Availability of Detention With Due Process
States should ensure that bail statutes include a provision for risk-based preventive detention.
This tool is needed by courts to order detention through due process for defendants who pose unmanageable risks to public safety or are at high risk of failing to appear in court. The existing practices of setting high dollar bonds and hoping the defendant cannot make the bond violates due process. Also, statutes that allow for preventive detention only in capital cases or other listed offenses should be altered to require risk, not offense, as the basis for allowing detention pretrial.
American Bar Association Standards
Standard 10-5.8 through 10-5.10
New Jersey Jail Population Analysis - VanNostrand 2013.pdf
|Date:||March 28, 2013|