HAGÅTÑA (The Guam Daily Post) — In the first seven months of the year, 89% of defendants on pretrial release were not arrested again.
On Tuesday morning, the Judiciary of Guam released a “Performance Snapshot” that showed data collected for all new cases filed from the start of the year until late July.
The report conducted by the Pretrial Services Office, a section of the Probation Services Division, showed that from the start of the year until July 20, 363 cases were filed. Of those, 141, or 38.8%, have been detained by the Department of Corrections, while 222, or 61.2%, were allowed supervised release.
Among those released defendants, 198, or 89%, have not been arrested again since being placed on release, while 24, or 11%, have.
Outcomes of the report also show five defendants, or 2% of the released population, have been arrested for violent crimes, and 38, or 17%, have been issued warrants after not appearing in court.
The Performance Snapshot, which is the first installment in a series of periodic updates on the Judiciary’s pretrial justice system, was a result of Chief Justice Robert Torres tasking the Pretrial Services Office with “tracking the performance and effectiveness” of the system.”
“Data is not just important, it’s essential. It provides us with insights on what works and what doesn’t and helps us make the most of taxpayer resources,” Torres stated in a press release.
“The information gathered during this period will aid the Pretrial Services Office and the Judiciary in assessing the effectiveness of the pretrial justice system while striking a balance between public safety and the rights of the defendants,” Torres concluded.
Attorney general report
The Judiciary’s snapshot comes after Attorney General Douglas Moylan has been releasing monthly reports, called the “Eagle Tracker: Catch, Release & Re-offend Report,” since entering office in January.
The Eagle Tracker, similar to the Performance Snapshot, gathers data relating to whether defendants are complying with their pretrial conditions. However, it differs from the Judiciary’s report in that it details violations of pretrial conditions, such as failing to report to probation or failing a drug test. Both reports, however, gather data regarding whether bench warrants were issued for failure to appear.
Additionally, the Performance Snapshot shows data only for those arrested on suspicion of violent crimes, while the AG’s data states how many defendants on release were charged with new crimes.
While the Judiciary’s report stated 89%, or 198 people, were not arrested while on pretrial release, as of July 20, data compiled by the Office of the Attorney General shows that as of July 31, 137 defendants have had violations and 38 have committed other crimes.
In the most recent Eagle Tracker report, for the month of July, Moylan said he believes after eight months of prosecuting crimes, “release conditions are not effectively stopping more crimes from occurring from these persons.”
Moylan also asked the Legislature to pass tougher laws to stem the increasing numbers.
“Nobody wants to be a victim,” Moylan stated in the report issued July 31. “These statistics are a sobering reminder of what happens when something needs to change in our pretrial release laws.”
Additional data
When asked about the additional data, Judiciary spokesperson Sarah Elmore-Hernandez explained Judiciary officials are in the process of expanding the data collection to “include factors related to technical violations, such as lack of transportation or means of communication.”
This additional data will help the Judiciary decide which policies and practices can be improved to enhance public safety while maintaining the rights of those awaiting case disposition.
According to Guam law, individuals charged shall be released pending trial and subject to conditions unless the judge determines that “such a release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community.”
Factors considered by judges include the nature of the offense, the possibility of conviction and the likely sentence. The history and characteristics of the person – including prior criminal record, drug or alcohol abuse history and past compliance with other court orders – also are considered.
The Guam Judicial Center in Hagåtña is shown July 27, 2023.
