Pretrial Information & Resources
Pretrial participants should be supervised according to research-based best practices
Criminal Rule 26 was codified in IC 35-31-2-121.5 and states that the court should utilize the results of an evidence based risk assessment along with other relevant information when making pretrial release decisions
- The goals of pretrial supervision are to: (1) maximize the release of pretrial defendants (recognizing the presumption of innocence and the harmful effects of pretrial detention); (2) maximize public safety; and (3) maximize court appearance.
- Participants on pretrial supervision should be assessed using a validated risk assessment tool (such as the IRAS-PAT. Assessment(s) should be conducted soon after booking to allow for the least amount of detainment for low-risk participants prior to arraignment.
Goals of Pretrial Supervision (As outlined by National Institute of Corrections - NIC)
- To maximize the release of pretrial defendants
- Recognizing the presumption of innocence and the harmful effects of pretrial detention
- To maximize public safety
- Keeping high risk defendants in custody
- To maximize court appearance
- Utilizing risk assessment data in addition to telephone court reminders
Release Conditions (As outlined by American Bar Association - ABA)
- The least restrictive conditions of release to reasonably ensure public safety and that the defendant does not flee
- Conditions should be individualized to the circumstances of the case and defendant
- The court should have a range of options for release conditions that best serve to protect public safety and the defendant’s personal liberties
- If no conditions release will meet the goals of pretrial supervision, the defendant should be detained
- The use of Electronic/GPS Monitoring might increase release rates for high risk defendants
- From the Pretrial Practices Manual by the Indiana EBDM Work Group
Pretrial Risk Assessment (As outlined by research from The Arnold Foundation)
- Utilize a validated risk assessment tool such as the IRAS-PAT
- Using actuarial assessments improves the accuracy of pretrial decision-making leading to reduced harm to defendants and improved public safety
- Pretrial risk assessment tools measure the defendant’s risk of:
- Reoffending during the pretrial release period
- Failing to appear in court
- Pretrial supervision of high and moderate risk defendants increases the court appearance rate
Programming and Services (As outlined by National Association of Pretrial Services Agencies – NAPSA)
- Defendants who voluntarily agree to participate in programs or services should be assessed with an alternative actuarial assessment tool to ensure there is a moderate to high need for participation in the program or service.
- Unless ordered as release conditions, programming and services should only be administered to volunteer defendants.