COVID-19: JUSTICE RESPONSES FOR PRETRIAL RELEASE AND JAILS APRIL - - PowerPoint PPT Presentation

APRIL 29, 2020

COVID-19: JUSTICE RESPONSES FOR PRETRIAL RELEASE AND JAILS

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AGENDA FOR COVID-19 VIRTUAL MEETING



Welcome



Amber Widgery, NCSL program principal



Chief Justice Bridget McCormack, Michigan Supreme Court



Director Laurie K. Dudgeon, Kentucky Administrative Office of the Courts

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Q&A This virtual meeting is made possible through the generous support of The Pew Charitable Trusts' public safety performance project.

NOTES FOR TODAY’S VIRTUAL MEETING

 Type your questions in the chat box on the right side of your screen.  Questions will be read by the moderator.  Do not share your screen under any circumstances.  This meeting will be recorded. The recording and slides will be publicly

posted: https://www.ncsl.org/research/civil-and-criminal-justice/justice- responses-to-covid-19-ncsl-virtual-meetings-resources.aspx

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CITATION IN LIEU OF ARREST

 Citation in lieu of arrest  Release eligibility  Presumptions of release on recognizance and least restrictive conditions  Limiting financial conditions of release  Victim safety and participation

RESPONDING TO COVID-19 WITH EXISTING LEGAL FRAMEWORKS

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CITATION IN LIEU OF ARREST

 Citation in lieu of arrest is permitted in every

state.

 State laws generally provide law enforcement

agencies and individual officers with discretion for using citations.

CITATION IN LIEU OF ARREST

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CITATION IN LIEU OF ARREST

 Most states authorize citations

for low-level offenses.

 Eight states allow the use of

citations for certain felonies.

 Seven states provide general

authorization for law enforcement to issue citations without specifying level of

• ffense.

CITATION IN LIEU OF ARREST

Misdemeanors Misdemeanors & Felonies General Authority

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 19 states have a broad constitutional

right to release, authorizing preventative detention only for capital

• defendants. For all other defendants,

conditions of release must be set.

 22 states have constitutional provisions

that limit preventative detention to statutorily or constitutionally defined

• defendants. Release conditions must

be set for all other defendants.

 The remaining 9 states have statutory,

not constitutional, provisions that allow for some form of limited preventative detention.

RELEASE ELIGIBILITY

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CITATION

 Nearly half the states have a presumption of release on recognizance or

non-financial conditions.

 At least 18 have a presumption of release on the least restrictive or

• nerous conditions.

 A handful of additional states require the courts first consider

recognizance or less restrictive means of release before requiring more restrictive conditions of release.

COURT GUIDANCE: LEGAL PRESUMPTIONS

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Significant Recent Legislation has:

 Limited courts’ ability to impose financial conditions in certain cases or prohibited

financial conditions for certain classes of offenses.

 Required courts to consider a defendant’s ability to pay financial conditions or

pretrial supervision fees.

 Sped up review of conditions of release for those who aren’t able to meet initial

conditions.

LIMITATIONS ON FINANCIAL CONDITIONS

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 The majority of states give victims the right to be notified of a

defendant’s release.

 The majority of states have laws addressing victim participation

during the pretrial stage.

 This includes the right to be heard or the right to be consulted.

 Other considerations:

 Cooling off periods  Consideration of victim safety

VICTIMS AND THE PRETRIAL PROCESS

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UPCOMING VIRTUAL MEETINGS IN THIS SERIES

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COVID-19: Congressional Appropriations for Justice and Homeland Security Programs Wednesday, May 6, Noon PT / 3 p.m. ET Register for Virtual Meeting

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COVID-19: Juvenile Justice Responses* Wednesday, May 13, Noon PT / 3 p.m. ET Register for Virtual Meeting

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COVID-19: Federal Justice and Homeland Security Agency Responses Wednesday, May 20, Noon PT / 3 p.m. ET Register for Virtual Meeting

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COVID-19: Justice Responses for Community Supervision* Wednesday, May 27, Noon PT / 3 p.m. ET Register for Virtual Meeting *This virtual meeting is made possible through the generous support of The Pew Charitable Trusts' public safety performance project.

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