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.