NCSL Pretrial Quarterly Newsletter

October 2016

The Pretrial Quarterly is an NCSL electronic newsletter for state legislators, legislative staff, and others interested in pretrial release policy. This newsletter provides quarterly updates on state pretrial action and legislation and new NCSL resources. It also links to latest research and highlights pretrial policy in the news.

from the states

• The New Mexico Legislature referred a constitutional amendment on bail to voters that if approved would authorize courts to deny pretrial release for dangerous defendants in felony cases and ensure that defendants are not held due to inability to post financial or property bond.
• State law provides a legal framework to ensure that defendants are aware of their right to counsel and that counsel is appointed in a reasonable amount of time. NCSL has summarized the constitutional and statutory requirements for every state.
• A new interactive 50 state map from NCSL shows some of the most common conditions of pretrial release authorized by state law.
• The Indiana Supreme Court adopted a new rule stating that an arrestee who does not present a substantial risk of flight or danger to themselves or others should be released without monetary conditions.
• Arizona Supreme Court “Task Force on Fair Justice for All” recommends pretrial policy changes.

the cache

• Laura and John Arnold Foundation: Public Safety Assessment – Risk Factors and Formula. Bonus: New Ohio data.
• Kentucky Court of Justice: Virtual Tour of Kentucky Pretrial Services.
• National Drug Court Institute - Painting the Current Picture: A National Report on Drug Courts and Other Problem-Solving Courts in the United States.
• Harvard Law School Criminal Justice Policy Program: Moving Beyond Money.
• ACLU of Washington: No, Money, No Freedom – The Need for Bail Reform.
• Center for Court Innovation: Reducing Jail and Protecting Victims – A Roundtable on Pretrial Supervised Release.
• Vera Institute of Justice & Safety + Justice Challenge: Women and Jails in an Era of Reform.
• The Pretrial Justice Institute has launched an online learning community, University of Pretrial. Create a free account to find more resources like those featured in The Cache.

in the news

• New Mexico Supreme Court Justice Charles Daniels says that the proposed amendment to bail provisions in the state’s constitution “is the single most important criminal justice reform” that he’s worked on.
• The Maryland Attorney General Brian Frosh has concluded that the state’s practice of jailing defendants who are unable to afford cash bail would likely be found unconstitutional.
• The Department of Justice filed a brief with the 11^th U.S. Circuit Court of Appeals supporting the case of a Georgia man who spent six days in jail because he couldn’t afford a $160 bail amount.
• The Council of State Governments Justice Center sits down for a Q & A session with Utah’s Assistant State Courts Administrator Richard Schwermer to learn more about developing mental health courts.
• October is Domestic Violence Awareness Month. Find out more about how money bond is not enough to protect victims of domestic violence. (Watch NCSL’s video to see what states have been doing to protect victims during the pretrial stage of a criminal case).
• NCSL’s Alison Lawrence blogs about how state legislatures are assisting local jurisdictions to address jail usage.
• A Formula to Make Bail More Fair.
• Pretrial detention is linked to an increase in guilty pleas and a drop in employment according to a new study.

This newsletter is prepared under a partnership project of NCSL’s Criminal Justice Program and the Public Welfare Foundation. Links to external websites and reports are for information purposes only and do not indicate NCSL’s endorsement of the content.