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Date Title Type
Document 028047
“Give Us Free”: Addressing Racial Disparities in Bail Determinations
By Jones, Cynthia E..
“This article considers racial disparities that occur nationally in the bail determination process, due in large part to the lack of uniformity, resources, and information provided to officials in bail proceedings. It argues that the almost unbridled decision making power afforded to bail officials is often influenced by improper considerations such as the defendant’s financial resources or the race of the defendant. As a result of these failures, the bail determination process has resulted not ... Read More
44 pages
Document 027572
Colorado Pretrial Assessment Tool (CPAT): Administration, Scoring, and Reporting Manual, Version 1
By Taylor, Bryan. U.S. Bureau of Justice Assistance (BJA) (Washington, DC). Pretrial Justice Institute (PJI) Washington, DC).
The Colorado Pretrial Assessment Tool (CPAT) “is an empirically derived multi-jurisdiction pretrial risk assessment instrument for use in Colorado. It is designed to improve the various pretrial assessment processes that exist in local Colorado jurisdictions … The purpose of a pretrial risk assessment protocol that includes the CPAT is to enable Colorado pretrial services agencies’ recommendations for bond conditions, the court’s ordering of bond conditions, and/or the agency’s pretrial supervis... Read More
13 pages
Document 028426
Best Practices in Bond Setting: Colorado’s New Pretrial Bail Law
By Schnacke, Timothy R.. Center for Legal and Evidence-Based Practices (CLEBP) (Golden, CO).
Colorado's new pretrial bail law, H.B. 13-1236, "represents an important step forward in Colorado pretrial justice as well as significant movement toward creating a model bail statute; the process used to create it, and even the compromises contained therein, may also serve as a template for other states struggling to address global issues in bail reform. This article summarizes the new law, factors and events leading to its creation, and the research behind the CCJJ’s recommendations underlying... Read More

63 pages
Document 028177
Bail Reform Update, 2013
By Bradford, Spike. Justice Policy Institute (JPI) (Washington, DC).
This brief presents information regarding pretrial and bail reform during 2013. Sections of this publication address: legislative activity; bail bond industry balks at attempts to collect forfeitures; some jurisdictions utilize pretrial services to ease jail crowding; corrupt bondsmen; and recommendations. "Overall, most jurisdictions continue to rely on money instead of scientifically measured public safety risk when it comes to pretrial release decisions. That practice, shown time and again to... Read More
3 pages
Document 027188
Justice in the Shadowlands: Pretrial Detention, Punishment, & the Sixth Amendment
By Appleman, Laura I..
“This Article argues that the spirit of the Sixth Amendment jury trial right might apply to many pretrial detainees, due to both the punishment-like conditions of their incarceration and the unfair procedures surrounding bail grants, denials and revocations” (p. 1297). This article is comprised of the following sections: introduction—diplomats, detention, and punishment; pretrial detention as punishment; a short history of bailing and jailing; preventative detention, future dangerousness, and th... Read More
74 pages
Document 026523
Bail Fail: Why the U.S. Should End the Practice of Using Money for Bail
By Neal, Melissa. Justice Policy Institute (Washington, DC).
Reasons for eliminating the ubiquitous use of bail as the primary instrument for pretrial release in the United States are explained. This report is divided into six parts: introduction; background and context—the general pretrial process; the use of money bail; money bail’s effects on the judicial process; effective alternatives to money bail; and recommendations. “There is no reason to continue the practice of requiring money in order to be released while waiting for a case to be resolved … Co... Read More
56 pages
Document 026561
For Better or For Profit: How the Bail Bonding Industry Stands in the Way of Fair and Effective Pretrial Justice
Justice Policy Institute (Washington, DC).
The need for the U.S. to put an end to for-profit bail bonding while increasing pretrial services is examined. This report is divided into nine parts: introduction; history and context; how bail bonding works; for-profit bail bondsmen are not criminal justice professionals; political influence keeps bail bondsmen in business; by its very nation, for-profit bail is ripe for corruption and abuse; alternatives to for-profit bail bonding exist and effective; and recommendations. 'There are proven al... Read More
57 pages
Document 026565
Advances in Juvenile Justice Reform: 2009-2011
John D. and Catherine T. MacArthur Foundation. Models for Change (Chicago, IL). National Juvenile Justice Network (NJJN) (Washington, DC).
This 'document includes a wide array of youth justice reforms from across the country: significant new laws, administrative rule and practice changes, positive court decisions, and promising commissions and studies'. Reforms are organized according to these issue areas: Adjudication and Sentencing; Alternatives to Detention and Youth Prisons; Competency; Conditions of Confinement; Confidentiality and Expungement; Disproportionate Minority Contact (DMC); Facility Closures and Downsizing; Gangs; G... Read More
66 pages
Document 025425
Glossary of Terms and Phrases Relating to Bail and the Pretrial Release or Detention Decision
By Schnacke, Timothy R.; Jones, Michael R.; Brooker, Claire M.B.. Pretrial Justice Institute (PJI) (Washington, DC).
This “glossary of terms and phrases has been written to provide current definitions, in context, and with historical references as needed, to clarify a comprehensive set of common terms relating to bail and the pretrial release and detention decision” (p. 1).... Read More
30 pages
Document 025209
National Symposium on Pretrial Justice
U.S. Dept. of Justice. Office of Justice Programs (Washington, DC); Pretrial Justice Institute (Washington, DC).
This website provides access to materials associated with the National Symposium on Pretrial Justice. “Conference participants examined how far the country has come and how far we have to go to achieve safe and fair pretrial release and diversion practices in our communities.” Points of entry include meeting materials, press kit, and the Symposium Report. Meeting materials from this conference are organized into the following areas: welcome and opening remarks; 1964 National Conference on Bail a... Read More
Document 025163
The Third Generation of Bail Reform
By Schnacke, Timothy R.; Brooker, Claire M.B.; Jones, Michael R..
The third generation of bail “aims primarily to reduce the deleterious effects of money at bail and to focus more on transparent and rational processes, such as assessment and supervision to address a particular defendant’s pretrial risk” (p. 1-2). This article discusses: individuals discomfort with bail and comfort with evidence-based change; demonstration of bail’s deficiencies by current research; the changing attitude of the public to crime and incarceration; strategies needed to reduce cost... Read More
5 pages
Document 025424
Responses to Claims about Money Bail for Criminal Justice Decision-Makers
Pretrial Justice Institute (PJI) (Washington, DC).
Twenty-three misperceptions about money bail are corrected. This publication can “be used to help these decision-makers respond to possible claims and/or questions, primarily about the use of money bail and commercial bail bondsmen, by bail bondsmen, the public, the media, and others in the justice system” (p. 3).... Read More
45 pages
Document 024713
The History of Bail and Pretrial Release
By Schnacke, Timothy R.; Jones, Michael R.; Brooker, Claire M.B.. Pretrial Justice Institute (PJI) (Washington, DC).
The “following history of bail suggests that as our ability to predict a defendant’s pretrial conduct becomes more accurate, our need for reforming how bail is administered will initially be great, and then should diminish over time” (p. 1.) Sections of this report are: introduction; Anglo-Saxon roots; the Norman Conquest to 1700; bail in the U.S.; the practical administration of bail in England and America; the rise of commercial money bail bondsman; Stack v. Boyle and Carlson V. Landon; empiri... Read More
27 pages
Document 024787
Making Bail in New York City
By Phillips, Mary T.. New York City Criminal Justice Agency, Inc. (New York, NY).
The role of commercial bonds in the process of posting bail is examined. Topics covered include: bail-making options; fees for making bail by cash vs. bond; prevalence of bonds in bail making; factors associated with posting a bond rather than cash; supplementary information about bonds; comparative costs; time to release; discussion; and policy implications. It takes longer to post a bond than to post cash.... Read More
8 pages
Document 023359
Legal and Evidence Based Practices: Application of Legal Principles, Laws, and Research to the Field of Pretrial Services
By VanNostrand, Marie. National Institute of Corrections. Community Corrections Division (Washington, DC). Luminosity, Inc. (St. Petersburg, FL); Crime and Justice Institute (Boston, MA); National Institute of Corrections. Community Corrections Division (Washington, DC).
"[C]ritical legal principles applicable to defendants during the pretrial stage" are covered (p.3). Sections of this paper are: introduction and background; pretrial legal foundation -- presumption of innocence, right to counsel, right against self-incrimination, right to due process of law, right to equal protection under the law, right to bail that is not excessive, and summary of legal principles; evidence-based practices in pretrial services and community corrections; and summary and conclu... Read More
33 p.
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