June 28, 2023
People who are denied bail or unable to pay can lose their job and housing while awaiting trial. Recent research in the American Economic Review- The Effects of Pretrial Detention on Conviction, Future Crime, and Employment: Evidence from Randomly Assigned Judges describes some of these collateral consequences of pretrial detention. The authors assert that the “high rate of pretrial detention, particularly for poor and minority defendants, has contributed to an ongoing debate on the effectiveness of the current bail system. Critics argue that excessive bail conditions and pretrial detention can disrupt defendants’ lives, putting jobs at risk and increasing the pressure to accept unfavorable plea bargains.” In response, state courts are engaged in efforts to rely less on bail and create community-based approaches that maximize public safety and court appearance.
One approach for reforming bail practices has been to implement risk-based assessment tools that help identify appropriate supervision levels or release conditions to promote safe return to court. NCSC’s white paper Pretrial Preventive Detention examines 5 jurisdictions (DC, NM, AZ, CA, NJ) that are moving away from bail to risk assessments and providing procedural safeguards to defendants. The paper concludes that the lessons learned in those jurisdictions can guide court leaders in other states. A 2023 detailed study in Oregon has concluded that guidelines should be based on risk assessment and not on bail.
Relatedly, courts are starting to expand their available release options and connections to services in the community. The Illinois' Community Release with Support program, for instance, is a community-based program that helps people break the cycle of arrest and jail. Last year, it invested $2.9 million to connect people to services. The Cook County inmates are assisted with “employment, education, affordable housing, health insurance, state identification, physical health care, mental health care and addiction treatment.” The program’s purpose is to prevent violence and to break the arrest-jail cycle.
Transportation to court is another way of helping people avoid jail due to failure to appear. For example, the Shelby County Court bus pass program in Tennessee gives away free bus passes to those in need to help overcome transportation challenges.
The 2023 New Jersey legislature considered a bill that would provide comprehensive services to people in pretrial, such as addiction treatment, mental health services, housing, licenses, training, and employment. It aims to reduce recidivism and increase court appearance rates.
Spokane County, Washington recently started a supported release program that gives: “judges the option of releasing nonviolent defendants from jail and connecting them with resources rather than holding them on a low bond.” The program provides defendants with housing, addiction treatment, job, and transportation among other needs.
According to the Vera Institute of Justice’s 2015 survey on prison spending, the average annual cost per inmate in state prison is $33,274. There are lasting economic, social, mental, and physical consequences for those detained in pretrial detention and their families.
Is your court providing pretrial services? Share your experiences with us. For more information, contact Knowledge@ncsc.org or call 800-616-6164. Follow the National Center for State Courts on Facebook, Twitter, and LinkedIn.