Originally posted by Bryn Eckman on 06/30/2025
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The SJC Research Consortium is proud to announce the release of a crucial multi-site study, conducted by Justice System Partners, on changes to initial appearance practices and the impacts on pretrial release decisions and racial/ethnic disparities.
Pretrial release decisions are generally made during initial court appearances, often within 24 to 72 hours after arrest. These decisions play a crucial role in shaping jail populations. Even as many jurisdictions have shifted toward presumptive pretrial release, a continued reliance on restrictive conditions of release undermines progress. These practices have significantly increased local jail populations and disproportionately impacted BIPOC communities.
The Constitution does not guarantee an individual legal representation at initial appearance and as a result, local jurisdictions have the power to decide whether or not an individual is provided indigent defense at this stage. Often, this leaves individuals without legal representation to attempt to navigate and advocate for themselves.
As a part of their Safety and Justice Challenge participation, three jurisdictions-Cook County, Illinois; Lucas County, Ohio; and Multnomah County, Oregon-are treating these hearings as a meaningful and critical stage, regardless of its legal designation. CUNY ISLG funded Justice System Partners (JSP) to conduct a mixed-methods study of these three SJC sites where local defense agencies had led programs to systematically enhance due process for individuals at initial appearance. They have provided access to defense attorneys nearly immediately after jail booking, collected more information about the person prior to their initial appearance, and provided representation at initial appearances. By doing so, defense attorneys can make more informed and convincing release arguments to secure the fastest, least expensive, least restrictive pretrial release possible.
Using data both local courts and jails, process mapping data, and interview data, along with in-person observation data of initial appearances, this study aimed to understand how the strategies in each site impacted least restrictive pretrial release outcomes and their accompanying racial and ethnic disparities, enhanced due process, and reduced the use of and harmful effects of pretrial detention.
Key findings include:
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Visits with defense counsel prior to initial appearance enhance transparency and due process
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Defense attorneys are a necessary component of initial appearance and collecting information prior to initial appearance shows promising results in improving pretrial outcomes
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In some of the sites, these strategies impacted pretrial release decisions, especially related to reduced use of financial conditions of release and reduced racial/ethnic disparities
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Current practices around the initial appearance process impacts the wellbeing of everyone included in the process, including staff and support networks of individuals who are navigating the legal process
To read more on this crucial topic, attached you will find the Executive Summary and Full Report and you can also visit ISLG's page to download additional materials, including the site-specific reports for all 3 SJC counties.
Have a great day!
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Bryn Eckman
Senior Research Associate
CUNY Institute for State and Local Governance