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Date Title Type
Document 032716
Analyzing Bond Supervision Survey Data: The Effects of Pretrial Detention on Self-Reported Outcomes
By Holsinger, Alexander M.. U.S. Bureau of Justice Assistance (Washington, DC). Crime and Justice Institute (CJI) (Boston, MA).
This study's aim is to "shed more light on what the impact of pretrial detention may be on several non-Criminal Justice related outcomes. If we can gain a better understanding of the effects of pretrial detention, even detention for relatively short periods (e.g., less than three days), policy regarding risk-based decisions can be informed. Likewise there is benefit in further examining the “more than” vs. “less than” three days of pretrial incarceration in light of recent research that has alre... Read More

19 pages
Document 032719
Pretrial Justice: How to Maximize Public Safety, Court Appearance and Release [Internet Broadcast]
By Green, Katie; Eville, Lori; Boatner, Peter L.; Johnson, Susan (Suzi); Kennedy, Spurgeon; Moore, Leland J.; O’Connor, Tom; Rose, Ken; Schnacke, Timothy; Zeerip, Bo A.. National Institute of Corrections (NIC) (Washington, DC).
“The history of bail and the law intertwined with [this] history tell us that the three goals underlying the bail process are to maximize release while simultaneously maximizing court appearance and public safety.” -- Timothy R. Schnacke, Fundamentals of Bail Courts in the United States process millions of criminal cases annually. Each requires a judicial officer to determine the conditions of a defendant’s release pending adjudication—bail. Bail determination is one of the most important dec... Read More

180 minutes
Document 031395
A Cycle of Incarceration: Prison, Debt, and Bail Practices [Webinar]
The White House (Washington, DC); U.S. Dept. of Justice (Washington, DC).
"Building on the Administration¹s commitment to criminal justice reform, the convening will bring together federal officials, state legislators and judges, advocates and academics to discuss criminal justice system practices that too often contribute to the cycle of poverty and create significant barriers to reentry. Co-hosted by the Department of Justice, the convening will provide a collaborative environment to discuss and share ideas on how State and local stakeholders across the United State... Read More

73 minutes (edited version)|459 minutes (unedited version)
Document 031394
Fines, Fees, and Bail: Payments in the Criminal Justice System That Disproportionately Impact the Poor
U.S. Executive Office of the President. Council of Economic Advisers (CEA) (Washington, DC).
"As the use of fixed monetary penalties has increased, many observers have raised concerns about the equity, legality and efficiency of these regressive payments. At the same time, meaningful reforms could increase equity without sacrificing deterrent impacts of these payments or the goal of supporting criminal justice operations … [This document examines] the use and impact of fines, fees and bail, and highlight[s] potential options for reform" (p. 2). Sections cover: what fines, fees, and bail... Read More

12 pages
Document 029736
Medical Problems Of State And Federal Prisoners And Jail Inmates, 2011-12
By Berzofsky, Marcus; Maruschak, Laura M.; Unangst, Jennifer. U.S. Bureau of Justice Statistics (BJS) (Washington, DC).
This report "[p]resents the prevalence of medical problems among state and federal prisoners and jail inmates, highlighting differences in rates of chronic conditions and infectious diseases by demographic characteristic. The report describes health care services and treatment received by prisoners and jail inmates with health problems, including doctor's visits, use of prescription medication, and other types of treatment. It also explains reasons why inmates with health problems were not recei... Read More
23 pages
Document 028360
Fundamentals of Bail: A Resource Guide for Pretrial Practitioners and a Framework for American Pretrial Reform
By Schnacke, Timothy R.. NIC-13CS02GK04. National Institute of Corrections (NIC) (Washington, DC).
"Pretrial justice requires that those seeking it be consistent with both their vision and with the concept of pretrial best practices, and this document is designed to help further that goal. It can be used as a resource guide, giving readers a basic understanding of the key areas of bail and the criminal pretrial process and then listing key documents and resources necessary to adopt a uniform working knowledge of legal and evidence-based practices in the field. Hopefully, however, this documen... Read More

119 pages
Document 029517
Money as a Criminal Justice Stakeholder: The Judge’s Decision to Release or Detain a Defendant Pretrial
By Schnacke, Timothy R.. NIC-13CS02GK04. National Institute of Corrections (NIC) (Washington, DC).
"The future of pretrial justice in America will come partly from our deliberative focus on our judges’ decisions to release or detain a criminal defendant pretrial and from our questioning of whether our current constitutional and statutory bail schemes are either helping or hindering those decisions … we recognize that we also need a fair and transparent scheme allowing the preventive detention of higher risk defendants without "bail," or judges will continue to be forced to use money to accomp... Read More

66 pages
Document 029649
Pretrial Services: An Effective Alternative to Monetary Bail
By Lam, Courtney. Center on Juvenile and Criminal Justice (CJCJ) (New York, NY).
"In an attempt to reduce jail overcrowding, attention is turning to the 63 percent of people held in county jails who have not been convicted of a crime. Many of these people are waiting for their day in court in jail — not because they pose a risk to public safety, but simply because they cannot afford to post bail … This publication examines the challenges of relying on a monetary bail system and highlights existing solutions, such as pretrial services, that save money, reduce racial dispariti... Read More
7 pages
Document 029734
Best Practices in Bond Setting: Colorado’s New Pretrial Bail Law|Revised edition
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
83 pages
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 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 029650
Rational and Transparent Bail Decision Making: Moving from a Cash-Based to a Risk-Based Process
Pretrial Justice Institute (PJI); John D. and Catherine T. MacArthur Foundation (Chicago, IL).
"This White Paper takes the position that most of the money spent to house defendants who cannot post a bond is unnecessary to achieve the purposes of bond – to protect the safety of the community while the defendant’s case is pending, and to assure the appearance of the defendant in court. With local jurisdictions laying off teachers, police officers and firefighters and cutting back on vital services because they do not have the money to pay them, this waste of money is unconscionable" (p. 1-2... Read More
44 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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