Process Analysis Information 234 Pa.R.Crim.P. 560, 561, 562, 565, 570, 572 District Attorney, Court of Common Pleas
Following the preliminary hearing the District Attorney prepares what is called an information and files it with the Court of Common Pleas. The information identifies the defendant(s) and the alleged offense(s). In certain circumstances, information may be presented without a preliminary hearing. After information has been filed, the court may order parties in the case to appear in court.
Pennsylvania law allows the District Attorney to use an investigatory grand jury in place of the preliminary hearing, but all Pennsylvania county courts have abolished the use of a grand jury to return an indictment. Currently, grand juries are not used in Franklin County. The District Attorney has expressed a desire to begin the use of grand juries at an unspecified time in the future.
Mandatory Arraignment 234 Pa.R.Crim.P. 571 Court of Common Pleas, District Attorney, defendant, defense counsel, Adult Probation (for new charges while under probation supervision)
Once a case has been filed in CPCMS [3.4D], 40 a mandatory arraignment is scheduled in the Court of Common Pleas. Arraignments are typically scheduled in the Court of Common Pleas within 10 days of the filing of the case. If the defendant is in custody, arraignment may be conducted via advanced communication technology.
The purpose of the mandatory arraignment is to ensure the defendant identifies counsel, is advised of and understands the charges, rights to file motions, and consequences of failing to appear. At the mandatory arraignment, the Judge, the Commonwealth, the defendant and their counsel, if any, confer regarding the case. Once the mandatory arraignment is complete, if the case has not been disposed, the period for pretrial discovery and motions commences.
Approximately 52% of defendants have their charges disposed at Mandatory Arraignment, primarily by plea agreement and verdict. Approximately 30% of cases are not disposed and proceed to the call of the list. An additional 12% are continued to another arraignment date. A small ratio of cases (4%) has bench warrants issued for failure to appear.
The Franklin County court typically calendars afternoons on Monday and Thursday for custody hearings for persons detained with a bench warrant. These hearings are conducted via video conference using technology in the jail court room and the Court. Once the Judge has made a finding the order is signed 40 Recommendation 3.4D Document Management: Embed DMS into CPCMS
The Justice Management Institute 34
Franklin County Justice System Business Process Analysis by the Judge and filed with the Clerk of Courts. Within the next business day, the defendant must appear at the Clerk of Courts office and sign release documents.
Based on Jan-Sep 2013 data, the following are aggregate outcomes of the mandatory arraignment in Franklin County:
Table 2.10 Mandatory Arraignment Outcomes Jan-Sep 2013* # outcomes % total Dispositions (guilty plea, dismissal, withdrawal) 1,224 52% Waived to Call of the List 722 30% Continued [2.6C] 41 274 12% Bench Warrant 105 4% No Action Taken 49 2% Total outcomes 2,374 *Source: Court Administration reports
Attorneys for the defendant and the Commonwealth may file motions with the Court of Common Pleas for pretrial discovery and relief. A judge may order a party to answer a pretrial motion or may order a written answer or oral response. A judge may schedule a hearing to argue or dispose of the motion. All motions, answers and documents that require filing in the case record are submitted to the Clerk of Courts. Upon the completion of pretrial motions and discovery, if a case is not disposed, the case may proceed to the call of the criminal list.
Call of the (Criminal) List In Franklin County, the call of the criminal List is conducted by the Court of Common Pleas two times each trial term (2 months) to identify cases ready to proceed to trial. Attorneys for the defense and the Commonwealth confer, review cases pending disposition, make motions for continuance, or set a date for pretrial conference. Once a date for trial has been set at the pretrial conference, if the defendant has requested a jury trial, court administration will conduct jury selection.
Based on Jan-Sep 2013 data, the following are aggregate outcomes of the mandatory arraignment in Franklin County: 41 Recommendation 2.6C - Reduce continuances at all CCP hearings. The Justice Management Institute 35
Franklin County Justice System Business Process Analysis
Table 2.11 Call of the List Outcomes Jan-Sep 2013* # outcomes % total Dispositions (guilty plea, dismissal, withdrawal) 468 34% Continued [2.6C] 42 642 47% Waived to pretrial conference 203 15% Bench warrant 61 4% Total outcomes 1,374 *Source: Court Administration reports
Pretrial Conference Franklin County Local Court Rule 39-311 Criminal Pretrial Conferences
The purpose of the pretrial conference is to determine which cases have a significant potential for trial by jury, to attempt to settle the case by plea agreement and to prepare for trial. Once the case is scheduled for trial, no plea agreement will be accepted except in extraordinary circumstances.
In Franklin County, pretrial conferences are scheduled for the Thursday prior to the date for jury selection once each term (two month period).
42 Recommendation 2.6C - Reduce continuances at all CCP hearings.
43 Recommendation 2.6C - Reduce continuances at CCP hearings. The Justice Management Institute 36
Franklin County Justice System Business Process Analysis Trial, Verdict and Sentencing 39th Jud. Dist. R. Crim. P. 39-703(d) 234 Pa.R.Crim.P. 600, 620, 622, 630, 631, 640, 648, 700-5, 721
Trials in a court case are required within 356 days from the date the complaint is filed with the Magisterial District Court. If the defendant is in custody, the trial must commence 180 days from the date the complaint is filed. The defendant and the District Attorney may waive a jury trial with the approval of the judge and a verdict is returned within 7 days of the non-jury trial.
Before a jury trial is conducted, a panel of 12 qualified jurors + 2 alternates is typically selected and sworn to hear the case. Court administration typically conducts Jury selection several times a trial term on Mondays. If the defendant is found guilty by jury, the Judge will impose a sentence. The Judge may order a pre-sentence investigation report from Probation, a psychiatric or a psychological examination. Where a conviction occurs, a sentencing hearing follows. Depending upon the particulars of the sentence judgment, post-sentence proceedings such as probation hearings may occur. At the conclusion of the case, the case file is closed and archived. In Franklin County, trials are scheduled for once each term (two month period), although judges schedule their own dockets and my add trial dockets to their calendar.
Table 2.13 Trial Outcomes 2012* # outcomes % total Jury trial verdict 60 33% Non-jury trial verdict 21 11% Inactive 58 32% Other 45 24% Total outcomes 184 100% *Source: CPCMS Case Management Statistics
Recent data from CPCMS suggest that Franklin County has made progress in managing case flow and clearance and is beginning to reduce backlogs of pending cases. In late 2012, case clearance rates varied greatly from month to month while numbers of cases carried over increased. In recent months, clearance rate has stabilized and numbers of cases carried over have declined.
The Justice Management Institute 37 Franklin County Justice System Business Process Analysis Table 2.14 Case clearance and cases carried over*
As case clearance rates have trended up, volume of pending cases has declined from local highs in mid- 2012. The percentage of pending cases that are over 60 days has increased, specifically in the 61-180 day range. About 20% of pending cases are over 300 days.
Table 2.15 Composition of pending cases by age*
Since the end of 2012, there has been a decline in the number of active cases in the Court of Common Pleas. Some of this decline can be attributed to reductions in cases that are awaiting sentencing. F e b - 1 2 M a r - 1 2 A p r - 1 2 M a y - 1 2 J u n - 1 2 J u l - 1 2 A u g - 1 2 S e p - 1 2 O c t - 1 2 N o v - 1 2 D e c - 1 2 J a n - 1 3 F e b - 1 3 M a r - 1 3 A p r - 1 3 M a y - 1 3 J u n - 1 3 J u l - 1 3 A u g - 1 3 S e p - 1 3 0% 25% 50% 75% 100% 125% 150% 175% 200% -300 -200 -100 0 100 200 300 Cases Carried Over (#) Clearance Rate (%) Source: www.pacourts.gov 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% J a n - 1 2 F e b - 1 2 M a r - 1 2 A p r - 1 2 M a y - 1 2 J u n - 1 2 J u l - 1 2 A u g - 1 2 S e p - 1 2 O c t - 1 2 N o v - 1 2 D e c - 1 2 J a n - 1 3 F e b - 1 3 M a r - 1 3 A p r - 1 3 M a y - 1 3 J u n - 1 3 J u l - 1 3 A u g - 1 3 S e p - 1 3 0 to 60 days 61 to 120 days 121 to 180 days 181 to 240 days 241 to 300 days Over 300 days Source: www.pacourts.gov The Justice Management Institute 38 Franklin County Justice System Business Process Analysis Further, it is evident in the chart below how volume of active cases can be impacted by cases awaiting sentence.
Table 2.15 Count of active cases by type*
By combining the information above with event level data provided by the Court of Common Pleas, it appears that the growth in volumes of aged cases can be attributed to continuances, particularly at the Call of the List and Pretrial Conference.
Table 2.16 Fallout by event type Jan 2013 - Sep 2013*
Mandatory Arraignment Call of the List Pretrial Conference # event % total # event % total # event % total Disposed 1224 52% 468 34% 35 12% Waived to COL 722 30% 0 0% 0 0% Bench Warrant 105 4% 61 4% 8 3% Continued 274 12% 642 47% 175 58% No Action Taken 49 2% 0 0% 0 0% Waived to PTC 0 0% 203 15% 0 0% Jury Trial Scheduled 0 0% 0 0% 70 23% Trial Scheduled (w/o Jury) 0 0% 0 0% 13 4% Total 2374 1374 301 *Source: Court Administration reports
0 100 200 300 400 500 J a n - 1 2 F e b - 1 2 M a r - 1 2 A p r - 1 2 M a y - 1 2 J u n - 1 2 J u l - 1 2 A u g - 1 2 S e p - 1 2 O c t - 1 2 N o v - 1 2 D e c - 1 2 J a n - 1 3 F e b - 1 3 M a r - 1 3 A p r - 1 3 M a y - 1 3 J u n - 1 3 J u l - 1 3 A u g - 1 3 S e p - 1 3 Awaiting Sentencing New Case Other Reopened Source: www.pacourts.gov The Justice Management Institute 39 Franklin County Justice System Business Process Analysis Appeal, Sentence Review, and Modifications Court of Common Pleas 234 Pa.R.Crim.P. 708, 720, 721, 901-8, 910 The defendant in a court case shall have the right to make a post-sentence motion. Following the filing of the post-sentence motion, a judge will determine whether a hearing or argument on the motion is required. Typically, post-sentence motions must be filed no later than 10 days after imposition of the sentence. The District Attorney may file post-sentence motions to modify or appeal a sentence.
Petitions for post-conviction collateral relief may be filed within one year of the disposition date. A Judge may grant, dispose or order an answer to the petition. A hearing may be set to consider the petition, or the judge may dispose of the petition without a hearing.
If the court finds the defendant has violated a condition of probation, parole, or intermediate punishment, the court shall sentence the defendant for all the plead offenses.
Cases may be reopened post disposition if the conditions of the sentence are modified or violated. Typically, post sentencing motions are filed with the Clerk of Courts within 7 days of the sentence date. 44 If a judge finds the offender has violated the conditions of the sentence, the Judge may add conditions (such as Probation, Day Reporting or Jail), or extend existing conditions.
Post-Conviction Probation Supervision Adult Probation is also responsible for the supervision of offenders convicted and sentenced to probation. Offenders may come from either the Magisterial District Court or the Court of Common Pleas through a guilty plea or conviction at trial. The process of screening, assessment, case plan development, and supervision is then very similar as in the case of pretrial supervision.
However, offenders are re-evaluated using the assessment tools (e.g., LSI-R and the Wisconsin Model, and Static-99 for Sexual Offender population) every six months and case plans are adjusted accordingly. Furthermore, case plans may be re-evaluated if conditions of probation are unmet, which will again trigger an internal hearing process. Extreme cases will be referred to court for formal violation hearings.
Levels of treatment of supervision are determined by a number of factors including risk level (supervision levels include nominal, moderate, intensive, and enhanced) and type of charge (e.g., DUI and sex offenses have specialized units). Some of the programs for sentenced probationers are: Electronic Monitoring (includes EM anklets and SCRAM monitoring for alcohol consumption monitoring) Day Reporting Center (please see section of Day Reporting Center) Community Service Pre-Release (Work Release) Specialized Mental Health Supervision Program 44 Statutory time limit. The Justice Management Institute 40
Franklin County Justice System Business Process Analysis Specialized Sexual Offender Supervision Program Mental Health/ Jail Diversion Program Drug & Alcohol Probation Partnership Program (DAPP) Alcohol Highway Safety School, Multiple Offender Program, and Group Intervention Program classes for DUI offenders
In addition to these formal programs, Adult Probation may mandate treatment programs, educational programs, and employment or workforce development programming.
Workflow Diagrams The workflow diagrams on the following pages illustrate the business processes for all criminal justice stakeholders preceded by a high-level 1 analysis for the entire criminal process:
Level 1 Criminal Process 1.0 Franklin County Jail 2.0 Public Defender 3.0 Magisterial District Court 4.0 District Attorney 5.0 Court of Common Pleas 6.0 Adult Probation 7.0 Sheriff 8.0 Day Reporting Center
Many of the automation and business process recommendations are illustrated in pink and indexed to the workflow diagrams. All of the recommendations are identified in Chapter Six, Recommendations. The primary business processes are also presented in the narrative above, focusing on key significant events, starting from case initiation, through the pretrial, adjudication and post-disposition process.
The Justice Management Institute 41 Franklin County Justice System Business Process Analysis
Level 1 Felony and Misdemeanor Workflow 1.0 Jail - Central Booking 2.0 Public Defender 4.0 District Attorney Summons 5.0 Court of Common Pleas 5.0 Level I or II High Level Process Workflow Direction Process Initiation 5.0 Level I Process 5.0 Separate Document Legend Decision? 3.2.6 Level III Process Integration Touchpoint GPS Maps Email SMS 3.2.7D Document 3.1.8C Calendar/ Table Mail eSignature ePrint Shared Service Camera 8.0 Day Reporting Center Arrest PT_6.0 Probation/ Pretrial Svcs 3.0 Magisterial District Court 6.0 Adult Probation 1.0 Jail DOC_01 State Corrections 7.0B Sheriffs Prisoner Transport 7.0D Sheriffs Warrant Service CONST_01 Bench Warrants Felony and Misdemeanor Casetypes Level 1
The Justice Management Institute 42
Franklin County Justice System Business Process Analysis
1.0 Jail Workflow Processes CB_1.1 Central Booking 1.1 Booking 1.2 Intake & Classification 1.4 Program Management 1.5 Medical Screening 1.6 Records Management 1.7 Release and Close 1.3 Video Arraignment 1.8 Archive 5.0 Court Order LE_01 Arrest CPCMS_03 Orders MDJS_02 Hearing List CPCMS_02 Hearing List 10.0 Document Management 11.0 Calendar 12.0 Financials 13.0 Service/ Notice Shared Processes Integ_04 Court Calendar Integ_06 Escrow Accounting Integ_05 County Financials Integ_16 Dispatch & GIS Integ_01 Document Mgmt
The Justice Management Institute 43
Franklin County Justice System Business Process Analysis
2.0 Public Defender Workflow Processes Email 2.5 Discovery eFile_03 Motions 5.9 Trial 5.7 Pre-trial conference 5.5 Mandatory arraignment 5.6 Call of the list 2.4 Correspon- dence Guilty Plea SMS Guilty? End Yes Yes No No CPCMS_01 Assignment 3.3 Preliminary Hearing (MDJ) CPCMS_02 Hearing List 2.7 Plea negotiations Yes No 2.8 Post-Dispo Review 2.10 Case Closed 2.11 Archive PD_01 Assignment 2.6 Motion Practice ARD? 5.11 ARD/ Probation CPCMS_04 Verdict Prob_01 Recommenda -tions CPCMS_05 Disposition 10.0 Document Management 11.0 Calendar 12.0 Financials 13.0 Service/ Notice Integ_04 Court Calendar Integ_06 Escrow Accounting Integ_05 County Financials Integ_16 Dispatch & GIS Integ_01 Document Mgmt DA_03 Plea Negotiations MDJS_01 Complaint Affidavit MDJS_01 Hearing List CPCMS_03 Orders CL_01 Conflict Assignment Prob_01 Recommenda -tions 5.10 Sentencing DA_02 Discovery Drop Box DA_01 Bill of Information 2.2 Assignment 2.3 Initial Defendant Review 2.1 Intake Review Shared Processes Public Defender Application 1.0 Jail JAIL_01 Jail Referral Indigent? Conflict? End Yes CL_01 Conflict Lawyer Yes No No 2.9 Mods/ Appeals
The Justice Management Institute 44
Franklin County Justice System Business Process Analysis
3.0 Magisterial District Courts Criminal Workflow Processes
5.6 Consolidated Court Calendar 5.5 Document Management System 1.2 Cross-Agency Data Repository 3.2 Manage Case 10.0 Document Management 11.0 Calendar 12.0 Financials 13.0 Service/ Notice Shared Processes Integ_04 Court Calendar Integ_06 Escrow Accounting Integ_05 County Financials Integ_16 Dispatch & GIS Integ_01 Document Mgmt 7.0 Sheriff 3.4 Preliminary Arraignment 3.3 Discovery/ Motions 3.5 Prelim Hrg Central Court 3.1 Create Case 3.6 Case Close 3.7 Archive 4.0 District Attorney eFile_01 Summons eFile_04 Crim Motions 1.0 Jail - Central Booking Law Enf HC Summons Summons? Waive Prelim? 5.0 Court of Common Pleas No Yes No Yes
The Justice Management Institute 45
Franklin County Justice System Business Process Analysis
4.0 District Attorney Criminal Workflow Processes Email 3.2 Initial Appearance (MDJ) 4.4 Pretrial prep eFile_03 Motions 5.9 Trial 5.7 Pre-trial conference 5.5 Mandatory arraignment 5.6 Call of the list 4.3 Correspon- dence Guilty Plea SMS Guilty? End Yes Yes No No CPCMS_01 Assignment 4.1 Grand jury 3.3 Preliminary Hearing (MDJ) 4.2 Charging instrument CPCMS_02 Hearing List 4.6 Plea negotiations Yes No 4.7 Post- Sentence Review 4.8 Case Closed 4.9 Archive PD_01 Assignment Complaint 4.5 Motion Practice ARD? 5.11 ARD/ Probation CPCMS_04 Verdict Prob_01 Recommenda -tions CPCMS_05 Disposition 10.0 Document Management 11.0 Calendar 12.0 Financials 13.0 Service/ Notice Shared Processes Integ_04 Court Calendar Integ_06 Escrow Accounting Integ_05 County Financials Integ_16 Dispatch & GIS Integ_01 Document Mgmt PD_02 Counter- offers MDJS_01 Complaint Affidavit MDJS_01 Hearing List CPCMS_03 Orders CL_01 Conflict Assignment Prob_01 Recommenda -tions 5.10 Sentencing
The Justice Management Institute 46
Franklin County Justice System Business Process Analysis
5.0 Court of Common Pleas Criminal Workflow Processes
5.6 Consolidated Court Calendar 5.5 Document Management System 1.2 Cross-Agency Data Repository 3.2 Jury Management System 5.3, 5.5 Verdict Sentencing Order 5.8 Jury Selection 5.5 Mandatory Arraignment 5.2 Manage Case 10.0 Document Management 11.0 Calendar 12.0 Financials 13.0 Service/ Notice Shared Processes Integ_04 Court Calendar Integ_06 Escrow Accounting Integ_05 County Financials Integ_16 Dispatch & GIS Integ_01 Document Mgmt 4.0 District Attorney 5.6 Call of the list 5.9 Trial 5.3 Discovery/ Motions 5.7 Pretrial Conference 5.10 Sentencing 5.1 Create Case + Assignment 5.4 Omnibus Hearings 5.13 Case Close 5.14 Archive Guilty Plea? 8.0 Day Reporting Center 6.0 Adult Probation 1.0 Jail DOC_01 State Corrections Other Outcome 5.12 Mods/ Appeals DA_01 Information MDJS_01 Compl Affid DA_04 Plea Negotiation eFile_03 Crim Motions Prob_01 Recommenda- tions Guilty? End Yes No Yes Yes No No DA_02 Assignment PD_02 Assignment CL_01 Conflict Lawyer MDJS_03 Orders 5.11 ARD/ Probation ARD?
The Justice Management Institute 47
Franklin County Justice System Business Process Analysis
PT_6.0 Pretrial Services Adult Probation Criminal Workflow Processes PT_6.5 Draft Court Order 5.5 Mandatory Arraignment PT_6.1 Case Initiation PT_6.2 Screening & Assignment PT_6.3 Supervision/ Services PT_6.7 Case Close PT_6.4 Case Updates PT_6.8 Archive 10.0 Document Management 11.0 Calendar 12.0 Financials 13.0 Service/ Notice Shared Processes Integ_04 Court Calendar Integ_06 Escrow Accounting Integ_05 County Financials Integ_16 Dispatch & GIS Integ_01 Document Mgmt PT_6.6 Status Change No Yes 3.4 Preliminary Arraignment Violation? SVC_01 Svc Providers Prob_02 Draft Order CPCMS_03 Court Order 5.4 Omnibus Hearing Jail? 1.0 Jail - Central Booking Yes No CPCMS_05 Sentence State Prison? PT_6.9 Transfer to Probation
The Justice Management Institute 48
Franklin County Justice System Business Process Analysis
6.0 Adult Probation Criminal Workflow Processes
Adult Probation Payment Division 6.9 Draft Court Order 5.9 Trial 5.10 Sentencing Guilty Plea? Guilty? End Yes No Yes No 6.1 Case Initiation 6.2 Screening & Assignment 6.3 Assessment & Case Plan 6.4 Supervision/ Services 6.10 Case Close 6.5 Reassess/ Modify Case Plan 6.7 Case Updates 6.11 Archive 10.0 Document Management 11.0 Calendar 12.0 Financials 13.0 Service/ Notice Shared Processes Integ_04 Court Calendar Integ_06 Escrow Accounting Integ_05 County Financials Integ_16 Dispatch & GIS Integ_01 Document Mgmt F_6.1 Court Order- Cost, Fines, Rest F_6.2 Payment Plan F_6.3 Collections 6.6 Discharge F_6.5 Probation Discharge CPCMS_03 Court Order SVC_01 Svc Providers FIN_01 Transac- tions CPCMS_03 Court Order FIN_02 Discharge 5.5 Mandatory Arraignment F_6.4 Reassess/ Modify Payment Plan DRC? Yes No 6.8 Violation of Conditions CPCMS_05 Sentence Transfer from Other County Paid In Full? Yes No 8.0 DRC Refer to Court? Yes No 5.4 Omnibus Hearing PROB_02 Draft Order Yes New Charges?
The Justice Management Institute 49
Franklin County Justice System Business Process Analysis
7.0B Sheriff Prisoner Transport
7.1B Intake 7.2B Prisoner Transport 5.0 Court of Common Pleas Court_01 Transfer Orders Central Court Jail_01 Transfer Information State_01 Transfer Information 7.3B End of Transport
The Justice Management Institute 50
Franklin County Justice System Business Process Analysis
7.0D Sheriff Warrant Service
7.1D Intake 7.2D Service attempt 7.3D Transport to Jail 7.4D Return Clerk of Courts CPCMS_03 Warrant Orders Successful? No Yes eFile_01 Warrant served
The Justice Management Institute 51
Franklin County Justice System Business Process Analysis
8.0 Day Reporting Center
8.9 Draft Court Order 5.9 Trial 5.10 Sentencing Guilty Plea? Guilty? End Yes No Yes No 8.1 Case Initiation 8.2 Screening & Assignment 8.3 Assessment & Case Plan 8.4 Supervision/ Services Violation? 5.4 Omnibus Hearing 8.10 Case Close 8.8 Probation Hearing 8.5 Reassess/ Modify Case Plan 8.7 Case Updates Refer to Court? 8.11 Archive 10.0 Document Management 11.0 Calendar 12.0 Financials 13.0 Service/ Notice Shared Processes Integ_04 Court Calendar Integ_06 Escrow Accounting Integ_05 County Financials Integ_16 Dispatch & GIS Integ_01 Document Mgmt 8.6 Discharge Yes No No Yes PROB_03 Discharge PROB_02 Draft Order Yes 5.5 Mandatory Arraignment New Charges? 1.0 Jail JAIL_01 Jail Referral CPCMS_04 Court Order Adult Probation Payment Division F_6.1 Court Order- Cost, Fines, Rest F_6.2 Payment Plan F_6.3 Collections F_6.5 Probation Discharge FIN_01 Transac- tions CPCMS_03 Court Order FIN_02 Discharge F_6.4 Reassess/ Modify Payment Plan Paid In Full? Yes No
The Justice Management Institute 52
Franklin County Justice System Business Process Analysis Chapter 2 Summary Casetypes Summary offenses are low level crimes or traffic violations that are normally handled before a Magisterial District Judge. Franklin County includes seven Magisterial District Courts:
Chambersburg District Court 39-2-01 Waynesboro District Court 39-3-02 Pleasant Hall District Court 39-3-03 Scotland District Court 39-3-04 Greencastle District Court 39-3-05 Mercersburg 39-3-06 Chambersburg East District Court 39-3-07
Summary cases are initiated by the issuance of a citation by law enforcement to the defendant or the filing of a complaint with the District Judge. The citation or complaint is filed with the local District Court within 5 days of issuance. Some law enforcement agencies, such as the Pennsylvania State Police (PSP), electronically file most traffic citations into the Magisterial District Judge System (MDJS case management system). Summary casetypes include:
Level I Traffic Case Overview Following the filing of the citation, the District Court issues a summons for the defendant to answer the complaint within 10 days of the issuance of the summons. Summons are mailed to the defendant by the Magisterial District Court via first class and registered mail. If the defendant pleads not guilty, a trial is scheduled in the local District Court and the Magisterial Judge will decide the case. At summary trial the defendant must appear as well as the officer issuing the citation, any witnesses, or victims.
At any time before the disposition of the case, a defendant may plead guilty or accept an accelerated rehabilitative disposition (ARD). If the defendant enters into ARD, they are sent to Probation for intake. Once the defendant has completed the ARD program, the charges are dismissed and the case disposed. If the defendants sentence includes payment of fines and fees, the Magisterial Court will collect payments and set up payment plans. The Magisterial District Judge may order a bench warrant for the defendant if the defendant fails to answer the summons or violates the conditions of ARD or the payment plan.
The Justice Management Institute 53 Franklin County Justice System Business Process Analysis Key significant and secondary events define the criminal process for every case. The significant events at the core of the process are on the critical path, defined by Pennsylvania (PA) rules of procedure as sequential. Please see Table 2.1 on the following page for an illustration of the full process under the PA Code of Criminal Procedure.
Table 2.1 Summary case filings and dispositions in Franklin County 2012
Considerable discussion with the Magisterial District Courts has revolved around records (case file) retention policies. Currently, summary offense cases are kept for seven years for auditing purposes. JMI recommends an interpretation by the AOPC governing the retention or archiving of electronic records for state auditing purposes. JMIs opinion regarding the AOPC Record Retention & Disposition Schedule with Guidelines, 45 January 2014, is that electronic records are permissible to be kept in lieu of paper records, provided the court follows the rules and guidelines for electronic records [3.4A]. 46
46 Recommendation 3.4A Scan and index all Magisterial District Court records. The Justice Management Institute 54
Franklin County Justice System Business Process Analysis Table 2.2 Summary Offense Casetypes PA Criminal Code Rules Analysis
Magisterial District Court Police Court of Common Pleas Pa.Code.Rule. 400 Means of Instituting Proceedings In Summary Cases Pa.Code.Rule. 402 Persons Who Shall Use Citations Pa.Code.Rule. 405 Issuance of Citation Pa.Code.Rule. 421 Procedure Following Filing of Complaint Issuance of Summons SUMMARY OFFENSE CASEFLOW Significant events, time and fallout analysis DATE: October 25 th 2013 Events Time Rules 5 days 1 Citation/ Summons 3 Answer 4 Trial / Hearing 2 Case Issued 5 Appeal 10 days 30 days 4.1 Payment Conference Pa.Code.Rule. 407, 409, 422 Pleas in Response to Citation, Summons Pa.Code.Rule. 408, 413, 423 Not Guilty Pleas, Notice of Trial Pa.Code.Rule. 409, 414, Guilty Pleas Pa.Code.Rule. 430 Issuance of Warrant Pa.Code.Rule. 431 Procedure When Defendant Arrested With Warrant Pa.Code.Rule. 470 Procedures Related to License Suspension After Failure to Respond to Citation or Summons or Failure to Pay Fine and Costs Pa.Code.Rule. 406 Issuance of Citation Pa.Code.Rule. 411 Procedures Following Filing of Citation Issuance of Summons Pa.Code.Rule. 451 Service Pa.Code.Rule. 460 Notice of Appeal Pa.Code.Rule. 462 Trial De Novo The Justice Management Institute 55 Franklin County Justice System Business Process Analysis Case Fallout by Disposition Type Table 2.3 below illustrates the 2012 dispositions and fallout by disposition type. The dynamics of what type of disposition and how and why they occur is the very core definition of caseflow management and is impacted by the local legal culture, all the justice system stakeholders, as well as the defendant and defense counsel.
Table 2.3 Dispositions by type in Franklin County 2012
Graph 2.4 Dispositions by type in Franklin County 2012
Hearings and Continuances A clear majority of dispositions for summary offenses are by guilty plea, of which most are by written answer or fine payment by the defendant. As a result, the burden of continuances and managing numerous hearings is not as great. Nonetheless, magisterial district judges are trying over 250 cases 6.6% 1.7% 83.9% 0.0% 5.1% 2.5% 0.2% 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 90.0% T r i a l
G u i l t y T r i a l
N o t
G u i l t y G u i l t y
P l e a A R D D i s m i s s a l W i t h d r a w P r o s e c u t i o n O t h e r The Justice Management Institute 56 Franklin County Justice System Business Process Analysis each per year, which is quite significant. It would be beneficial to track the number of events, hearings and trials for summary cases.
The data from active pending and inactive cases and the age of active pending cases enable some inferences to be drawn.
Table 2.5 Inactive and Inactive Summary Cases in Franklin County 2012 Casetypes Active Pending Cases Inactive Cases Private Criminal Complaints 798 600 Traffic 1,680 1,335 Non-Traffic 2,665 943 TOTAL 5,143 2,878 Source: www.pacourts.gov
Based on the number of filings, and a target of 60 days from filing to disposition, the active pending caseload should be approximately 1,800 cases 47 . It is likely that many are inactive or unpaid fines that have not been pursued. JMI recommends that the District Courts conduct a review of active pending cases [1.2D]. 48 Inactive cases are primarily due to arrest warrants (failures to appear or to pay) and bankruptcies and are not relevant to the analysis.
Significant Event Narrative The following narrative is indexed to the business process analysis diagrams at the conclusion of the chapter. Recommendations relevant to the three primary initiatives and high priority recommendations are footnotes to the text, with blue-highlighted recommendations representing those that were selected for the first year of implementation. A summary is provided at the end of the chapter and aggregated into separate implementation plans for each of the three initiatives:
C. Communications and System-Wide Decision Making D. Justice Reinvestment F. Franklin County Justice System Technology Strategic Plan
47 22,059 filings/12 = 1,838 cases. A time to disposition goal of 60 days infers a pending caseload of approximately half the filings for a 60 day period, which would be 1/6 x 1/2 = 1/12.
48 Recommendation 1.2D Review MDJS active pending caseload The Justice Management Institute 57
Franklin County Justice System Business Process Analysis Case Initiation Citation and Warrants 234 Pa.R.Crim.P. 117, 400, 402, 405, 406, 410, 411, 430, 431, 440, 441, 451, 470 Proceedings in summary cases shall be instituted by arrest without a warrant, the issuance of a citation to the defendant, or the filing a complaint or citation. Law enforcement shall institute summary proceedings by citation, with or without issuing it to the defendant. In some instances, the citation may be filed via advanced communication technology [3.2A]. 49 Within five days after a citation is issued to the defendant, the citation shall be filed with the proper issuing authority. Upon the filing of the citation, a summons is issued directing the defendant to respond within 10 days of receipt of the summons [3.5A]. 50 The judge may order a bench warrant if the defendant fails to respond to the summons. For certain cases involving Vehicle Code or local traffic ordinances, the defendants drivers license may be suspended [3.4A, 3.4C]. 51
The defendant shall notify the issuing authority of their plea within 10 days of the issuance of the citation. If the defendant enters a plea of not guilty a date is fixed for trial [3.3C]. 52 A defendant may enter a guilty plea in writing or at a hearing. In pleas that involve payment of fines and costs, a payment plan may be established. The judge may issue a bench warrant if the defendant fails to pay fines and costs or complete intermediate punishment.
The primary purpose of the ARD program is the rehabilitation of the offender; secondarily, the purpose is the prompt disposition of charges, eliminating the need for costly and time-consuming trials or other court proceedings. If the defendant is eligible for entry into the ARD program, the magisterial judge may enter the defendant into an ARD program. If the defendant does not enter, or fails to complete ARD, the case proceeds to summary trial. Only seven summary cases were disposed by ARD in 2012. This is in large part due to the nature of sanctions in summary cases, which are generally the payment of 49 Recommendation 3.2A Expand e-filing from law enforcement. Traffic citations are e-filed from PSP.
50 Recommendation 3.5A Calendars and notices from MDJS to UCMS and offender portal.
51 Recommendation 3.4A Scanning and indexing of complaint and affidavit of probable cause.
Recommendation 3.4C Embed Document Management System in MDJS
52 Recommendation 3.3C Magisterial District Court data integration.
The Justice Management Institute 58
Franklin County Justice System Business Process Analysis a fine and/or restitution. An ARD disposition would not remove these sanctions, and a summary offense generally has little impact on a persons long term record.
Trial and Sentencing 234 Pa.R.Crim.P. 454, 455, 456, 457, 458
At any time before the summary trial or a guilty plea, the charges may be withdrawn or dismissed upon satisfaction or agreement. Once a trial is conducted and a verdict has been reached, the sentence, if any, may be imposed [3.3C]. 53 If the defendant fails to appear for trial in a summary case, the trial may be conducted in the defendants absence or a bench warrant may be issued. If the defendant defaults on payment of fine or costs, a judge may order an arrest warrant and subsequently conduct a hearing of the defendants ability to pay.
In certain instances, convictions on summary cases may appeal. A notice of appeal may be filed within 30 days of the conviction or entry of guilty plea [3.2C, 3.2D]. 54 When a defendant appeals after the entry of a guilty plea or a conviction in a summary proceeding the case shall be heard de novo by a judge of the court of common pleas without a jury. For certain appeals involving Vehicle Code or local traffic ordinances, the law enforcement officer who observed the alleged offense must appear and testify.
Workflow Diagrams The workflow diagrams on the following pages illustrate the business processes for all criminal justice stakeholders preceded by a high-level 1 analysis for the entire traffic process:
Level 1 Traffic Process 9.0 Magisterial District Court
Many of the automation and business process recommendations are illustrated in pink and indexed to the workflow diagrams. All of the recommendations are identified in Chapter Six, Recommendations. The primary business processes are also presented in the narrative above, focusing on key significant events, starting from case initiation, through the pretrial, adjudication and post-disposition process. 53 Recommendation 3.3C Magisterial District Court data integration.
54 Recommendation 3.2C E-filing from Public Defender.
Recommendation 3.2D E-filing from private attorneys. The Justice Management Institute 59
Franklin County Justice System Business Process Analysis Summary Cases Workflow Level 1 Summary Casetypes 1.0 Jail - Central Booking Citation 5.0 Level I or II High Level Process Workflow Direction Process Initiation 5.0 Diagrammed Level I Process 5.0 Separate Document Legend Decision? 3.2.6 Level III Process Integration Touchpoint 3.2.7D Document PT_6.0 Probation/ Pretrial Svcs 3.0 Magisterial District Court MDJS_03 Orders F_6.0 Probation Fines Collection 6.0 Adult Probation 1.0 Jail MDJS_03 Suspend License MDJS_03 Orders Department of Motor Vehicles
The Justice Management Institute 60 Franklin County Justice System Business Process Analysis Summary Cases Workflow 5.6 Consolidated Court Calendar 5.5 Document Management System 1.2 Cross-Agency Data Repository 5.3, 5.5 Verdict Sentencing Order Traffic and Non-Traffic Citations Level 2 3.0 Magisterial District Courts T_3.2 Manage Case 10.0 Document Management 11.0 Calendar 12.0 Financials 13.0 Service/ Notice Shared Processes Integ_04 Court Calendar Integ_06 Escrow Accounting Integ_05 County Financials Integ_16 Dispatch & GIS Integ_01 Document Mgmt 7.0 Sheriff T_3.4 Trial/ Disposition T_3.3 Payment Plan T_3.1 Create Case T_3.6 Case Close T_3.7 Archive F_6.0 Probation Fines Collection 1.0 Jail DMV_01 Suspend License T_3.5 Mods/ Appeals eFile_01 Citation eFile_03 Criminal Motions End Not Guilty Plea? Fine Paid? ePay_01 Fine Yes No Yes No Law Enf HC Citation
The Justice Management Institute 61 Franklin County Justice System Business Process Analysis Chapter 3 Juvenile Delinquency Proceedings in a juvenile case in the Court of Common Pleas begin with the filing of a petition by Juvenile Probation or the Commonwealth. Once a petition has been filed, the court schedules an adjudicatory hearing and a summons is issued instructing the juvenile to appear for an adjudicatory hearing. At any time after the filing of a petition and before the first adjudicatory hearing the youth may make an admission or court may move to transfer the case to criminal court or to divert the juveniles case via consent decree. Following the filing of the petition, the period for pre-adjudicatory discovery and inspection begins and attorneys for the defense and Commonwealth may file motions with the court.
Once pre-adjudicatory motions and inspection are complete, the adjudicatory hearing is conducted in the Court of Common Pleas and the judge makes a determination in the juveniles case. If a juvenile is detained, the adjudicatory hearing is held within 10 days of the filing of the petition. Within seven days of the adjudicatory hearing or admission the Court shall enter a ruling on the offenses, if any, were committed by the juvenile. Adjudicatory hearings may be conducted via advanced communication technology.
Juvenile Delinquency Casetype Overview Since 2006, overall numbers of allegations associated with disposed juvenile delinquency cases have declined by over 20 percent. Much of this decline can be associated with a decline in property offenses, particularly theft. Decline in person offenses can be attributed, in part, to declines in burglary charges. Disorderly conduct/criminal mischief was the only category experiencing an overall increase over the analysis period. Magisterial District Judge referrals can relate to violations in summary cases, contempt, or failure to pay fines and fees. Typically, most referrals from the Magisterial District Courts come from the Chambersburg District. Recently, juvenile referrals from this district have increased substantially from recent lows in 2010 and 2011.
Table 4.1 Charges associated with allegations by type*
2008 2009 2010 2011 2012 DUI 25 40 27 13 16 Weapons 32 17 21 17 20 Disorderly conduct/criminal mischief 42 63 82 25 61 MDJ 132 137 114 102 113 Other 216 94 93 96 114 Drugs 127 144 149 150 126 Summary 180 139 106 121 129 The Justice Management Institute 62 Franklin County Justice System Business Process Analysis Person 205 145 147 87 140 Property 326 262 197 212 232 Total charges 1285 1041 936 823 951 Total allegations 633 563 498 452 472 *Source : Franklin County Juvenile Probation 2012 Annual Report
Between 2008 and 2012, there has been a decline in allegations originating from borough and township law enforcement, although these still make up about 50% of petitions filed. Pennsylvania State Police typically account for 25% of allegations filed. The remaining 25% of allegations typically originate from the Magisterial District Courts themselves. Recently, the Chambersburg school district added a police force contributing to growth in the Other category.
Table 4.2 Allegations filed by Juvenile Probation*
2007 2008 2009 2010 2011 2012 State Police 156 136 134 101 125 117 Borough/Township 292 344 275 259 200 170 Other 2 6 4 2 2 47 Private / Transfer 15 16 32 32 24 29 Magisterial District Courts 140 131 118 104 101 109 Total allegations 605 633 563 498 452 472 *Source : Franklin County Juvenile Probation 2012 Annual Report
Chart 4.3 Allegations filed
605 633 563 498 452 472 0 100 200 300 400 500 600 700 2007 2008 2009 2010 2011 2012 The Justice Management Institute 63 Franklin County Justice System Business Process Analysis Chart 4.4 Percentage allegations filed in 2012
The use of secure detention following the allegation has varied substantially over recent years in Franklin County. Further, subsequent detention hearings may impact case flow and extend time to disposition in a case. While the number of juveniles detained has been greatly reduced, the rate of detention with respect to total dispositions remains near recent highs.
Table 4.5 Secure detention by year of disposition*
The decision to proceed with a case on a formal track can have a significant impact upon case flow and associated business of the court. Of the 20% decline in case volume since 2006, two thirds of this decline has occurred in formal track cases. Of cases disposed in 2012, about 5% fewer are being handled on the formal track than in 2006.
25% 36% 10% 6% 23% State Police Borough/Township Other Private / Transfer Magisterial District Courts The Justice Management Institute 64 Franklin County Justice System Business Process Analysis Chart 4.6 Manner of handling by year of disposition
Clearance Rate In addition to new cases filed, the volume of pending cases is an important measure for managing case flow. The case clearance rate is a way to determine if the Court is disposing more cases than are filed. A clearance rate over 100% can indicate a Court is clearing old cases and reducing the volume of pending cases. Franklin County Juvenile Probation data suggest a recent increase in the rate of case clearance. At the end of 2012, there were approximately 100 cases pending disposition in Juvenile court.
47% 41% 38% 38% 47% 39% 42% 53% 59% 62% 62% 53% 61% 58% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 2006 2007 2008 2009 2010 2011 2012 Formal Informal *Source:Pennsylvania Juvenile Deliquency Data Tool The Justice Management Institute 65 Franklin County Justice System Business Process Analysis Chart 4.8 Juvenile Delinquency clearance rate 2008-12*
*Source: Franklin County Juvenile Probation 2012 Annual Report
Caseflow Rules Map Key significant and secondary events define the case process for juvenile delinquency cases. The significant events at the core of the process are on the critical path, defined by Pennsylvania (PA) rules of procedure as sequential. Please see Table 4.9 on the following page for an illustration of the full process under the PA Code.
89% 98% 92% 100% 104% 80% 85% 90% 95% 100% 105% 110% 2008 2009 2010 2011 2012 The Justice Management Institute 66 Franklin County Justice System Business Process Analysis Table 4.9 Juvenile Delinquency Casetype PA Criminal Code Rules Analysis
Juvenile Probation Superior Court Juvenile Probation Detention Police Court of Common Pleas Allegation Pa Code Rule 200 Commencing Proceedings Pa Code Rule 210 Arrest Warrants Pa Code Rule 220 Procedure in Cases Commenced by Arrest Without Warrant Pa Code Rule 231 Written Allegation 39th Jud. Dist. Rule 39-210 Arrest Warrants JUVENILE DELINQUENCY CASEFLOW Significant events, time and fallout analysis DATE Pa Code Rule240 Detention of Juvenile Pa Code Rule 242 Detention Hearing Pa Code Rule 311 - Intake Conference Pa Code Rule 312 - Informal Adjustment Pa Code Rule 313 Detention from Intake Pa Code Rule 330 Petition: Filing, Contents, Function Pa Code Rule 331 Service of Petition Pa Code Rule 334 Amendment of Petition Pa Code Rule 335 Withdrawal of Petition Pa Code Rule 337 Filing of Petition after Case has been Transferred from Criminal Proceedings Pa Code Rule 370 Consent Decree Pa Code Rule 390 Notice of Request for Transfer to Criminal Proceedings Pa Code Rule 394 Transfer Hearing Events Time Rules If detained: hearing in 72 hours 1 Arrest 2 Detention 3 Detention Hearing 6 Intake Conference 8 Petition 10 Discovery 11 Finding of Fact 12 Adjudication 9 Transfer to Adult Court 13 Disposition 14 Post Dispositional Motions 15 Appeals 1A Delinquency Petition If not detained: Summons issued 14 days prior to Adjudicatory hearing If detained: Summons issued 7 days prior to Adjudicatory hearing Pa Code Rule221 Temporary Detention in Police Lock-Up Pa Code Rule240 Detention of Juvenile Pa Code Rule 404 Prompt Adjudicatory Hearing Pa Code Rule 406 Adjudicatory Hearing Pa Code Rule 407 Admissions Pa Code Rule 408 Ruling on Offenses Pa Code Rule 409 Adjudication of Delinquency 11.A Consent Decree 7 Informal Adjustment Pa Code Rule 340 Pre-Adjudicatory Discovery and Inspection Pa Code Rule 360 Summons and Notice If detained: Adjudicatory hearing within 10 days Pa Code Rule 500 Summons and Notice of the Dispositional Hearing Pa Code Rule 510 Prompt Dispositional Hearing Pa Code Rule 512 Dispositional Hearing Pa Code Rule 515 Dispositional Order If detained: Dispositional hearing within 20 days If not detained: Dispositional hearing within 60 days Pa Code Rule 600 Summons and Notice of the Commitment Review, Dispositional Review, and Probation Revocation Hearing Pa Code Rule 610 Dispositional and Commitment Review Pa Code Rule 612 Modification or Revocation of Probation Pa Code Rule 620 Dispositional Motions Pa Code Rule 622 Motion for Nunc Pro Tunc Relief Pa Code Rule 631 Termination of Court Supervision Pa Code Rule 632 Early Termination of Court Supervision by Motion Post-dispositional motions within 10 days Notice of appeal within 30 days of disposition or order deciding motion District Attorney 4 DA Review 5 Information Filed
The Justice Management Institute 67 Franklin County Justice System Business Process Analysis Significant Event Narrative The following narrative is indexed to the business process analysis diagrams at the conclusion of the chapter. Recommendations relevant to the three primary initiatives and high priority recommendations are footnotes to the text, with blue-highlighted recommendations representing those that were selected for the first year of implementation. A summary is provided at the end of the chapter and aggregated into separate implementation plans for each of the three initiatives:
1.0 Communications and System-Wide Decision Making 2.0 Justice Reinvestment 3.0 Franklin County Justice System Technology Strategic Plan
Proceedings in juvenile court cases are initiated with the filing of a written allegation, an arrest without a warrant, warrant arrest, or arrest for probable cause. When a juvenile is not under arrest, a written allegation shall be submitted to the juvenile probation office. The allegation identifies the juvenile and provides a summary of the alleged offense(s). If the juvenile is in detention, the written allegation shall be submitted to the court detention facility and then to juvenile probation.
If a juvenile is detained following arrest the allegation is examined and an intake conference can occur to determine the juveniles release. If the juvenile is not released, a detention hearing must occur within 72 hours following the juveniles admission to detention. At the detention hearing, the court determines whether there is probable cause in the case and that detention of the juvenile is warranted. If the youth remains in detention following the detention hearing, a petition is filed within 24 hours or the next business day. Detention hearings may be conducted via advanced communication technology. If the juvenile remains in detention an adjudicatory hearing is held within ten days from filing of the petition.
Following the filing of the allegation, if a juvenile is not detained, juvenile probation will determine jurisdiction in the case and whether to schedule an intake conference. The intake conference is conducted by the juvenile probation officer and serves to determine what action, if any, should be taken in the case. If the juvenile fails to appear for the intake conference, it may be rescheduled or a bench The Justice Management Institute 68 Franklin County Justice System Business Process Analysis warrant may be issued by the court. At the intake conference, the juvenile probation officer may determine the juvenile be detained and a detention hearing be conducted.
At any time prior to the filing of a petition, the juvenile probation officer may informally adjust the allegation. If the juvenile successfully completes informal adjustment, the case is dismissed. If the juvenile does not successfully complete the informal adjustment, a petition is filed.
Court proceedings in a juvenile case in the Court of Common Pleas begin with the filing of a petition by Juvenile Probation or the Commonwealth. Once a petition has been filed, the Court schedules an adjudicatory hearing and a summons is issued instructing the juvenile to appear for an adjudicatory hearing. At any time after the filing of a petition and before the first adjudicatory hearing the youth may make an admission or court may move to transfer the case to criminal court or to divert the juveniles case via consent decree.
The petition is filed in the Court of Common Pleas and serves to commence delinquency proceedings in the juveniles case. The petition identifies the juvenile, the alleged offense(s) and serves to establish the charges from the allegation, and the period of pre-adjudicatory discovery and inspection begins.
Once a case is initiated, hearings may be conducted by the juvenile master or a judge. In recent years, the percentage of total hearings that are conducted by a Judge has declined from over 30% in 2008 to about 23% in 2012. It is important to note that this statistic includes placement and disposition review hearings in addition to those associated with new cases.
Chart 4.10 Hearings conducted by Juvenile Probation*
424 412 445 391 462 196 162 207 118 144 0 100 200 300 400 500 600 700 2008 2009 2010 2011 2012 Master Hearing Judge Hearing *Juvenile Probation 2012 Annual Report The Justice Management Institute 69 Franklin County Justice System Business Process Analysis Admission, Adjudication and Ruling on Offenses 237 Pa. Code Rule 404, 406, 407, 408, 409
Once pre-adjudicatory motions and inspection are complete, the adjudicatory hearing is conducted in the Court of Common Pleas and the Judge makes a determination in the juveniles case. If a juvenile is detained, the adjudicatory hearing is held within 10 days of the filing of the petition. Within seven days of the adjudicatory hearing or admission the court shall enter a ruling on the offenses, if any, were committed by the juvenile. Adjudicatory hearings may be conducted via advanced communication technology.
If the Judge finds the juvenile has committed the acts alleged in the petition, the court schedules a hearing to determine if the juvenile is in need of treatment, supervision, or rehabilitation. If the juvenile is in detention and the court finds the juvenile in need, a dispositional hearing is set within 20 days of the ruling. If the court finds the juvenile in need and the juvenile is not in detention, a dispositional hearing is set within 60 days of the ruling.
Once a dispositional hearing has been set, the Court of Common Pleas issues a summons to parties in the case to notify of the date time and location of the hearing. The Judge may order social study, examinations, and victim-impact statements to aid decision in the case. At the conclusion of the dispositional hearing, the Judge issues a dispositional order. If the disposition of the case includes supervision, the case goes to Juvenile Probation for supervision. If the youth violates conditions of consent decree or probation a hearing may be conducted in the Court of Common Pleas. In most cases, the Judge will conduct dispositional review hearings every six months. Juvenile Probation notifies the court once the youth has completed supervision.
The Court will conduct dispositional review hearings for all supervised cases at least every six months. In all cases, the juvenile shall appear in person. The court may schedule a review hearing at any time. A juvenile may be detained for a modification of the dispositional order or a violation of probation by the filing of a motion. If the juvenile is detained the hearing on the motion shall be held within 10 days of the detention hearing.
The juvenile probation officer shall notify the court when the conditions of probation have been satisfied and the court shall decide if supervision should be terminated.
The point at which the case is disposed has significant impact upon case flow and the related business of the court. The longer a case stays active, the more pre-adjudicatory hearings and work is required. Since 2006, Franklin County has experienced a substantial increase in the percent of cases disposed via a The Justice Management Institute 70 Franklin County Justice System Business Process Analysis consent decree hearing. Similarly, the number of cases resolved at the dispositional hearing also experienced a dramatic increase since 2006.
Table 4.11 Type of hearing by year of disposition*
2006 2007 2008 2009 2010 2011 2012 Transfer to adult criminal 3 3 3 3 1 1 0 Disposition only 21 48 95 146 150 95 126 Adjudicatory 249 203 169 142 128 96 135 No type identified 318 345 230 98 95 101 108 Consent decree 16 6 97 143 90 104 116 Total 607 605 594 532 464 397 485 *Source: Pennsylvania Juvenile Delinquency Data Analysis Tool
Dispositions reached without a formal hearing occurring declined substantially between 2006 and 2013. In 2013, dispositions reached without a hearing represented about 25% of dispositions, a substantial drop from over 50% of dispositions in 2006. This statistic suggests that while volume of new cases may be declining, more of these cases are requiring one or more hearings prior to disposition.
Chart 4.12 Type of hearing by year of disposition*
The type of disposition for a case can also impact case flow. Dispositions that include supervision, services or placement can impact case flow, in part, due to post-adjudicatory hearings and violations. Overall, about 50% of dispositions involve probation or consent decree. While the percentage of dispositions involving consent decree has remained around 25%, the percentage of dispositions involving probation has declined 4%. Dispositions by stipulation on a citation represented about 10% of 318 345 230 98 95 101 108 16 6 97 143 90 104 116 249 203 169 142 128 96 135 21 48 95 146 150 95 126 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 2006 2007 2008 2009 2010 2011 2012 None Consent decree Transfer to criminal proceedings Adjudicatory Disposition only *Pensylvania Juvenile Deliquency Data Tool The Justice Management Institute 71 Franklin County Justice System Business Process Analysis dispositions in 2012, down about 4% since 2008. Approximately 10% of dispositions in 2012 involved community service or alternative program, an increase of about 3% since 2008. This trend is of note since it may align with recent increases in cases initiated for failure to comply/contempt charges.
Table 4.13 Dispositions by type*
2008 2009 2010 2011 2012 Transfer to criminal proceedings 3 3 1 1 0 Disposition transferred 36 25 20 21 20 Informal adjustment 23 18 17 21 21 Community Service / Program 38 36 40 40 43 Withdrawn/Dismissed 49 55 60 52 44 Other / Referred 8 17 7 21 46 Placement 52 47 52 42 47 Citation 76 60 43 37 50 Probation 135 141 122 111 101 Consent decree 141 151 90 104 119 Total 561 553 452 450 491 *Source: Franklin County Juvenile Probation 2012 Annual Report
Workflow Diagrams The workflow diagrams on the following pages illustrate the business processes for all juvenile justice stakeholders preceded by a high-level 1 analysis for the entire juvenile delinquency process:
Level 1 Traffic Process 4.0 District Attorney 5.0 Court of Common Pleas 9.0 Juvenile Probation
Many of the automation and business process recommendations are illustrated in pink and indexed to the workflow diagrams. All of the recommendations are identified in Chapter Six, Recommendations. The primary business processes are also presented in the narrative above, focusing on key significant events, starting from case initiation, through the pretrial, adjudication and post-disposition process. The Justice Management Institute 72 Franklin County Justice System Business Process Analysis Juvenile Delinquency Workflow Level 1 JD Juvenile Defender J_4.0 District Attorney J_5.0 Court of Common Pleas 5.0 Level I or II High Level Process Workflow Direction Process Initiation 5.0 Diagrammed Level I Process 5.0 Separate Document Legend Decision? 3.2.6 Level III Process Integration Touchpoint 3.2.7D Document Allegations 9.0 Juvenile Probation 9.0 Juvenile Supervision/ Placement
The Justice Management Institute 73 Franklin County Justice System Business Process Analysis Juvenile Delinquency Workflow J_4.0 District Attorney
J_5.4 Finding of Fact Hearing J_5.6 Dispositional Hearing Consent Decree? Finding? End Yes No Yes No J_4.2 Correspon- dence J_4.4 Consent Decree Negotiations J_4.5 Petition 4.0 DA Felony & Misdemeanor eFile_01 Allegations Law Enforc Hardcopy Allegations 9.1 Juvenile Probation Adult Court? No J_4.1 Case Initiation J_4.6 Post- Disposition Review J_4.7 Case Closed J_4.8 Archive J_4.3 Discovery Yes Direct File? J_5.5 Transfer Hearing Yes No DA_02 Discovery Drop Box J_5.5 Adjudicatory Hearing J_5.3 Dispositional Review Hearings
The Justice Management Institute 74 Franklin County Justice System Business Process Analysis Juvenile Delinquency Workflow J_5.0 Court of Common Pleas Enh_01 Consolidated Court Calendar Init_4.3 Document Management System Init_01 Cross-Agency Data Repositoty Enh_05 Order/ Disposition J_5.11 Post- Disposition Review Hrgs J_5.4 Finding of Fact Hearing J_5.3 Manage Case 10.0 Document Management 11.0 Calendar 12.0 Financials 13.0 Service/ Notice Shared Processes Integ_04 Court Calendar Integ_06 Escrow Accounting Integ_05 County Financials Integ_16 Dispatch & GIS Integ_01 Document Mgmt 4.0 DA Petition J_5.5 Adjudicatory Hearing J_5.7 Dispositional Hearing J_5.1 Create Case + Assignment 9.0 Juvenile Supervision 9.0 Juvenile Placement DA_01 Allegation HHS_01 Petition DA_02 Consent Decree eFile_04 Motions JProb_01 Draft Order Finding of Facts? End J_5.13 Case Close J_5.15 Archive J_5.12 Mods/ Appeals Yes No Yes No Placement Providers J_5.2 Detention/ Shelter Care (Re)Hearings J_5.14 Expunge Detention/ Shelter Care Hold? Yes J_5.10 Dispositional Review Hearing J_5.9 Permanency Review Hearings No Need of Treatment/ Superv? J_5.6 Expungement JProb_02 Recommenda- tions J_5.8 Order Terminating Jurisdiction Yes No Motion to Expunge? Yes Admission?
The Justice Management Institute 75 Franklin County Justice System Business Process Analysis Juvenile Delinquency Workflow 9.0 Juvenile Probation 10.0 Document Management 11.0 Calendar 12.0 Financials 13.0 Service/ Notice Shared Processes Integ_04 Court Calendar Integ_06 Escrow Accounting Integ_05 County Financials Integ_16 Dispatch & GIS Integ_01 Document Mgmt 9.3 Manage Case J_5.10 Dispositional Review eFile_01 Allegations Law Enforc Hardcopy Allegations 9.1 Intake Juv Detained? 9.2 Intake Conference/ Screening 9.4 Assignment 9.5 Assessment and Case Plan 9.6 Supervision Services 9.8 Reassess/ Modify Case Plan Refer to Court? 9.11 Case Close 9.12 Archive 9.10 Discharge New Allegations? J_5.7 Disposition Yes No Yes Yes No No 9.7 Violation of Conditions SVC_01 Svc Providers PROB_01 Draft Order Probation Payment Division F_6.1 Cost, Fines, Rest File F_6.2 Payment Plan F_6.3 Collections FIN_01 Transac- tions CPCMS_04 Court Order F_6.4 Reassess/ Modify Payment Plan 4.0 District Attorney Review 9.9 After Care Plan 9.13 Expunge CPCMS_04 Court Order J_5.2 Detention/ Shelter Care (Re)Hearings Informal Adjustment/ Petition? Paid in Full? End Yes No Yes No
The Justice Management Institute 76 Franklin County Justice System Business Process Analysis Chapter 4 Juvenile Dependency and Family Casetypes
The following casetypes are included by narration and illustration below:
4.1 Juvenile Dependency 4.2 Divorce 4.3 Custody 4.4 Domestic Relations/Child Support 4.5 Adoption 4.6 Protection from Abuse
4.1 Juvenile Dependency Cases Juvenile Dependency cases relate to the protection and care of children that are the subject of abuse or neglect. All matters related to juvenile dependency cases are filed with the Clerk of the Court of Common Pleas. Juvenile dependency case flow is comprised of up to eight significant events:
1. Emergency custody 2. Shelter care hearing 3. Petition filed 4. Adjudication hearing 5. Disposition hearing 6. Permanency hearing 7. Permanency review and placement 8. Case Closure/Permanency
Emergency Custody Shelter Care Hearing Children may enter juvenile care through three primary means.
1) In instances where there are exigent circumstances, law enforcement or Children and Youth Services may remove a child from parental custody upon application for an emergency order from the Juvenile Master (see flowchart event number 1) who is on call 24x7. In those instances, parents are notified that a shelter care hearing will be heard within 72 hours and that they may appear to contest the removal. The shelter care hearing is conducted to allow the court to make a determination whether or not a child should be placed in the care of the agency for their protection. At the shelter care hearing, the court may appoint counsel for parents that cannot afford counsel to represent them in future court hearings.
The Justice Management Institute 77 Franklin County Justice System Business Process Analysis 2) The agency may apply for an emergency shelter care hearing without the prior removal of the children (see flowchart event number 2). If the court grants emergency shelter care and the child is in agency custody, the Adjudication Hearing is held within 11 days.
3) The agency can file a standard dependency petition with the Clerk of the Court and request that the case be scheduled for an adjudication hearing (see flow chart event 3).
Adjudication Hearing An adjudication hearing (see flow chart event 3) is held within 10 days if a child is in agency custody or within 45 days if the child is still in the home. The purpose of the hearing is to determine whether or not the child comes within the statutory definition of a child in need of care. The child may be appointed an attorney Guardian ad Litem (GAL) to represent their best interests. The Court of Common Pleas has a contract with an attorney to act as GAL. The attorney is compensated on a per case basis.
Disposition Hearing If a child is adjudicated in need of care and supervision the court is required to hold a disposition hearing (see flowchart event 4) within 20 days of the adjudication hearing. In some cases, and in the interest of expediency and efficiency, the adjudication and disposition hearing may be held concurrently. The disposition hearing determines the party to have custody of the child and what conditions the parents of the child follow to protect the child from neglect or abuse. In Franklin County the adjudication and disposition hearings are held sequentially on the same date. The order that the court makes sets in place a plan for the reunification of the child if the parents comply with the conditions set forth in the order.
Permanency Review Hearing The court is mandated by statute to hold permanency review hearings every six months (see flowchart event 5). Franklin County holds review hearings more frequently, every three months. Permanency hearings are an important part of the juvenile dependency process as they are a time to reassess, confirm or alter plans for reunification.
Permanent Placement The purpose of the permanent placement hearing is to determine the most appropriate permanent placement to meet the needs of the child in a safe and nurturing environment. The Pennsylvania Juvenile Act has adopted the federally mandated order of preference for the placement of children as follows:
1. Return the child to the parent, whenever this course is best suited to the safety, protection and physical, mental and moral welfare of the child. 2. Place the child for adoption (with the county agency being required to petition for a termination of parental rights) where reunification is not best suited to the childs safety and welfare. The Justice Management Institute 78 Franklin County Justice System Business Process Analysis 3. Place the child with a permanent legal custodian, where adoption is not best suited to the childs safety and welfare. 4. Place the child permanently with a fit and willing relative, where legal custodianship is not best suited to the childs safety and welfare. 5. Place the child in some other court-approved and permanent living arrangement, in instances where the agency has shown a compelling reason for ruling out all of the above four options.
Termination of Parental Rights The Adoption and Safe Families Act requires state agencies (Children and Youth Services) to file a petition to terminate parental rights (TPR) if a child has been in foster care for 15 out of the most recent 22 months unless there is compelling reason demonstrated to continue working toward reunification.
A permanent placement or termination of parental hearing will be held and the court will make a determination as to whether or not parents lose all rights to the child. The court continues to maintain oversight of the dependency case and will continue holding permanency reviews until a child ages out of the system, is adopted, or for another reason becomes emancipated.
4.2 Divorce Key events in Uncontested/Consent Divorce include:
Uncontested and consent divorces follow a very straightforward path with complaint filed with the Prothonotary. If no answer contesting the divorce complaint, and after 90 days, the complaint goes before a judge for judicial review and final decree entered.
If children are involved, separate actions determining custody and support (see DR section narrative and workflow) are filed and follow different judicial processes.
4.3 Custody The Prothonotarys office accepts, stores and provides access to all civil case related documents except for child support and adoption. They are also responsible for the collection of filing fees and establishment of civil trust accounts. The office has a total of eight staff members, including an elected Prothonotary and Chief Assistant, who are cross-trained and can work in any civil area.
The Justice Management Institute 79 Franklin County Justice System Business Process Analysis The civil technology application is Infocon. Some judges and/or law clerks have limited access, but there is no formal training program and standardization of practice. Court administration and attorneys may subscribe to the system although they are unable to view documents, only docket entries. Documents can be viewed at public terminals available in the Prothonotarys office. Infocons data backup, storage and security are all managed out of Evensburg, PA. The Sheriffs Department also uses Infocon.
Key events in Complaints and Petitions for Custody Conciliation Agreement include the following:
1. Complaint filed 2. Presentation and assignment 3. Temporary order 4. Service 5. Conciliation conference 6. Report and proposed order 7. Court review 8. Order
Key events in Complaints and Petitions for Custody No Agreement after Conciliation Hearing include:
1. Conciliation conference 2. Report and proposed order 3. No agreement report only 4. Pre-trial conference 5. Order
A complaint or petition is filed along with proposed order if requesting temporary order of custody. The court administrator makes a judicial assignment.
A temporary order is issued after presentation to the court. Currently the court holds custody hearings on Thursday mornings. The court administrator then makes an assignment to a conciliator for a conciliation conference. The conciliator must be a member of the PA bar and shall not regularly practice in family law.
A service of Order for Conciliation and hearing date are issued for processing. A conciliation conference is held and the conciliator issues a report and proposed order. If agreed by both parties, the Conciliators proposed order and report are reviewed by a judicial officer. If no agreement is reached between the parties, Conciliator issues a report only and parties move for a pre-trial conference.
In a case where parties do not agree with the conciliators report and proposed order, parties may file for a pretrial conference before a judge. A pre-trial conference is held and, if agreement, an order is issued. If no agreement, a second adjudicatory hearing is scheduled and held and final order entered.
The Justice Management Institute 80 Franklin County Justice System Business Process Analysis It should be noted that in family matters there is a support master who deals with issues of support (see Domestic Relations section) and a divorce master. The divorce master is appointed in cases where there is a request for equitable distribution. The divorce master controls and sets his/her own schedule.
4.4 Domestic Relations & Child Support The Domestic Relations Section is part of the 39 th Judicial District Circuit of Franklin County, PA and is responsible for all matters of support involving spouses and/or children. Domestic Relations (DR) section consists of 28 staff with three units that include:
Client services/ reception Intake/Establishment and Enforcement Supervision
In addition to the three units, the office has one full time staff attorney. The DR Sections director has been with the agency for 28 years with 23 of those as director. The judges appoint the director, and personnel are employees of the court.
It should be noted first and foremost that Pennsylvanias Child Support Program has ranked consistently as one of the nations best and has received three program or performance awards in the past 12 years. Franklin Countys Domestic Relations agency has consistently exceeded the five federal performance metrics, and, according to the agencys director, PA is the only state that regularly meets or exceeds 80% on these same five federal categories.
PACSES is the primary system used by DR staff. It is the PA Child Support Enforcement System. The support master has limited access to PACSES. Most attorneys use an automated system called support calculator.
The Justice Management Institute 81 Franklin County Justice System Business Process Analysis Initial Case Filing All domestic relations complaints can be started online (this is a new initiative and used very seldom by the clients) but still require an office visit. After a complaint is filed, a conference is scheduled which is set about 21 to 30 days into the future. Service is provided by registered mail first, certified mail, service by the sheriff, and a bench warrant (limited use for establishment cases only). The latter methods are completed after the scheduled conference.
Initial Hearings Domestic Relations Officers who are employees of the DRS hear all initial conferences at the DR agency. A failure to appear will be handled as described above. If paternity is contested, the conference will be postponed pending genetic testing. Genetic testing can be done on site through buccal swab testing. Any petitions for modification/termination/suspension or remittance filed follow the same process as the initial complaint.
Domestic Relations Officer holds conferences and issues an order for support. If an exception is filed, the case is set for hearing before the support master. It should be noted that the support master is a relatively new judicial oversight step that has significantly reduced the type and number of cases to go before a judge. The support master is a contracted attorney who works out of the Second Street Hearing Annex that is a court facility. The support master will hear the appeal hearing as a de novo hearing.
If a party is dissatisfied with the result of the Support Masters recommendation, exceptions can be filed. The court will review the written findings and transcripts of the recorded appeal hearing in order to make a final determination: the Judge may request additional information.
Contempt Domestic Relations Officers hold contempt conferences after other enforcement remedies have been taken. At the contempt conference, a sentencing date is set before the judge. Sentencing court is held all day, once a month in front of the court. Average number of cases scheduled for the sentencing court is 70 although only an average of 30 cases are in front of the Judge. A defendant is represented by the
Public Defenders office upon their request. If a party fails to appear, a bench warrant is issued. Once an order is issued from sentencing court it goes back to the DR section for monitoring and enforcement.
Placement Cases Placement cases are initiated from Children and Youth or Juvenile Probation and are cases where a child/ren are in or out of home placement. Intake staff at the DR Section enters cases into PACSES (PAs statewide child support enforcement system). When a child is placed, a conference is held to issue an order or if the child is released, a release order is received from the agency and the DRO generates a termination order. Judges currently do not order child support at placement hearings.
The Justice Management Institute 82 Franklin County Justice System Business Process Analysis UIFSA (Uniform Interstate Family Support Act) When an absent parent is out of state, a UIFSA will need to be filed to the state they are residing. However, if long-arm criteria are met, the complaint can be filed locally. Once an order is entered in Franklin County, the defendant is out of state and there are enforcement issues, the Franklin County order can be registered for enforcement in the defendants state. As long as one of the parties resides in PA, Franklin County still has control of the case and can modify it. If both parties are no longer in PA, the modification will need to be filed in the state of the person requesting the modification. If there is another states order and the defendant is residing in Franklin County, the state can request that the agency register their order for enforcement. At that point, Franklin County is responsible for enforcement only and modification of the order cannot be done if the plaintiff is still residing in that state.
4.5 Adoption Orphans Court The Orphans Court is a section of the Court of Common Pleas and its records are received, stored, and disseminated by Clerk of the Court. Case types of the Orphans Court include Probate and Adoption. The Clerk of the Court of Common Pleas is elected. The current Clerk has served in that role for the past 22 years. His office has eight full time employees and one casual position, currently filled by his retired former deputy. One of the Clerk of Court employees is dedicated to handling adoption cases since they are a relatively small number of annual case filings (ca. 55) and have unique case processes.
Just over two years ago, the Clerk of Court acquired its current computerized information system Land Record Information and Imaging Management System (Landex). Previously, all clerk of court minute and docket entries were typewritten. Landex is an application that was originally developed to support land record management but has been modified to support the Register of Wills and nominally support a court case management system.
Information Management System (IMR) a company that focuses on imaging integration was the vendor for the Landex system in collaboration with Optical Storage Solutions, Inc., based in Lebanon, Pennsylvania, who provides programming for the Landex application. The Register of Wills also uses Landex, although the two offices rarely interact and there is no integration or common service or maintenance agreement. The Landex system contains the electronic register of actions and all scanned documents. In addition to the Landex system, the clerk of court office continues to maintain the official paper file.
For the purposes of this project, adoptions are the only case type reviewed. Key Case Flow Events in Adoption cases include:
1. Petition (case initiation) 2. Hearing 3. Termination of Parental Rights Hearing and Order The Justice Management Institute 83 Franklin County Justice System Business Process Analysis 4. Adoption Hearing 5. Decree
Adoption cases can arise through a variety of channels. For example, they can be initiated through private adoption agencies, through Child and Youth services as a result of a juvenile dependency case, through step parents wanting to adopt step children or adoption by other family members.
In cases where the state has taken custody of a child through the foster care system, a case is initiated through a notice of intent to adopt (see case flow map 1 and 1a). This is the precursor to the filing a petition for adoption. It puts biological parents on notice that there will be a petition for adoption filed.
Prior to any adoption, the court must first confirm or establish that the parental rights of the biological parents have been terminated, awarding them the full protection of due process including representation. These proceedings are separate causes of action and present themselves to the court in three ways. 1) If the biological parents consent to the adoption voluntarily, a Petition for Voluntary Relinquishment is filed by the attorney for the party seeking the adoption (see workflow map 2a); 2) If the biological parents are not available and cannot be located, or fail to respond to notice that their child is subject to adoption, a Petition for Confirmation of Consent is filed by the attorney for the party seeking the adoption (see work flow map 2b); or 3) If the biological parents want to contest the issue of adoption, the attorney for the party seeking the adoption files a Petition for Involuntary Relinquishment. In each of these scenarios, the court administrator is notified of the filing of the petition and his designee assigns the case to a judge. After the assignment, the case is scheduled before the assigned judge for either a contested or uncontested hearing, as the circumstances of the individual case require (see workflow map 3).
Once the determination of the adoptability of the child is determined through the TPR process, adoption cases proceed expeditiously from filing of the petition for adoption (see work flow map 4) to hearing (see workflow map 5).
Adoption and Relinquishment/Termination cases represent a small percentage of cases filed in the Orphans Court division of the clerk of court office. According to statistics from the AOPC website, in 2011 59 new Relinquishment/Termination cases were filed. Only 53 cases were disposed of. Forty-five of the cases (84.9%) were uncontested and the remainder were either contested (9.4%) or disposed via another means (5.7%). Pending Relinquishment/Termination cases at the end of 2011 were 19.
In 2011 there were 55 new Adoption Cases filed. During the same year, 55 Adoption cases were disposed of with 98% of them being uncontested.
4.6 Protection from Abuse Key events in Protection from Abuse (PFA) include:
The Justice Management Institute 84 Franklin County Justice System Business Process Analysis 1. Abuse Incident L.E. arrest and/or referral to Women In Need (WIN) 2. Petition Filed 3. Court administration judge assignment & hearing date 4. Ex-Parte hearing 5. Service 6. Temporary Order denied or issued 7. Hearing 8. Final Order
Abuse Incident 23 PA CSA 6101 Where an incident of abuse occurs, law enforcement or Women in Need (WIN) is contacted and if appropriate, law enforcement will make an arrest. Victims are referred to Women In Need, a non-profit organization that provides 24-hour assistance and shelter to victims of domestic violence. Magisterial district judges also are on call weekends and after work hours.
On the next business day, WIN staff meet with the alleged victim (petitioner) to complete court paperwork. Generally WIN staff accompanies the petitioner to file the petition with the Prothonotary office. Private attorneys and pro se litigants also can initiate a petition.
Court administration makes judicial assignment and provides a hearing date. An ex-parte hearing is held. If temporary order is granted, order is filed with Prothonotary and order is served on defendant. A hearing is held and final order issued. 23 Pa CSA 6105(e)(2)
Workflow Diagrams The workflow diagrams on the following pages illustrate the business processes for all dependency and family stakeholders preceded by a high-level 1 analysis for the entire process:
Many of the automation and business process recommendations are illustrated in pink and indexed to the workflow diagrams. All of the recommendations are identified in Chapter Six, Recommendations. The primary business processes are also presented in the narrative above, focusing on key significant events, starting from case initiation, through the pretrial, adjudication and post-disposition process. The Justice Management Institute 85 Franklin County Justice System Business Process Analysis Juvenile Dependency Workflow
Children and Youth Services Court of Common Pleas Dependency Petition Filed Permanency Review Shelter Care Hearing Permanency Hearing Disposition Hearing Permanent Placement Emergency Custody Shelter Care Adjudication Hearing
The Justice Management Institute 86 Franklin County Justice System Business Process Analysis Divorce, Custody and Child Support Workflow Level 1
CD_5.0 Contested Divorce UD_5.0 Uncontested Divorce CU_5.0 Custody CS_5.0 Child Support Complaint Filed Consent Filed? Answer Filed? App for Child Support Motion to Modify for APL No Yes No Yes eFile_01 Civil Complaint eFile_01 Civil Complaint 5.0 Level I or II High Level Process Workflow Direction Process Initiation 5.0 Level I Process 5.0 Separate Document Legend Decision? 3.2.6 Level III Process Integration Touchpoint 3.2.7D Document
The Justice Management Institute 87 Franklin County Justice System Business Process Analysis Divorce, Custody and Child Support Workflow UD_5.0 Consent and Uncontested Divorce No Yes No Yes CD_5.0 Contested Divorce UD_5.4 Disposition Hearing CU_5.0 Custody Complaint Filed Consent Filed? Answer Filed? UD_5.5 Judicial Review UD_5.6 Decree Entered UD_5.7 Case Closed UD_5.8 Archive UD_5.3 Praecipe Filed UD_5.1 Create Case 10.0 Document Management 11.0 Calendar 12.0 Financials 13.0 Service/ Notice Shared Processes Integ_04 Court Calendar Integ_06 Escrow Accounting Integ_05 County Financials Integ_16 Dispatch & GIS Integ_01 Document Mgmt eFile_01 Civil Complaint eFile_03 Civil Motions UD_5.2 Manage Case
The Justice Management Institute 88 Franklin County Justice System Business Process Analysis Divorce, Custody and Child Support Workflow CD_5.0 Contested Divorce
Complaint Filed No Consent Filed? Answer Filed? CD_5.2 Judge Assigned CD_5.4 Pretrial Conference CD_5.5 Settlement Conference CD_5.7 Report & Recommend ation CD_5.8 File & Served Prothonotary Exception Filed? CD_5.11 Judicial Review CD_5.12 Final Order CD_5.9 Briefing Schedule CD_5.10 Oral Argument UD_5.0 Uncontested Divorce No Yes Yes CD_5.13 Case Closed CD_5.14 Archive No Yes CD_5.1 Create Case 10.0 Document Management 11.0 Calendar 12.0 Financials 13.0 Service/ Notice Shared Processes Integ_04 Court Calendar Integ_06 Escrow Accounting Integ_05 County Financials Integ_16 Dispatch & GIS Integ_01 Document Mgmt eFile_01 Civil Complaint eFile_03 Civil Motions CD_5.1A Manage Case CD_5.3 Master Appointed CD_5.6 Hearing
The Justice Management Institute 89 Franklin County Justice System Business Process Analysis Divorce, Custody and Child Support Workflow CU_5.0 Custody
Complaint Filed CU_5.1 Create Case CU_5.2 Judge & Conciliator Assignment CU_5.3 Service by Court CU_5.4 Conciliation Conference CU_5.5 Report and Proposed Order CU_5.6 Motion for Pretrial Conference Agreed? CU_5.7 Pretrial Conference CU_5.9 Order Entered CU_5.8 Order Entered Agreed? CS_5.10 Case Closed CS_5.11 Archive 10.0 Document Management 11.0 Calendar 12.0 Financials 13.0 Service/ Notice Shared Processes Integ_04 Court Calendar Integ_06 Escrow Accounting Integ_05 County Financials Integ_16 Dispatch & GIS Integ_01 Document Mgmt No Yes No Yes
The Justice Management Institute 90 Franklin County Justice System Business Process Analysis Divorce, Custody and Child Support Workflow CS_5.0 Child Support Domestic Relations Section CS_5.2 Office Conference Hearing App for Child Support Motion to Modify for APL Paternity Tested? CS_5.4 Office Conference Hearing Appeal Filed? CS_5.5 Support Master Hearing Exception Filed? CS_5.6 Judicial Review CS_5.7 Support Order Entered CS_5.3 Genetic Testing Ordered Paternity Established? Dismiss CS_5.8 Case Closed CS_5.9 Archive No Yes No Yes No Yes No Yes CS_5.1 Create Case 10.0 Document Management 11.0 Calendar 12.0 Financials 13.0 Service/ Notice Shared Processes Integ_04 Court Calendar Integ_06 Escrow Accounting Integ_05 County Financials Integ_16 Dispatch & GIS Integ_01 Document Mgmt eFile_01 Civil Complaint eFile_03 Civil Motions CS_5.1A Manage Case
The Justice Management Institute 91 Franklin County Justice System Business Process Analysis Adoption Workflow AD_5.0 Adoption
The Justice Management Institute 92 Franklin County Justice System Business Process Analysis Protection from Abuse Workflow PFA_5.0 Protection from Abuse
Court of Common Pleas Prothonotary Domestic Abuse Incident Ex Parte Hearing L.E. Referral Judicial Assignment Petition Filed Order Granted Referral to Women in Need Temporary Order Granted? Yes No Order Served Filed with Prothonotary Petition Denied Filed with Prothonotary Hearing Temporary Order Granted? Final Order Issued Order Served on Registry No Yes
The Justice Management Institute 93 Franklin County Justice System Business Process Analysis Chapter 5 Information Technology The implementation recommendations and plan in Sections 6 and 7 below include objectives to identify the functions of core case management systems. Included in these are sub-functions that can be classified by the following categories. JMI recommends that the county document the functions that are provided by each system in order to understand and plan for the functional gaps for replacement systems. These include the following:
UCMS
Adult Probation Case Management Module. Identify the functionalities built into the system from the list below.
Intake/Case Creation Screening, Classification and Assignment Assessment and Case Plans Calendar and Event Management Field Reporting (mobile tools) Forms/Report Tools Aggregate Reports Management Information Document Management Workflow Configuration Users and User Access Controls Administration of Data and Tables
Jail Management Module. Identify the functionalities built into the system from the list below.
Intake/Case Creation Screening, Classification and Assignment Prisoner Inventory Visitation and Calendar Management Program Management Prisoner Telephone Commissary and Inventory Forms/Report Tools The Justice Management Institute 94 Franklin County Justice System Business Process Analysis Aggregate Reports Management Information Document Management Workflow Configuration Users and User Access Controls Administration of Data and Tables
District Attorney Case Management Module. Identify the functionalities built into the system from the list below.
Intake/Case Creation Investigation Assignment Event and Calendar Management Evidence Management Plea Negotiation Forms/Report Tools Aggregate Reports Management Information Document Management Workflow Configuration Users and User Access Controls Administration of Data and Tables
CPCMS, MDJS and Infocom
Court Case Management Systems. Identify the functionalities built into the system from the list below. The new juvenile delinquency system in development by the state should also be evaluated using the same functional categories.
Intake/Case Creation Case Updates Assignment Event and Calendar Management Trial Management The Justice Management Institute 95 Franklin County Justice System Business Process Analysis Orders and Judgments Case Close and Archive Forms/Report Tools Aggregate Reports Management Information Document Management Workflow Configuration Users and User Access Controls Administration of Data and Tables
Main Integrations The following integrations are rooted in the need to create an integrated criminal justice system. UCMS is rapidly moving counties towards that goal. Historically, systems have been fragmented and standalone. Integrating systems leads to efficiencies, time savings and more timely justice.
Felony and Misdemeanor Caseflow
Not many of the systems are currently integrated with each other. In the blue lines, we can see the two major integrations: 1) MDJ and CPCMS 2) JNet and CNet
The Justice Management Institute 96 Franklin County Justice System Business Process Analysis Systems by Integration Groups
However there are no connection between the two groups, and there is also a number of other systems that have no integration at all (represented with different colors).
Ideal Integration
Ideally, we would aim to have all the systems integrated with each other. That would mean that there would never be manual data re-entry which would avoid many issues of data quality and process delays.
The Justice Management Institute 97 Franklin County Justice System Business Process Analysis The UCMS Effect
UCMS will integrate with CNet (JNet) and with MDJS and CPCMS, which creates a situation where most primary systems now become integrated.
Shared Services
Beside the systems that are mapped to the workflow, we have shared systems, which are called on multiple occasions.
The Justice Management Institute 98 Franklin County Justice System Business Process Analysis Document Management
As an example, Document Management System might receive documents in different moments and be accessed from several systems to retrieve these documents.
Juvenile Delinquency Systems
The tables on the following pages illustrate the ownership of the multiple systems that support criminal and civil case processing in Franklin County. The Justice Management Institute 99 Franklin County Justice System Business Process Analysis Vendor Digital Solutions INC/GTL Digital Solutions INC/GTL Digital Solutions INC/GTL Digital Solutions INC/GTL Systems name Jail Management Solutions Imaging System Call IQ Probation & Parole Management System What system does Records Management System for new, current and past inmates of the Jail Keeps pictures of inmates that go through the Jail system Transcribes phone call voice into text. Records Management System for new, current and past clients that report to the Adult Probation Department Who created it Digital Solutions INC/GTL Digital Solutions INC/GTL Digital Solutions INC/GTL Digital Solutions INC/GTL Where is it located Jail Jail Jail Adult Probation Who maintains the system Digital Solutions INC/GTL Digital Solutions INC/GTL Digital Solutions INC/GTL Digital Solutions INC/GTL Any system documents Built in to the system Built in to the system Built in to the system Built in to the system Any system diagrams Oracle Client/Server Based Oracle Client/Server Based Oracle Client/Server Based Oracle Client/Server Based Any disaster recovery County Responsibility County Responsibility County Responsibility County Responsibility Is the system integrated with any other systems No No No No Do we have a copy of the contract?
The Justice Management Institute 100 Franklin County Justice System Business Process Analysis Vendor Digital Solutions INC/GTL DataWorks Plus PA Dept. of Welfare Infocon Systems name Inmate Phone System cNET PACSES JACS What system does Keeps track of phone calls made by inmates that are recorded Web based RMS system accessible through the JNet Portal Records Management System for new, current and past clients. Judicial scheduling software application Who created it Digital Solutions INC/GTL DataWorks Plus PA Dept. of Welfare Infocom Where is it located Jail Sheriff's Office Domestic Relations Court Administration Who maintains the system Digital Solutions INC/GTL DataWorks Plus PA Dept. of Welfare Infocom Any system documents Built in to the system Any system diagrams Oracle Client/Server Based Any disaster recovery County Responsibility CPIN (Commonwealth Photo Imaging Network) System is consolidated to a Primary server at PSP and copied in real time to an onsite backup server, and then the data is cloned to three off site redundant Disaster Recovery databases. PA Dept. of Welfare is responsible for disaster recovery. County Responsibility Is the system integrated with any other systems No JNET No No Do we have a copy of the contract? https://drive.google.com/a/franklinco untypa.gov/?tab=mo#folders/0B2pC7 ZyEYtXlajlkUlpaaUNuRUk https://drive.google.com/a/franklinco untypa.gov/?tab=mo#folders/0B2pC7 ZyEYtXlajlkUlpaaUNuRUk
The Justice Management Institute 101 Franklin County Justice System Business Process Analysis Vendor Stenograph Infocon Jury Systems CDI Systems name Stenograph Infocon Jury Systems Next Gen Prosecutors Management Systems What system does Court Reporters dictation Software Records Management System for new, current and past court cases. Records management to keep track of Jury's Records Management System for new, current and past cases for District Attorney's. Who created it Stenograph Infocon Jury Systems CDI Where is it located Court Reporters Sheriff's, Prothonotary Court Administration District Attorney's Who maintains the system County Infocon Jury Systems CDI Any system documents None Per Infocon; The documentation that we have on our systems in intended for our programmers only and is technical in content. We do not provide this to clients since it is a proprietary product. Jury Systems does not have this documentation None Any system diagrams None Same as above Jury Systems does not have this documentation None Any disaster recovery County Responsibilty All of our servers are 100% mirrored for active duplicates of all data and software at all times. INFOCON performs off-site backups each business day with the backups being stored off campus. County Responsibility County Responsibility Is the system integrated with any other systems No No No No Do we have a copy of the contract? https://drive.google.com/a/frankli ncountypa.gov/?tab=mo#folders/0 B2pC7ZyEYtXlajlkUlpaaUNuRUk
The Justice Management Institute 102 Franklin County Justice System Business Process Analysis Vendor LegalEdge AOPC AOPC Juvenile Court Judges' Commission Systems name LegalEdge CPCMS MDJ Juvenile Case Management System (JCMS) What system does Records Management System for new, current and past cases for Public Defenders. Records Management System for new, current and past court cases. Records Management System for new, current and past court cases. Records Management System for new, current and past cases for Juvenile Probation. Who created it LegalEdge AOPC AOPC Juvenile Court Judges' Commission Where is it located Public Defenders Clerk of Courts, Judges and Staff, Court Administration MDJ Offices Juvenile Probation Who maintains the system LegalEdge AOPC AOPC Juvenile Court Judges' Commission Any system documents None CPCMS is a multi-tiered client-server application that is run and distributed over Citrix Infrastructure to all our end users. The Citrix Infrastructure allows us to essentially run all traffic and processing within our own data center and only communicate from here to user desktops by passing back and forth encrypted screen scrapes. The Magisterial District Judge System (MDJS) provides case management and accounting functions to all 569 Magisterial District Court office locations and to Pittsburgh Municipal Court. The MDJS is used to processes cases with docket types that include Traffic, Non-Traffic, Private Complaints (Summary and Court Cases), Police Criminal Complaints, Landlord/Tenant, Civil, and Miscellaneous Docket. The MDJS was first deployed to Franklin County in 1990 with a major system rewrite rolled out to Franklin County district courts in the May of 2011. The system software is proprietary to AOPC and the hardware and network infrastructure is owned and maintained by AOPC. In addition, AOPC provides end user support which includes continual training offerings, a 24-hour help desk, and comprehensive online system documentation that is updated weekly. https://drive.google.com/a/franklinco untypa.gov/?tab=mo#folders/0B2pC7Z yEYtXlc1N5NmlCUHN6a2c Any system diagrams None For security purposes I cannot provide you a lot of information or diagrams System diagrams and flow charts are available within the end user online documentation. https://drive.google.com/a/franklinco untypa.gov/?tab=mo#folders/0B2pC7Z yEYtXlc1N5NmlCUHN6a2c The Justice Management Institute 103 Franklin County Justice System Business Process Analysis Any disaster recovery County Responsibility We have a full secondary data center site location that is located more than 200 miles from our primary data center that is located here in Mechanicsburg. Ironic timing with your request as we do perform full testing of all our systems running from this secondary location once a year. CPCMS is in fact running today from Pittsburgh as we failed out to our secondary location a week ago and will be running from there until early November. In the event of any disaster scenario statewide or county, we will work with the counties affected to get them access to CPCMS in a timely manner. We are fully prepared to handle all ranges of such items. We have a full secondary data center site location that is located more than 200 miles from our primary data center that is located here in Mechanicsburg. We perform full testing of all our systems running from this secondary location every other year. In the event of any disaster scenario statewide or county, the AOPC has a number of plans that we would execute working with the counties affected to get them access to MDJS in a timely manner. We are fully prepared to handle all ranges of such items https://drive.google.com/a/franklinco untypa.gov/?tab=mo#folders/0B2pC7Z yEYtXlc1N5NmlCUHN6a2c Is the system integrated with any other systems No MDJ CPCMS No Do we have a copy of the contract? https://drive.google.com/a/frankli ncountypa.gov/?tab=mo#folders/0 B2pC7ZyEYtXlajlkUlpaaUNuRUk
The Justice Management Institute 104 Franklin County Justice System Business Process Analysis
Vendor JNET LexisNexis IMR Limited Correctional Counseling, Inc Systems name JNET LexisNexis Landex/Orphan's Court System Moral Reconation Therapy What system does Commonwealth's primary public safety and criminal justice information broker. Research system that provides a collection of online content available for courts and departments within the courts system. Records Management System for Orphan's Court and Marriage Licenses. Specialized treatment services for offenders to reduce the cycle of repeated incarceration and is desirous of procuring training for staff in the treatment intervention of Moral Reconation Therapy ( MRT@). Who created it JNET LexisNexis IMR Limited/Landex Correctional Counseling, Inc Where is it located Sheriff's, Adult Probation Jail & Judges Clerk of Courts and Reg & Recorders Jail Who maintains the system JNET LexisNexis IMR Limited/Landex Correctional Counseling, Inc Any system documents None None The documentation is provided via Help Screens in the software and this information is updated each time a new release or upgrade is provided to the county as part of their software maintenance support. None Any system diagrams None None The LANDEX software is running on a hardware configuration agreed upon by both parties and provided by Franklin County None The Justice Management Institute 105 Franklin County Justice System Business Process Analysis Any disaster recovery None LANDEX is providing Franklin County a Hot Site Disaster Recovery system for both the Orphans Court and Recorder/Register instances of LANDEX. All index and image data is backed up nightly at the Optical Storage Solutions office located in Lebanon Pa. None Is the system integrated with any other systems cNET No No No Do we have a copy of the contract? https://drive.google.com/a/franklinco untypa.gov/?tab=mo#folders/0B2pC7 ZyEYtXlajlkUlpaaUNuRUk https://drive.google.com/a/franklinco untypa.gov/?tab=mo#folders/0B2pC7 ZyEYtXlajlkUlpaaUNuRUk https://drive.google.com/a/franklinco untypa.gov/?tab=mo#folders/0B2pC7Z yEYtXlajlkUlpaaUNuRUk
The Justice Management Institute 106 Franklin County Justice System Business Process Analysis
Vendor Compass Group Prime Care Medical KeyTrak Appriss Systems name Commissary CorEMR Key Keeper Savin What system does Commissary needs for the Jail's inmates and food services. To provide medical services to inmates. Computerized key control system. Statewide Automated Victim Information and Notification Who created it Compass Group Prime Care Medical KeyTrak Appriss Where is it located Jail Jail Jail Jail & District Attorney's Who maintains the system Compass Group Prime Care Medical KeyTrak Appriss Any system documents None None None None Any system diagrams None None None None Any disaster recovery None Is the system integrated with any other systems No No No No Do we have a copy of the contract? https://drive.google.com/a/franklinco untypa.gov/?tab=mo#folders/0B2pC7 ZyEYtXlajlkUlpaaUNuRUk https://drive.google.com/a/franklinco untypa.gov/?tab=mo#folders/0B2pC7 ZyEYtXlajlkUlpaaUNuRUk https://drive.google.com/a/franklinco untypa.gov/?tab=mo#folders/0B2pC7 ZyEYtXlajlkUlpaaUNuRUk https://drive.google.com/a/franklinco untypa.gov/?tab=mo#folders/0B2pC7Z yEYtXlajlkUlpaaUNuRUk
The Justice Management Institute 107 Franklin County Justice System Business Process Analysis Chapter 6 Recommendations The following recommendations are ambitious. Many, especially for technology, are initiatives or recommendations that are in progress or scheduled by statewide agencies to happen in the next year.
1.0 Communications and System-Wide Decision Making Develop county-wide process for involvement of stakeholders in decisions. All the key players have not been involved in the decision-making process (e.g., major systems decisions are sometimes made without stakeholder involvement).
1.1 Criminal Justice Coordinating Committee (CJCC) Create a criminal justice coordinating committee (CJCC) to report to the Board of Commissioners and Judges. The CJCC will report progress as required to CJAB. The CJCC will be a working committee with at least one full or part-time staff person with defined duties that support the objectives of justice reinvestment. Designated justice system stakeholders from each court and agency will work with CJCC staff to coordinate research, data sharing, and reporting.
This should be the highest priority of the county in order to determine what are the most effective policies and procedures to increase public safety, reduce recidivism and manage or reduce costs. For five key Pennsylvania policy and practice changes recommended by PAs Justice Reinvestment Strategy, go to http://csgjusticecenter.org/wp- content/uploads/2013/12/PA_2-page_report.pdf. For an example of a court (Contra Costa County, CA) that has achieved significant progress in this area, go to: http://www.jfa- associates.com/new%20from/JFA%20doc06.pdf. Recommendations within the Communication initiative are closely related to Initiative 2.0 Justice Reinvestment and 6.0 Justice Technology. They include the following which should be initiated the first year of implementation:
1.2 Cross-Agency Integrated Data Repository Create a cross-agency integrated data repository to include juvenile and adult case data from law enforcement, MDJS, CPCMS, Adult and Juvenile Probation and Jail system; in order to provide justice system decision-makers with information about outcomes related to pretrial diversion, pretrial release, program evaluation, early accountability, recidivism, and reduction in jail population.
1.2A Criminal justice data standards. Establish National Information Exchange Model (NIEM) data standards across county for criminal justice information; core defendant and charge information (UCMS); plus casetype and disposition information. UCMS is built on NIEM standards and requires data cleansing by each of the agency users, but exchange standards for e-filing and data integration are critical to the implementation of shared services.
The Justice Management Institute 108 Franklin County Justice System Business Process Analysis 1.2B Standardize disposition types/nomenclature. Standard casetype and disposition information; especially for aggregate and reporting purposes; align use and meaning of alternate phrasing, correlate to MDJS and CPCMS reporting standards already in place.
1.2C Track jail population by pre/post trial. Track the number of summonsed defendants; arrested defendants who are arraigned; the number of arrested defendants who are arraigned and make bail; the number of arrested defendants who are arraigned and are bailed out, but cannot make bail; the average and range of time a bailed defendant is held before making bail; and the number of defendants who are held without bail.
1.2D Review MDJS active pending caseload. It is likely that many are inactive or unpaid fines that have not been pursued. JMI recommends that the District Courts conduct a review of active pending cases.
1.3 Recidivism Study Recidivism study for alternative programs (mental health, day release program, work release). Appropriate recidivism study data would provide direction to the county on the structure and existence of inmate programs.
1.3A Track new charges after release on own recognizance (ROR)/bail
1.3B Track new charges after ROR/pretrial conditions
1.3C Track failures to appear on ROR/other pretrial conditions by highest charge
1.3D Track compliance with probation conditions for charge categories by highest charge
1.4 Early Accountability Review Early Accountability in light of the Pennsylvania judicial code and the issues raised by the PA Association of Criminal Defense Attorneys.
1.4A Evaluate early screening/waivers/ARD. Study ways to enable defendants, summonsed to appear at the preliminary hearing, to discuss a plea negotiation with a prosecuting attorney, prior to the preliminary hearing.
1.4B Consider additional representation at plea negotiation. Review and consider representation of self-represented litgants at Central Court per Rule 122(A)(3) of the PA Code. Counsel shall be appointed: in all cases, by the court, on its own motion, when the interests of justice require it.
1.4C Reduce continuances. Unnecessary continuances undermine public trust and confidence in the justice system and delay justice. Affiants are scheduled to appear at the Preliminary Hearing, The Justice Management Institute 109 Franklin County Justice System Business Process Analysis many of which do not occur due to continuances. A delay at the Preliminary Hearing adds a minimum of one, and often, two weeks to the time an incarcerated pretrial defendant will spend in jail.
1.4D Reduce affiants appearance by 60-80%. Note that more than 80% of dispositions/outcomes do not result in a Preliminary Hearing.
1.4E Additional Central Court computer. Provide additional computer at Central Court, if number of scheduled/waived preliminary hearings remains high.
1.5 Early Discovery Expedite release of information to public defender prior to first appearance in court to allow for more preparation of the defense case.
1.5A Primary complaint document integration
1.6 Treatment Provider Management Refine communication protocols between treatment providers and Adult Probation and incorporate them into subcontracts.
1.6A Online case management reporting tool
1.6B Database of treatment providers and tracking
2.0 Justice Reinvestment Initiate a justice reinvestment initiative as a primary focus of the CJCC (see above). Justice reinvestment will be focused on alternatives to incarceration using evidence-based pretrial and sentencing outcomes.
2.1 Probation Supervision Resources Additional probation supervision resources are needed to provide effective diversion and improve public safety. Resources include services and materials, such as electronic monitoring and better web-based communication tools; and personnel to expand pretrial and probation supervision. Resources need to be quantified and balanced by benefits, which include both reduced costs and better outcomes.
2.2 Pretrial Risk Screening Screen defendants at booking for flight risk and risk to public safety as a way to inform judges about the appropriateness of pretrial supervision (instead of bail or high bail). The Justice Management Institute 110 Franklin County Justice System Business Process Analysis
2.2A Consider use of PSA-Court risk assessment. Consider new Public Safety Assessment (PSA-Court) risk assessment instrument at the jail, or even by law enforcement, at central booking for better pretrial release information. May be completed without an interview and measures three variables: likelihood to commit a new act of violence, commit a crime, and fail to appear for a court hearing.
2.2B Evaluate use of money bail and alternatives. Consider new approaches to hold/release decisions pretrial; evaluate outcomes in other jurisdictions and outcomes data from Pretrial Justice Institute report.
2.3 Pretrial Eligibility Determination Allow eligibility determinations to be made by the pre-release team for defined scope of cases.
2.3A Expand probation resources to conduct screening. Evaluate public safety impacts and better outcomes as a result of providing resources to conduct pretrial screening at central booking by law enforcement, corrections officers, or the Probation department.
2.3B Consider bail recommendations by probation. Pilot a program in which the number of defendants who are screened for a) non-violence; b) likely to appear; and c) unlikely to re-commit a crime, but cannot make bail, are tracked for number of jail bed days utilized.
2.4 Pretrial Diversion Encourage judges to divert more defendants directly to pretrial supervision with or without bond.
2.4A Evaluate pretrial diversion alternatives
2.5 DRC Alternative to Commitment YEAR TWO Encourage judges to sentence more offenders directly to the DRC.
2.5A Expand DRC to repeat probation violators
2.5B Study use of DRC for screened M1 and F3 categories
2.6 Jail Population Reduction Strategies YEARS ONE AND TWO Explore ways to reduce length of pretrial incarceration majority of jail population held for trial.
2.6A Reduce average pending caseload
The Justice Management Institute 111 Franklin County Justice System Business Process Analysis 2.6B Consider time standards shorter than rule.
2.6C Reduce continuances at all CCP hearings . Unnecessary continuances undermine public trust and confidence in the justice system and delay justice. A delay at the mandatory arraignment potentially adds a minimum of usually two weeks; at the call of the list eight weeks; and at the pretrial conference another eight weeks to the time a defendant, incarcerated pretrial may spend in jail. See Chapter 1, Felonies and Misdemeanors for a detailed analysis.
3.0 Franklin County Justice System Technology Strategic Plan Direct CJAB Technology Committee to conduct a strategic planning process for justice system technology in coordination with a broader Franklin County Strategic Plan for Technology. An objective of this work would be to build awareness and consensus among justice partners for integrating new case management systems being developed at the State level with local business requirements. Develop a broad set of requirements for integrating eFiling and electronic document management systems in all local justice agencies. 3.1 Civil eFiling YEARS ONE AND TWO A proof of concept study has been completed for civil e-filing. In addition, the PA Administrative Office of the Courts is rolling out a new e-filing system in 2014 for family cases under the new Unified Judicial System. It is an optimum time for Franklin County to proceed with implementation of e-filing to be integrated with Infocon, the civil case management system and with a new integrated document management system using Laserfiche.
3.2 Criminal eFiling YEARS ONE AND TWO UCMS and the AOPC have been working together to build efiling data integration. Currently, the PA State Police and a few townships have implemented an efiling solution with MDJS for traffic citations. This initiative must build on that achievement and on the promise of full data integration in criminal cases.
3.2A Efiling from Law Enforcement. Provide efiling from law enforcement for all complaints, summons and citations.
3.2B Efiling from District Attorney. Provide efiling from District Attorney, UCMS to CPCMS for plea negotiation, information and motions and orders.
3.2C Efiling from Public Defender. Provide efiling from Public Defender for calendar notices, motions and orders.
3.2D Efiling from private attorneys. Provide efiling from private attorneys for calendar notices, motions and orders.
3.3 Data Integration YEARS ONE TO THREE The Justice Management Institute 112 Franklin County Justice System Business Process Analysis The efiling and data needs across the front end of the criminal justice system start with law enforcement and must include the Sheriff, jail, District Attorney, Public Defender, Adult and Juvenile Probation, in addition to the courts. Franklin County can be a partner and leader in that effort. Court, in collaboration with the Clerk of Court, should develop a system (at the time of sentencing) for identifying of defendants sentenced to incarceration who have a current support obligation. On the Civil side, Orphans Court is a standalone system.
3.3A Jail Data. See attached schedule of data integration touchpoints.
3.3B Public Defender Data. See attached schedule of data integration touchpoints.
3.3C Magisterial District Court Data. See attached schedule of data integration touchpoints.
3.3D District Attorney Data. See attached schedule of data integration touchpoints.
3.3E Court of Common Pleas Data. See attached schedule of data integration touchpoints.
3.3F Adult Probation Data. See attached schedule of data integration touchpoints.
3.3G Sheriff Data. See attached schedule of data integration touchpoints.
3.3H DRC Data. See attached schedule of data integration touchpoints.
3.4 Document Management YEAR ONE The Franklin County IT strategic plan must address the disparate, fragmented and non- integrated document management tools in place across the justice system. Franklin County has initiated a county-wide document management platform, but the structure and functional requirements for justice system document management are not yet being met, for the following reasons. Document management currently is not integrated or utilized in CPCMS or MDJS. A new efiling initiative contemplates a solution that is heavily dependent on a third-party document management solution, which would duplicate the document management solution in the civil case management system, Infocon. UCMS allows for third party Document Management Systems to be integrated with the application.
3.4A Scanning and Indexing. First steps to implement data integration are to provide a document indexing structure in Laserfiche, independent of system integration. Justice system stakeholders can begin to scan, index and retrieve documents.
Scan and index all Magisterial District Court records. Note that this recommendation is two- phased: 1) Seek official interpretation of AOPC record retention schedule; and 2) implement scanning and indexing. The Justice Management Institute 113 Franklin County Justice System Business Process Analysis
3.4B Embed DMS into CPCMS. Embed Laserfiche document management system into CPCMS, similar to a number of other counties. First phase is to simply launch scanning and retrieval from inside CPCMS without leaving the application. Second step is to provide document index information from Laserfiche back to CPCMS for retrieval.
3.4C Embed DMS into MDJS. Embed Laserfiche document management system into MDJS, similar to a number of other counties. First phase is to simply launch scanning and retrieval from inside MDJS without leaving the application. Second step is to provide document index information from Laserfiche back to MDJS for retrieval.
3.4D Embed DMS into UCMS. Embed Laserfiche document management system into UCMS, similar to a number of other counties. First phase is to simply launch scanning and retrieval from inside UCMS without leaving the application. Second step is to provide document index information from Laserfiche back to UCMS for retrieval.
3.4E Document Integration into UCMS
3.5 Integrated Calendars YEARS ONE AND TWO Integrate information systems so that calendared juvenile case events are accessible to the District Attorney, Juvenile Probation, the Public Defender, and the primary provider of juvenile defense services. Provide DR access to Prothonotary's case management and imaging system (Infocon). Domestic Relations has no way to track or view court calendars.
3.5A Calendars from MDJS to UCMS
3.5B Calendars from CPCMS to UCMS
3.6 ePay YEARS ONE AND TWO Enhance the ePay system to allow for recurring payments and bank debits. Adult Probation handles all payments for the county, including court fees (civil, too?), restitution, and fines. Currently the ePay system allows for payment via credit card but not through bank debits (e.g., ACH) and it does not allow for setting up recurring payments from a given source. Expand payment options through e-pay web portal. Provide read only access for Juvenile Probation to the Adult Probation Payment System.
3.7 eSignatures YEAR THREE Incorporate electronic signatures into the document management system that enables clients to sign electronically (with an automated time stamp) through a signature pad. Adjust workflow for front desk to log time entries themselves upon checking client identification.
The Justice Management Institute 114 Franklin County Justice System Business Process Analysis 3.8 Jail Management System Strategy YEAR ONE UCMS has significant noted shortcomings for use at FCJ. Demonstrate the appropriateness of the UCMS functionality, address adoption cycle, or develop plans for alternative Jail Management software. Provide an electronic option for inmate tracking, perhaps utilizing tablets. Computer assistance for inmate tracking does not exist. Jailers must manually conduct inmate observations and track those observations on hard-copy records.
3.8A UCMS Rollout
3.8B UCMS Future Enhancements
3.9 Network Infrastructure YEAR ONE Build landline internet connectivity infrastructure with redundancy and sufficient bandwidth to accommodate maximum staff capacity at the Jail.
3.10 Cross-Agency Technology Training YEAR ONE Initiate cross-agency technology training focused on building core competencies in CPCMS, MDJS, UCMS (after rollout), Infocon or other civil systems, and Google Calendar. This initiative should include a component dedicated to best practices in electronic document management. Finalize implementation and staff training for document management system (e.g., Laserfiche).
3.11 UCMS YEARS ONE AND TWO JMI recommends that the adoption of UCMS be escalated to a system-wide effort to implement and integrate UCMS into the criminal justice system.
4-6 High Priority Standalone Recommendations The following recommendations were based on consensus views for the need to address key issues beyond the three primary initiatives. The following are recommended to be addressed or started in the first year of implementation.
4.0 Jury Management Clarification and streamlining of jury management staffing, resources and tools available, jury pool data sources, calendaring and jury attendance, efficiency, and automation tools for juror summons, intake, training and reimbursement.
5.0 Civil Casetypes Self-Represented Litigants The AOPC has identified self-represented litigants as a high-priority for Pennsylvania.
6.0 Facilities and Security Study The Justice Management Institute 115 Franklin County Justice System Business Process Analysis Facility and security issues affect all justice stakeholders. Facilities planning is long-term. Changes are costly. A facilities study is recommended that is limited in scope to existing county facilities, constrained by early, achievable budget targets and recognizes the need to leverage technology and improved business processes to mitigate the need for additional program space. The implementation plan will outline methods to reach these goals. A facilities study should be planned and designed with a primary goal in mind to improve business processes and functions. A facilities study conducted over 6 months should include: needs analysis and projections, space program, engineering study (unless a study has been recently completed), accessibility, security and segregated uses and access, three design and planning options, and three cost estimates for renovation and modification. Study recommendations should also include at minimum:
6.1 ADA Accessibility 6.2 Building Security 6.3 Security Staffing 6.4 Staffing Recruitment, Training and Compensation
The Justice Management Institute 116 Franklin County Justice System Business Process Analysis Integration Touchpoints
ID Entity Agency/Court Touch Point Functionality Source System Target System 1 1.0 Jail LE_01 Arrest CNet JMS 2
eFile_01 Complaint and Affidavit eFiling JMS 3
MDJS_02 Hearing List (Calendar) MDJS JMS 4
CPCMS_02 Hearing List (Calendar) CPCMS JMS 5 CPCMS_03 Orders (Commitments) CPCMS JMS 6 2.0 Public Defender MDJS_01 Complaint and Affidavit MDJS Legal Edge 7
MDJS_02 Calendar MDJS Legal Edge 8
MDJS_03 Orders (includes bail) MDJS Legal Edge 9
CL_01 Conflict Lawyer Assignment ? Legal Edge 10
eFile_03 Criminal Motions eFiling Legal Edge 11
CPCMS_01 Assignment CPCMS Legal Edge 12
CPCMS_02 Trial List (Calendar) CPCMS Legal Edge 13
CPCMS_03 Orders CPCMS Legal Edge 14
CPCMS_04 Verdict CPCMS Legal Edge 15
CPCMS_05 Sentence CPCMS Legal Edge 16
DA_01 Bill of Information Prosecutors Mgmt Sys Legal Edge 17
The Justice Management Institute 117 Franklin County Justice System Business Process Analysis ID Entity Agency/Court Touch Point Functionality Source System Target System 24 4.0 District Attorney MDJS_01 Complaint and Affidavit MDJS UCMS 25
MDJS_02 Trial List (Calendar) MDJS UCMS 26
CL_01 Conflict Lawyer Assignment ? UCMS 27
eFile_03 Criminal Motions eFiling UCMS 28
CPCMS_01 Assignment CPCMS UCMS 29
CPCMS_02 Hearing List (Calendar) CPCMS UCMS 30
CPCMS_03 Orders CPCMS UCMS 31
CPCMS_04 Verdict CPCMS UCMS 32
CPCMS_05 Sentence CPCMS UCMS 33
PD_01 Assignment Legal Edge UCMS 34
PD_02 Plea Counteroffers Legal Edge UCMS 35
PROB_01 Recommendations UCMS UCMS 36 PROB_03 Discharge UCMS UCMS 37 5.0 Court of Common Pleas MDJS_01 Complaint and Affidavit MDJS CPCMS 38
CPCMS_05 Sentence CPCMS UCMS 47 SVC_01 Service Providers ? UCMS
The Justice Management Institute 118 Franklin County Justice System Business Process Analysis ID Entity Agency/Court Touch Point Functionality Source System Target System 48 7.0 Sheriff CPCMS_03 Warrant Orders CPCMS CNet 49
DOC_01 Prisoner Transfers UCMS CNet 50
JAIL_01 Prisoner Transfers UCMS CNet 51 COURT_01 Transfer Orders UCMS CNet 52 8.0 Day Reporting Center CPCMS_03 Orders CPCMS MRT 53
CPCMS_05 Sentence CPCMS MRT 54 SVC_01 Service Providers ? MRT
The Justice Management Institute 119 Franklin County Justice System Business Process Analysis Chapter 7 Implementation Plan The implementation plan on the following pages is based on JMI recommendations for prioritization of first year business process changes on a three-year cycle. The recommendations incorporate significant efforts in information technology. The supplementary facilities recommendations are not indexed to any of the workflow processes, but reflect a consensus that security and access to existing courthouse facilities are high priorities.
JMI recommends the following county-wide business process implementation strategies. The recommendations are iterative. They are intended to be revised as the implementation planning phase evolves and is sustained. The recommendations only include the initiatives and recommendations recommended for implementation in the first year, continuing into the second year. Not all initiatives and recommendations are included in the Implementation Plan.
Implementation Strategy 1 Goals and Outcomes Each initiative is written as an objective with an implied goal or outcome. JMI recommends that the county and all justice stakeholders craft a goal or expected outcome for each initiative. This process will be conducted in three steps: 1. Draft initiative goals and submit them to the project management steering committee. 2. The steering committee will review and edit. 3. A collaborative session of CJAB and family casetype stakeholders will help to discuss and refine the initiatives. Consensus will be reached by majority vote.
Implementation Strategy 2 Three Year Cycles Organize the initiatives and recommendations into three year cycles at the conclusion of the implementation planning process: Year One Current projects, capacity building and high priority recommendations with low risk Year Two Current and new targeted projects, combined with building structural foundations Year Three System-wide projects that are based on good data and improved technology and that target specific outcomes.
Implementation Strategy 3 Year One JMI strongly recommends that the county and justice stakeholders focus on the following initiatives and recommendations in Year One. They are proposed because they are current projects, capacity building and high priority initiatives and recommendations. Major costs, except for staffing for 1.1 and 1.3 below, should not be incurred until Year Two.
The Justice Management Institute 120 Franklin County Justice System Business Process Analysis 1.0 County-Wide Communication and Decision-Making
1.1 Criminal Justice Coordinating Committee (CJCC). Create a Criminal Justice Coordinating Committee (CJCC) and full-time staff person, who will report to the County Commissioners and Judges. The CJCC will be chaired by a CJAB designee and will include one full or part-time staff person who will provide information to the CJAB chair and to the committee once per month. The CJCC will include staff from all criminal justice courts and agencies. Designated justice system stakeholders from each court and agency will work with CJCC staff to coordinate research, data sharing, and reporting.
This should be the highest priority of the county in order to determine what are the most effective policies and procedures to increase public safety, reduce recidivism and manage or reduce costs. For five key Pennsylvania policy and practice changes recommended by PAs Justice Reinvestment Strategy, go to http://csgjusticecenter.org/wp- content/uploads/2013/12/PA_2-page_report.pdf. For an example of a court (Contra Costa County, CA) that has achieved significant progress in this area, go to: http://www.jfa- associates.com/new%20from/JFA%20doc06.pdf. Recommendations within the Communication initiative are closely related to Initiative 2.0 Justice Reinvestment and 6.0 Justice Technology. They include the following which should be initiated the first year of implementation:
1.2 Cross-Agency Integrated Data Repository. Close work with IT to map needed data.
1.3 Recidivism Study. Alignment of recidivism data with current jail population study.
1.4 Early Accountability Review. Review of early accountability outcomes after more data has accumulated.
2.0 Justice Reinvestment
2.1 Probation Supervision Resources.
2.2 Pretrial Risk Screening. Evaluation of available tools and implementation of a risk screening tool in collaboration with Adult Probation and justice stakeholders.
3.0 Justice Technology Strategic Plan Few systemic issues can be addressed without good cross-agency data that are timely and integrated and provide clear direction at every stage of a case lifecycle. Each key component of the technology strategy will be on a different planning and development timeline or cycle. Year Two projects should be well into or completed the planning phase by the end of Year One. All of the technology recommendations should be included in the county-wide strategic plan, but focus must be on active and planned IT projects, to include at minimum: The Justice Management Institute 121 Franklin County Justice System Business Process Analysis
3.1 Civil eFiling (POC completed) 3.2 Criminal eFiling (planned integration between UCMS and CPCMS) 3.3 Data Integration (planned integration between UCMS and CPCMS) 3.4 Document Management (infrastructure is in place) 3.9 Jail Management System Strategy (UCMS project in progress) 3.11 Cross Agency Technology Training (critical need) 3.12 UCMS (project in progress, requires functional gap analysis)
4-6 High-Priority Recommendations
4.0 Jury Management. Clarification and streamlining of jury management staffing, resources and tools available, jury pool data sources, calendaring and jury attendance, efficiency, and automation tools for juror summons, intake, training and reimbursement.
5.0 Civil Casetypes Self Represented Litigants. This is a low-risk, low-cost, high reward recommendation. First year objectives should include, at minimum, online and hardcopy information and brochures about the justice system, how file cases, submit motions and manage the litigation process. In addition, the PA Courts and administrative office is calling for an initiative to assist self-represented litigants in county courts. The impact on public perceptions will be significant.
6.0 Facilities and Security Study. Facility and security issues affect all justice stakeholders. Facilities planning is long-term. Changes are costly. A facilities study is recommended that is limited in scope to existing county facilities, constrained by early, achievable budget targets and recognizes the need to leverage technology and improved business processes to mitigate the need for additional program space. The implementation plan will outline methods to reach these goals. A facilities study should be planned and designed with a primary goal in mind to improve business processes and functions. A facilities study conducted over 6 months should include: needs analysis and projections, space program, engineering study (unless a study has been recently completed), accessibility, security and segregated uses and access, three design and planning options, and three cost estimates for renovation and modification. Study recommendations should also include at minimum:
4.3A ADA Accessibility 4.3B Building Security 4.3C Security Staffing 4.3D Staffing Recruitment, Training and Compensation
The Justice Management Institute 122 Franklin County Justice System Business Process Analysis Years One and Two Implementation Communication and System-Wide Decision Making September 1, 2014 August 31, 2015 Steps Initiatives and Action Steps CJAB Committee Key Participants Start Date End Date Status 1 Communication and System-Wide Decision Making 9/1/2014 10/31/2014 1.0.1 Goals and objectives All stakeholders Board chairs 9/1/2014 10/31/2014 1.0.2 Stakeholders commitment All stakeholders Elected officials, managers 9/1/2014 10/31/2014
1.1 Criminal Justice Coordinating Committee (CJCC) 9/1/2014 11/30/2014 1.1.1 Re-configure CJAB to incorporate CJCC, chair and membership Evaluation and Caseflow Chairs, C Gray, M Singer 9/1/2014 9/30/2014 1.1.2 CJCC charter and funding County, Eval and Caseflow County, Chairs 9/1/2014 9/30/2014 1.1.3 CJCC Coordinator job description County, Eval and Caseflow Shalom, C Gray, M Singer 9/1/2014 9/30/2014 1.1.4 CJCC Coordinator advertisement County, Eval and Caseflow Shalom, C Gray 10/1/2014 10/31/2014 1.1.5 CJCC Coordinator interviews and selection County, Chairs and Caseflow Shalom, Chairs, 11/1/2014 11/20/2014 1.1.6 CJCC Coordinator hiring and orientation County County 11/20/2014 11/30/2014
1.2 Cross-Agency Integrated Data Repository 12/1/2014 2/28/2015 1.2.1 Establish primary data sets for tracking events and outcomes CJCC* CJCC Coordinator 12/1/2014 1/31/2015 1.2.2 Determine source an ownership of data CJCC CJCC Coordinator 1/1/2015 2/28/2015 1.2.3 Conduct gap analysis of systems data CJCC CJCC Coordinator 1/1/2015 2/28/2015 1.2.4 Identify and implement best approach for supplementing missing data CJCC CJCC Coordinator 2/1/2015 2/28/2015 1.2.5 Configure monthly data extracts for available data CJCC CJCC Coordinator 2/1/2015 2/28/2015 1.2.6 All reports (other tasks) should be keyed/indexed to data sets CJCC CJCC Coordinator 2/1/2015 2/28/2015 1.2.7 Maintain data indexes for reports CJCC CJCC Coordinator 3/1/2015 8/31/2015
The Justice Management Institute 123 Franklin County Justice System Business Process Analysis 1.3 Recidivism Study 1.3.1 Establish research guidelines and human subject safeguards CJCC CJCC Coordinator 12/1/2014 1/31/2015 1.3.2 Determine sampling and control groups CJCC CJCC Coordinator 1/1/2015 2/28/2015 1.3.3 Data gap analysis use of historical (e.g. ARD) or day-forward (e.g. EAP) samples CJCC CJCC Coordinator 1/1/2015 2/28/2015 1.3.4 Add data elements to UCMS or capture data manually CJCC CJCC Coordinator 2/1/2015 2/28/2015 1.3.5 Begin study using monthly data on all immediate past or future dispositions CJCC CJCC Coordinator 3/1/2015 2/29/2016 1.3.6 For day-forward evaluate results after one year CJCC CJCC Coordinator 3/1/2016 3/31/2016
1.4 Early Accountability Review 1.4.1 Assemble and configure pre-Sep 2013 outcome data tables CJCC CJCC Coordinator, A Everetts 12/1/2014 1/31/2015 1.4.2 Assemble and configure ongoing data tables for post-2013 outcomes CJCC CJCC Coordinator, A Everetts 12/1/2014 1/31/2015 1.4.3 Ensure outcome tracking for both preliminary (MDJ) and plea hearings (CCP) CJCC CJCC Coordinator, A Everetts 2/1/2015 2/28/2015 1.4.4 Identify and ensure time markers for procedural changes at Central Court CJCC CJCC Coordinator, A Everetts 2/1/2015 2/28/2015 1.4.5 Draft monthly reports for outcome feedback and approval from stakeholders CJCC CJCC Coordinator, A Everetts 12/1/2014 8/31/2015 1.4.6 Feed key data to Recidivism Study CJCC CJCC Coordinator, A Everetts 12/1/2014 8/31/2015 *Criminal Justice Coordinating Committee
The Justice Management Institute 124 Franklin County Justice System Business Process Analysis Years One and Two Implementation Justice Reinvestment September 1, 2014 August 31, 2015 Steps Initiatives and Action Steps CJAB Committee Key Participants Start Date End Date Status 2 Justice Reinvestment 2.0.1 Goals and objectives All stakeholders Board chairs 9/1/2014 10/31/2014 2.0.2 Stakeholders commitment All stakeholders Elected officials, managers 9/1/2014 10/31/2014
2.1 Probation Supervision Resources 2.1.1 Project and quantify material resources needed for supervision (e.g. EMUs) CJCC, CJAB CJCC Coordinator, Dan Hoover 12/1/2014 12/31/2014 2.1.2 Project and quantify personnel resources for pretrial supervision CJCC, CJAB CJCC Coordinator, DH 12/1/2014 2/28/2015 2.1.3 Project and quantify personnel resources for probation supervision CJCC, CJAB CJCC Coordinator, DH 12/1/2014 2/28/2015 2.1.4 Calculate costs for material and personnel resources CJCC CJCC Coordinator, County, DH 3/1/2015 3/31/2015 2.1.5 Index pretrial and probation supervision to reduced jail population costs CJCC CJCC Coordinator, County 3/1/2015 3/31/2015 2.1.6 Establish two-year phased implementation CJCC, CJAB County, DH 3/31/2015 4/30/2015 2.1.7 Implement first-year plan for material and diversion resources CJAB CJCC Coordinator, DH, County 5/1/2015 8/31/2015
2.2 Pretrial Risk Screening 2.2.1 Evaluate pretrial risk screening tools accuracy (report) (e.g. KPRA-S /PSA-Court) CJCC, CJAB CJCC Coordinator, Dane Anthony 12/1/2014 1/31/2015 2.2.2 Select risk screening instrument CJCC, CJAB MDJs, CJCC Coordinator, DA 1/31/2015 2/28/2015 2.2.3 Identify costs for implementation and training CJCC CJCC Coordinator, County 1/31/2015 3/31/2015 2.2.4 Identify personnel and methodology (law enforcement or jail) CJCC CJCC Coordinator, DA, Police Chiefs 1/31/2015 3/31/2015 2.2.5 Get buy-in CJCC, CJAB CJCC Coordinator, DA, Police Chiefs 12/1/2014 4/30/2015 2.2.6 Adopt risk screening instrument CJAB County, CJCC Coordinator 3/31/2015 4/30/2015 2.2.7 Training CJCC CJCC Coordinator, DA, Police 4/30/2015 5/31/2015 2.2.8 Go Live CJAB MDJs, CJCC Coordinator, DA, Police 6/1/2015
The Justice Management Institute 125 Franklin County Justice System Business Process Analysis Years One and Two Implementation Information Technology Strategic Plan September 1, 2014 August 31, 2015 Steps Initiatives and Action Steps CJAB Committee Key Participants Start Date End Date Status 3 Information Technology Strategic Plan 3.0.1 Goals and objectives All stakeholders Board chairs 9/1/2014 10/31/2014 3.0.2 Stakeholders commitment All stakeholders Elected officials, managers 9/1/2014 10/31/2014 3.0.1 Draft WAN and LAN (each building) diagrams Technology County CIO, IT staff 9/1/2014 11/30/2014 3.0.2 Update inventory of all County-funded hardware and software (network/user) Technology County CIO, IT staff 9/1/2014 11/30/2014 3.0.3 Document existing high-level functions of primary case management systems Technology County CIO, IT staff 9/1/2014 11/30/2014 3.0.4 Gap analysis of existing and needed functional requirements for core CMSs Technology County CIO, IT staff 9/1/2014 11/30/2014 3.0.5 Document functional requirements for civil e-filing (5.2) Technology County CIO, IT staff 9/1/2014 2/28/2015 3.0.6 Document functional requirements for criminal e-filing (5.3) Technology County CIO, IT staff 9/1/2014 12/31/2014 3.0.7 Document functional requirements for data integration (5.4) Technology County CIO, IT staff 3/1/2015 3/31/2015 3.0.8 Document functional requirements for document management (5.5) Technology County CIO, IT staff 3/1/2015 3/31/2015 3.0.9 Document functional requirements for fee transactions (civil) Technology County CIO, IT staff 4/1/2015 4/30/2015 3.0.10 Phased cost analysis Technology County CIO, IT staff 5/1/2015 5/31/2015 3.0.11 Draft Strategic Plan report for review by stakeholders Technology County CIO, IT staff 6/1/2015 6/30/2015 3.0.12 Final IT Strategic Plan report Technology County CIO, IT staff 7/1/2015 7/31/2015
3.1 Civil eFiling (POC completed) 3.1.1 DR and Family Evaluate and incorporate Family eFiling from AOPC Technology County CIO, IT staff, civil power users 9/1/2014 10/31/2014 3.1.2 DR and Family Gap analysis of document integration into Infocon or Laserfiche Technology County CIO, IT staff, civil power users 10/1/2014 10/31/2014 3.1.3 DR and Family High level functional requirements needed Technology County CIO, IT staff, civil power users 11/1/2014 22/28/2015 The Justice Management Institute 126 Franklin County Justice System Business Process Analysis Steps Initiatives and Action Steps CJAB Committee Key Participants Start Date End Date Status 3.1.4 DR and Family Submit requirements to AOPC Technology County CIO, IT staff, power users 2/1/2015 2/28/2015 3.1.5 Civil High level functional requirements for civil e-filing Technology County CIO, IT staff, power users 11/1/2014 2/28/2015 3.1.6 Civil System requirements Technology County CIO, IT staff, power users 11/1/2014 2/28/2015 3.1.7 Civil Draft procurement document Technology County CIO, IT staff, power users 3/1/2015 4/30/2015 3.1.8 Civil RFP and submission process Technology County CIO, IT staff, power users 5/1/2015 6/30/2015 3.1.9 Civil Evaluation and contracting Technology County CIO, IT staff, power users 7/1/2015 8/31/2015 3.1.10 Civil Implementation Technology County CIO, IT staff, power users 9/1/2015 12/31/2015 3.1.11 Civil Testing Technology County CIO, IT staff, power users 12/15/2015 1/15/2016 3.1.12 Civil Training Technology County CIO, IT staff, power users 1/15/2016 1/31/2016 3.1.13 Civil Go Live Technology County CIO, IT staff, power users 2/1/2016
3.2 Criminal eFiling (planned D.A. integration between UCMS and CPCMS)
3.2.1 Criminal Document criminal e-filing functions from law enforcement to MDJS Technology County CIO, IT staff, criminal power users 9/1/2014 9/30/2014 3.2.2 Criminal Document criminal e-filing functions from D.A. to CPCMS Technology County CIO, IT staff, criminal power users 10/1/2014 10/31/2014 3.2.3 Criminal Document criminal e-filing functions from Adult Probation to CPCMS Technology County CIO, IT staff, criminal power users 11/1/2014 11/30/2014 3.2.4 Criminal Document criminal e-filing functions from attorneys to CPCMS Technology County CIO, IT staff, criminal power users 12/1/2014 12/31/2014 3.2.5 Gap analysis of e-filing functions from UCMS (D.A. and A.P.) to CPCMS Technology County CIO, IT staff, criminal power users 1/1/2015 1/31/2015 3.2.6 Document high level system requirements for criminal e-filing Technology County CIO, IT staff, criminal power users 2/1/2015 2/28/2015 3.2.7 Submit requirements to CCAP and AOPC Technology County CIO, IT staff, criminal power users 3/1/2015
The Justice Management Institute 127 Franklin County Justice System Business Process Analysis Steps Initiatives and Action Steps CJAB Committee Key Participants Start Date End Date Status 3.3 Data Integration (planned integration between UCMS and CPCMS)
3.3.1 Document calendaring integration functions to be provided Technology County CIO, IT staff, criminal power users 3/1/2015 3/31/2015 3.3.2 Document filing and disposition integration functions to be provided Technology County CIO, IT staff, criminal power users 3/1/2015 3/31/2015 3.3.3 Gap analysis of calendaring integration into UCMS from CPCMS Technology County CIO, IT staff, criminal power users 4/1/2015 4/30/2015 3.3.4 Gap analysis of filing and disposition integration into UCMS from CPCMS Technology County CIO, IT staff, criminal power users 4/1/2015 4/30/2015 3.3.5 Document system requirements for integration Technology County CIO, IT staff, criminal power users 5/1/2015 5/31/2015 3.4.6 Submit requirements to CCAP and AOPC Technology County CIO, IT staff, criminal power users 6/1/2015
3.4 Document Management (infrastructure is in place) 3.4.1 Evaluation and documentation of key DM functions (categories for all types) Technology County CIO, IT staff 3/1/2015 3/31/2015 3.4.2 Map three targeted DM functional requirements (e.g. complaints, motions, orders) Technology County CIO, IT staff 4/1/2015 4/30/2015 3.4.3 System requirements for document management Technology County CIO, IT staff 5/1/2015 5/31/2015 3.4.4 Issue task order to host system developers/submit requirements to CCAP & AOPC Technology County CIO, IT staff 6/1/2015 6/30/2015 3.4.5 Negotiate and execute contracts for county developers Technology County CIO, IT staff 7/1/2015 7/31/2015 3.4.6 Vendor implementation Technology County CIO, IT staff 8/1/2015 10/31/2015 3.4.7 IT Implementation of Laserfiche data indexing structure Technology County CIO, IT staff 8/1/2015 10/31/2015 3.4.8 Testing Technology County CIO, IT staff 11/1/2015 11/15/2015 3.4.9 Training Technology County CIO, IT staff 11/16/2015 11/30/2015 3.4.10 Go Live Technology County CIO, IT staff 12/1/2015
The Justice Management Institute 128 Franklin County Justice System Business Process Analysis Steps Initiatives and Action Steps CJAB Committee Key Participants Start Date End Date Status 3.5 UCMS Unified Case Management System 3.5.1 Document functions of offender portal Technology County CIO, IT staff 3/1/2015 3/31/2015 3.5.2 Document functions of new Adult Probation module Technology County CIO, IT staff 3/1/2015 3/31/2015 3.5.3 Document functions of new District Attorney module Technology County CIO, IT staff 4/1/2015 4/30/2015 3.5.4 Document functions of new Jail Management module Technology County CIO, IT staff 4/1/2015 4/30/2015 3.5.5 Conduct gap analysis Technology County CIO, IT staff 5/1/2015 5/31/2015 3.5.6 Evaluation of Year 2 and Year 3 requirements Technology County CIO, IT staff 5/1/2015 5/31/2015 3.5.7 Submit requirements to CCAP Technology County CIO, IT staff 6/1/2015
3.6 Cross Agency Technology Training (critical need) 3.6.1 Draft user manuals for county shared services (email, office automation, SMS) Technology, Evaluation County CIO, IT staff, super users 9/1/2014 10/31/2014 3.6.2 Draft user manuals for document management (Laserfiche standalone) Technology County CIO, IT staff, super users 9/1/2014 10/31/2014 3.6.3 Draft user manuals for enterprise systems (HR, finance, procurement) Technology County CIO, IT staff, super users 9/1/2014 10/31/2014 3.6.4 Evaluate agency and user interest survey instrument target county systems Technology County CIO, IT staff, super users 10/1/2014 11/30/2014 3.6.5 Schedule training sessions Technology County CIO, IT staff, super users 11/1/2014 11/30/2014 3.6.6 Conduct first year training sessions Technology County CIO, IT staff, super users 12/1/2014 8/31/2015 3.6.7 Assemble user manuals for UCMS from CCAP Technology, Justice Network County CIO, IT staff, super users 9/1/2014 2/28/2015 3.6.8 Assemble user manuals for CPCMS and MDJS from AOPC Technology, Caseflow Mgmt County CIO, IT staff, super users 9/1/2014 2/28/2015 3.6.9 Assemble user manuals for Infocon Technology, Caseflow Mgmt County CIO, IT staff, super users 9/1/2014 2/28/2015 3.6.9 Incorporate state and vendor systems into county training Technology, Caseflow Mgmt County CIO, IT staff, super users 3/1/2015 8/31/2015
The Justice Management Institute 129 Franklin County Justice System Business Process Analysis Steps Initiatives and Action Steps CJAB Committee Key Participants Start Date End Date Status 3.7 Jury Management Software (requires a POC and best practices analysis)
3.7.1 Functional requirements Technology County CIO, IT staff 9/1/2014 11/30/2014 3.7.2 System requirements and data integration Technology County CIO, IT staff 9/1/2014 11/30/2014 3.7.3 Proof of concept evaluations of jury management software Technology County CIO, IT staff 12/1/2014 1/31/2015 3.7.4 Draft procurement document Technology County CIO, IT staff 2/1/2015 3/31/2015 3.7.5 RFP and submission process Technology County CIO, IT staff 4/1/2015 5/31/2015 3.7.6 Evaluation and contracting Technology County CIO, IT staff 6/1/2015 7/31/2015 3.7.7 Implementation Technology County CIO, IT staff 8/1/2015 11/30/2015 3.7.8 Testing Technology County CIO, IT staff 12/1/2015 12/15/2015 3.7.9 Training Technology County CIO, IT staff 12/15/2015 12/31/2015 3.7.10 Go Live Technology County CIO, IT staff 1/1/2016
The Justice Management Institute 130 Franklin County Justice System Business Process Analysis Years One and Two Implementation High Priority Standalone Recommendations September 1, 2014 August 31, 2015
Steps Initiatives and Action Steps CJAB Committee Key Participants Start Date End Date Status 4-6 High-Priority Standalone Recommendations 4.0.1 Goals and objectives All stakeholders Board chairs 9/1/2014 10/31/2014 4.0.2 Stakeholders commitment All stakeholders Elected officials, managers 9/1/2014 10/31/2014
4.0 Jury Management (for software, see 3.7) 4.1.1 Workflow process analysis Caseflow Court Admin, Judges, Clerks 9/1/2014 10/31/2014 4.1.2 Reorganization proposal Caseflow Court Admin, Judges, Clerks 11/1/2014 11/30/2014 4.1.3 Re-classification of staff and assignments Caseflow Court Admin, Judges, Clerks 12/1/2014 2/28/2015 4.1.4 Alignment with jury management software project Caseflow Court Admin, Judges, Clerks 3/1/2015 3/31/2015 4.1.5 Implementation of new jury management staffing structure Caseflow Court Admin, Judges, Clerks 3/1/2015 4/30/2015
5.0 Civil Casetypes Self-Represented Litigants 5.1.1 Hardcopy forms and guidance materials Caseflow Court Administration, Judges 9/1/2014 1/31/2015 5.1.2 Online county-based resources IT IT, Judges 9/1/2014 1/31/2015 5.1.3 Self-help center study and analysis Caseflow Court Administration, Judges 1/1/2015 3/31/2015
6.0 Facilities and Security Study 6.1.1 RFP for facilities master plan update Facilities County Administration, Judges 9/1/2014 10/31/2014 6.1.2 Facilities master plan update and engineering study Facilities County Administration, Judges 11/1/2014 2/28/2015 6.1.3 Financing Facilities County Administration, Judges 1/1/2015 3/31/2015 6.1.4 RFP for architects/engineers Facilities County Administration, Judges 4/1/2015 7/31/2015 6.1.5 Renovation and expansion project Facilities County Administration, Judges 2015 2016
The Justice Management Institute 131 Franklin County Justice System Business Process Analysis Chapter 8 Costs and Benefits The following estimated costs and benefits are primarily monetary, and also based on derived efficiencies. They range across all recommendations over a multi-year implementation. For each initiative, a detailed cost estimate must be completed and measured against the outcomes. Qualitative benefits are described in the narrative body of the report.
COSTS 1.1 Criminal Justice Coordinator In-House Low High Notes Advertising $200 $500 Computer and Equipment $1,500 $1,500 Office Space (no incremental cost) $0 $0 Total Cost $0 $1,700 $2,000 CJCC coordinator annual salary $60,000 $75,000 Annual Benefits (35%) $21,000 $26,250 Total Annual Costs $0 $81,000 $101,250
1.2 Cross-Agency Integrated Data Repository Phase One In-House Manual data collection $0 Staffing work by CJCC coordinator $0 Total Cost $0
Phase Two In-House Contracted Low Cost Contracted High Cost Phase two data repository software OS $0 $0 Repository configuration and setup $0 $20,000 $40,000 Data integration configuration and setup $0 $40,000 $60,000 Subtotal $0 $60,000 $100,000
1.3 Recidivism Study In-House The Justice Management Institute 132 Franklin County Justice System Business Process Analysis CJCC Coordinator work $0
1.4 Early Accountability In-House CJCC Coordinator work $0
1.5 Early Discovery In-House CJCC Coordinator work $0
2.1 Pretrial Risk Screening In-House Low High CJCC Coordinator work $0 Training $0 $10,000 $15,000 Subtotal $0 $10,000 $15,000
2.2 Pretrial Eligibility Determination In-House CJCC Coordinator work $0
2.3 Pretrial Diversion In-House CJCC Coordinator work $0
2.4 DRC Alternatives to Commitment In-House CJCC Coordinator work $0
2.5 Jail Population Reduction Strategies In-House CJCC Coordinator work $0
2.6 Probation Supervision Resources In-House Low High CJCC Coordinator analysis and cost estimates $0 $0 $0 Increase GPS monitoring (low-50%; high 100%) $0 $0 $0 Add pretrial staff (low-2; high-4) Advertising $125 $125 The Justice Management Institute 133 Franklin County Justice System Business Process Analysis PO annual salary x2; x4 $90,000 $180,000 Annual Benefits (35%) $31,500 $63,000 Computer and Equipment $3,000 $6,000 Office space leased (200 sf ea) $4,000 $8,000 Subtotal Annual Costs $128,625 $257,125
IT STRATEGIC PLAN In-House Contracted Low Cost Contracted High Cost Notes 3.1 Justice Technology Strategic Plan $0 $60,000 $120,000
3.2 Civil e-Filing In-House Contracted Low Cost Contracted High Cost Software NA $0 $120,000 Low cost is freeware + atty subscriptions Data integration with Infocon NA $20,000 $50,000 Document integration with Infocon NA $10,000 $20,000 Contingency (15%) NA $4,500 $28,500 Subtotal $0 $34,500 $218,500 Annual maintenance $0 $0 $10,000
3.3 Criminal e-Filing In-House Contracted Low Cost Contracted High Cost UCMS and CPCMS D.A. e-filing NA $0 $0 Law enforcement e-filing from field tech NA $120,000 $160,000 Modules provided by county Attorney e-filing (piggyback on civil) NA $0 $10,000 Piggyback on civil e-filing Data integration with CPCMS/MDJS NA $60,000 $80,000 Use of web services Document integration with Laserfiche NA $20,000 $20,000 Use of web services Contingency (15%) NA $30,000 $40,500 Subtotal $0 $230,000 $310,500 Annual maintenance $0 $15,000 $30,000 Piggyback on civil e-filing
The Justice Management Institute 134 Franklin County Justice System Business Process Analysis 3.4 Data Integration In-House Contracted Low Cost Contracted High Cost Only if standalone from e-filing See data integration in e-filing above NA $0 $0 Data integration with CPCMS/MDJS NA $60,000 $80,000 Primarily e-filing Data integration with Infocon NA $50,000 $50,000 Primarily e-filing UCMS and CPCMS data integration NA $0 $0 Subtotal $0 $110,000 $130,000
3.5 Document Management In-House Contracted Low Cost Contracted High Cost Three targeted Laserfiche functions $0 NA NA Full document integration with Infocon $0 $15,000 $30,000 Costs from Infocon DMS embed in CPCMS/MDJS $0 $15,000 $30,000 Costs from AOPC DMS embed/integration in UCMS $0 $15,000 $30,000 Costs from CCAP Subtotal $0 $45,000 $90,000
3.6 UCMS In-House Low High Function analysis $0 $10,000 $20,000 Gap analysis $0 $5,000 $10,000
3.7 Cross-Agency Technology Training In-House Low High Training documents $0 $3,000 $5,000
3.8 Jury Management Software In-House Contracted Low Cost Contracted High Cost Requirements $0 $15,000 $30,000 Bidding/Procurement/Project Management $500 $15,000 $30,000 Development and Licenses NA $30,000 $60,000 Training NA $2,000 $5,000 Subtotal $500 $62,000 $125,000 Annual maintenance $2,000 $2,000 $5,000 The Justice Management Institute 135 Franklin County Justice System Business Process Analysis
4.0 Jury Management In-House Low High No Costs $0 $0 $0
5.0 Civil Casetypes Self-Represented Litigants In-House Low High Hardcopy & online forms and assistance $0 $2,000 $5,000 Self-help website $0 $5,000 $8,000 Self-help center (1 staff + volunteers) Advertising $125 $125 Staff annual salary $30,000 $40,000 Annual Benefits (35%) $10,500 $14,000 Computer and Equipment $1,500 $1,500 Office space leased (400 sf ea) $0 $3,200 $4,800 Subtotal Annual Costs $0 $45,325 $60,425
6.0 Facilities Expansion and Renovation In-House Contracted Low Cost Contracted High Cost Master plan program update $80,000 $120,000 Engineering study $60,000 $100,000 Design and documentation $787,500 $810,000 Bidding $1,000 $2,000 $3,000 Construction costs $13,500,000 $16,200,000 (90,000 sf x $150-180/sf) Technology $500,000 $750,000 Fitout $400,000 $800,000 Subtotal $1,000 $15,329,500 $18,783,000 Annual maintenance (energy/environment) (TBD) (TBD)
6.1 Facilities Security In-House Low High Study $0 $10,000 $15,000 Staffing salaries TBD TBD TBD The Justice Management Institute 136 Franklin County Justice System Business Process Analysis In-House Low High Total Investment Costs $1,500 $648,200 $1,164,000 Total Facility Costs $1,000 $15,329,500 $18,783,000
Total Annual Costs $2,000 $271,950 $463,800 Total Annual Costs x 3 years $6,000 $815,850 $1,391,400 Total Annual Costs x 10 years $20,000 $2,719,500 $4,638,000
BENEFITS A Jail Reduction Strategies In-House Low High Notes Reduce time to disposition for 116 defendants NA $678,600 $1,017,900 Low = 50% of 116; high = 75% of 116 Reduce pretrial population by 10% and 15% NA $581,263 $871,894 Currently at approx. 70% of 350 beds Subtotal Annual NA $1,259,863 $1,889,794
B Productivity Efficiency Strategies 3.2 Civil e-Filing 50% 100% 7,400 cases x 2 filings/case * 15 mins * $.06/min $6,660 $13,320
Reduction in hearings x 1 per case due to e-filing notifications $80,048 $160,096 Assumes 15 minutes/hearing x 3 staff Subtotal Annual $86,708 $173,416
3.3 Criminal e-Filing 50% 100% 19,146 cases x 2 filings/case * 15 mins * $.06/min $17,231 $34,463
Reduction in hearings x 1 per case due to e-filing notifications $80,048 $160,096 Assumes 15 minutes/hearing x 3 staff Reduction in continuances x 1 per case (CCP only) $27,379 $54,757 Assumes 15 minutes/hearing x 3 staff Subtotal Annual $124,658 $249,316
Annual Savings NA $1,471,229 $2,312,526 The Justice Management Institute 137 Franklin County Justice System Business Process Analysis Three-Year Savings NA $4,413,686 $6,937,578 Ten-Year Savings NA $14,712,287 $23,125,261 The Justice Management Institute 138 Franklin County Justice System Business Process Analysis Appendix 1 Initiatives and Recommendations Survey Results
Initiatives The following chart illustrates the results of ranking 6 initiatives across Franklin County, both weighted by agency and using the raw scores from the surveys. The weighted average balances the results evenly across 17 county courts, agencies and departments.
Initiatives Weighted AVG Raw AVG 1.0 Communications and System-Wide Decision Making 4.29 4.29 2.0 Justice Reinvestment 4.09 4.06 5.0 Justice System Technology Strategic Plan 3.69 4.03 3.0 Comprehensive Jury Management Project 3.45 3.12 4.0 Civil Communication & Case Management 2.94 2.89 6.0 Facilities and Security Study 2.86 2.88
Recommendations 4.29 4.09 3.69 3.45 2.94 2.86 1.00 2.00 3.00 4.00 5.00 6.00 1.0 2.0 5.0 3.0 4.0 6.0 Weighted Average The Justice Management Institute 139 Franklin County Justice System Business Process Analysis The following chart illustrates the top 12 recommendations as scored by 16 courts and agencies, for two measurements: 1) Beneficial to Franklin County; and 2) Feasible to implement.
No. Beneficial to Franklin County (10 = highest score) Weighted AVG Raw AVG 2.6 Probation Supervision Resources * 9.14 9.23 5.3 Data Integration 8.78 8.62 6.4 Staffing Recruitment, Training, and Compensation Study * 8.72 8.43 6.2 Building Security * 8.70 8.50 5.13 Cross-Agency Technology Training* 8.47 8.68 5.2 Criminal eFiling 8.44 8.88 1.2 Cross-Agency Integrated Data Repository 8.17 8.67 6.3 Security Staffing 8.11 8.27 6.1 ADA Accessibility* 8.11 7.94 5.9 Jail Management System Strategy 8.08 8.00 5.5 Document Management 8.07 8.33 4.4 Self-Represented Litigants* 8.03 8.30
*Top 12 on both beneficial and feasible. The Justice Management Institute 140 Franklin County Justice System Business Process Analysis The following six charts illustrate the recommendation scores within each initiative according to the two measurements (beneficial and feasible) by weighted average. The recommendations have been sorted by Beneficial Score (highest to lowest).
Initiative 1(highest ranked initiative) Communications and System-Wide Decision Making Recommendation Beneficial Feasible 1.2 Cross-Agency Integrated Data Repository 8.17 6.72 1.7 Probation and DR Integration 7.74 7.00 1.4b Expedite info release for Early Accountability 7.52 6.34 1.3 Recidivism Study 7.41 7.17 1.8 Accounts Payable 6.86 5.71 1.5 Treatment Provider Management 6.61 6.63 1.4a Review Early Accountability 6.58 6.97 1.1 Criminal Justice Coordinating Committee (CJCC) 6.49 6.80 1.6 Juvenile Defense Provider Contract 6.25 5.88
Initiative 6 Facilities and Security Study Recommendation Beneficial Feasible 6.4 Staffing Recruitment, Training, and Compensation Study 8.72 7.75 6.2 Building Security 8.70 8.35 6.1 ADA Accessibility 8.11 7.40 6.3 Security Staffing 8.11 7.25 6.5 Parking 7.82 6.54
The Justice Management Institute 142 Franklin County Justice System Business Process Analysis Notes
1. The highest ranked initiative, Communication, has only one recommendation, Cross-Agency Integrated Data Repository that scores among the top-twelve beneficial or feasible recommendations.
2. The second highest ranked initiative, Justice Reinvestment, also has only one recommendation, Probation Supervision Resources that scores among the top twelve beneficial or feasible recommendations.
3. The lowest ranked initiative, Facilities and Security Study, has four recommendations that score among the top twelve beneficial or feasible recommendations; three in both categories: Building Security Staffing Recruitment, Training, and Compensation Study Security Staffing ADA Accessibility
These three results are remarkable. They are due to at least two speculative and observable causes: 1) the methodology for the ranking and the scoring and the stated approach to focusing on key recommendations outside the high-ranked initiatives shifted the thinking of the participants to focus on key recommendations, distinct from the initiatives; and 2) the use of a 10-scale scoring resulted in a large number of high scores, with few participants choosing low scores 55 .
The weighted averages across courts/agencies has the tendency to push scores down and smooth out the high extremes from the raw averages.
4. The lowest beneficial weighted recommendation, Juvenile Defense Provider Contract, receives a score of 6.3 and a raw score of 6.9.
5. The lowest feasible weighted recommendation, Accounts Payable, receives a weighted score of 5.7 and raw score of 7.6. Notably, the lowest feasible recommendation based on raw scores is Document Management with a score of 5.5.
6. Five technology recommendations are viewed by the participants as highly beneficial, but only two are scored as feasible.
55 Over 50% of the beneficial recommendations and 30% of the feasible recommendations had a median score of 9 or higher. The Justice Management Institute 143
Franklin County Justice System Business Process Analysis Appendix 2 Teams and Participants
Franklin County Board of Commissioners David S. Keller, Chairman, Board of Commissioners Robert L. Thomas, Commissioner Robert G. Ziobrowski, Commissioner
Franklin County Administration John Hart, County Administrator Carrie Gray, Assistant County Administrator Sean Crager, Chief Information Officer
Court of Common Pleas President Judge Douglas Herman Honorable Carol VanHorn Honorable Angela Krom Honorable Shawn Meyers Honorable Jeremiah Zook Mark Singer, Court Administrator Andy Everetts, Deputy Court Administrator Gale Kendall, Deputy Court Administrator
Adult Probation Daniel Hoover, Chief Judy Shoemaker, Payment Division Supervisor Kevin Zook, DUI Unit Supervisor Joe Maclaughlin, Adult Unit Supervisor Barbara Burns, Pre-Release Unit
The Justice Management Institute 144 Franklin County Justice System Business Process Analysis Day Reporting Center Kim Eaton, Director
Juvenile Probation Kati McGrath, Chief Jim Hepler, Supervisor Kerri Washabaugh, Administrative Assistant Ruby Hawbaker, Department Clerk Linda Gadberry, Department Clerk Brandon Goshorn, Juvenile Probation Eric Hewitt, Juvenile Probation Erin Kramer, Probation Officer Dora Housekeeper, Juvenile Probation Tara Whitsel, Juvenile Probation Autumn Cessna, Specialized Intensive Services Officer John DeSalis, Probation Officer Rick Ackerman, Probation Officer
Clerk of Court William Vandrew, Clerk of Court Amy Hall, staff, Clerk of Court
Prothonotary Linda Beard, Prothonotary Deanna Hartman, First Deputy, Prothonotary
Magisterial District Courts Magisterial District Chief Judge Larry G Pentz Magisterial District Judge Duane Cunningham Magisterial District Judge Glenn K Manns Magisterial District Judge Kelly Rock Magisterial District Judge Jody C Eyer Magisterial District Judge Todd R Williams Magisterial District Judge David Plum Becky Denham, Secretary, MDJ Mann
District Attorney Matt Fogal, District Attorney Krystal Nei, Office Manager Lauren Sulcove, First Assistant District Attorney
Public Defender The Justice Management Institute 145 Franklin County Justice System Business Process Analysis Mike Toms, Chief Public Defender Ian Brink, First Assistant Public Defender Shannon Barnett, Assistant Public Defender (juvenile cases) Kelly High, Paralegal and Intake Alex Ash, Legal Secretary Nancy Mackley, Legal Secretary Steph Mellott, Caseworker Terry Sanders, Investigator
Juvenile Defender Kristen Hamilton, Juvenile Defender
Sheriffs Office Dane Anthony, Sheriff Randy Stroble, Chief Deputy Sheriff Michael Powell, Public Information Specialist
Franklin County Jail Dan Keen, Warden Jay Sullen, Captain Lionel Pierre, Central Booking Administrator Melyssa Flud, Director of Specialized Services Michelle Weller, Deputy Warden Russ Rouzer, Deputy Warden
Children and Youth Services Doug Amsley, Director, Children and Youth Services
Police Department Representatives Lt. Hall Lt. Johnson, Pennsylvania State Police John Phillippy, Greencastle Chief
CJAB Staff Shalom Black, Director Elizabeth Grant, Grants Associate
The Justice Management Institute 146 Franklin County Justice System Business Process Analysis Appendix 3 Criminal Justice Coordinating Commission (CJCC) Coordinator Sample Job Description
Clinton County, Iowa Job Description
Clinton County Justice Coordinating Commission
Job Title: Coordinator Job Code: N/A Department: Clinton County Justice Coordinating Commission Pay Grade: N/A Reports to: Board of Supervisors FLSA: Exempt Salary Range
SUMMARY The Coordinator is under the guidance of the Clinton County Justice Coordinating Commission, which is responsible for planning, developing, coordinating and evaluating programs that serve adult and juvenile offenders in order to promote a range of productive and rehabilitative options for use by the criminal justice system. This position is responsible for identifying, researching, implementing, coordinating and monitoring the goals and activities of the Clinton County Justice Coordinating Commission and the programs it supervises.
Essential Job Duties and Responsibilities:
Works with the Clinton County Justice Coordinating Commission and its subcommittees to develop and implement policies, procedures, and programs that support the Commissions program goals and objectives. Prepares and administers annual budget in consultation with the Commission and presents the budget to the Clinton County Board of Supervisors for approval. Facilitates Commission meetings by organizing, planning, coordinating, directing and providing a structured process for addressing issues. This would include creating and publishing meeting agendas; addressing conflicts that might arise while observing the group dynamics; and keeping accurate records and documentation of proceedings. Assumes, when necessary, an educational role when presenting new concepts or information. This would include training justice system personnel in data collection and program evaluation methods and present new concepts or information in a simplified and easily understood format using tables, graphs, or other visual aids and explains theoretical concepts in simplified terms. The Justice Management Institute 147 Franklin County Justice System Business Process Analysis Conduct research and analysis in addition to maintaining current information on federal and state initiatives regarding justice system alternative programs (juvenile and adult), and on programs initiated and operated in other counties, and evaluate their feasibility and appropriateness for Clinton County. Monitor new programs, policies and procedures initiated by the Commission. Then further evaluate and forecast the impact these have had in Clinton County. Seeks and prepares grant applications to obtain outside funding where appropriate.
Minimum Qualifications Requirements - (Education and Experience):
Bachelors degree in criminal justice, public administration, or a closely related field, such as social work, human services or counseling and a minimum of three years of increasingly responsible experience in the criminal justice system, social work experience working with jail inmate population or mental health services.
Minimum Qualifications (Knowledge, Skills and Abilities)
Office Skills Demonstrated ability to be aware of the purpose, structure, and funding sources of government agencies at the municipal, county, and state levels. Knowledge of case processing of defendants, offenders, victims, and clients in the criminal and juvenile justice systems. Experience in interfacing with governmental and service agencies both within and outside of the justice system (e.g., social services or education system). Knowledge of local criminal and juvenile statutes. Ability to use strategies and techniques for legal research, analysis, and writing. Ability to reference theories of criminology and history, assumptions, and processes of the criminal and juvenile justice systems. Understanding of evidence-based practices in adult corrections, prevention and treatment of violence, criminal behavior, mental health and substance abuse. Knowledge of the history, models and principles of public administration and policy. Ability to organize, direct, and facilitate group activities and meetings.
Skills Ability to collect and synthesize existing and relevant research literature. Ability to apply principles of the scientific method to research and analytic activities. Ability to analyze data using statistical procedures and tests. Ability to clearly and concisely communicate complex ideas orally and in writing. Skill and proficiency with word processing, spreadsheet, database, presentation, e-mail, and Internet software applications. Experience with monitoring budgets, preparing and presenting budget proposals and financial reports. Excellent organization and record keeping skills. Ability to consistently meet deadlines. Demonstrated ability to convey a sense of professionalism, neutrality, and technical expertise. Ability to combine new information and data with existing information and data to inform recommendations for future action. The Justice Management Institute 148 Franklin County Justice System Business Process Analysis Ability to apply individual and group problem-solving and decision-making processers to novel situations. Ability to establish and maintain effective working relationships as necessitated by work assignments.
Reasoning Ability: Ability to think independently, rationally, analytically, and critically. Ability to relate effectively to a variety of professionals and other individuals in a variety of contexts exercising considerable tact and courtesy. Ability to motivate self and others to pursue and accept change to the status quo, when appropriate. Ability to tactfully manage the concerns of policymakers who sometimes have competing priorities. Ability to empathically listen to others. Ability to maintain a systemic perspective of the justice system.
Work Environment:
Work for this position is performed primarily in a typical climate controlled office environment, where there is protection from weather conditions but not necessarily temperature changes. There is occasional travel outside of the office to attend meetings and training. Also this position has engagement with a variety of persons, including some with emotionally stressful situations.
Physical Demands: Sitting - Approximately greater than 2/3 of on-the-job-time. Standing/Walking Approximately less than 1/3 of the time. Weight Lifted/Forced Exerted Occasionally requires lifting objects up to 30 pounds. Including occasionally transporting and object, usually holding it in the hands or arms. Stooping, kneeling, crouching or crawling Approximately less than 1/3 of on-the-job-time. Use of hands to finger, handle or feel Approximately greater than 2/3 of on-the-job time. Talking or hearing Approximately greater than 2/3 of on-the-job time. Vision - Close vision (clear vision at 20 inches or less).
Certificates, Licenses, Registrations: Must possess and maintain a valid motor vehicle operators license and an acceptable driving record.
Supplemental Information:
Appointments will be conditional upon successful completion of pre-employment background checks. Attends national or local justice association conferences and national professional conferences.
NOTE: This job description is not intended to be all-inclusive. Employee may perform other related duties as negotiated to meet the ongoing needs of the organization.
Judge Mary Ann Grilli 2011 Statement of Economic Interests California Form 700: Judge Mary Ann Grilli Santa Clara County Superior Court - Presiding Judge Rise Jones Pinchon - Cleveland State Law Review: Socioeconomic Bias in the Judiciary - California Code of Judicial Ethics Canons 3B(5),(6), 3C(2)(5) Prohibiting Bias Based on Socioeconomic Status
California Judicial Branch News Service - Investigative Reporting Source Material & Story Ideas