PSA IS A FEDERAL EXECUTIVE BRANCH AGENCY | WWW.PSA.GOV | NOVEMBER 2023

PRETRIAL SERVICES AGENCY for the DISTRICT OF COLUMBIA

PROMOTING PRETRIAL JUSTICE AND ENHANCING COMMUNITY SAFETY

Release Rates for Pretrial Defendants in the Superior Court, Washington, DC: FY 2023

The Pretrial Services Agency for the District of Columbia (PSA) assists judges in the Superior Court of 

the District of Columbia and the United States District Court for the District of Columbia by conducting a 

risk assessment for every arrested person to be charged in court, identifying detention eligibility, and 

formulating appropriate release recommendations. Recommendations are based on several factors, 

including demographic information, criminal history, and substance use and/or mental health information. 

For defendants placed on conditional release pending trial, we provide supervision and treatment services 

to reasonably assure they return to court and do not engage in criminal activity pending their trial and/or 

sentencing. In Washington, DC, over 90% of defendants normally are released pretrial without using a

financial bond.

We track two primary release points which are used to calculate the overall release rate: “initial

detention/release” and “subsequent release”. Initial detention/release occurs at an arrestee’s initial 

appearance before a judge at arraignment or presentment. At this point, the arrestee can be detained 

pursuant to one or more of DC’s statutory preventive detention provisions, placed on conditional release 

with PSA supervision, or released on personal recognizance (PR) with no PSA supervision. All releases 

resulting from this first appearance are referred to collectively as “initial release”. For FY 2023, the initial 

release rate for all cases (felony and misdemeanor) was 77%, which is slightly above FY 2022 (76%).

The remaining 23% of cases result in detention under one or more provisions of the preventive detention 

statute. We refer to this as “initial detention”. Under DC law, detained defendants are entitled to a hearing 

within three to five days of initial appearance to determine whether there are conditions of release that 

will reasonably assure the defendant’s future court appearance and public safety. The result of this 

hearing can be continued detention, release to PR or PSA supervision, or dismissal of the charge. For FY 

2023, of the 23% initially detained, 45% of the cases resulted in “subsequent release”, most at the time of 

the detention hearing. In some cases, subsequent release can occur later during the pretrial period, but 

prior to case disposition (e.g., if a felony case is not filed within the statutory timeframe). 

When the initial and subsequent release rates are examined collectively, 87% of cases result in defendants 

being released pretrial. This leaves 13% of cases resulting in detention until disposition of the case.

During FY 2023, a total of 8,164 criminal cases were filed. The table below shows the ultimate release 

status for each case.

Pretrial Process Points Felony Misdemeanor Total

Number Percent Number Percent Number Percent

Cases Filed 2,113 100% 6,051 100% 8,164 100%

Initially Released 812 38% 5,478 91% 6,290 77%

Initially Detained 1,301 62% 573 9% 1,874 23%

Subsequently Released1 512 39% 323 56% 835 45%

Total Released Pretrial 1,324 63% 5,801 96% 7,125 87%

Total Held Pretrial 789 37% 250 4% 1,039 13%

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1 Percentage rates are calculated using the number of papered cases as the denominator, except for the subsequently 

released rate, which is a subset analysis that uses the number of initially detained cases as the denominator.