Pretrial Services Department coming into clarity

A Pretrial Services Department, including a Public Defender Office (PDO), appears in the cards for Hays County in the near future.

Criminal Justice Coordinating Commission Co-Chairs and commissioner Lon Shell and Debbie Ingalsbe indicated during their meeting Wednesday that they would be working toward grant opportunities to fund such an endeavor, including the Texas Indigent Defense Commission’s PDO grant application, due May 7.

Pretrial Services and Indigent Defense Subcommittee Co-Chair Lisa Pacheco presented a basic framework for a Pretrial Services Department that would be separate from the Community Supervision and Corrections, or Adult Probation Department.

The proposals read that the vision, “includes a desire to expand pretrial services into a holistic division providing rehabilitative opportunities and supportive measures to those released from custody.”

If approved, the creation of a pretrial services department should enhance current systems aimed at fairness and due process, cost effectiveness, while also providing opportunities for review of cases prior to initial appearance and early case resolution opportunities, if deemed appropriate, according to the proposal. 

“I thought this was a really good starting point,” Shell said. “To make sure we have answered every question possible and developed a consensus for moving forward on that final plan; That is going to be a goal and a challenge for these upcoming months. To make sure we have done the best job we can do hear everybody’s opinions and views and understand that we’ve addressed those properly.”

The plan suggests hiring an executive director, pretrial bond supervision officers and an administrative assistant to start out. 

“There is a lot more flexibility in the types of things that this department could do that simply can’t be incorporated into what the community supervision and corrections can do,” said District Attorney Wes Mau, speaking to the restrictions that come with the state funded adult probation office. 

Planning ahead for the future, the pretrial services committee envisioned a department with a special focus on mental health services but would include employment enhancement, housing services, alcohol/drug rehabilitation and indigent defense. 

Neighborhood Defender Services of Texas (NDS) also presented the portion of the proposal for a comprehensive, holistic, client focused PDO and Managed Assigned Counsel Program that would be housed in the new department. 

They are planning for a small PDO with a staff of six attorneys that can handle around 414 felony and 717 misdemeanor cases each year; they estimate that to work out to 30% of felonies and 18% of misdemeanors filed annually in Hays County. 

The Managed Assigned Counsel Program would be larger and oversee 70% of felonies and 82% of misdemeanors that are assigned to appointed attorneys. 

NDS will provide investigation resources, social work resources and training. 

“In order to be your best self as an advocate or lawyer, you need to have a good foundation and good continued education and training,” NDS Executive Director Rick Jones said. “We have access to the best trainers in the county. We would be bringing those training resources to Hays County.”

Shell expects to give the commissioners court an update next week and get direction for the best way to move forward with the proposal, including applying for grants and creating a timeline. “My goal is to try and find solutions that will make a positive difference to our community,” he said. 

 “Of course, there are many details to work through, which includes having a discussion with the defense bar, however, I feel confident of our ability to meet certain deadlines,” Ingalsbe told the Daily Record.

In the meantime, the CJCC will work toward building a consensus across many stakeholders.