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.

Regional Roundtables

Attorney General Stein and the North Carolina Department of Justice are pleased with the forward momentum for reform of North Carolina’s pretrial justice system. From 2019 to 2021, Attorney General Stein hosted five regional roundtable discussions on this issue, inviting judges, magistrates, county commissioners, district attorneys, sheriffs, public defenders, county managers, clerks of court, and pretrial services staff from across the state. The roundtables, which gathered over 550 guests combined, were held at: Wake Technical Community College on January 8, 2019, Wilson Technical Community College on June 25, 2019, Cape Fear Community College on October 25, 2019, and Forsyth Technical Community College on February 2, 2020, with a pandemic-delayed hybrid virtual and in-person roundtable hosted at Asheville-Buncombe Technical Community College on October 14, 2021. The stakeholders discussed tools, strategies, and perspectives to ensure pretrial release decisions are consistent with the law and based on public safety, a reasonable assurance of court attendance, and fairness.

Handouts provided to roundtable participants are available here (note handouts varied slightly based on available information at each roundtable). Videos of the October 2021 presentations are available below:

1. Introductory Remarks – Attorney General Josh Stein
2. Bail Reform: Introduction to the Issues & Overview of Local Options – Prof. Jessica Smith
3. Increase Use of Citations – Chief Daniel House
4. Court Reminder System – Senior Resident Superior Court Judge Martin McGee
5. Community Member Impacted Pretrial Release Practices – Kristie Puckett-Williams
6. Panel: Practices that Reduce Jail Populations without a Pretrial Release Agency
7. Panel: Benefits of a Pretrial Release Agency

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)