U.S. flag
        An official website of the United States government
          Here's how you know
        Here's how you knowDot gov**Official websites use .gov**
              
              A **.gov** website belongs to an official government organization in the United States.
        Https**Secure .gov websites use HTTPS**
              
              A **lock** (   A locked padlock
 ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.  **
Menu


    close

        
        
                        
  
          Home
      
    
              How NIC can help
      
                
  
          **I need Training or Courses**
               Free e-courses available 24/7
              
      
                
  
          NIC Training Programs
          In-person and blended trainings
      
    
              I need Technical Assistance
          Guidance, support, advice, assessment, and/or customized training
      
    
              I'm looking for Information Assistance
          NIC publications, DVDs, FAQs, and more
      
    
              **I need other assistance from NIC**
              
      
                
  
          NIC Helpdesk
      
    
              Connect with other Corrections Professionals
          NIC Community Forums
      
    
              Funding Opportunities
          Cooperative Agreements and more
      
    
              Resources
      
                
  
          **News and Events**
              
      
                
  
          Conferences
      
    
              NIC Events
      
    
              NIC News & Media Releases
      
    
              Subscribe to NIC's News & Announcements
          Emails with NIC's latest news and initiatives
      
    
              NIC Quarterly Newsletter Archive
      
    
              **Featured Resources**
              
      
                
  
          Resources for Corrections Professionals
          Resources about correctional topics
      
    
              Topics
          Focused areas of research for Corrections Professionals
      
    
              NIC's e-courses
      
    
              Hot Topics
          Answers to questions about NIC services & resources
      
    
              FAQs
          Frequently Asked Questions
      
    
              **NIC Library**
              
      
                
  
          Search the Library Collection
      
    
              Ask a Librarian
      
    
              Free eBooks
      
    
              Sign in to the EBSCOhost Research Platform
          Free research resources provided by NIC
      
    
              Webinars and Broadcasts
          Streaming Video of NIC Trainings
      
    
              US State Statistics
          Statistics Information about US Corrections
      
    
              About NIC
      
                
  
          **About the Agency**
              
      
                
  
          Mission
      
    
              Staff Directory
      
    
              Reports to the Nation
      
    
              Funding Opportunities
      
    
              History of NIC
      
    
              Advisory Board
      
    
              **Divisions**
              
      
                
  
          Academy Division
      
    
              Community Services Division
      
    
              Jails Division
      
    
              Prisons Division
      
    
              **Strategic Plan**
              
      
                
  
          Subscribe to NIC's News & Announcements
          Emails with NIC's latest news and initiativesMy Cart
                                
                          
        
                Log in Home
                                    Resources
                                    Resources By Area of Practice
                                    Topics In Corrections
                                    Pretrial

      

                    
          
    Pretrial
Pretrial Services programs provide crucial information to judicial officers to assist with the bail decisions and to provide supervision and services to pretrial defendants that will promote public safety and court appearance.The role of a high functioning pretrial agency can have many positive impacts on local justice systems. By identifying risk factors through validated risk instruments and providing release options and strategies to manage the defendant’s risk pending trial, judicial officers can make informed decisions that balance the Constitutional presumption of innocence while providing protections for the community.**The Purpose of Pretrial Release**Our criminal justice system stands on two bedrock principles: that individuals accused of a crime are presumed innocent until proven guilty, and that they are entitled to a speedy trial. Yet many defendants are detained in jail before and during trial -- while they are presumed innocent -- because they cannot post bail, and, all too often, have to wait an extended number of months to see their day in court (Joint Committee on Criminal Justice - New Jersey, 2014). This can impair their access to justice as a result of a reduced ability to actively participate in planning their defense with counsel, contacting witnesses, and collecting evidence. Some low-level offenders may plead guilty, not because of their culpability, but because of their need or desire to get out of jail, particularly individuals with fragile employment which would be lost if they miss work, or single parents who need to care for their children.Research also shows that low-risk defendants who are detained pretrial are more likely to commit new crimes, not only while their cases are pending, but also years later. The impact of unnecessary pretrial detention also is reflected in bloated jail populations and the accompanying expenses of providing health care, meals, and other costs of incarceration. (Missouri Pretrial Best Practices, 2016)

    Resource Links
          NAPSA COVID-19 Survey Findings 2020
                   NIC Resources
          Promoting Pretrial Success: A New Model for Pretrial Supervision
          Incorporating Services and Support into Pretrial Supervision: Is There a Best Model?
          Pretrial Publication Webinar Series

gavel
          Court Nonappearance and New Case Filings: Redefining Pretrial Misconduct
          Measuring What Matters: Outcome and Performance Measures for the Pretrial Services Field (2nd ed)
          COVID-19: How are Pretrial Service Agencies Dealing with the Coronavirus? [Webinar]
          Using Front End Interventions To Achieve Public Safety And Healthy Communities
          Price
              $0.00

Pretrial Release and Probation: What is the Same and What is Different?

  Amount in Stock
              0
          A Framework for Pretrial Justice: Essential Elements of an Effective Pretrial System and Agency
          Pretrial Justice: How to Maximize Public Safety, Court Appearance and Release [Internet Broadcast]
          Money as a Criminal Justice Stakeholder: The Judge's Decision to Release or Detain a Defendant Pretrial
          Fundamentals of Bail: A Resource Guide for Pretrial Practitioners and a Framework for American Pretrial Reform
          Assessing Local Pretrial Justice Functions: A Handbook for Providing Technical Assistance
          Legal and Evidence Based Practices: Application of Legal Principles, Laws, and Research to the Field of Pretrial Services

Topic Categories and Resources
The following grey bars are accordions that can be expanded to show a list of "top-shelf" resources that have been hand-picked by our library team around this topic. If you would like additional research assistance on this topic, please contact our help desk. They have access to specialized databases and thousands of resources you won't find online. Click on a grey box below to browse resources in that section.
            
      Accordion    Bail Reform
      
      Fundamentals of Bail: A Resource Guide for Pretrial Practitioners and a Framework for American Pretrial Reform

            
      
"Pretrial justice requires that those seeking it be consistent with both their vision and with the concept of pretrial best practices, and this document is designed to help further that goal. It can be used as a resource guide, giving readers a basic understanding of the key areas of bail and the
              Money as a Criminal Justice Stakeholder: The Judge's Decision to Release or Detain a Defendant Pretrial

            
      
"The future of pretrial justice in America will come partly from our deliberative focus on our judges’ decisions to release or detain a criminal defendant pretrial and from our questioning of whether our current constitutional and statutory bail schemes are either helping or hindering those
              Unsecured Bonds: The Most Effective and Efficient Pretrial Release Option

            
      
If your pretrial agency is looking for solid empirical evidence about the effectiveness of unsecure bonds compared to secure bonds in safeguarding public safety, you need to read this report. “Findings support judicial officers changing their practices to use more unsecured releases, to include
  
      Trends in State Courts - Annual Publication
              The Civil Rights Implications of Cash Bail (2022)
              To Bail or Not to Bail: Protecting the Presumption of Innocence in Nevada (2019)
              Undoing the Bail Myth: Pretrial Reforms to End Mass Incarceration (2019)
              The Steep Costs of Criminal Justice Fees and Fines (2019)
              How Bail Works in Michigan and Recommendations for Reform (2018)
              Brittan Holland V. New Jersey - United States Court of Appeals for the Third Circuit - No. 17-3104 (2018)
              Bail reform challenge dismissed by federal court judge (2017)
              Racial Disparities in the Massachusetts Criminal System
              POST BAIL: America’s justice system runs on the exchange of money for freedom. Some say that’s unfair. But can data fix it? (2017)
              Do the Math: Money Bail Doesn’t Add Up for San Francisco (2017)
              NPR - Episode 783: New Jersey Bails Out (2017)
              Past Due: Examining the Costs and Consequences of Charging for Justice in New Orleans (2017)
              Detaining the Poor: How money bail perpetuates an endless cycle of poverty and jail time (2016)
              Risk, Not Resources Improving the Pretrial Release Process in Texas (2016)
              Accordion    Court Date Notification
      
      Court Date Notifications: A Summary of the Research and Best Practices for Building Effective Reminder Systems (2021)
              Court Date Notification Systems (2020)
              The Court Messaging Project
              Court date reminder text messages may be reducing failure to appear rates (2016)
              National Center for State Courts (NCSC) - Reminder Systems for Courts (2014)
              Increasing Court-Appearance Rates and Other Benefits of Live-Caller Telephone Court-Date Reminders: The Jefferson County, Colorado, FTA Pilot Project and Resul...
              Reducing Courts’ Failure to Appear Rate: A Procedural Justice Approach (2011)
              Reducing Failure to Appear in Nebraska: A Field Study (2010)
              Juvenile Court Reminder Project (2008)
              Accordion    Detention Impacts
      
      Presumption of Guilt: The Global Overuse of Pretrial Detention

            
      
"Around the world, millions are effectively punished before they are tried. Legally entitled to be considered innocent and released pending trial, many accused are instead held in pretrial detention, where they are subjected to torture, exposed to life threatening disease, victimized by violence
              The Hidden Costs of Pretrial Detention

            
      
"The release-and-detention decision takes into account a number of different concerns, including protecting the community, the need for defendants to appear in court, and upholding the legal and constitutional rights afforded to accused persons awaiting trial. It carries enormous consequences not
              Investigating the Impact of Pretrial Detention on Sentencing Outcomes

            
      
"Each time a person is arrested and accused of a crime, a decision must be made as to whether the accused person, known as the defendant, will be detained in jail awaiting trial or will be released back into the community. But pretrial detention is not simply an either-or proposition; many
              Analyzing Bond Supervision Survey Data: The Effects of Pretrial Detention on Self-Reported Outcomes

            
      
This study's aim is to "shed more light on what the impact of pretrial detention may be on several non-Criminal Justice related outcomes. If we can gain a better understanding of the effects of pretrial detention, even detention for relatively short periods (e.g., less than three days), policy
              Pretrial Detention and Misconduct in Federal District Courts, 1995-2010

            
      
This report “[p]resents findings on general trends in pretrial detention and misconduct in the federal district courts between fiscal years 1995 and 2010. The report highlights trends in the number of defendants released and detained pretrial and examines the changing composition of defendants with
  
      Gatekeepers (2019)
              The Immediate Consequences of Federal Pretrial Detention (2019)
              The Immediate Consequences of Pretrial Detention: Evidence from Federal Criminal Cases (2017)
              Audit of the Department’s Use of Pretrial Diversion and Diversion-Based Court Programs as Alternatives to Incarceration (2016)
              The End of Debtors’ Prisons: Effective Court Policies for Successful Compliance with Legal Financial Obligations (2016)
              The Downstream Consequences of Misdemeanor Pretrial Detention (2016)
              Decision Points: Disproportionate Pretrial Detention of Blacks and Latinos Drives Mass Incarceration (2016)
              The Effects of Pre-Trial Detention on Conviction, Future Crime, and Employment: Evidence from Randomly Assigned Judges (2016)
              Pretrial Detention and Jail Capacity in California (2015)
              Pretrial Detention and the Right to Be Monitored (2014)
              NCSL Pretrial Detention (2013)
              BJS - Pretrial Detention and Misconduct in Federal District Courts, 1995-2010 (2013)
              Jailhouse Lawyer's Handbook - Issues of Importance to Pretrial Detainees (Section J)
              Accordion    Front-End Intervention (Diversion)
      
      Using Front End Interventions To Achieve Public Safety And Healthy Communities

            
      
The symposium highlighted promising law enforcement, prosecutorial, and judicial interventions at the pretrial stage and promoted dialogue among justice practitioners on how front-end interventions could fit within an evidence-based, harm reduction-focused criminal justice framework. As illustrated
              A Framework for Pretrial Justice: Essential Elements of an Effective Pretrial System and Agency

            
      
This document highlights the commitment of the National Institute of Corrections (NIC) to define and support evidence-based practices that improve decision-making at the pretrial stage of our criminal justice system, enhancing the safety of America’s communities and fostering the fair administration
              First-Episode Incarceration: Creating a Recovery-Informed Framework for Integrated Mental Health and Criminal Justice Responses

            
      
"This report, modeled on promising approaches in the mental health field to people experiencing a first episode of psychosis, outlines a new integrated framework that encourages the mental health and criminal justice fields to collaborate on developing programs based on early intervention, an
              Improving Responses to People with Mental Illnesses at the Pretrial Stage: Essential Elements

            
      
"This report introduces essential elements for responding to people with mental illnesses at the pretrial stage, including decisions about pretrial release and diversion. These elements encourage data collection not only to help individual communities, but also for future researchers who are
              Municipal Courts: An Effective Tool for Diverting People with Mental and Substance Use Disorders from the Criminal Justice System

            
      
The opportunity for diverting offenders with mental illness and substance abuse disorders from the criminal justice system when they have their first appearance in a municipal court is explained. Sections of this publication include: introduction; Sequential Intercept Model (SIM); municipal courts
              Measuring for Results: Outcome and Performance Measures for Pretrial Diversion Field

            
      
"This publication outlines suggested outcome and performance measures and critical operational data for pretrial diversion programs. Its goals are to present clearly defined and easily calculable measures that pretrial diversion programs can use to gauge progress in achieving their mission and
  
      National Guidelines for Behavioral Health Crisis Care Best Practice Toolkit (2020)
              Behavioral Health Diversion Interventions: Moving from Individual Programs to a Systems-Wide Strategy (2019)
              Diversion Programs in America’s Criminal Justice System (2016)
              DA’s pretrial diversion program to expand with mental health services (2016)
              After a Crime, the Price of a Second Chance (2016)
              Dothan man gets pretrial diversion for 7 felony drug charges (2015)
              Leaders in the Field Weigh in on the Effectiveness of Diversion Programming (2013)
              A National Survey of Criminal Justice Diversion Programs and Initiatives (2013)
              Emerging Best Practices in Law Enforcement Deflection and Community Supervision Programs
              Accordion    Policy & Legislation
      
      CCCN LIVE National Forum Discussion [Webinar]

            
      
**Objectives:**
      
  Accession Number
              031460
              The Costs of Pretrial Justice

            
      
This "series of briefs which explore the costs of pretrial justice and how those costs can be effectively mitigated through risk-based decision making." "The Cost of Pretrial Justice: This brief highlights costs that local stakeholders should consider when developing pretrial policies and programs
              Trends in Pretrial Release: State Legislation

            
      
"State laws provide a framework for judges and other local officials to determine who is eligible for [pretrial] release and under what conditions. In recent years, state legislation has concentrated largely on individualizing the pretrial process by focusing on specific defendants or offense
              State Pretrial Release Legislation Database

            
      
Accession Number
              029828

            This is the place to look for significant pretrial legislation enacted by states starting in 2012. You can search by topic, state, keyword, status (adopted, enacted, override pending, pending, and to governor), bill number, year, and author. Topics are: Bond Forfeiture and Conditions Violations
              Pretrial Justice: The Colorado Story

            
      
"Over the last few years, Colorado has been working on statewide pretrial justice reform and seen incredible advancements in legislation, policy, and practice. This video chronicles their journey so far in working to establish safe, fair, and effective pretrial justice in the state."
      
  Accession Number
              028362
              Measuring What Matters: Outcome and Performance Measures for the Pretrial Services Field (2nd ed)

            
      
The first edition of this publication was released in 2011. As pretrial services have redefined its goals and strategic objectives, so must its outcome and performance metrics change. To that end-and to ensure that metrics for the field continue to be developed by practitioners-NIC commissioned PEN
  
      Determining the Meaning of a State’s Constitutional Right to Bail Clause for Purposes of the Uniform Pretrial Release and Detention Act
              Mass Incarceration: The Whole Pie (2018)
              Out of Sight: The Growth of Jails in Rural America (2017)
              Era of Mass Expansion: Why State Officials Should Fight Jail Growth (2017)
              Building Gender Informed Practices at the Pretrial Stage (2016)
              Strengthening Pretrial Justice: A Guide to the Effective Use of Indicators (2015)
              Offices of the U.S. Attorneys: Pretrial Diversion Program
              Accordion    Release
      
      County Jails at a Crossroads: An Examination of the Jail Population and Pretrial Release

            
      
"This study is the first to examine the participation of county jails in pretrial release. The report identifies the pretrial status and risk level of the county jail population and variations across counties of different population sizes. Further, this research analyzes the challenges that county
              Trends in Pretrial Release: State Legislation

            
      
"State laws provide a framework for judges and other local officials to determine who is eligible for [pretrial] release and under what conditions. In recent years, state legislation has concentrated largely on individualizing the pretrial process by focusing on specific defendants or offense
              A Brief Overview of Pretrial Release Laws

            
      
"State legislatures consider and enact laws that address all aspects of pretrial policy, including release eligibility, conditions of release, bail, commercial bail bonding and pretrial diversion. These legislative policies have an important role in providing fair, efficient and safe pretrial
  
      Final Report, The Feasibility of Implementing Global Position System Monitoring with Crime Scene Correlation in the State of Ohio
              Criminal and Juvenile Justice Program Open Society Institute-Baltimore (2018)
              NAPSA Pretrial Release
              Accordion    Research
      
      Pretrial Research Summaries
              STATE OF WISCONSIN PRETRIAL PILOT PROJECT
              Research on the Effectiveness of Pretrial Electronic Monitoring (2019)
              Final Report, The Feasibility of Implementing Global Position System Monitoring with Crime Scene Correlation in the State of Ohio
              Open Roads and Overflowing Jails: Addressing High Rates of Rural Pretrial Incarceration (2018)
              Pretrial Jail Incarceration Rate (2018)
              The Effects of Pretrial Detention Conviction, Future Crime, and Employment: Evidence from Randomly Assigned Judges (2018)
              The Loomis Case: The Use of Proprietary Algorithms at Sentencing (2017)
              Ohio Risk Assessment System
              Accordion    Risk Assessments
      
      Assessing Pretrial Risk without a Defendant Interview

            
      
"Although the use of pretrial risk assessments has increased in recent years, the proportion of jurisdictions employing these instruments remains low, and is estimated to be no more than 10%. This low adoption rate is due in large part to the fact that existing risk assessments require that
              State of the Science of Pretrial Risk Assessment

            
      
“This publication is designed for a wide-ranging audience of criminal justice stakeholders who have questions about pretrial risk assessment and its value to the pretrial justice process” (p.3). Sections of this report are: introduction; setting the stage; critical issues related to pretrial release
  
      Colorado Pretrial Assessment Tool Validation Study Final Report (2020)
              Stanford Pretrial Risk Assessment Tools Factsheet Project (2019)
              The PSA: A Re-Validation and Assessment of Predictive Utility and Differential Prediction by Race and Gender in Kentucky (2018)
              Pretrial risk assessment tool developed for Alaska (2018)
              Using Technology to Improve Pretrial Release Decision-Making (2016)
              New pre-trial release program relies on risk assessment (2016)

Contacts for this content
          Ken Rose
      
  Job Title / Position
              Correctional Program Specialist

Division
              Community Services Division

  Agency / Business / Organization
              National Institute of Corrections

  Phone
              771-200-7316

            Contact
          NIC Information Center
      
  Job Title / Position
              Information Specialists

Agency / Business / Organization
              National Institute of Corrections

            Contact the NIC Helpdesk

Divisions
          Community Services Division

  Topics
          Pretrial services

  Audiences served by this initiative
          Community Services Return to top

      About NIC

About the Agency
	Divisions
	Staff Directory
	Contact NIC

NIC Services

Training
	Technical Assistance
	Corrections Forums
	Subscribe to NIC News

Resources

Resources by Role
	Resources by Topic
	NIC News
	NIC Events
  
      Agency logo
              
                              National Institute of Corrections
        
                  NIC Legal Policies and DisclaimersNIC Privacy Policy and DisclaimersPlain Language PolicyAccessibility PolicyDOJ Links:Justice.govOpen GovernmentLegal Policies and DisclaimersInformation QualityPrivacy PolicySmall BusinessOffice of the Inspector GeneralBudget and PerformanceFOIANo FEAR Act DataVulnerability Disclosure PolicyVote.govHave a question about government services? Contact USA.govFollow NIC on X
the National institute of corrections governmental seal