Pretrial Release Initiative

As part of the Minnesota Judicial Branch’s Strategic Plan, the Minnesota Judicial Council has launched a Pretrial Release Initiative aimed at studying evidence-based tools for use by judges making pretrial release decisions. 

Under Minn. Stat. § 629.74 Minnesota Judicial Coucil approves pretrial evaluation forms to be used in each county.  Minnesota Judicial Council policy 524: Pretrial Release Evaluation, adopts the use of a statewide pretrial evaluation form and Minnesota Pretrial Assessment Tool (MNPAT) and directs the use of pretrial risk assessment tools in Minnesota District Courts. 

The assessment tool is meant to ensure that judges have the most predictive and least biased information, providing accurate, objective, and useful information for pretrial release decisions.

The assessment tools will be validated to ensure effectiveness and fairness in release decisions.

The Minnesota Judicial Council has established the Pretrial Release Initiative Implementation Steering Committee to implement the new statewide pretrial risk assessment tool and form. The Steering Committee is made up of public and private attorneys, probation representatives and law enforcement, court administration, and judges.

 

Steering Committee Members

 

Updates

In January 2018, the Minnesota Judicial Council approved the Minnesota Pretrial Assessment Tool (MNPAT).

Anoka, Cass, Hennepin, Sherburne, and Wright counties will adopt and validate alternative tools that meet the statewide standards. All other counties will use the statewide tool, MNPAT. 

The Steering Committee is now developing a rollout schedule for the MNPAT.

The MNPAT will be validated through the State Court Administrator’s Office to promote consistent risk analysis. Alternative tools require approval from the Minnesota Judicial Council. Districts or counties using an alternative tool are required to meet the statewide standards for validation.

Pretrial Evaluation: The collection and analysis of a defendant’s information on factors impacting his/her likelihood to appear and risk to public safety.  May be conducted by local corrections or their designee (pretrial services, jail administration or law enforcement). 
Also known as:

• bail evaluation
• bail study
• pretrial bail evaluation

Pretrial Evaluation Form: Template for recording factors of a particular defendant and the current charge used to inform the pretrial release decision.  A form does not assign a score or recommendation for pretrial release decisions and does not assign a weight for different factors.
Also known as:

• pretrial evaluation form
• bail form
• form

Pretrial Release Decision: Release decision by court, or designated authority, that a defendant will be released on his/her own recognizance (ROR), released on conditions (CR), or released on bail/bond (bail).

Pretrial Release Process: The full process used in a court location (involving pretrial services and the court) from arrest/summons, including the pretrial evaluation, the pretrial release decision, and the actual release or detention of a defendant.

Pretrial Failure: An outcome that a pretrial risk assessment seeks to predict and minimize.  The most common outcomes are 1) likelihood of failure to appear (FTA) for court appearances in the present case and 2) likelihood of new crimes (e.g. arrest, charge) committed during the pretrial window (release to disposition).

Pretrial Risk Assessment Tool: A research-based (actuarial) instrument comprised of predictive factors that are weighted and scored to provide a recommended pretrial release decision (based on categorized risk of pretrial failure).  The tool is used to assist the court, or its designated authority, in making pretrial release decisions. 
Also known as:

• tool
• scale

Validation: A study of the effectiveness of a tool at predicting the outcome it seeks to predict on a specific population.

Racial Bias (in the Pretrial Risk Assessment Tool context): the tendency to treat those in a racial group (or groups) differently or unfairly. Racial discrimination is a result of racial biases, which can be explicit (conscious preference for a race), or implicit (preference for a race that operates outside of our awareness). 

Racial Disparity (in the Pretrial Risk Assessment Tool context): Racial disparity occurs when a racial group’s proportion of a particular statistic is over-represented as compared to its percentage of the population
For example: the percentage of those arrested as a proportion of the population.

Race Neutral (in the Pretrial Risk Assessment Tool context): a policy or score, for example, classifies individuals without regard for their race.


 

• Fast Facts - Pretrial Release
• Email Templates to Complement Implementation Planning Guide
• Template PowerPoint for MNPAT Overview and Local Training for Facilitators
• New MNCIS Interim Conditions Summary
• Minnesota Pretrial Questionnaire
• Minnesota Pretrial Release Evaluation Form and Assessment Tool (MNPAT)
• MNPAT Implementation Planning Guide