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Trends in Pretrial Release: State Legislation

"State laws play a crucial role in guiding judges and local officials in determining eligibility for pretrial release and the conditions thereof. Recent state legislation has increasingly focused on customizing the pretrial process, targeting specific defendants or offense categories. Between 2012 and 2014, 261 new laws across 47 states addressed various aspects of pretrial policy. This document offers an overview of these legislative developments, organized into sections covering pretrial legislation related to risk assessments, victim-specific procedures and conditions, pretrial services, and diversion programs. A chart illustrates the types of release conditions enacted, including financial, substance-related, electronic monitoring, victim protection, and other conditions. Additionally, a circle chart highlights the types of diversion programs addressed by states, such as drug, mental health, veteran, non-population-specific, human trafficking, and property crime programs."