The Trajectory of Pretrial Non-compliance in Relation to Detention Length and Financial Bail

• In Event: Pretrial Justice Working Group: Findings From Four Pretrial Studies

Abstract

Pretrial detention and financial bail are used by judicial bonding authorities to mitigate the perceived risk of pretrial non-compliance. Prior literature demonstrates that pretrial detention and financial bail practices can negatively impact a pretrial defendant’s employment (Gupta, Hansman & Frenchman, 2016), increase the likelihood of being incarcerated (Freiburger & Hilinski, 2013; Philips, 2012; Steffensmeier & Demuth, 2006), and sentence length (Oleson et al, 2016; Williams, 2003). Additionally, these practices carry negative implications for racial and ethnic disparities in pretrial and sentencing processes (Schlesinger, 2005; Demuth, 2003). The present study uses a multi-county sample of bonded pretrial defendants to test the relationship between pretrial detention length and financial bail to pretrial non-compliance trajectories. Non-compliance is defined as either a new arrest or failing to appear for a scheduled court date while released on bond. Group-based trajectory modeling is used to account for the heterogeneity in the probability of non-compliance occurring between bond-release and sentence disposition. The study findings provide insight about whether lengthy pretrial detention or financial bail are useful for mitigating the risk of pretrial non-compliance. Implications of these findings are relevant to pretrial decision-making and financial bail practices.

Authors

• Victoria Terranova, University of Northern Colorado

• Jessie Slepicka, University of Northern Colorado

• Kyle Ward, University of Northern Colorado