A Framework for Pretrial Justice: Essential Elements of an Effective Pretrial System and Agency

This document highlights the commitment of the National Institute of Corrections (NIC) to define and support evidence-based practices that improve decision-making at the pretrial stage of our criminal justice system, enhancing the safety of America’s communities and fostering the fair administration of pretrial release and detention. With the release of A Framework for Pretrial Justice: Essential Elements of an Effective Pretrial System and Agency, NIC and its Pretrial Executive Network helps inform the discussion on bail reform and pretrial justice by presenting and defining the fundamentals of an effective pretrial system and the essential elements of a high functioning pretrial services agency. This publication presents and describes these essential elements-as well as the components of an evidence-based framework for improving pretrial outcomes nationwide.

Bail determination is one of the most important decisions in criminal justice. Courts that make evidence-based decisions set the following as goals: (1) Protecting community safety; (2) Ensuring a defendant’s return to court; (3) Basing release and detention decisions on an individual defendant’s risk and the community’s norms for liberty; [and] (4) Providing judicial officers with clear, legal options for appropriate pretrial release and detention decisions.

A Framework for Pretrial Justice: Essential Elements of an Effective Pretrial System and Agency should serve as a guide for jurisdictions interested in improving their current pretrial systems. By presenting a framework of evidence-based and best practices, NIC supports the equally important concepts of pretrial justice and enhanced public safety in all of America’s courts.