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Pretrial Information & Resources

Indiana Department of Correction (IDOC) Community Corrections Division

Pretrial Information Sheet

 

 

Pretrial participants should be supervised according to research-based best practices

Pretrial Supervision

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

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.