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Pretrial

Pretrial Services programs provide crucial information to judicial officers to assist with the bail decisions and to provide supervision and services to pretrial defendants that will promote public safety and court appearance.

The role of a high functioning pretrial agency can have many positive impacts on local justice systems. By identifying risk factors through validated risk instruments and providing release options and strategies to manage the defendant’s risk pending trial, judicial officers can make informed decisions that balance the Constitutional presumption of innocence while providing protections for the community.

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Recommended Reading

Date	Title	Type
2011	Assessing Local Pretrial Justice Functions: A Handbook for Providing Technical Assistance National Institute of Corrections (Washington, DC). This guide “presents a protocol designed to produce high-quality technical assistance for the front end of the criminal justice system—the pretrial justice stage” (p. iii). Sections contained in this publication are: basic obligations of a technical assistance (TA) provider; preparation for the site visit; conducting the site visit; people who should be interviewed and areas of inquiry; after the site visit; characteristics of effective technical assistance; and logistics of acting as a consult... Read More	39 pages
2011	Measuring What Matters: Outcome and Performance Measures for the Pretrial Services Field National Institute of Corrections. Pretrial Executives Network (Washington, DC). “This monograph presents recommended outcome and performance measures and mission-critical data … [that] will enable pretrial service agencies to gauge more accurately their programs’ effectiveness in meeting agency and justice system goals” (p. v). Sections of this publication include introduction, outcome measures, performance measures, mission-critical data, setting targets, and examples of pretrial release program measures.... Read More	24 pages
2010	A Framework for Evidence-Based Decision Making in Local Criminal Justice Systems National Institute of Corrections (Washington, DC). Center for Effective Public Policy (Philadelphia, PA); Pretrial Justice Institute (PJI) (Washington, DC); Justice Management Institute (JMI) (Denver, CO); The Carey Group (Silver Spring, MD). This report is essential reading for individuals wanting to achieve "measurable reductions of pretrial misconduct and post-conviction reoffending" (p.6). Eight sections follow an introduction (a new paradigm for the justice system): underlying premises; the key decision points, decision makers, and stakeholders in the criminal justice system; examining justice system decision making through the lens of harm reduction; the principles underlying the framework; applying evidence-based principles to... Read More	68 p.
2010	Kentucky Pretrial Risk Assessment Instrument Validation By Austin, James; Ocker, Roger; Bhati, Avi. U.S. Bureau of Justice Assistance (Washington, DC). JFA Institute (Washington, DC). The validity of the Kentucky Pretrial Service Agency (KPSA) risk assessment instrument is determined. Other pretrial agencies can compare their risk assessment instruments to this evaluation to see where they stand. Sections of this report are: introduction; research methods; use of special conditions; and improvement of the current tool. Based on conflicts in the prior instrument, a modified tool resulted from this study.... Read More	16 pages
2007	Legal and Evidence Based Practices: Application of Legal Principles, Laws, and Research to the Field of Pretrial Services By VanNostrand, Marie. National Institute of Corrections. Community Corrections Division (Washington, DC). Luminosity, Inc. (St. Petersburg, FL); Crime and Justice Institute (Boston, MA); National Institute of Corrections. Community Corrections Division (Washington, DC). "[C]ritical legal principles applicable to defendants during the pretrial stage" are covered (p.3). Sections of this paper are: introduction and background; pretrial legal foundation -- presumption of innocence, right to counsel, right against self-incrimination, right to due process of law, right to equal protection under the law, right to bail that is not excessive, and summary of legal principles; evidence-based practices in pretrial services and community corrections; and summary and conclu... Read More	33 p.
2011	Commonwealth of Virginia: Roadmap for Evidence-Based Practices in Community Corrections By Pierce-Danford, Kristy; Guevara, Meghan. U.S. Bureau of Justice Assistance (Washington, DC). Community Resources for Justice. Crime and Justice Institute (Boston, MA). “The Roadmap is a guide for the sustainable implementation and replication of evidence-based practices in pretrial and local probation agencies across the state ... [it] offers valuable insights into lessons learned during implementation and provides proven strategies for addressing challenges to sustainable change” (p. 1). Chapters following an introduction explaining how to use the Roadmap are: Virginia’s application of the Integrated Model; assessing the organization; strategic planning and w... Read More	141 pages

Related Resources

Date	Title	Type
2012	Using Adolescent Brain Research to Inform Policy: A Guide for Juvenile Justice Advocates National Juvenile Justice Network (NJJN) (Washington, DC). This paper is an excellent overview of the dramatic impact that changes in their brains have on their behavior. Anyone working with juveniles should know about brain research. Sections of this fact sheet include: introduction; what the research says; how this affects young people's behavior; it is not too early to use this research; how to respectfully frame the research; how brain research relates to positive youth development; one caution'brain development research can be negatively applied; a... Read More	7 pages
2012	Using Adolescent Brain Research to Inform Policy: A Guide for Juvenile Justice Advocates National Juvenile Justice Network (NJJN) (Washington, DC). This paper is an excellent overview of the dramatic impact that changes in their brains have on their behavior. Anyone working with juveniles should know about brain research. Sections of this fact sheet include: introduction; what the research says; how this affects young people's behavior; it is not too early to use this research; how to respectfully frame the research; how brain research relates to positive youth development; one caution'brain development research can be negatively applied; a... Read More	7 pages
2012	Pretrial Detention & Community Supervision: Best Practices and Resources for California Counties California Forward (CAFWD). Partnership for Community Excellence (PCE) (Sacramento, CA). 'The purpose of this report is to provide an overview of pretrial models and practices so counties can make informed decisions about how pretrial services could cost-effectively improve public safety outcomes' (p. 6). While this publication is designed to assist communities in California, it provides excellent information for agencies from other states looking to implement pretrial programs in their own locales. Sections following an executive summary address: pretrial issues in California count... Read More	32 pages
2012	Bail Fail: Why the U.S. Should End the Practice of Using Money for Bail By Neal, Melissa. Justice Policy Institute (Washington, DC). Reasons for eliminating the ubiquitous use of bail as the primary instrument for pretrial release in the United States are explained. This report is divided into six parts: introduction; background and context—the general pretrial process; the use of money bail; money bail’s effects on the judicial process; effective alternatives to money bail; and recommendations. “There is no reason to continue the practice of requiring money in order to be released while waiting for a case to be resolved … Co... Read More	56 pages
2011	The Efficacy of the Risk-Need-Responsivity Framework in Guiding Treatment for Female Young Offenders By Vitopoulos, Antigone Nina. It is believed that the Risk-Need-Responsivity (RNR) framework is gender-neutral'that it works the same for male and female juvenile offenders. This report examines whether the RNR framework really does work equally well for male and female youth. This determines: whether RNR based YLS/CMI (Youth Level of Service/Case Management Inventory) clinician-identified needs are different for boy and girls; if the clinician-identified needs of boys and girls are matched by probation services at identical... Read More	026629
2011	The Efficacy of the Risk-Need-Responsivity Framework in Guiding Treatment for Female Young Offenders By Vitopoulos, Antigone Nina. It is believed that the Risk-Need-Responsivity (RNR) framework is gender-neutral'that it works the same for male and female juvenile offenders. This report examines whether the RNR framework really does work equally well for male and female youth. This determines: whether RNR based YLS/CMI (Youth Level of Service/Case Management Inventory) clinician-identified needs are different for boy and girls; if the clinician-identified needs of boys and girls are matched by probation services at identical... Read More	026629
2011	Measuring What Matters: Outcome and Performance Measures for the Pretrial Services Field National Institute of Corrections. Pretrial Executives Network (Washington, DC). “This monograph presents recommended outcome and performance measures and mission-critical data … [that] will enable pretrial service agencies to gauge more accurately their programs’ effectiveness in meeting agency and justice system goals” (p. v). Sections of this publication include introduction, outcome measures, performance measures, mission-critical data, setting targets, and examples of pretrial release program measures.... Read More	24 pages
2011	State of the Science of Pretrial Release Recommendations and Supervision By VanNostrand, Marie; Rose, Kenneth J.; Weibrecht, Kimberly. U.S. Bureau of Justice Assistance (Washington, DC). Pretrial Justice Institute (Washington, DC). Anyone needing to know what legal issues impact pretrial release or what supervision strategies will lead to more effective pretrial release practices should read this report. Sections of this document include: introduction; pretrial legal questions—“blanket” pretrial release condition, drug testing release condition, treatment and assessment release condition, Alcoholics Anonymous/12-Step meetings release condition, pretrial supervision fees, and delegation of judicial authority; national pretr... Read More	44 pages
2011	State of the Science of Pretrial Risk Assessment By Mamalian, Cynthia A.. U.S. Bureau of Justice Assistance (Washington, DC). Pretrial Justice Institute (PJI) (Washington, DC). “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 ... Read More	42 pages
2011	A Case Study on the Practice of Pretrial Services and Risk Assessment in Three Cities By Kim, KiDeukDenver, Megan. District of Columbia. Executive Office of the Mayor. Justice Grants Administration (Washington, DC); U.S. Bureau of Justice Assistance (Washington, DC). District of Columbia Crime Policy Insitute (DCPI) (Washington, DC); Urban Institute (Washington, DC). The practices and operations of three pretrial service programs along with their use of risk assessments are examined. Sections of this report include: the Pretrial Services Agency for the District of Columbia; the context of pretrial services; current practice in pretrial services in the District of Columbia, New York City, and Baltimore; and comparing the jurisdictions summarized. “The comparison across jurisdictions is revealing. It makes apparent that risk assessment practices cannot be sepa... Read More	25 pages
2011	Promising Practices in Providing Pretrial Services Functions Within Probation Agencies: A Users Guide U.S. Bureau of Justice Assistance (Washington, DC). American Probation and Parole Association (APPA) (Lexington, KY); Pretrial Justice Institute (PJI) (Washington, DC). Guidance is provided for jurisdictions looking to incorporate a pretrial services function within a probation department. This combination will serve to “retain or implement evidence-based practices in a way that provides the most efficient use of criminal justice resources without sacrificing public safety” (p. 7). Sections of this publication are: introduction; advantages of providing pretrial services functions in a probation department—taking advantage of existing infrastructure and relatio... Read More	36 pages
2011	Assessing Local Pretrial Justice Functions: A Handbook for Providing Technical Assistance National Institute of Corrections (Washington, DC). This guide “presents a protocol designed to produce high-quality technical assistance for the front end of the criminal justice system—the pretrial justice stage” (p. iii). Sections contained in this publication are: basic obligations of a technical assistance (TA) provider; preparation for the site visit; conducting the site visit; people who should be interviewed and areas of inquiry; after the site visit; characteristics of effective technical assistance; and logistics of acting as a consult... Read More	39 pages