ICJJ Position Paper on Alameda County Pre-Trial Services

The Interfaith Coalition for Justice in Our Jails believes that a robust pretrial services program is an important part of reducing reliance on incarceration—a costly and ineffective response to social problems—and in promoting safety and welfare in Alameda County. 

BACKGROUND 

Since the passage of AB 74 in 2019, California has sought to “increase the safe and efficient release of arrestees before trial” using risk assessment tools and support services, including hiring pretrial navigators, automating court reminders, providing transportation to court appearances, and creating partnerships with service providers to address proximate causes of non-appearance, including homelessness and mental health issues. 

Alameda County’s Pretrial Program features in both the Reimagine Adult Justice (RAJ) and Care First, Jails Last (CFJL) county-wide initiatives.^1,2 With the aim of reducing pretrial detention and improving pretrial release outcomes—notably, reduced recidivism—RAJ Manager Wendy Still put forth a proposal to expand the capacity of the County Superior Court to case-manage individuals on own-recognizance, unsupervised pretrial release.^3,4 Key features included (1) a pretrial service referral system (in collaboration with Forensic Behavioral Health) to identify needs and establish service connections at the time of release; (2) reducing barriers to court appearances and service engagement (e.g., reminders, transportation, and child care); and (3) early and increased referrals to collaborative and diversion courts. The proposal was developed in collaboration with Cory Jacobs, manager of the Court Pretrial Program, with support from a pro bono technical assistance award from the Harvard Kennedy School Government Performance Lab.

In December 2024, the Board of Supervisors received the Court’s implementation plan for the pretrial service expansion, including a request for one-time funding over a two-year period to allow for program implementation and evaluation.⁵ Supervisors questioned the proposed one-time use of County AB 109 funds⁶ to support a court-based program and deferred a decision pending input from public safety partners. Six months later, despite urging by the Mental Health Advisory Board (MHAB) Care First Ad Hoc Committee to approve the Court’s proposal, the Board of Supervisors rejected it and asked the Probation Department to develop an alternative implementation and funding plan.⁷ 

The Probation Department has since applied for AB109 funds for a 1-year, sole-source contract with a local CBO for the case management services segment of the pretrial expansion plan. Scope and details have not been announced.

ICJJ CONCLUSIONS 

We strongly recommend the addition of a comprehensive, in-custody needs assessment for each potential recipient of pretrial services. The 2024 plan presupposed a robust Pretrial Service Referral System, in which the Forensic Behavioral Health team would conduct in-person assessments within 72 hours of booking. With appropriate confidentiality protections, the forensic team would work with court personnel to expedite referrals to treatment courts, initiate service plans and support-service referrals at the time of release, expedite pretrial release decisions, and support judges and attorneys in better understanding the services and resources required and available for each individual. As of this writing, Forensic Behavioral Health has ceased doing 72-hour in-person assessments. The Board of Supervisors should direct the Behavioral Health Department to find a way to restart these. 

Another crucial element of a pretrial services program must involve data gathering and the analysis of program goals and outcomes. Harvard University’s Government Performance Lab was advising the Superior Court pro bono. Their initial analysis reflected their enthusiasm for the proposed program.⁸ With or without Harvard, Alameda County should continue to measure and assess the reach and outcomes—including impact on county jail population size and cost savings of any pretrial services program. 

It is our position that the program designed under the auspices of the Alameda Superior Court was an exceptional opportunity for our county to reduce justice system involvement and social costs, improve the welfare of our vulnerable communities, and increase racial justice at no cost to public safety. We urge the Board of Supervisors to require that any future program be as robust. 

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¹ Reimagine Adult Justice Final Report, September 2023 

² Care First Task Force Final Report, June 2024 

³ March 2024 RAJ Update to Public Protection Committee; July 2024 RAJ Update to Public Protection Committee. 

⁴ Individuals whose releases are supervised by the County Probation Department are offered services through ACPD. The RAJ report also recommended increasing ACPD’s caseload capacity from 100 to 140.

⁵ Summary of Proposal to Expand Pretrial Services in Alameda Co., Superior Court of California, County  of Alameda.

⁶ AB 109 refers to public safety realignment legislation, which shifted the responsibility for providing rehabilitation services and supervising people with certain convictions from the state to the County. Organized under a structure administered by the Alameda County Probation Department, the County allocates funding provided by the state to provide reentry and other programs and services for eligible individuals.

⁷ Alameda Co. Board of Supervisors, December 17, 2024, Summary Action Minutes; Item 21.2.

⁸ Harvard Kennedy School Government Performance Lab Report, September 18, 2024.