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Pretrial Services — Judicial Business 2018

The number of cases opened in the pretrial services system (excluding pretrial diversion cases) equaled 99,494, an increase of 13 percent from 2017. Pretrial diversion cases dropped 12 percent to 437.

In 40 percent of the cases opened, the major offense was related to immigration, up from 35 percent in 2017. Cases in which the major offense charged involved drugs accounted for 25 percent of pretrial services cases (down from 28 percent). Cases associated with property offenses represented 10 percent (down from 11 percent), and cases dealing with firearms offenses represented 10 percent (unchanged from 2017).

Pretrial services officers prepare reports for judges to use in determining whether to order the release or detention of defendants. The reports also give judges information useful for establishing appropriate conditions for released defendants. In 2018, officers prepared 95,442 pretrial services reports (up 12 percent). Ninety-seven percent of the reports were pre-bail reports.

Table 9
Summary of Pretrial Services Cases
Fiscal Years 2014 - 2018
  2014 2015 2016 2017 2018 Percent Change
2017 - 2018
Total Cases Activated 100,068 95,013 91,709 88,750 99,931 12.6
Pretrial Services Cases 99,355 94,276 91,111 88,255 99,494 12.7
Pretrial Diversion Cases 713 737 598 495 437 -11.7
Total Released on Supervision 25,209 24,547 23,592 23,186 23,649 2.0
Pretrial Supervision 24,185 23,522 22,735 22,469 23,000 2.4
Diversion Supervision 1,024 1,025 857 717 649 -9.5
Type of Report            
Pre-Bail 93,598 88,980 85,988 82,447 92,840 12.6
Other Reports (Including Post-Bail) 2,552 2,390 2,260 2,654 2,602 -2.0
No Report 3,205 2,906 2,863 3,154 4,052 28.5

A total of 90,398 bail determinations were made by the courts. Including immigration cases involving crimes such as illegal reentry, 25 percent of all defendants were released on bail. When immigration cases are excluded, the percentage of defendants released was 39 percent.

A total of 23,649 defendants were received for supervision by pretrial services (up 2 percent). The proportion of defendants in the country illegally continued to affect the number of persons received for supervision, because illegal aliens and defendants charged with immigration offenses are more likely to be detained given their higher risk of failure to appear in court. In 2018, 45 percent of defendants in pretrial services cases were illegal aliens.

For persons under pretrial services supervision, officers monitor compliance with the release conditions set by the courts, provide necessary support services (such as substance abuse treatment and location monitoring), and inform the courts and U.S. attorneys of apparent violations of release conditions. A total of 26,028 defendants were released with specified conditions in 2018. The release condition ordered most often was pretrial services supervision, which was imposed on 89 percent of defendants released, up 1 percent from last year.

Substance abuse treatment and testing were ordered for 41 percent of defendants, unchanged from 2017. Substance abuse testing alone (without treatment) was ordered for 14 percent of defendants, down 1 percent from the previous year.

Pretrial diversion is a period of supervision proposed by a U.S. attorney and agreed to by a defendant as an alternative to the prosecution of criminal charges in federal court. Diversion preserves prosecutorial and judicial resources for more serious criminal matters. In 2018, the number of pretrial diversion cases activated decreased 12 percent to 437 and accounted for less than 1 percent of activated cases.

Over the past five years, the number of pretrial services reports prepared has declined 1 percent, and the number of persons interviewed has grown 2 percent to 51,710 (not all defendants are interviewed—defendants may decline to be interviewed, and sometimes interviews are not possible—but for each defendant, a pretrial services report is usually written).

For data on pretrial services activity, see Table 9 and the H series of tables.