Pretrial Overview
Purpose of Pretrial Services
To provide to the Court...
1. Verified , objective information on the defendant
2. An assessment of whether the defendant, if released, will appear in court as required, or pose a danger to the safety of any other person or the community;
3. A recommendation as to whether the defendant should be released or detained, and if released, what, if any, conditions are needed to reasonably assure appearance and community safety.
4. PTS does not consider the weight of the evidence against a defendant in determining release or detention, this is the role of the Court. (National Association of Pretrial Services Agencies) NAPSA, www.NAPSA.org
Pretrial Services (PTS) is a risk management activity which:
1. Is Least Restrictive to the defendant
2. Addresses FTA and Danger
3. Is Not rehabilitative
4. Is not intense supervision
5. Does not serve adjudicated individuals
Sequence of
Court Order for Pretrial Evaluation received from the Judge.
Defendant is given interview form in Court.
Interview and testing take place in SJCDC or PTS office.
1. Introduction / Agreement with individual to interview and report.
2. Screening / Inventories
Standardized test and inventories, as needed
3. Interview- (follows C. Factors to be considered in determining conditions of release N.M.C & T.L pg. 970)
Acceptance and Approval of Pre-Trial Interview
Physical and Mental Health
Residence
Family Ties
Substance Abuse Screening
Employment History
Financial Resources
Legal History (NCIC, III, NMCJIS, Local)
Mental Health Screening
4. Written Report
2 - 3 pages
Assessment of nonappearance
Assessment of danger to others or community
Recommendations
Benefits of Pretrial Services: Pretrial Services’ role enhances the overall administration of justice by serving as a resource for criminal justice agencies and for the citizens of
For the Court: The extensive background investigations conducted by Pretrial Services results in the court having comprehensive information when determining conditions of release.
For the Prosecution and Defense: The recommendations written by Pretrial Services are based on extensive investigation with verifiable information.
For the Defendants: Each defendant receives fair consideration in determination of suitability for release.
For the Jail: The screening of incarcerated defendants and recommendations of release helps reduce the cost and demand for jail space.
For the Community: The investigation by Pretrial Services assisting identifying those arrestees who would present a potential danger to the community if they were released.
