Pretrial Release Patterns in Pennsylvania: What Shapes MDJ Decisions?

• In Event: Emerging Issues and Innovative Methods in Pretrial Justice

Abstract

Decisions about pretrial release conditions – including but not limited to monetary bail – are a key influence on admissions to local county jails. This paper examines patterns in pretrial release decisions, as well as monetary bail conditions, across several counties in Pennsylvania. Using ten years of administrative court data, it provides a descriptive mapping by charge type and by county, focusing on discretionary decision points for lower-level charges. To understand the mechanisms and real-life practices behind some of these patterns, this study also draws on findings from court-watching of initial hearings in one county. It analyzes the rationales MDJs offer for their decisions, when and how they depart from recommendations from attorneys or pretrial services, and how these patterns match existing rules and best practices. Then, it offers policy options aimed at reducing pretrial detention, including potential adjustments to formal rules and guidance for pretrial decisions, addressing knowledge gaps among court actors, and shifting the assumptions and incentives that shape judicial discretion.

Author

• Jennifer Peirce, Vera Institute of Justice