Types of pretrial release mechanisms


Pretrial Release Discussion

There are four different types of pretrial release mechanisms: released on recognizance, cash bond, property bond, and bail bond. Oregon follows a cash bond system; if a defendant is required to post bail, they are able to post security at 10% to the court. If they appear for their court date(s), that money is returned minus fees and administrative costs. Some other states require individuals to pay the full cost of the bail. Recently, California became the first state to totally do away with cash bail. Rather, they will use a pretrial risk assessment to categorize suspects as "low risk," "medium risk" and "high risk". The law states that suspects will not be released if "if there is a substantial likelihood that no condition or combination of conditions of pretrial supervision will reasonably assure public safety or the appearance of the person in court."

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Consider the following in your original post:

1. Consider the goals of pretrial release. Why are some individuals granted release and others not?

2. Reformists are calling for more states to do away with cash bail systems (similar to California)? What are the benefits of doing away with cash bail? Drawbacks?

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