The Felony Pretrial Services Program is administered by the Judicial Supervision & Diversion Programs (JSDP) division of the Second Judicial District Court. Find out more information about JSDP and other court programs.

Pretrial Services Program Overview

The Pretrial Services Program (or PTS Program) supports community safety and helps improve court appearance for individuals with felony-level charges who are released from custody during the pretrial period of their adjudication.

The PTS Program performs a thorough background investigation and provides the Court an accurate assessment of an individual’s likelihood to appear in court and their likelihood of not being charged with new criminal activity. This assessment is just part of the information used by a Judge when making a release or hold-in-custody decision.

When an individual is ordered to the PTS Program by a Judge, the program completes an intake and sets up a supervision plan with the individual. The PTS Program also offers information and assistance with finding and connecting to community supports and services.

Primary goals of pretrial release/detain decision-making:

1. Maximize Release of Pretrial Defendants – this is based on the constitutional right to the presumption of innocence and the presumption of release, and evidence indicating the increased likelihood of negative outcomes caused by detaining low-moderate risk individuals during the pretrial period.
2. Maximize Public Safety
3. Maximize Court Appearance

The Pretrial Services Program consists of three units:

1. Background Investigations Unit

After arrest and in advance of a Judge deciding to release or detain a defendant in a hearing, the Background Investigations Unit completes a standardized, validated risk assessment referred to as the Public Safety Assessment (PSA) for every defendant with felony-level charges who is in custody. This actuarial instrument generates risk scores for defendants using rigorously-tested factors that are shown to more accurately measure the likelihood of future criminal arrest and not appearing in court than when the instrument is not used. An assessment report is provided to the court to inform release or detain decision-making.

In cases where detention of the defendant pretrial is not granted, a Judge determines conditions of release and the appropriate level of supervision based on the information provided in the hearing, including the assessment report and any evidence presented or arguments raised by defense counsel and the state’s prosecuting attorneys.

Defendants ordered to Pretrial Services will be given instructions in the hearing to go to Pretrial Services Offices as soon as possible to complete an “intake.”

2. Intake & Assessment

Once an individual is ordered by a Judge to Pretrial Services, he/she/they must go to the Pretrial Services offices as soon as possible (see Frequently Asked Questions – FAQs and Pretrial Service Tips for more information about when, how and where to report to Pretrial Services Offices).

It usually takes 30 minutes to an hour to complete an intake with a Pretrial Services Team Member. Individuals must complete a few forms to collect important contact information. With a Team Member, individuals will review their conditions of release and go over additional information and instructions.

Importantly, individuals are encouraged to sign up to receive electronic reminders via text and/or email. This allows individuals to receive regular reminders for upcoming court dates and office visits with Pretrial Services. Evidence shows that electronic reminders are one of the best ways to help ensure court appearance by defendants.

Oftentimes individuals must understand how to be compliant with additional conditions, which may include random urinalysis, electronic monitoring (or GPS), or mobile alcohol monitoring. Individuals are provided with reporting instructions that set the frequency and type of regular contact required between Pretrial Services and the individual, among other possible requirements, during the pretrial period. The intensity of reporting requirements is based on the individual’s assessed level of risk.

Individuals will then be assigned to a Pretrial Services Officer who will be the main point of contact and support for the individual during the pretrial period.

3. Pretrial Supervision (or Standard Supervision)

The assigned Pretrial Services Officer will review the case and open communication with the individual.

The Pretrial Services Officer and the individual discuss various aspects of the person’s life and identify where there is an opportunity and willingness to reduce the risk of non-appearance to court and/or community safety. From that conversation, information about behavioral health services and recommendations for treatment, housing/shelter services, education, employment, case management, and income support can be discussed, including assistance with referrals.

The Pretrial Services Officer will work with the client to establish a regular schedule for office visits and fulfill other conditions ordered by the Judge, according to the assessed supervision level and JSDP guidelines.

If a violation of conditions of release occurs, based on the identified severity, the Court and parties may be notified. It is possible that a further condition may be requested, based on the violation, and/or an intervention may be agreed to that aims to further mitigate future risk and support future success. The focus of most interventions will be community-based and non-custodial.

To be successful during the pretrial period, national pretrial supervision standards recommend that conditions applied to an individual be tailored to the individual and their specific, identified needs. Research further indicates that applying structured supervision to ensure an individual’s compliance with conditions of pretrial release is more effective at reducing risk of pretrial misconduct than imposing, “or piling”, multiple blanket conditions.

When determining supervision intensity, interventions are designed around the “risk principle” – reserving more intensive supervision and restrictive conditions for higher risk individuals, while understanding that lower risk individuals will generally perform more compliantly with less intense supervision.

For individuals who consistently adhere to conditions of pretrial release over a period of time, Pretrial Services will review the case and may determine that the individual is eligible for reduced supervision intensity. In such cases, Pretrial Services sends notification to the Court that, barring objections from parties, the individual’s supervision level will be reduced.

How Does a Pretrial Services Program Impact My Community?

Various pretrial services programs and practices around the country have been researched and studied extensively, particularly in recent years. From that learning and examination, a set of best practices have been identified and distilled into a set of national standards that the Second Judicial District Court Pretrial Services Program strives to incorporate and apply. High-performing pretrial services programs like this one are proven to help reduce incarceration rates, reduce racial and economic disparities inherent in the criminal justice system, and are a more cost-effective method for maintaining or improving public safety than incarceration-focused systems.

Individuals who can perform successfully in community during the pretrial period are better able to maintain employment, remain with family, access treatment, and keep stable housing for themselves and their families, which ultimately strengthens communities and reduces pressure and risks to law enforcement.