Washington County Has Talked About Pretrial Services for Years. It’s Time to Move Forward.

At the June 1 County Services Committee meeting, the Washington County Quorum Court returned to a topic that’s been before the county for years: whether Washington County should create a pretrial services program.

I want to thank JP Rivera Lopez of Springdale for bringing this proposal forward. I was encouraged by the discussion. This issue has been part of a years-long conversation about how to deal with jail overcrowding, make sure the accused appear in court, and protect public safety.

What Pretrial Services Would Do

Pretrial services are used after someone is arrested and before their case is resolved. A local program can help assess whether a person is likely to appear in court. It can also provide reminders, case management, and, when ordered by the court, supervision in the community.

That kind of program can help the county reserve limited and expensive jail space for people who need to be held, such as those accused of violent crimes, while helping lower-risk defendants appear in court.

The History Behind This Proposal

This conversation goes back at least seven years.

In 2019, former Sheriff Tim Helder came to the Quorum Court with serious concerns about jail overcrowding. One possible answer at the time was to expand the jail. Instead, the Quorum Court chose to take a closer look at the county’s criminal justice system before making a decision.

That led to the 2020 Washington County Criminal Justice System Assessment by the National Center for State Courts. The report found that Washington County’s jail population was being driven largely by people being held before trial. It recommended several changes, including pretrial support, case management, validated assessment tools, and supervision for medium-risk defendants awaiting trial in the community.

The conclusion was clear: Washington County needed to improve the whole justice system, not just add more beds to the jail.

Years of Jail Overcrowding Debate

Since then, the county has returned to the issue of jail overcrowding again and again.

In November 2022, voters rejected a ballot measure that would have hiked county sales taxes to drastically expand the jail with about 230 beds. However, the following month after that plan was rejected, a majority of the Quorum Court voted to use nearly $19 million in federal American Rescue Plan Act funds for a smaller jail expansion. I voted against this in part because I believed the federal rules made it clear that ARPA funds couldn’t be used for this purpose, and that we were putting ourselves at risk for a lawsuit or a federal clawback.

Meanwhile, the county also formed a Criminal Justice Coordinating Committee. It included stakeholders from law enforcement, the courts, prosecutors, public defenders, service providers, and other parts of the county's justice system. In September 2023, its members voted unanimously to move forward with a pretrial services pilot program and send it to the Quorum Court for a vote. However, Judge Deakins suspended the committee the following month, and the pilot program never saw the light of day.

Back Before the Quorum Court

During our meeting this month, I asked Sheriff Jay Cantrell about that earlier effort. He remembered that the committee had talked about an assessment tool to help measure whether a person was likely to appear in court. That’s very similar to what we’re considering today. Many of the same stakeholders who supported it in 2023 are still in the same positions today.

I’ve supported pretrial services throughout my six years on the Quorum Court because I believe it’s a practical step Washington County can take to improve the justice system. It’s also a responsible use of taxpayer dollars.

People accused of crimes still have to come to court. The jail needs to use its limited resources for people who truly need to be held. Victims and the public deserve a system that takes safety seriously. A well-designed pretrial services program can help with all of those goals.

A Chance to Move Forward

This issue also appears likely to continue beyond the current election cycle. Both candidates for Washington County Judge, Democrat Dana Deree and Republican Tim Shepard, have expressed support for exploring some form of expanded pretrial services. That creates an opportunity for the Quorum Court to keep moving forward, even before the November election.

Sheriff Cantrell also made an important point during the discussion: the details have to be worked through carefully. I agree. Washington County should build a program that fits Washington County. That means clear structure, the right assessment tools, proper staffing, cooperation with the courts, and regular review to see whether the program is working.

The June 1 discussion ended without final action, but it moved the issue forward.

After years of studies, committee work, jail expansion debates, and stalled efforts, Washington County has another chance to create a practical pretrial services program. We should take that chance, work through the details, and move this across the finish line.