County creating pretrial release program

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GREENFIELD — Hancock County is in the initial stages of implementing a pretrial release program that would screen low-risk offenders after their arrest.

The idea stems from a pilot program underway in 11 Indiana counties, Hancock County Superior Court II Judge Dan Marshall said. The Hancock County Council approved to hire a pretrial release officer for the program at a cost of $27,000 for 2018 and $65,000 next year. That cost includes salary and benefits. Marshall said the county will hire the officer as soon as they find the best candidate for the job.

Since the program is in its infancy, Marshall said the county hasn’t developed specific protocols. Generally speaking, after a person is arrested and before they post bond, the officer will review the offender’s case and determine if they should be released without bond, released on certain conditions, have provisions on a bond or another recommendation, Marshall said. Those who are released are expected to show for trial.

It’s also yet to be determined on which inmates would be screened, Marshall said. In most of the pilot counties, the pretrial program officials screen low-level inmates.

The pilot program, Marshal said, has been a “moving target” depending on the county. Marshall said the initiative is meant to make sure the appropriate persons remain in jail while others who fit the program are released before their trial or given some sort of restriction as they wait for trial.

“It’s having the right people in the right place,” he said.

The Indiana Supreme Court in 2016 issued Criminal Rule 26, which states, “If an arrestee does not present a substantial risk of flight or danger to self or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court.”

Offenders cannot be released through the program if they are charged with murder or treason, the rule states, or are already on pretrial release, probation, parole or community supervision.

The 11 pilot programs, which include Hamilton, Hendricks and Grant counties, use an evidence-based risk assessment approved by the Indiana Office of Court Services. Indiana Gov. Eric Holcomb signed a bill in 2017 asking all Indiana courts to adopt the assessment by 2020, according to the Indianapolis Star.

In Grant County, different county judges hear the cases of arrestees awaiting pretrial along with the person’s public defender, a prosecutor and the pretrial service officer, according to an article in the Marion Chronicle-Tribune. Both sides will then determine if the person should be released or given some restriction based on the assessment results.