The imposition of pretrial special conditions on released federal defendants

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

Abstract

In the federal justice system, defendants placed on pretrial release are potentially subjected to a range of special conditions aimed at ensuring court appearances and maintaining public safety. These special conditions encompass several objectives directed at restricting, monitoring, or rehabilitating the defendant. In general, little is known about the types and numbers of conditions imposed on released federal defendants, the extent to which special conditions are associated with pretrial risk as measured by the federal Pretrial Risk Assessment (PTRA) instrument, and the potential of these conditions to maximize court appearances and minimize pretrial crime. The current study seeks to address these issues by examining the imposition of pretrial conditions on nearly 116,000 federal defendants placed on release between 2012-16. Results show special conditions being imposed on nearly all released federal defendants (93%) with relatively modest associations between the various special conditions and a defendant’s PTRA risk classifications. Results also show special conditions being associated with higher rates of pretrial failure for defendants designated low risk by the PTRA; however, some conditions (i.e., location monitoring or third-party custody) were associated with reductions in pretrial recidivism for higher risk defendants.

Author

• Thomas H. Cohen, Administrative Office of the U.S. Courts