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Pretrial detention

This two-hour program discusses strategies for developing an effective pretrial process (e.g., arrest, interview, risk assessment and recommendation, first appearance, post release supervision, and collaboration between shareholders—agencies, organizations, and the community). This presentation is designed to examine the impact of the pretrial decision to release or detain on jail crowding and public safety; promote fair and just pretrial decision making; and demonstrate best practices consistent with the pretrial release standards of the National Association of Pretrial Services Agencies.

Pretrial Justice:  Principles and Practices Cover

"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."

Pretrial Justice: The Colorado Story 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

"In an attempt to reduce jail overcrowding, attention is turning to the 63 percent of people held in county jails who have not been convicted of a crime. Many of these people are waiting for their day in court in jail — not because they pose a risk to public safety, but simply because they cannot afford to post bail … This publication examines the challenges of relying on a monetary bail system and highlights existing solutions, such as pretrial services, that save money, reduce racial disparities, alleviate jail bed space, and promote public safety" (p. 1-2). Sections of this report cover: background on the monetary bail system; use of monetary bail creates income and racial disparities; bail release definitions; pretrial detention results in adverse outcomes; collateral consequences; a cash-dependent system does not promote public safety; pretrial services are effective alternatives to monetary bail; and in California's post-Realignment era.

Pretrial Services: An Effective Alternative to Monetary Bail Cover

“This publication is designed for a wide-ranging audience of criminal justice stakeholders who have questions about pretrial risk assessment and its value to the pretrial justice process” (p.3). Sections of this report are: introduction; setting the stage; critical issues related to pretrial release, detention, and risk assessment; challenges to implementing evidence-based risk assessment and threats to reliable administration; methodological challenges associated with prediction of risk; where to go next—recommendations for research and practice; and conclusion.

State of the Science of Pretrial Risk Assessment Cover

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 cost-benefit analysis can be applied to the pretrial justice system and describes the process through which CJI and its partners identified the key components of a pretrial cost-benefit model for use by local jurisdictions." "A Cost-Benefit Model for Pretrial Justice: This brief describes the local data and collaboration that are required for pretrial cost-benefit analysis, highlights its benefits for policy and planning, and suggests questions that local jurisdictions should ask if they are considering undertaking pretrial cost-benefit analysis."

costs of pretrial

“This is a guide for elected officials seeking to enhance existing or develop new pretrial justice practices in rural areas. By identifying the characteristics, strengths and challenges in rural jurisdictions and combining these factors with the lessons and experiences of urban, suburban and rural pretrial justice programs, national standards and best practices, this guide offers a set of recommendations to enhance local policies and practices within the context of rural settings” (p. 3). Sections cover: pretrial justice today—the evidence for enhancing pretrial justice, and pretrial justice policy statements and standards; applying the elements of pretrial justice in rural counties—pretrial justice program functions, and policies affecting pretrial justice; and recommendations for elected county officials in rural areas.

The Delivery of Pretrial Justice in Rural Areas: A Guide for Rural County Officials 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

This paper examines the effects of pretrial detention on case outcomes in federal criminal cases. Unlike cash-bail regimes that are prevalent in state courts, federal courts rarely use money bail as a condition of pretrial release. Nonetheless, this paper documents significant effects of pretrial detention for federal criminal defendants. Using data spanning 71 federal district courts, I present evidence that pretrial release reduces a defendant’s sentence increases the probability that they will receive a sentence below the recommended sentencing range. Pretrial release also appears to lessen the probability that a defendant will receive a mandatory minimum sentence when one is charged, but does not seem to affect the probability of facing a mandatory minimum. To address the identification problem inherent in using pretrial detention status as an explanatory variable, I exploit variation in magistrate judges’ propensities to release defendants pending trial, which allows magistrate judge leniency to serve as an instrumental variable for pretrial release. The paper also provides evidence that pretrial release affects case outcomes through two channels: first, by giving defendants the opportunity to present mitigating evidence at sentencing and second, by making it easier for defendants to earn a sentencing reduction by providing assistance to the government.

"The Patient Protection and Affordable Care Act (ACA) provides an historic opportunity for millions of low-income individuals to obtain insurance coverage for their physical and behavioral health care needs. For the last several years, diverse behavioral health advocates, health care providers and community-based prevention organizations, have worked to understand the implications of the ACA on the justice-involved population. Much of the conversation has been centered on the disproportionately high rates of physical and behavioral health care needs amongst this previously uninsured population … Access to treatment services through the ACA at pretrial decision points creates a notable opportunity to interrupt the cycle of crime exacerbated by chronic physical and behavioral health issues" (p. 1). This publication provides a general idea of what the ACA entails and explains how it can be used with pretrial detainees. Sections contained in this document include: an overview of the ACA; the major opportunities it can provide for pretrial justice; ACA as the front door to coverage; and a call to action for pretrial services—actively represent pretrial in collaborative planning efforts, develop a plan for screening and enrollment, and begin addressing larger policy questions.

The Patient Protection and Affordable Care Act and the Pretrial System: A "Front Door" to Health and Safety Cover

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