By Jacquelyn Sicilia

Domestic violence has plagued society for years. However, until 1994, domestic violence was not federally criminalized. Today, domestic violence affects over ten million Americans per year. Because of the criminal justice system’s slow reaction to domestic violence, how the criminal justice system handles domestic violence cases is far from ideal. Pretrial release in domestic violence cases is one area of domestic violence that is ripe for research, guidance, and change. Pretrial release brings to light a unique balance; defendants are presumed to be innocent, but at the same time, the fact of arrest may point to an ongoing risk of harm to victims if defendants are released pre-trial. With little known about which pretrial conditions are successful in non-domestic violence cases, the answer of how to strike the necessary balance is even more challenging. This Note examines the different approaches states use to assign pretrial release conditions to domestic-violence defendants who are granted pretrial release and proposes a model statute to address—and effectively account for—the risk of re-abuse and the rights of criminal defendants in pretrial release.

66 St. Louis U. L.J. (2022)., 37p.

By Breanna Boyett, Camella Rosenberg,  Paul Guerin,

As an alternative to incarceration program, the Bernalillo County Metropolitan Detention Center (MDC) Community Custody Program (CCP) aims to reduce recidivism rates among non- violent offenders while decreasing alcohol and substance use for a higher possibility of successful community reintegration. The program provides community-based supervision and treatment reporting for offenders who meet eligibility criteria. This review is designed as a process evaluation and a preliminary outcome evaluation. The evaluation comprises a CCP staff survey and a review of CCP inmate records. The study found that clients who participated in CCP experienced reductions in criminal justice system contacts following CCP. Approximately 70% of CCP participants did not have a court case following their exposure to CCP during the post-period, and 70% were not booked into the MDC following their exposure period. Inmates enrolled in CCP had a statistically significant reduction in both bookings and court cases after involvement in the program. When comparing pre- and post-period bookings and court cases, both felony and misdemeanor level bookings illustrated a statistically significant reduction in the follow up cases in the post-period. Clients who recidivated had the highest number of court cases and bookings in the first year after their time in the program, with recidivism decreasing in the second and third years following their release from CCP. The average client who recidivated did so in the first year post-CCP.

Albuquerque: University of New Mexico, Institute for Social Research , 2023. 37p.

By Robin Joy

This research brief contains a preliminary analysis on the use of Conditions of Release in Vermont Criminal Division and charges of Violations of Conditions of Release if a violation of 13 V.S.A. 7559(e). The purpose of this brief is to inform stakeholders on the following questions: • Who gets conditions of release? • What are the conditions? • Who violates conditions of release? CRG invites inquiries and discussions as we move forward with our research. Several data sources were used in this analysis. The Adjudication Database maintained by CRG was used to answer questions about county use of conditions versus released on own recognizance. The Judiciary created a data set for CRG that gave information on what conditions were imposed on people from March 2021- March 2022. CRG acquired the criminal histories (rap sheets) of people in the data set the judiciary provided to understand more about violations, criminal pasts, and current cases of the people on conditions.

Montpelier VT: Crime Research Group, 2024. 7p.

By Jesse Jannetta and Marina Duane

Pretrial risk assessments are common tools for guiding pretrial release decisionmaking and have been adopted by many of the local jurisdictions. Risk assessment tools have been advanced as a promising alternative to the use of monetary conditions of release. However, as pretrial risk assessments have become more prevalent, they have also been subject to critiques about their potential for exacerbating inequities in the criminal legal system. This case study, part of a series highlighting work supported by the Safety and Justice Challenge, examines how Charleston County, South Carolina, and Lucas County, Ohio, implemented two different pretrial risk assessments and used them to inform pretrial decisions as part of their efforts to reduce the misuse of their jails.

Washington, DC: Urban Institute Justice Policy Center, 2022. 42p.