El Dorado County Pretrial Services

SB 36 Pretrial Transparency Requirements Penal Code section 1320.35(d) (1) (A)

VPRAI-R: Weighted Risk Factor Scoring

Pursuant to SB36 Disclosure: The table of Risk Factors below provide the weighted line item scoring for each question.

Based on the odds ratio of each riskfactor's ability to independently predict the likelihood of any pretrial failure, each risk factor has been weighed to maximize predictive value of the VPRAI.

Risk Factors

VPRAI-R: Risk Level Based on Calculated Scores

Pursuant to SB36 Disclosure: The VPRAI-R score will identify their level of risk.

The defendant's total score on the VPRAI will identify their risk level.

Risk level

Virginia Pretrial Risk Assessment Instrument(PDF, 797KB)

VPRAI-R: Pretrial Supervision Assigned by Risk Level, Most Serious Charge, and FTA History

Pursuant to SB36 Disclosure: The VPRAI-R score provides the scoring summary called Risk Levels. Risk Levels in combination with the Most Serious Presenting

Charge and any previous Failure to Appears are the basis used to assign Pretrial Supervision.

Step 1: Complete the VPRAI-Revised to identify the risk level

Step 2: Examine all charges and identify the most serious charge category. The charge categories in priority order are:

  • Violent Felony / Firearm
  • Violent Misdemeanor
  • Non-Violent Felony
  • Driving under the influence
  • Non-Violent Misdemeanor

Step 3: Use the most serious charge category and the VPRAI-Revised risk level to identify where they intersect in the Praxis matrix (See table 27 below).
The bail status, pretrial services, and special condition values represent the preliminary recommendation.

Step 4: Determine if any of the current charges are for Failure to Appear.

  • If Yes, increase the preliminary recommendation by one level to identify the final recommendation.
  • Release = Release with Monitoring
  • Release with Monitoring = Release with Pretrial Supervision Level I
  • Release with Pretrial Supervision Level I = Release with Pretrial Supervision Level II
  • Release with Pretrial Supervision Level II = Release with Pretrial Supervision Level III
  • Release with Pretrial Supervision Level III = Detain
  • If No, the preliminary recommendation is the final recommendation.

Table 27 Praxis Matrix

Charge Category

Previous research led to the development of the differential supervision strategy of the Praxis, which involved four levels or pretrial monitoring and supervision as shown below.

Pretrial Monitoring (Note, less than supervision)

  • Court Date reminder for every court date
  • Criminal history check before court date

Pretrial Supervision Level I

  • Court date reminder for every court date
  • Criminal history check before court date
  • Face-to-face contact once a month
  • Special conditions compliance verification

Pretrial Supervision Level II

  • Court date reminder for every court date
  • Criminal history check before court date
  • Face-to-face contact every other week
  • Special conditions compliance verification

Pretrial Supervision Level III

  • Court date reminder for every court date
  • Criminal history check before court date
  • Face-to-face contact every other week
  • Alternative contact every other week (Telephone, e-mail, text, or others as approved liberally)
  • Special condition compliance verification

VPRAI-R: Validation Study

Pursuant to SB36 Disclosure: Any pretrial risk assessment tool used by a pretrial services agency shall be validated by January 1, 2021, and on a regular basis thereafter, but no less frequently than once every three years. A pretrial services agency may coordinate with the Judicial Council to validate a pretrial risk assessment tool.

As of May 2021, El Dorado County is not in a position to complete a validation study. SB36 allows El Dorado County (PC 1320.35, (2)) to reference a validation study from the Pretrial Pilot Program to fulfill the requirement for a validation study. Following is the link to the Pretrial Pilot Program Legislative Report – January 2021.

 

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