In a press release issued on March, 28 the Laura and John Arnold Foundation (LJAF) announced “a new resource that provides information on laws in all 50 states that affect pretrial release, detention, and the issuance of citations in lieu of arrest.”
The press release quoted remarks on the importance of the LJAF study made by Anne Milgram, LJAF's Vice President of Criminal Justice. Milgram stated, "The decisions made at the front end of the criminal justice system, taking place between arrest and sentencing, are critically important to public safety, local budgets, and the fair administration of justice. This research fills a tremendous gap in the national understanding of how states and localities are addressing these issues, and we believe it will be an invaluable resource for jurisdictions to learn from one another as they seek to improve their criminal justice systems." Click here to go to website
According to LJAF:
Most states have a presumption in favor of releasing all defendants before trial, except those who are charged with certain types of serious crimes. Forty states have such a provision in their state constitution, and in instances where the constitution is silent on this, eight states have created a statutory presumption.
Nineteen states have a presumption in favor of permitting pretrial release either without requiring the defendant to post a monetary bond, or through an unsecured bond.
About half of the states have enacted statutes that provide guidance to courts in setting conditions of pretrial release. In fifteen states, courts are required to impose the least restrictive condition, or combination of conditions, that will reasonably ensure court appearance and public safety.
States have recently begun to require the use of risk assessments in pretrial release decision making. Currently, nine states instruct courts to consider the results of a risk assessment when making pretrial release decisions.
States have recently begun to require the use of risk assessments in pretrial release decision making. Currently, nine states instruct courts to consider the results of a risk assessment when making pretrial release decisions.
In all but seven states, statutes provide that law enforcement officers may in certain instances issue a citation in lieu of arrest. Most states only allow citations to be used for low-level misdemeanor offenses, and they statutorily prohibit issuing a citation if there is reason to believe that the individual will not appear in court, poses a danger to the community or himself, or has any outstanding warrants.
To read the full report, please click on the link to the National Conference of State Legislatures website below, and then click on the Document Library tab above the headline “Pretrial Release.”
Source: National Conference of State Legislatures
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