Every day, judges evaluate and make pre-trial release decisions on recently arrested defendants, while attempting to determine the likelihood that a recently arrested defendant, if released before trial, will commit a new crime or fail to appear for court.
Currently, most individuals are detained pre-trial merely because they cannot afford to post the monetary bail, which creates a disparity between the affluent and the poor even when they do not present a threat to the public’s safety or a substantial risk of failing to appear. Also, research has shown that defendants who are high-risk and/or violent are often released and with no formal supervision.
In response, a Public Safety Assessment (PSA) court tool was developed to lessen the disparity and offer a "comprehensive, universal risk assessment” that can "accurately, quickly, and efficiently assess the risk that a defendant will engage in violence, commit a new crime, or fail to come back to court.”*
Mohave County was chosen as one of five pilot sites in the state to implement this assessment tool. Progressively, Mohave County Probation’s Pre-Trial Services will develop and encompass both felons and misdemeanants from the Superior Court, the Justice Courts, and the Kingman Municipal Court. This includes the supervision of pretrial defendants, electronic monitoring, future court reminders, and other evidence-based pretrial practices.
Release Options Include:
- 1. Release Own Recognizance (OR)
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Typically defendants who are released OR are not subject to additional release conditions; however, the Judge can determine additional release conditions as they feel appropriate.
- 2. Release with Conditions (see supervision levels)
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a) Bond may or may not be set at Judge’s discretion.
3. If released on Pretrial Release Supervision, the level will be set at the Judge’s discretion.
a) Bond determined at the Judge’s discretion
b) Pretrial supervision at a level determined by the Judge.
Pretrial Release Supervision Levels:
- Level I
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- Defendant is required to report to probation after release.
- Defendant completes a questionnaire to verify their contact information, employment/school, and next court date.
- Defendant is required to immediately report any changes to their contact information, address, phone number, employment, etc.
- PTS is obligated to remind the defendant about the next court date via telephone or in-person.
- Level II
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- Defendant is required to report to probation after release.
- Defendant completes a questionnaire to verify their contact information, employment/school, and next court date.
- Defendant is required to immediately report any changes to their contact information, address, phone number, employment, etc.
- Defendant is required to report in person or telephonically weekly while on release.
- Defendant may be seen in the field at least once per month while on PTS release.
- PTS is obligated to remind the defendant about the next court date via telephone or in-person.
- Level III
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- Defendant is required to report to probation after release.
- Defendant completes a questionnaire to verify their contact information, employment/school, and next court date.
- Defendant is required to immediately report any changes to their contact information, address, phone number, employment, etc.
- Defendant is required to report in person or telephonically twice per week while on release.
- Defendant may be seen in the field at least once per week while on PTS release.
- PTS is obligated to remind the defendant about the next court date via telephone or in-person.
If you have any questions or any issues regarding pre-trial services, please feel free to contact the Probation Department at (928) 753-0741 and ask for the Pre-Trial Services Officer.
*LJAF Developing A National Model For Pretrial Risk Assessment, Nov. 2013