NCJ Number
87518
Date Published
1981
Length
18 pages
Annotation
Achieving the safe release of the greatest number of persons possible on the least restrictive conditions possible should be the goal of the Bail Reform Act, and the work of pretrial services agencies (PSA's) facilitates the achievement of this purpose.
Abstract
Stumbling blocks to achieving the goal of the Bail Reform Act include the inability under the current law to set conditions designed to protect the community, the existence of financial conditions which preserve the potential for discriminatory practices based on financial ability, in adequate information for intelligent decisionmaking, and supervision that will ensure appearance in court and acceptance by those charged with implementing the law of the principles upon which it is based. PSA's dramatically affect the bail-setting practices of judicial officers. The philosophical orientation of the administrators affects the design and implementation of the operations of those agencies. The PSA's should be independent in structure, philosophy, ideology, and practice. This independence is more likely to be ensured if the director is a member of the bar trained in the legal principles which must take precedence at the bail decision. Further, the ultimate governing authority must provide some insulation from direct individual judge control while ensuring responsiveness to the group responsible for setting bail. (Author summary modified)