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First Appearance | November-December 2023

December 13, 2023

NCSL’s Pretrial Policy Fellows

Alida Hotel in Savannah, Ga. Clockwise from back-left: Sen. Barry Usher, Rep. Tavia Galonski, Judge Ernesto Caposela, Tim Schnacke, Rep. Kelly Cassidy, Sen. Ryan Lynch, Sen. Briggs Hopson, Rep. Shelia Stubbs, Rep. Roger Goodman, Rep. Tommy Reynolds, Daniel Druilhet, Sen. Elgie Sims, Sen. Brian Pettyjohn and Scott Kelly.

NCSL’s Pretrial Policy Fellows recently completed the year-long peer learning program designed to support lawmakers and legislative staff working on a variety of topics related to pretrial policy. The program included two in-person meetings and additional online training opportunities. Twelve fellows from eight states are pictured at the final in-person meeting in Savannah, Ga. with faculty New Jersey Judge Ernesto Caposela and Tim Schnacke, the executive director of the Center for Legal and Evidence-Based Practices.

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New NCSL Pretrial Legislation Database

NCSL just launched a new database that contains pretrial release legislation from all 50 states, D.C. and the territories. Topics tracked in the new database include conditions of pretrial release, commercial bondsmen regulation, pretrial services, data collection and more! Check out preliminary 2023 enactments now.

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Legislator Police Academy Sparks Bipartisanship

NCSL’s yearlong Legislator Police Academy brought together lawmakers from very different backgrounds to work across the aisle and across the country on policy topics related to police accountability. In this episode, we learn how the legislators put aside seemingly insurmountable differences and, with patience and constructive conversation, discovered plenty of common ground.

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When Do I See My Attorney?

The right to counsel is critically important in the American legal system, but state law does not often clearly define when a person will actually first have access to an attorney. Learn about the legal foundations and what guidance state law provides on this issue in NCSL’s new brief.

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Policymakers Weigh Pros and Cons of Court Fines and Fees

Thousands of people who come into contact with the justice system—no matter how minor the offense—can find themselves ensnared by a cycle of debt. Learn about recent state actions to address this issue including states that have limited or repealed laws concerning the imposition of fines and fees or prohibited penalties such as suspending an individual’s driver’s license for failure to pay court debt.

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In the News

Limited Access to Veterans Court

“Nearly 9 in 10 U.S. counties do not have an active veterans treatment court.” A third of veterans report being arrested at some point in their lives and there is a strong link between justice system involvement and suicide among veterans. Read this new opinion piece about how to better support veterans.

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The Meaning of “Bail”

Statute defines the term bail very differently across the states. In some places, it can refer to types of bond, a monetary condition of release, the entirety of the pretrial release process or the person who acts as surety or bail bondsman. The Illinois Supreme Court recently looked at the history of the term and what it means in their state. Matt Alsdorf looks at the history of bail, the Illinois case and the broader context of pretrial policy in a new opinion piece.

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The Cache

  • The Substance Abuse and Mental Health Services Administration recently published a new report on competence to stand trial and the restoration process. See Appendix II for a review of 50-state law.
  • The Council on Criminal Justice shared two new resources looking at research questions related to pretrial policy: 1) Does being detained pretrial affect a person’s likelihood of incarceration? and 2) Does bail reform increase crime?
  • The Policing Project published a new report looking into changes to Denver’s first response model, focusing in particular on the city’s new Support Team Assisted Response, or STAR, program.
  • new report explores the meaning of community safety for people who live and work in three US counties. Each county faces some challenges that impact views of safety. Missoula County, Montana; St. Louis County, Missouri; and Mecklenburg County, North Carolina are all currently working on interventions around crime and community safety funded, in part, through the John D. and Catherine T. MacArthur Foundation‘s Safety and Justice Challenge initiative.
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