Pretrial Resources

Pretrial Release & Accountability

Effective pretrial systems preserve liberty, keep communities safe, and ensure our courts work well. For far too long, decisionmakers have set money bail as a condition of release when the law is clear that nonfinancial conditions of release should be favored unless certain risk factors are present. The goal of effective pretrial release is two-fold: 1) reasonable assurance of public safety, and 2) reasonable assurance that defendants appear for court. Requiring the posting of money bail as the only condition of release does not protect the public because, in some instances, a wealthy but very dangerous defendant can afford bond and be released to the community with no supervision. Defendants released to robust pretrial supervision programs have very low rates of re-arrest and failure to appear.

There are an array of problems associated with excessive pretrial detention. Time spent in pretrial detention increases an individual’s likelihood of committing a new offense, which threatens public safety. Reliance on monetary conditions of release have disproportionate impacts based on race and class. Those detained pretrial receive harsher sentences and are more likely to be convicted than those released pretrial. Pretrial detention incentivizes defendants to plead guilty, leading to some unjust outcomes.

On the other hand, there are notable benefits of increasing pretrial release rates. Increased rates of pretrial release reduce jail overcrowding, save counties money, enhance public safety, and can bring multidisciplinary approaches to criminal justice problems.

Training and Technical Assistance

Those who have done pretrial reform know how challenging it can be. We encourage you to have a local champion or Project Manager, perhaps both, in your jurisdiction. You may also need training and technical assistance.

Below are some options for training and technical assistance. Some organizations may offer funding options for pilot projects, training, and technical assistance.

1. UNC School of Government Criminal Justice Innovation Lab
   • Model Bail Policy
   • Jessica Smith, UNC School of Government
2. Pretrial Justice Institute – PJI has many free resources on their website
   • University of Pretrial
3. Bureau of Justice Assistance, U.S. Department of Justice
4. Community Resources for Justice 
5. Advancing Pretrial Policy and Research
6. Governor’s Crime Commission
7. State Justice Initiative
8. Arnold Ventures (Requests for Proposals currently closed)