TDCJ-CJAD Data Manual - Texas Department of Criminal Justice

Page 6 of 15PRETRIAL CASESWhen a pretrial diversion case transfers to another jurisdiction, do they stay under the statusof pretrial diversion or do they go to “Transfer-out” status? If a pretrial diversion case isreceived from another county, where are they counted on the MCSCR?Since pretrial diversion cases are not actual probation cases, they cannot be recorded undersections of the MCSCR referring to probation supervision, placements, and terminations.Pretrial cases should only be recorded under Pretrial Services (Section I.C.), Pretrial ServicesPlacements (Section II.A.5), and Pretrial Terminations (Section II.B.1.i).There are no provisions in the MCSCR reporting procedures for transferring pretrial cases.These cases cannot be counted as “transferred-out” or “transferred-in” because they are notactual community supervision or deferred adjudication cases. Therefore, pretrial cases arelimited to placements and terminations (with no explanation needed for the reason fortermination).When the CSCD begins providing supervision to a pretrial case (due to court order, agreementwith another jurisdiction, etc.) the case should be counted as a pretrial services placement. Apretrial supervision or pretrial diversion case should be counted on the MCSCR as terminatedwhen the case is either closed, moved to direct supervision, or supervision is no longer beingprovided by the CSCD. In order to count a pretrial case, supervision must be maintained by theCSCD. If no supervision agreement is in place, then the individual cannot be considered to beunder pretrial supervision by the CSCD.Departments have asked what to do if the person being terminated from pretrial also has asimultaneous active case.This situation should not occur. An individual should be carried on the most serious statusapplicable, but not in two categories at once. In this example, the individual should have beencarried as a direct probationer, not as a pretrial participant.An offender is being supervised on felony pretrial supervision in one cause and that cause isterminated on December 18. The offender received a misdemeanor adjudicated probation onDecember 5. How should this be counted?This offender should be reported as a misdemeanor Subsequent Supervision Placement withinthe CSCD (Item II.A.2) and as receiving Direct misdemeanor supervision under the End ofMonth Supervision Status section (Item I.A.1-4, as appropriate). The offender should NOT becounted as a pretrial felony termination since he/she was never off supervision.An offender has two cases: 1 direct and 1 pretrial. The direct case terminates and the offenderis now only being carried as pretrial. Should this offender now be added as a pretrialplacement?Per the MCSCR instructions for Pretrial Services Placements, “persons currently undersupervision can not be added again.” So the offender’s status should be changed from direct(Item I.A.) to pretrial (Item I.C.), but he/she should not be counted as an additional placement.- 28 ­