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Pretrial detention

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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