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Trends in Pretrial Release: State Legislation

"State laws provide a framework for judges and other local officials to determine who is eligible for [pretrial] release and under what conditions. In recent years, state legislation has concentrated largely on individualizing the pretrial process by focusing on specific defendants or offense categories. From 2012 to 2014, 261 new laws in 47 states addressed pretrial policy" (p. 1). This document provides an overview of these legislative enactments. Sections cover pretrial legislation by: risk assessments; victim-specific procedures; victim-specific conditions; pretrial services; and diversion. A chart shows types of release conditions enacted, with states listed in columns according to financial, substance related, electronic monitoring, victim protection, and other conditions. There is also a circle chart showing the types of diversion programs addressed by states-drug, mental health, veteran, non-population specific, human trafficking, and property crimes.