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VanNostrand, Marie

"Although the use of pretrial risk assessments has increased in recent years, the proportion of jurisdictions employing these instruments remains low, and is estimated to be no more than 10%. This low adoption rate is due in large part to the fact that existing risk assessments require that information be collected through interviews with defendants. Conducting these interviews and verifying the information is a time-consuming and resource-intensive process that many jurisdictions cannot afford" (p. 3). There were only eight multi-jurisdictional pretrial risk-assessments being used in 2012, all of which depended on defendant interviews. The foundation for an effective non-interview-based risk assessment was the Kentucky Pretrial Risk Assessment (KPRA), an objective instrument comprised of 12 risk factors, some of which were interview-based. The validated assessment was the KPRA-S, a seven risk factor assessment. The KPRA-S was found to accurately determine low-, moderate-, and high-risk defendants. The assessment was also found to predict those individuals prone to fail to appear (FTA) or commit new criminal activity (NCA) as well as the KPRA.

Assessing Pretrial Risk without a Defendant Interview Cover

"The current study seeks to investigate the effect of pretrial supervision on the likelihood of failure to appear (FTA) and new criminal activity (NCA) before case disposition. First, drawing on data from two states, this research isolates two groups of defendants: those released pending case disposition with supervision and those released without supervision. Second, this research compares the two groups across several descriptive factors regarding likelihood of FTA and NCA while in the community pending case disposition" (p. 3). Sections following an executive summary include: introduction; sample description; and findings regarding the impact of pretrial supervision on the likelihood of FTA and NCA while awaiting case disposition. When moderate- and high-risk defendants had pretrial supervision they were 33% less likely not to appear in court, while all those defendants who were supervised for 180 days or more were 36% less likely to be re-arrested for new offenses.

Exploring the Impact of Supervision on Pretrial Outcomes cover

"Each time a person is arrested and accused of a crime, a decision must be made as to whether the accused person, known as the defendant, will be detained in jail awaiting trial or will be released back into the community. But pretrial detention is not simply an either-or proposition; many defendants are held for a number of days before being released at some point before their trial. The release-and-detention decision takes into account a number of different concerns, including protecting the community, the need for defendants to appear in court, and upholding the legal and constitutional rights afforded to accused persons awaiting trial. It carries enormous consequences not only for the defendant but also for the safety of the community" (p. 3). This study examines the relationship between pretrial detention and sentencing. Sections following an executive summary include: introduction; sample description; and findings for eight research questions regarding the relations between pretrial detention and sentencing. Defendants who are detained for the entire pretrial period are three times more likely to be sentenced to jail or prison and to receive longer jail and prison sentences.

Investigating the Impact of Pretrial Detention on Sentencing Outcomes cover

"[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 conclusions.

Legal and Evidence Based Practice cover

The identification of “federal criminal defendants who are most suited for pretrial release without jeopardizing the integrity of the judicial process or the safety of the community, in particular release predicated on participation in an alternatives to detention program” is investigated. Sections following an executive summary include: introduction; population description; research objective one -- pretrial risk classification; research objective two -- risk levels, release and detention rates, and pretrial failure rates; research objective three -- alternatives to detention, risk levels, and pretrial failure; research objective four -- efficacy of the alternatives to detention program; research objective five -- current risk assessment practices; and research objective six -- best practices for pretrial risk assessment and recommendations.

Pretrial Risk Assessment in the Federal Court for the Purpose of Expanding the Use of Alternatives to Detention Cover

Anyone needing to know what legal issues impact pretrial release or what supervision strategies will lead to more effective pretrial release practices should read this report. Sections of this document include: introduction; pretrial legal questions—“blanket” pretrial release condition, drug testing release condition, treatment and assessment release condition, Alcoholics Anonymous/12-Step meetings release condition, pretrial supervision fees, and delegation of judicial authority; national pretrial specific research—pretrial release conditions and interventions and pretrial release types; guidelines for pretrial release recommendations and differential pretrial supervision; and conclusion.

State of the Science of Pretrial Release Recommendations and Supervision Cover

"The release-and-detention decision takes into account a number of different concerns, including protecting the community, the need for defendants to appear in court, and upholding the legal and constitutional rights afforded to accused persons awaiting trial. It carries enormous consequences not only for the defendant but also for the safety of the community … Using data from the Commonwealth of Kentucky, this research investigates the impact of pretrial detention on 1) pretrial outcomes (failure to appear and arrest for new criminal activity); and 2) post-disposition recidivism" (p. 3). Sections following an executive summary include: introduction; sample description; research objective one—investigate the relationship between length of pretrial detention and pretrial outcome; and research objective two—investigate the relationship between pretrial detention, as well as the length of pretrial detention, and new criminal activity post-disposition (NCA-PD). There appears to a direct link between how long low- and moderate-risk defendants are in pretrial detention and the chances that they will commit new crimes.

The Hidden Costs of Pretrial Detention Cover
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