San Diego Pretrial Risk Assessment Tool

To Whom It May Concern:

Pursuant to the California Public Records Act (California Government Code §§ 6250), I hereby request the following records:

I wish to expect documents concerning the Pretrial Risk Assessment Tool used by the Superior Court, County of San Diego. In an October 2017 report, the California Pretrial Detention Reform Workgroup (commissioned by the California Judicial Council) listed this county as using COMPAS as a pretrial risk assessment tool. The report is available here (see page 101). If this county is not indeed using this tool, this request pertains to whatever tool the county is using as a pretrial risk assessment, if any.

http://www.courts.ca.gov/documents/PDRReport-20171023.pdf

This request is for:

1. The text of the tool used by the court in this county. Specifically, the questions asked in the risk assessment and the weight each factor is given in calculating a risk assessment score.

2. A copy of any validation studies conducted with respect to the risk assessment tool used in this county and a copy of any records pertaining to inquiries for the need of validation studies, or discussion of potential or actual validation studies. By “validation study,” I mean any study designed to assess how accurate the program is in predicting what it is supposed to predict, or to assess whether the program may err in the direction of either under- or overestimating likelihoods or predicted outcomes, or may produce any results that are biased or unexpected in any way.

3. A copy of any privacy impact assessments, use policies, standard operating procedures, data retention policies, legal opinions, warranties, non-disclosure agreements, contracts, liability waivers, insurance agreements, Requests for Proposals, Responses to Requests for Proposal, Memorandums of Understanding, Letters of Interest, usage policies, or informal agreements pertaining to this county’s use of pretrial risk assessment tools.

4. For the aspects of the assessment that require an input, for example, to compute a value, we request a copy of the the last six month's sets of outputs of the software (risk scores) in whatever their native format is. We also request the judicial recommendation (bail or released on recognizance) made in each of these cases, as well as the gender and race of each defendant. If these outputs include exempt information, we ask that you exempt only that information which is specifically exempted from law, and provide the other material.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Marissa Gerchick