Pretrial Release (2019)

LWVMD believes that:

(1) Conditions for pretrial release should be determined based on a validated, evidence based, race neutral risk scoring instrument; information presented at the initial appearance and bail review hearing and an in-person assessment of the defendant whenever possible. 

(2) Pretrial services should be required in all jurisdictions, provide supervision and use automated means of ensuring court appearances and include a range of services including treatment programs. 

No consensus was reached on the following issues:

  • The general statement that bail should be abolished.
  • The role of judicial discretion in determining pretrial release.
  • The source of funding for pretrial release services. (Any position on funding would require addition study by the League)
  • The statement that bail bond agents should be utilized to supervise released defendants and track down any who fail to appear.