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The Presumption for Detention Statute's Relationship to Release Rates

Volume 81 Number 2
September 2017

Since 1984, the federal pretrial detention rate has been increasing. The presumption for detention statute, which assumes that defendants charged with certain offenses should be detained, has been identified as one potential factor contributing to the rising detention rate. The author examines the relationship between the presence of the presumption and release rates and the effect, if any, of the presumption on the release recommendations made by pretrial services officers, and compares outcomes for presumption and non-presumption cases.