The Role of Release Recommendations in Judicial Decision-Making Regarding Personal Recognizance Bond Issuance and Court Conditions for Compliance

Offender history often predicts risk of recidivism, creating guidelines for sentencing recommendations and decisions. Individual-level variables also predict risk for failure in pretrial programs, guiding recommendations for conditions of pretrial release. This study aims to determine the extent to which judges follow recommendations of conditions for release from pretrial services program staff, and if any departure from recommendations affects outcomes in failure to appear and new charges. Using bivariate and logistic regression analyses, results indicate that judges agree with the recommendations of pretrial most of the time. Additionally, departures from recommendations do not increase the risk of failure in a pretrial release program. The use of supervision with monitoring based on offense, not risk, is a potential explanation for these results. Judges should be provided with as much validated information on a defendant’s pretrial risk as possible to help inform their bond decision-making processes. Relying only on criminal history and current charges can result in the assignment of bond conditions that do not promote the best outcomes for defendants. Utilizing evidence-based practices and encouraging judges to follow data-driven bond recommendations can help promote equitable bond reform and pretrial release success.