Applying the Risk-Need-Responsivity (RNR) Model to the Pretrial Decision Context

• In Event: Discretion in Pretrial Decision-Making

Abstract

People charged with crimes are often subjected to unnecessarily restrictive and intensive release conditions during the pretrial period (Zottola et al., 2022). We examined alignment of pretrial release recommendations with principles of the risk-need-responsivity (RNR) model (Bonta & Andrews, 2007) among 246 pretrial professionals (pretrial services staff, judges, lawyers). Participants read a vignette about a person charged with a crime, made a release recommendation, and responded to an open-ended question about additional considerations. We compared differences in release conditions by risk level to examine alignment with the Risk principle, and coded open-ended responses to examine alignment with the Need and Responsivity principles. Chi-square analysis showed participants recommended release with conditions (e.g., case manager check-in, drug testing, electronic monitoring) for high-risk persons and release without conditions for low-risk persons (p=.003). Number of conditions recommended for low-risk (M=1.34,SD=.58) versus high-risk persons (M=1.33, SD=.622) did not differ, t(141)=.057, p=.975. Most participants (n=146) requested no additional information; others asked about criminal history (n=24), mental health/substance use (n=7), housing/employment (n=7), available support (n=5), and community safety (n=5). Findings suggest limited integration of RNR principles in pretrial practices. Increased training and emphasis on RNR principles may improve outcomes during the pretrial period.

Authors

• Samantha Zottola, Policy Research Associates

• Sarah Louise Desmarais, Policy Research Associates

• Kamiya Stewart, Policy Research Associates

• John Monahan, University of Virginia School of Law