Pretrial - Policy & Legislation
Pretrial Justice: The Colorado Story
"Over the last few years, Colorado has been working on statewide pretrial justice reform and seen incredible advancements in legislation, policy, and practice. This video chronicles their journey so far in working to establish safe, fair, and effective pretrial justice in the state."
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...
State Pretrial Release Legislation Database
This is the place to look for significant pretrial legislation enacted by states starting in 2012. You can search by topic, state, keyword, status (adopted, enacted, override pending, pending, and to governor), bill number, year, and author. Topics are: Bond Forfeiture and Conditions Violations; Budget, Oversight, and Administration; Citation in Lieu of Arrest; Commercial Bond Regulation; Conditions of Pretrial Release; Court Guidance for Release Determinations; Diversion Programs; Eligibility for Pretrial Release; Pretrial Services and Programs; Risk Assessment; Specialized Populations; and...
The Costs of Pretrial Justice
This "series of briefs which explore the costs of pretrial justice and how those costs can be effectively mitigated through risk-based decision making." "The Cost of Pretrial Justice: This brief highlights costs that local stakeholders should consider when developing pretrial policies and programs, outlines some of the trade-offs policy makers face when allocating scarce resources, and points to the need to apply cost-benefit analysis to pretrial decision making." "Pretrial Justice: Costs and Benefits for Local Government: This brief explains how...
CCCN LIVE National Forum Discussion [Webinar]
Objectives:
- highlight federal resources available to community corrections and criminal justice agencies; define service needs of justice-involved individuals;
- showcase a local example of collaboration and resources utilization-San Diego County Probation;
- and engage the criminal justice system in a live discussion about the resources available, how to access funding, receive technical assistance, and to motivate our leaders to want to do more.
Offices of the U.S. Attorneys: Pretrial Diversion Program
Pretrial diversion (PTD) is an alternative to prosecution which seeks to divert certain offenders from traditional criminal justice processing into a program of supervision and services administered by the U.S. Probation Service.
Strengthening Pretrial Justice: A Guide to the Effective Use of Indicators (2015)
The decision to detain a person before he is found guilty of a crime, whether made by an arresting office, prosecutor, or judicial officer, can have a severe, lasting, and adverse impact.
Building Gender Informed Practices at the Pretrial Stage (2016)
Generally speaking, risk assessments were created to address a predominantly male population. While gender neutral risk factors such as criminal, substance abuse, and failure to appear (FTA) histories are relevant for both male and female populations, we are learning that gender neutral tools may miss critical gender specific risk factors that, if addressed, can achieve more successful outcomes with justice involved women.
Era of Mass Expansion: Why State Officials Should Fight Jail Growth (2017)
It is our hope that this report will prompt detailed examinations of policy and practice in each state: bail policies, citation and arrest practices, overzealous prosecutors, over-burdened courts, harsh criminalization laws, rare or underfunded pre-trial services and diversion programs, and a number of other factors that send jail incarceration rates off the charts.
Out of Sight: The Growth of Jails in Rural America (2017)
As concern in the United States has grown over the number of people behind bars, policymakers and the public are turning their attention to addressing the decades-long growth in the number of people held in the country’s more than 3,000 locally run jails...
Determining the Meaning of a State’s Constitutional Right to Bail Clause for Purposes of the Uniform Pretrial Release and Detention Act
The Uniform Law Commission’s Uniform Pretrial Release and Detention Act(“UPRDA” or “the Act”) is already being considered by many American states as a significant improvement over the status quoin American bail. However, while the Act correctly recommends that states limit pretrial detention by enumerating “covered offenses,” which are those charges potentially detainable by law (what I call a “detention eligibility net”), it also instructs that if a state interprets its current constitutional right to bail not as a right to release, but merely as a right to have one’s bail “set,” that state may enumerate its list of covered offenses...