Alaska
§ 33.07.010 et seq. |
Yes |
All defendants |
Corrections department required to create pretrial services program. Pretrial services office to conduct risk assessment and make a recommendation to the judge before a defendant’s first appearance. |
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Arizona
State Court Rules
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No |
All defendants |
Adopted in 2017, requires courts to use risk assessment statewide.
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Requires “individualized determination” of defendant’s “financial circumstances” rather than reliance on a bail schedule. |
California |
* |
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*§ 1320.35 requires agencies that use a pretrial assessment tool to get it validated. Requires Judicial Council to keep list of validated assessments on file. |
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Colorado
§ 16-4-103 et seq.
|
Yes |
Any defendant |
Requires, if a bond schedule is used, factors addressing the individual risk a defendant poses be considered and prohibits the bail decision from being based solely on the alleged offense. Requires courts, if practical, to consider results of an “empirically developed” risk assessment instrument. Allows a judge to have any bail-eligible defendant evaluated by a pretrial services program so that recommendations on appropriate release conditions can be made. Requires that the chief judge in every judicial district consult annually with counties to develop pretrial services programs.
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Court to take into consideration defendant’s “financial condition.”
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Connecticut
§ 54-63b et seq. &
this report |
*No |
Defendants not released on personal recognizance or unsecured bond, or unable to meet financial conditions. |
*Statute does not specifically require use of a risk assessment tool. However, the statute does specify a set of weighted criteria that the state had used to inform release staff since the 1980s. The state adopted their first actuarial risk assessment in 2003. |
Statute requires Court Support Services Division to establish uniform weighted release criteria, considerations to include “defendant’s financial resources. |
Delaware
11 § 2104
|
Yes |
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Requires objective tool that gauges defendants’ risk of flight and re-arrest to help magistrates make informed decisions about the conditions of pretrial release. Specifies that any such risk assessment tools are not binding on the court and that they are factors to be considered in the totality of the circumstances when determining conditions of release imposed on the defendant. |
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Georgia
§ 17-6-1
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When determining bail, court to consider defendant’s financial resources and obligations (including to dependents). |
Hawaii
§ 353-10 & § 804-9
|
Yes |
Adult defendants |
Requires risk assessments within three working days of admission to a community correctional center, which must then be provided to the court for consideration when determining conditions of release. |
Requires intake service centers to inquire and report on a defendant’s financial circumstances. Requires courts to consider a defendant’s ability to afford bail if financial conditions are set. |
Idaho |
* |
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*If pretrial risk assessment is used § 19-1910 outlines requirements for tool. |
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Illinois
725 ILCS 5/110-5 & this policy
|
Yes |
All defendants |
State supreme court may establish a risk-assessment tool for establishing bail. |
Requires the amount of bail to be “considerate of the financial ability of the accused” |
Indiana
§ 35-33-8-.05
& this rule
|
Yes |
All defendants |
Requires Supreme Court to adopt rules to establish pretrial risk assessment. Requires a court to consider the pretrial risk assessment (if available) and bail guidelines when setting bail and conditions of release. The court is not required to use assessment if it would delay defendant’s release. |
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Kentucky
§ 431.066
|
Yes |
All defendants |
Court to consider risk assessment in determining release and bail. |
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Massachusetts
276 § 57
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Defendant’s financial resources to be considered when setting bail. |
Michigan |
* |
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*SB 848 (2018) appropriates funds and requires the state court administrative office to pilot a pretrial risk assessment tool.
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Montana
MT SB 59 (2017)
|
* |
Felony defendants |
*Requires the office of the court administrator to develop and administer a pretrial program for felony defendants. Requires courts accepting specified funds to use a validated risk assessment tool. |
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Nebraska
§ 29-901 |
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Judge must consider defendant’s “financial ability” to pay bond. |
Nevada
This order
|
No |
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Effective in 2019, the state Supreme
Court adopted a statewide risk assessment.
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New Jersey
§ 2A: 162-16 et seq.
|
Yes |
Defendants not charged on a complaint and summons. |
Pretrial services program administers risk assessments and make recommendations for release and appropriate conditions. Requires pretrial services organization to supervise pretrial defendants. |
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New Mexico
These rules
|
No |
Any defendant |
Effective in 2017, court rules require consideration of any available results from
a pretrial risk assessment instrument which has been approved by the Supreme Court for use in the jurisdiction.
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Requires court to consider financial resources of defendant while setting least restrictive conditions of release. |
New York
§§ 510.45 &
510.30 |
Yes |
Any defendant |
Requires any risk assessment tool results used in a release or conditions determination to be available to defendant upon request. Also sets requirements for validation of tool.
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Court must take into account defendant’s individual financial circumstances including ability to post bail without undue hardship and ability to obtain a bond. |
Pennsylvania
18 § 2711
|
Yes |
Defendants charged with domestic violence offenses. |
Presiding judge of courts of common pleas authorized to adopt a pretrial risk assessment tool. Tool may be used to determine whether defendant poses threat to victim. Tool cannot be only consideration. |
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Rhode Island
§ 12-13-24.1
|
Yes |
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Pre-arraignment report may include results from a risk screen. Risk screen defined as a “validated, empirically based pretrial risk tool…” |
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Utah
This resource
|
No |
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Courts are piloting the “Public Safety Assessment.” |
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Vermont
13 § 7554 et seq. |
Yes |
Defendants who are unable to post bail within 24 hours, charged with sex offenses requiring registration, or charged with a crime whose sentence is life imprisonment. |
Results are to be used by court to inform decisions of release and conditions. |
Requires consideration of financial means if requiring execution of secured appearance bond. |
Virginia
§ 19.2-152.3
|
Yes |
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Instructs the Department of Criminal Justice Services to develop a risk assessment to be used by pretrial services agencies in jurisdictions that elect to establish pretrial services. Tasks the department with prescribing standards for the development, implementation, operation and evaluation of pretrial services.
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West Virginia
§ 15A-5-7
|
Yes |
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Within three calendar days, risk assessment (approved and adopted by state Supreme Court) shall be administered. |
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