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Pretrial Release
a defendeants release from jail while awaiting their next court appearance
Pretrial services
a community corrections supervision agency that assists the court in deciding who to release and who to detain based on validated assessment instruments and a pretrial interview of the defendant. Also help to ensure that the defendant appears at next court date
Manhattan Bail Project
Granted Release on Recognizance (ROR), which is when the defendant promises to show up at the next court date and to remain law-abiding. This allows defendants to remain in their community until their next court date
Federal Bail Reform Act (1966)
Established guidelines on appropriate bail amounts and the alternatives to detention for people who cannot afford bail
Second Bail Reform Act ((1984)
Included that the safety of the public to be a important criteria in the decision on whether to detain a pretrial defendant
National Association of Pretrial Services Agencies (NAPSA)
Provides national standards that guide the operation of pretrial release and supervision. Recommends that all arrested people in custody should be interviewed for the possibility of release using the least restrictive option possible, while also taking into consideration the safety of the community and the defendant’s likelihood to reappear in court
Ohio Risk Assessment System
predicts a person’s possible new arrests and future incidents of failing to appear in court. It includes the defendant’s age at first arrest, number of times defendant has failed to appear in court over the past two years, number of jail incarcerations, employment status at arrest, self-reported use of drugs, and stability of residence.
Pretrial Services Risk Assesment (PSRA)
Used by the federal system, similar to the Ohio Risk Assessment.
Delegated release authority
Statutory authority that allows pretrial services officers to release a defendant before an initial court appearance in front of a judge
Unsecured bonds
do not require money up front and only requires the full bond amount if the defendant refuses to appear
Secured bonds
require the full amount cash or property assets given directly with a before the defendant is released. This assures the court that the defendant will appear, and when they do appear, the deposited amount will return to the offender.
Surtey
aka a bond company. If the defendant isnt financially able to secure their own release, they can use this. When the defendant returns to court, the company is refunded the entire amount
Pretrial supervision
Court ordered correctional supervision of a defendant that isnt yet convicted. Defendant has to participate in activities like reporting , house arrest, and electronic monitoring to ensure appearance at next court date. Other activities include calling weekly, following a curfew, alcohol and drug testing, maintaining employment, and avoiding any contact with victims or witnesses.
Diversion
aka deferred adjudication. a type of pretrial supervision that redirects first time offenders and gives them a chance to address unique treatment needs with a successful completion resulting in a dismissal of charges