This report represents a number of firsts. It is the first validated pre-trial risk assessment developed in the State of Maine. It is the first in-depth study of a sample of inmates at a Maine correctional facility. It is one of very few pre-trial risk assessments that includes both protective and risk factors. And it is the first phase of a larger initiative we hope will be expanded to other counties across the state.

In the last few years, numerous organizations, including the American Bar Association and the National Institute of Justice, have issued strong recommendations about the need to adopt risk assessment tools in pre-trial decisions. These classification instruments at the pre-trial stage are designed to identify arrestees who are more likely to be a danger to the community and less likely to appear in court.

In the fall of 2009, Two Bridges Regional Jail, Volunteers of America and the University of Southern Maine, Muskie School of Public Service were awarded a grant from the Bureau of Justice Assistance to develop and implement a pre-trial risk assessment tool that would be specifically validated for use in Sagadahoc, Lincoln and Waldo counties in Maine. This is the first such tool to be developed specifically for use in facilities in Maine.

The goal of the Pre-Trial Risk Assessment Pilot Study was to improve the pre-trial case processing system by using the developed risk assessment tool to provide the Judiciary, Prosecutors Office and the Defense Bar with accurate, validated information about a defendant’s risk of violating conditions of bail or failure to appear for court. By having this information available at the time of arraignment, the parties would be better able to make informed decisions about bail conditions thereby reducing the number of higher-risk defendants released while awaiting trial, and reducing the number of low-risk defendants being held in jail while on pre-trial status.

Our research revealed that few pre-trial programs rely on objective criteria when making bail recommendations. Of those who do, 39 percent adopt a classification scheme from another district, while only 25 percent report developing it by using data from their own jurisdiction. Research suggests that risk assessment tools should be piloted and validated within the jurisdiction where the tool is being implemented so that it can successfully predict the outcomes for the population that is being served.

In order to develop our instrument, three full-time pre-trial screeners were hired to collect specific information on every new arrestee (580 offenders) that was brought to the Two Bridges Regional Jail between January and July, 2010. These defendants were then tracked over the following six months to determine if they had either violated the conditions of their release or failed to appear for their court hearing. Subsequently, the follow up data was analyzed to determine which variables were the best predictors of violation or failure to appear. Items that were identified as significant were combined into a draft pre-trial risk assessment instrument. We then validated this data, using a second round of analyses. Based on our research, we found that our tool was found to have good predictive validity for a population of adult defendants.

This report presents details about the process we used, our findings and recommendations for both the use of the tool and for future actions based on the lessons we learned and the data we collected and analyzed. We consider it Phase One of an initiative to gather and assess data related to our inmate population in Maine which will better help us determine risk to the larger community, reduce costs and develop the most appropriate intervention for our particular populations.