Since the beginning of the year, many Montezuma County defendants have been allowed to remain free pending trial with certain conditions set by the court
The pre-trial services program started Jan. 1 as a way to monitor people awaiting trial while not incarcerating them.
Will Furse, incoming district attorney for the 22nd Judicial District, believes the pre-trial program has benefits in helping aleveate the jails population as well as the defendants who otherwise would spend time in a cell.
The judge sets the conditions of the bond release, which usually involves some form of alcohol and drug testing, mental health assistance and sometimes a GPS ankle monitor bracelet.
The Secure Continuous Remote Alcohol Monitoring (SCRAM) bracelets, which is one bracelet used in the county, attach to an individuals ankle to look for the presence of alcohol through sweat by way of a computer program. SCRAM bracelet programs are a form of continuous alcohol monitoring with the benefit of not requiring frequent in-person visits to test for alcohol use.
Naturally, people who are monitored are more likely to come to court, Furse said. I do think it is another tool we can use to ensure a persons sobriety.
Both Furse and Montezuma County Sheriff Dennis Spruell agree that money set aside for bail is not enough to convince some defendants to return to court for trials or dispositions.
The future DA said it often is not hard for defendants to make bail by using a bondsman or having family put up the money this prompts many to not show up for court since it will not directly affect their pocketbooks.
Its not the defendant who puts up the money, he said. Money is not the (main) factor of getting a defendant back to court. He added that some defendants will come up with the bail money on their own without any assistance.
Furse said drug addicts facing charges are not used to changing their schedules to accommodate the court on the days that were scheduled by the court.
He said the county has not had a history of pre-trial services.
Its an important part of the whole process, Furse said, and added a person bonding out of jail with no supervision will likely go back to the behavior that put them in jail.
Violation of bond conditions, he said, gives the DA the authority to file charges on the violations, and a conviction on these would result in mandatory jail or prison time.
Pre-trial services assist in ensuring they are compliant, he said. Pre-trial services does provide a legal means to supervise and monitor. Its another tool to provide services to the community and defendant.
Furse said the conditions should not only include alcohol and drug testing but treatment as well, though he conceded that would be quite expensive.
Furse, who was a defense attorney before winning the Republican primary for DA, said more often than not defendants are not happy with the disruptions that will come with the conditions the court imposes. He added these disruptions are minor when the alternative is jail time.
Furse, who will take over the DAs position in January, said he would like to see data to determine how successful pre-trial services were in 2012 to find out what is working and what is not before deciding what to do.
michaelm@cortezjournal.com
