Understanding and Improving Court Appearance Rates

• In Event: Qualitative Research on Pretrial Hearings, Supervision, and Release on Bail

Abstract

This study is focused on understanding defendants’ failures to appear (FTA) in court and informing improvements in FTA outcomes for individuals on supervised release. Judges use risk of FTA as a central consideration when ordering pretrial release, as FTAs present a significant cost to the courts and compel law enforcement action. This study’s sample includes 3,699 unique cases referred to an intensive case management program between May 2016 and April 2020. Inferential analyses are used to identify factors associated with failures to appear and qualitative data provides context and nuance regarding why these factors create barriers to appearing in court. The study finds that individuals with high needs were most likely to miss court hearings. Individuals with unstable housing were nearly 1.5 times as likely to miss court compared to individuals with transitional or stable housing. Medical needs and substance use, employment, childcare, and transportation issues were also identified as impacting court appearance. Additionally, warrants for missed court appearances were usually issued within the first three months of pretrial supervision. These findings reinforce the importance of shifting pretrial supervision practices from a compliance-driven model to a rehabilitative, human service-oriented model where services are frontloaded immediately upon clients’ release from custody.

Authors

• Debbie Mayer, Resource Development Associates

• Matt Miller, San Francisco Pretrial

• Ardavan Davaran, Davaran Consulting