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Pretrial detention

"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 are; fines and fees—rising criminal justice budgets have motivated growth in these, the use and size of fees have increased over time, fines and fees are regressive payments that disproportionately impact the poor, fines and fees impose large financial and human costs on poor offenders, collection of fines and fees is often inefficient, reforming fines and fees could potentially increase both equity and efficiency; and bail—the use and size of bail bonds has increased over time, leading to increased pretrial detention of defendants leading to increased pretrial detention of defendants, bail assignments are regressive, leading to pretrial detention of the poorest rather than the most dangerous defendants, pretrial detention of low risk offenders is costly to taxpayers and defendants, and a number of bail reform options could both increase fairness and reduce pretrial misconduct.

Fines, Fees, and Bail Cover

"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 document will serve as more than just a paper providing mere background information, for it is designed, instead, to also provide the intellectual framework to finally achieve pretrial justice in America … in this country we have undertaken two generations of pretrial reform, and we are currently in a third. The lessons we have learned from the first two generations are monumental, but we have not fully implemented them, leading to the need for some “grand unifying theory” to explore how this third generation can be our last. In my opinion, that theory comes from a solid consensus understanding of the fundamentals of bail, why they are important, and how they work together toward an idea of pretrial justice that all Americans can embrace" (p. 4). Sections following an executive summary are; introduction—what bail and bond are; why we need pretrial improvements; the history of bail; legal foundations of pretrial justice; pretrial research; national standards on pretrial release; pretrial terms and phrases; application—guidelines for pretrial reform; and conclusion.

Fundamentals of Bail: A Resource Guide for Pretrial Practitioners and a Framework for American Pretrial Reform cover

"This report introduces essential elements for responding to people with mental illnesses at the pretrial stage, including decisions about pretrial release and diversion. These elements encourage data collection not only to help individual communities, but also for future researchers who are dedicated to these important questions."

Improving Responses to People with Mental Illnesses at the Pretrial Stage 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

"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 accomplish the same thing, albeit unfairly, non-transparently, and, some would say, unlawfully. A new group of people are now telling us that we can never change our constitution to allow the creation of this scheme, but the fact is that change is inevitable. Indeed, moving from a mostly charge and money-based bail system to one based primarily on empirically-derived risk necessarily means that virtually all American bail laws are antiquated and must be changed … This paper is designed to show a somewhat ideal process for making a release or detain decision, but with the realization that a particular state’s bail laws may hinder that ideal process to a point where best practices are difficult or even impossible to implement. Nevertheless, until we know how the pretrial decision-making process should work (i.e., an in-or-out decision, immediately effectuated), we will never know exactly which changes we must make to further the goals underlying the "bail/no bail" process" (p. 1). Chapters following an executive summary are: introduction; the history and the law related to bail up to the Twentieth Century; how pretrial decision making in the United States got off track; "bail" (release) and "no bail" (detention); the national standards on pretrial release; effective pretrial decision making—risk assessment instruments, and assessing which conditions are effective for their lawful purposes; the practical aspects of making an effective "release/detain" or in-or-out-decision—the three steps of proper purpose, legal assessment, and release or detention result; and conclusion.

Money as a Criminal Justice Stakeholder: The Judge’s Decision to Release or Detain a Defendant Pretrial Cover

"Around the world, millions are effectively punished before they are tried. Legally entitled to be considered innocent and released pending trial, many accused are instead held in pretrial detention, where they are subjected to torture, exposed to life threatening disease, victimized by violence, and pressured for bribes. It is literally worse than being convicted: pretrial detainees routinely experience worse conditions than sentenced prisoners. The suicide rate among pretrial detainees is three times higher than among convicted prisoners, and ten times that of the outside community. Pretrial detention harms individuals, families, and communities; wastes state resources and human potential; and undermines the rule of law … Presumption of Risk examines the full consequences of the global overuse of pretrial detention. Combining statistical analysis, first-person accounts, graphics, and case studies of successful reforms, the report is the first to comprehensively document this widespread but frequently ignored form of human rights abuse." Sections following the Executive Summary and Recommendations are: introduction; the scope of pretrial detention around the world—its extent and cost; who the world's pretrial detainees are; circumstances of detention and impact on detainees and their communities; the causes of arbitrary and excessive use of pretrial detention; the implications for the rule of law; reducing the arbitrary and excessive use of pretrial detention; and conclusion.

Presumption of Guilt: The Global Overuse of Pretrial Detention Cover

"This report summarizes the primary findings and recommendations from a pretrial analysis for Middlesex County, Massachusetts. Peter Koutoujian, Sheriff of Middlesex County acted on behalf of multiple justice system stakeholders in the county to request technical assistance to receive an analysis of the pretrial jail population, trend analysis and related practices. The purpose of which is to examine the possible causes of increasing numbers of pretrial defendants remaining in custody, leading to overcrowding and subsequent jail cap releases" (p. 4). Sections of this report include: Middlesex County overview; infrastructure; jail and pretrial process analysis; challenges and opportunities—coordination and collaborative decision-making, data driven decisions, risk informed, outcome measures, outcome focused, and deliberate and affirmative decisions; and seven recommendations. "This addendum to the December 2014 report is being prepared in response to questions and discussions that have occurred since its release … this new analysis does not invalidate the summary and conclusions of the original report. Specifically, the need for improved collaboration and coordination between the major stakeholders; the need to develop, maintain, and utilize system performance and outcome measures in driving policy, and the need to address case processing issues such as: risk-based versus money bail release decisions, and pretrial supervision and diversion options " (p. 2).

Pretrial Analysis for Middlesex County, Massachusetts Technical Assistance Report and Addendum cover

This report “[p]resents findings on general trends in pretrial detention and misconduct in the federal district courts between fiscal years 1995 and 2010. The report highlights trends in the number of defendants released and detained pretrial and examines the changing composition of defendants with federal pretrial dispositions, including the increase in defendants charged with immigration violations and the growth of defendants with serious criminal backgrounds. It examines the relationships between pretrial detention and the type of charge and the criminal history of the defendant. In addition, the report includes trends on the rates of pretrial misconduct, including technical violations, missed court appearances, and re-arrests for new offenses between 1995 and 2010” (p. 1).

› Pretrial Detention and Misconduct in Federal District Courts, 1995-2010 Cover

This interactive map of pretrial incarceration trends from Vera "aims to inform the public dialogue, advance research, and help guide change by providing easily accessible information on the number of individuals in jail and prison for every county in the United States."

“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 decisions in the criminal case processing, designated as a “critical stage” by the United States Supreme Court where liberty and due process interests are paramount. Justice systems that administer bail effectively have as their overarching goals assuring a defendant’s return to court and safeguarding the community. To help balance the individual’s right to reasonable bail with the public’s expectation of safety, these systems assess the likelihood of missed court appearances or new criminal activity using factors shown by research to be related to pretrial misconduct and provide supervision designed to address these risks. Moreover, these systems give judicial officers clear, legal options for appropriate pretrial release and detention decisions. As a result, unnecessary pretrial detention is minimized, public safety is enhanced and, most significantly, the pretrial release process is administered fairly.

Unfortunately, most local justice systems lack truly effective bail decision making components. Most judicial officers do not receive the information needed in bail setting to make the best decisions about release and detention, nor do they have a full statutory gamut of release and detention options to address the varying levels of risk found within the defendant population. Even when options exist, most systems lack the structure to monitor released defendants, to regularly screen detained defendants for release eligibility, or to safeguard individual rights and community safety.

The shortcomings of the current bail system have made bail reform part of the larger national discussion on improving America’s criminal justice systems. For most justice systems in America, achieving true bail reform will mean going beyond technical changes to a deeper and more holistic change in culture and attitudes about the concept of pretrial release; the rights of pretrial defendants; and what is truly needed to reasonably assure future court appearance and community safety. In order to achieve meaningful bail reform, all elements of an effective pretrial justice system must be defined and in place.

During the broadcast presenters will: Define the framework for developing a high functioning pretrial justice system; Discuss the importance of bail history and the legal processes underlying it; Identify the essential elements of a legal and evidence based pretrial justice system; Identify the importance of the criminal justice system to support a legal and evidenced based pretrial services agency; and Discuss the differences between technical and adaptive change within organizations and the effects on implementation.

This broadcast will answer the following questions: What is the roadmap to pretrial justice reform? Where do we begin? What is the history of bail reform, and why is it important to your work today? What are the essential elements of a high functioning pretrial system? What outcomes could you expect from collaboration among pretrial justice stakeholders? What changes are needed to become a high functioning pretrial justice system? Have you ever asked the question “What are the benefits of developing a pretrial agency?”

Pretrial Justice Cover

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