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Results for pretrial detention (virginia)

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Author: VanNostrand, Marie

Title: Pretrial Risk Assessment in Virginia: The Virginia Pretrial Risk Assessment Instrument

Summary: There are currently 29 pretrial services agencies serving 80 of Virginia’s 134 cities and counties. All Virginia pretrial services agencies operate under the authority of the Pretrial Services Act1 and are funded in whole or part by the Virginia Department of Criminal Justice Services (DCJS). DCJS administers general appropriation funds designated for the purpose of supporting the Pretrial Services Act (PSA) as discretionary grants to local units of government. The field of pretrial services contains two primary sub-fields; pretrial release and pretrial diversion. Pretrial release generally involves the provision of information to judicial officers to assist them in making the pretrial release/detention decision, as well as the monitoring and supervision of persons released from custody while awaiting disposition of criminal charges. Pretrial diversion is a dispositional alternative for pretrial defendants. Defendants voluntarily enter into a diversion program in lieu of standard prosecution and court proceedings. Virginia pretrial services agencies provide pretrial release related services and do not provide pretrial diversion related services.2 The Pretrial Services Act was enacted into law with the purpose of providing more effective protection of society by establishing pretrial services agencies that will assist judicial officers in discharging their duties related to determining bail. The Act states that “such agencies are intended to provide better information and services for use by judicial officers in determining the risk to public safety and the assurance of appearance of persons … other than an offense punishable by death, who are pending trial or hearing.” In addition, in accordance with Virginia Code § 19.2-152.3 the Department of Criminal Justice Services was required to develop risk assessment and other instruments to be used by pretrial services agencies in assisting judicial officers in discharging their duties relating to determining bail for pretrial defendants. The duties and responsibilities of pretrial services agencies are detailed in Virginia Code § 19.2- 152.4:3 - Duties and responsibilities of local pretrial services officers. Pretrial services agencies are required to supervise and assist all defendants placed on pretrial supervision by any judicial officer to ensure compliance with the terms and conditions of bail. In order to assist judicial officers in discharging their duties related to determining bail for pretrial defendants, pretrial services officers are required to provide the following services: 1. Investigate and interview defendants arrested on state and local warrants and who are detained in jails located in jurisdictions served by the agency while awaiting a hearing before any court that is considering or reconsidering bail, at initial appearance, advisement or arraignment, or at other subsequent hearings; and 2. Present a pretrial investigation report with recommendations to assist courts in discharging their duties related to granting or reconsidering bail. Consistent with the Code of Virginia, the Virginia Department of Criminal Justice Services in partnership with the Virginia Community Criminal Justice Association and Luminosity, Inc., developed, implemented, and validated the Virginia Pretrial Risk Assessment Instrument (VPRAI) for use by pretrial services agencies. An overview of pretrial risk assessment generally, the development and validation of the VPRAI, and instructions for instrument completion are provided in this report.

Details: Richmond, VA: Virginia Department of Criminal Justice, 2009. 27p.

Source: Internet Resource: Accessed November 15, 2011 at: http://www.dcjs.virginia.gov/corrections/riskAssessment/assessingRisk.pdf

Year: 2009

Country: United States

URL: http://www.dcjs.virginia.gov/corrections/riskAssessment/assessingRisk.pdf

Shelf Number: 123344

Keywords:
Pretrial Detention (Virginia)
Pretrial Release
Pretrial Risk Assessment