Supreme Court creates committee on pretrial detention practices

TOPEKA—The Kansas Supreme Court has created an ad hoc committee to advise the court and help implement recommended changes in pretrial supervision and detention practices.
 
The Ad Hoc Criminal Pretrial Practices and Procedures Advisory Committee will implement recommendations made in late 2020 by the Ad Hoc Pretrial Justice Task Force.
 
The new 15-member committee is created by Supreme Court Administrative Order 2024-CM-099 signed today by Chief Justice Marla Luckert.
 
“Today we continue work the original task force started when it examined pretrial procedures in Kansas courts, with the intent to find balance between upholding the constitutional rights of a person charged with a crime and the need for public safety,” Luckert said. “We want to ensure defendants appear in court, but we must operate from a presumption of innocence and liberty, not from a presumption of guilt and preventive detention."
 
The task force, created in 2018, examined pretrial detention practices for criminal defendants in Kansas district courts. It also explored alternatives to pretrial detention used to ensure public safety and encourage the accused to appear for court proceedings.
 
Chief Judge Karen Arnold-Burger, Kansas Court of Appeals, chaired the task force and will serve in the same role for the committee.
 
“At the time of our research, we found that 53% of local jail inmates in Kansas had not yet been convicted of a crime,” Arnold-Burger said. “Nationally, also at that time, nearly two-thirds of people in jail were there awaiting trial and unable to pay bail or post a bond.”
 
 The task force report cited studies that show pretrial detention can be devastating for defendants. Americans who answered surveys on the topic said they believe the current system unjustly discriminates against the poor and deprives them of their liberties.
 
“Low-income and poor Kansans risk losing their jobs, homes, and families if they cannot afford bail or a bond,” Arnold-Burger said. “We must consider other options that respect defendants’ freedom and financial situation while also upholding public safety and ensuring they show up for court.”
 
The report pointed to surveys that indicate most Americans support:

• reducing pretrial incarceration except when necessary to protect the public;

• pretrial release for nonviolent and misdemeanor crimes; and

• pretrial release with orders to stay away from the victim or with pretrial supervision for low-level violent crimes.

About the committee
 
The committee is composed of judges, court services officers, attorneys, and community corrections officers. In addition to Arnold-Burger serving as chair, the Court of Appeals will be represented by Judge Jacy Hurst, who will serve as vice-chair
 
Other committee members are:

• District Judge Amy Hanley, 7th Judicial District

• District Magistrate Judge John McEntee, 10th Judicial District

• District Judge M. Jennifer Brunetti, 11th Judicial District

• District Magistrate Judge Ronald Sylvester, 30th Judicial District

• Spence Koehn, court services officer specialist, Office of Judicial Administration

• Bree Gibson, court services officer III, 10th Judicial District

• Stephanie Springer, chief court services officer, 27th Judicial District

• Kevin McGuffin, chief court services officer, 31st Judicial District

• Justin Barrett, defense attorney, Thomas County

• Heather Cessna, executive director, Kansas State Board of Indigents' Defense Services

• Sheriff Jeff Easter, Sedgwick County             

• Robert Sullivan, director, Johnson County Community Corrections        

• Todd Thompson, Leavenworth County Attorney

The committee will:

• develop an implementation plan for the best practice recommendations for pretrial procedures and conditions of release;

• create educational materials and programs related to pretrial practices and procedures;

• create and pilot statewide pretrial supervision standards;

• select and pilot an assessment tool for a pretrial supervision program;

• recommend best practices for data collection;

• recommend additional topics for consideration regarding pretrial practices.

 
Resources:
 
Supreme Court Ad Hoc Pretrial Justice Task Force
 
Executive summary of Pretrial Justice Task Force Report to the Kansas Supreme Court
 
Full Pretrial Justice Task Force Report to the Kansas Supreme Court