What is pretrial services? When were you last stuck in the waiting room for your doctor or dentist? Wouldn’t it have been nice if a personal assistant could help speed things up, pass along any updated information you have, and complete last-minute forms on your behalf?
Pretrial is the waiting room of America’s criminal justice system. Defendants stand by while courts complete administrative tasks and decisions to prepare for trial. To get through this stage as efficiently as possible, courts use Pretrial Service Programs to gather information, make recommendations, and enforce any requirements of a defendant’s pretrial release.
To illustrate how important these programs are, the following will explore how they’re involved in the pretrial phase, their purposes, the functions they fulfill, and some examples of the services they provide.
Pretrial Service Programs
Pretrial is the time between a defendant’s arrest and their potential trial. Courts use this time to review information about the defendant and resolve any administrative requirements (e.g., plea bargaining, filed motions, scheduling, etc.) to help the potential trial run smoothly.
One important decision during this period revolves around whether or not to detain the defendant in police custody until the trial begins. Courts will use a pretrial services officer to facilitate this stage by having the officer collect and share relevant information about the defendant. Based on that information, the judge will decide if the defendant is a risk or danger to another person (or the larger community) and choose to either keep the defendant in custody or allow them to be released until their trial begins.
If the judge allows the defendant to be released, they usually must comply with certain requirements, such as GPS monitoring or random drug and alcohol tests. These requirements are administered by either the court’s own pretrial services officers or those provided by contracted third parties.
Altogether, pretrial services programs have existed for decades and primarily function at the federal or local level, though a few states have statewide programs too.
Pretrial Services Program Legislation
There have been two main pieces of federal legislation affecting U.S. pretrial services: the Bail Reform Acts of 1966 and 1984.
The first act established the requirement that judges review and consider information on the defendant when making their decision about pretrial release, while the second required judges also to consider public safety as part of their decision-making process.
In the years that followed, most states adopted similar legislation for their court systems, but the requirements for a defendant’s pretrial release can vary from state to state. For example, some states (like Missouri) don’t allow courts to deny pretrial release for certain nonviolent offenders just because the defendants can’t afford to pay bail.
What is the Purpose of Pretrial Services?
Pretrial service programs serve several roles and provide several benefits to American court systems, including:
Role | Example |
Logistical Solutions | Provide information courts need for pretrial release decisions |
Provide necessary services for release requirements (e.g., active supervision, alcohol monitoring, etc.) | |
Practical Benefits | Alleviate prison overcrowding |
Avoid unnecessary jail costs | |
Avoid restricting a defendant’s access to their lawyer or ability to build a defense | |
Judicial Ideals | Promote tenet of “innocent until proven guilty” by not detaining potentially innocent individuals |
Supports judicial equality by not limiting release to only those who can afford bail |
What Do Pretrial Services Do?
According to the pretrial release standards of the National Association of Pretrial Services Agencies (NAPSA), pretrial service programs should revolve around certain core functions:
- Review the status of detained defendants to determine their eligibility for pretrial release
- Collect and verify background and criminal history information for all defendants eligible for pretrial release
- Assess a defendant’s likelihood to fulfill future court appearances and not commit a crime while on pretrial release, using factors shown by research to predict the likelihood of pretrial failure
- Use a defendant’s background information, criminal history, risk assessment results, and other information to:
- formulate appropriate risk assessment results
- recommend appropriate conditions of pretrial release and supervision
- supervise and monitor defendants during pretrial release
- Monitor and supervise released defendants based on the court’s conditions for that release, including behavior health services and/or treatment
- Notify the court, prosecution, and defense of a defendant’s compliance with release conditions and recommend any appropriate changes to pretrial release status and conditions
Specific Pretrial Service Examples
Within their broader functions, pretrial service programs can perform a range of tasks to comply with the court’s pretrial release requirements, regardless of whether the officer is employed by the courts themselves or provided by a contracted third party. Some of these tasks include:
- Background investigations and reporting
- GPS monitoring (e.g., anklets, bracelets, mobile devices, etc.)
- Active supervision or house arrest
- Drug and alcohol testing and monitoring (e.g., urine tests, breath testing devices, etc.)
- Treatment program completion tracking
Conclusion
Pretrial Service Programs fulfill a vital role in America’s criminal justice system. Not only do they provide multiple benefits and solutions that expedite the trial process, but their involvement helps protect the rights of defendants waiting for their day in court to arrive. If you’re curious about the pretrial services available near you, contact Judicial Services of the Ozarks to learn more.
