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Pretrial Release Policy Forum 2022

June 30, 2022

Meeting Summary

Nationally, about 65% of people in jail are awaiting court action on their cases. Many are not considered to be a flight risk or a danger to the public but remain in jail. Research shows that just three days in jail can cause defendants to lose their jobs, housing and even custody of their children. Longer term, they are more likely to be rearrested compared to similar people who were not detained.

NCSL, with support from Arnold Ventures, held a Pretrial Release Policy Forum in Washington, D.C. from May 18-20, 2022. Legislators and legislative staff from Colorado, Illinois, Kansas, Kentucky, Massachusetts, New Jersey, New Mexico, Washington, Washington, D.C., and Wisconsin gathered for the three-day event to learn about the legal and historical foundations of pretrial release, state models for pretrial services and the role of data and research. Attendees also went through a mock pretrial release process. Take a look below to see the resources from the meeting.

Meeting Purpose

To educate state lawmakers about pretrial legal structures and history; build an understanding about the role that legislatures play in pursuing pretrial policy changes; and learn from an in-the-field experience.

May 18
3-3:30 p.m.

Welcome & Introductions

  • Alison Lawrence, associate director, NCSL Criminal Justice Program
3:30-4 p.m.

Pretrial Release Process 101

Learn about pretrial release practices, key legal terms and concepts, and differences across the 50 states. 

  • Amber Widgery, program principal, NCSL Criminal Justice Program | Presentation

Resources:

4-5 p.m.

History and Legal Foundations

Learn about the various foundational sources of pretrial law—constitutional language, statute, court rules and case law—and their role in building the framework for pretrial policy.

  • Amber Widgery, program principal, NCSL Criminal Justice Program
  • Matt Alsdorf, associate director, Center for Effective Public Policy; Co-Project Director, Advancing Pretrial Policy & Research | Presentation

Resources:

5-6 p.m. Break
6-7 p.m. Reception
7-8:30 p.m.

Dinner: Leading Change

Hear from Judge Glenn Grant about pretrial policy in New Jersey and the recent efforts to make changes.

  • Virginia Bersch, director of Criminal Justice, Arnold Ventures
  • Judge Glenn Grant, administrative director, New Jersey Courts | Presentation
May 19
8-9 a.m. Breakfast
9--9:30 a.m.

Pretrial Services: A National Perspective

Get a snapshot of pretrial services across the country, including models for providing services, the core functions of a pretrial services agency and how those functions are evolving.

  • Amber Widgery, program principal, NCSL Criminal Justice Program | Presentation

Resources:

9:30-10:35 a.m.

Kentucky Pretrial Services Overview

Kentucky is one of the few states with a statewide pretrial services agency. Learn about the core functions of pretrial services in a statewide system and how traditional approaches to pretrial services are evolving to focus on supportive services.

  • Angela Darcy, executive officer, Kentucky Pretrial Services | Presentation

Resources:

10:35-10:40 a.m.

Policy Interlude: Reducing Pretrial Caseloads

A brief snapshot of state policies that can reduce the number of individuals that undergo the pretrial release process through expanded use of citations.

  • Arthur Wagner, policy associate, NCSL Criminal Justice Program
10:40-11:45 a.m.

Washington, D.C. Pretrial System Overview

Get an overview of Washington D.C.’s pretrial system, including assessment and supervision and how practice relates to the law. Learn about the differences in legal framework and practice such as the authorization of, versus the use of, money bond. We’ll also hear about specific federal and local legislative changes made over the years to support the mission of the Pretrial Services Agency for the District of Columbia (PSA).

  • Leslie Cooper, director, Pretrial Services Agency for the DIstrict of Columbia
11:45 a.m.-Noon

Assessment Activity Instructions

Get instructions for the afternoon mock pretrial release process.

Noon-1:30 p.m. Lunch
1:30-3 p.m.

Assessment Activity

Go through a mock pretrial release process, including performing a pretrial risk assessment, viewing the results and going before a judge to have conditions set.

  • Arthur Wagner, policy associate, NCSL Criminal Justice Program
  • Angela Darcy, executive officer, Kentucky Pretrial Services | Presentation

Resources:

3-3:15 p.m. Break
3:15-4:15 p.m.

The Role of Data

Front-end system data can be challenging to collect and analyze given the number of systems involved in the process from arrest through release or detention. Hear about data collection efforts in the states and dive deep into Kentucky pretrial data.

  • Alison Lawrence, associate director, NCSL Criminal Justice Program | Presentation
  • Angela Darcy, executive officer, Kentucky Pretrial Services | Presentation

Resources:

May 20
8-9 a.m. Breakfast
8:30-9:30 a.m.

The Role of Research

Hear about the role that research has in planning for pretrial policy changes and improving pretrial success.

  • Sandra Mayson, University of Pennsylvania Carey School of Law

Resources:

9:30-10:30 a.m.

State Profiles

States have made notable changes to pretrial policy in recent years. Legislative faculty will share specific examples and discuss their own experiences with pretrial release policy.

Resources:

10:30-11 a.m.

AMA Roundtable

This “ask me anything” session is a time to reflect on what you have learned during the meeting and exchange ideas with faculty and peers.

  • Amber Widgery, program principal, NCSL Criminal Justice Program
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