NCJ Number
88156
Date Published
1982
Length
32 pages
Annotation
Most State laws concerning the consideration of dangerousness in the pretrial release decision fit into one or more of eight categories of pretrial crime control measures.
Abstract
In four States and the District of Columbia, the laws specify that persons charged with certain serious crimes have no right to bail. Ten States and the District of Columbia specifically provide for consideration of danger to the community. Five States require an assessment of the risk the defendant's release poses to the safety of the community. In 13 States plus the District of Columbia, conditions of release may include those related to crime control. Five jurisdictions permit the denial of bail for defendants who have been previously convicted or a certain crime or crimes and are currently charged with certain serious crimes. In 10 States, the defendant's initial release is conditioned upon lawful behavior. Nine States limit the defendant's right to bail for an offense allegedly committed while at liberty on pretrial release. Four States and the District of Columbia permit the imposition of pretrial detention for crime control purposes. Appendixes identify the constitutional and statutory provisions relating to pretrial release in each State, present the text of part of the Federal Bail Reform Act of 1966 and the District of Columbia's Court Reform and Criminal Procedures Act of 1970, and provide related materials. A total of 30 footnotes are included.