Youngstown municipal court using pretrial diversion program
By JOE GORMAN
jgorman@vindy.com
YOUNGSTOWN
David Magura of the city municipal court’s Probation Department and Judge Carla Baldwin say the trial run of the pretrial diversion program the court adapted for 2019 worked better than hoped.
Magura said the program was given a test run during the later months of 2018.
Workers screen defendants who are jailed to be arraigned in the court for misdemeanors or nonviolent felonies to determine what kind of bond they should receive, as well as what types of services they need while their case makes it through the court system.
Of those arraigned, just one person failed to show up for their follow-up court appearance, Magura said.
Judge Baldwin said the program is part of efforts by the Ohio Supreme Court to reform the bond system in the state, and it was emphasized when she received judge’s training before taking the bench in 2018.
Under the program, workers at the jail ask a series of questions to defendants based on questions recommended by the state. The questions gauge whether the person needs treatment for addiction or mental health issues, if they would be a risk to the community or if they need other help.
Defendants are not asked any questions about the case they are jailed on because they have a Fifth Amendment right not to talk about their case, Judge Baldwin said. Instead, they are asked questions about their employment and family history and if they have any mental health or drug issues.
The results are then included in a report sent to the judge or magistrate who arraigns the defendant. They can use it as a guide in their decisions on bond amounts as well as to order them to begin treatment or programs as they await their next court hearing.
Judge Baldwin stressed that the program is for nonviolent felonies or misdemeanors. She said a judge can also override the report’s recommendations if there is a need to do so.
The city uses two workers from the Community Corrections Association who perform the program under a state grant. There is someone in the jail seven days a week to perform the assessments, Magura said.
Judge Baldwin said the advantage of doing the assessments before arraignments is it allows defendants to receive help earlier in the process. Magura said sometimes it could take months for someone with a drug problem to be ordered to undergo an assessment or treatment before their case makes it that far, but with the order coming so early in the process, they can begin getting treatment earlier.
“Instead of getting two or three weeks, this person gets help now,” Magura said.
Typically, a prosecutor at arraignments gives a judge a defendant’s criminal history, but not the other factors that the assessment covers, Judge Baldwin said.
“Now, everyone at the table knows what we’re dealing with,” Judge Baldwin said.
Judge Baldwin said the goal isn’t to put everyone in jail, but to make sure the right people are in jail and that others get the help they need so they are not in court again. She said the assessment is a good tool to help judges decide what to do when making decisions on bond.
“I’m not just going with a feeling or my gut,” Judge Baldwin said.