Pretrial Release Recommendations

The American Bar Association and National Association of Pretrial Services Agencies standards state that pretrial programs should recommend the most appropriate release for individuals awaiting trial to the judge who must make the release decision. 

Survey of Pretrial Programs:  The Practice of Pretrial Programs on Making Recommendations

PJI has recently released the fourth national survey of pretrial services programs. Previous surveys were conducted in 1979, 1989, and 2001.

Listed below are the findings relating to the recommendations made by pretrial services programs.

Number of Programs Making Recommendations Drops

The ABA and NAPSA standards require pretrial programs to make recommendations regarding the most appropriate release decision (ABA Standard 10-1.10(b); NAPSA Standard III.D).  Eighty eight percent of pretrial programs participating in the 2008 Survey of Pretrial Programs reported that they make recommendations to the court.   

Although the standards do not address directly the types of recommendations that pretrial services programs should make, the ABA and NAPSA standards state a clear preference for the use of non-financial release conditions over financial bail.  The 2008 survey data show that 82 percent of programs make recommendations for release on recognizance (ROR) and 70 percent for non-financial conditional release.  Recommendations for all types of financial types of release have decreased in comparison to the prior three surveys; however, about one in four (28 percent) programs make recommendations that combine supervision with financial conditions. 

According to the ABA standards, “The results of the pretrial services investigation and recommendation of release options should be promptly transmitted to relevant first-appearance participants before the hearing”(Standard 10-4.2 (h)). The NAPSA standards state that the report should be presented to the court “concisely in writing” with copies to the prosecution and the defense (Commentary to Standard X.A.3).

A little more than three out of every four pretrial programs provide a written report to the court at initial appearance; 43 percent also provide a written report to the prosecutor and 41 percent to the defense.  About a quarter of the programs provide an oral report, either in addition to or in lieu of a written one.

The NAPSA standards state that pretrial services programs should have staff present at the defendant’s initial court appearance “to answer questions concerning the agency’s report and recommendations and to explain conditions of release and sanctions for non-compliance” (Standard X.A.4).  The 2008 shows that 63 percent of the programs provide staff coverage at the first appearance. 

This section contains the chapters of each set of standards related to this topic, examples submitted by programs, related publications and results from PJI’s Survey of Pretrial Programs series.