ABSTRACT
Judges traditionally managed pretrial nonappearance risk (sometimes described in shorthand as flight risk) by setting bail or imposing other conditions of release to ensure defendants’ future appearance. As pretrial reform efforts across the country are accelerating, new instruments that purport to improve judicial calculations of nonappearance risk are proliferating. This chapter undertakes a timely review of the state of the field regarding nonappearance risk. It begins by examining the pretrial system’s goals, and the costs of nonappearance and flight on the justice system, defendants, their families and their communities. After reviewing the law governing pretrial appearance, it highlights shortcomings in current nonappearance and flight risk definitions, and reviews this author’s taxonomy of pretrial nonappearance risks. The chapter then proceeds to evaluate how well currently used risk assessment tools measure or predict nonappearance risk and discusses recent statutory reforms and prosecutorial policy changes. Finally, after identifying research projects aimed at improving measurement of nonappearance and pinpointing its causes, the chapter outlines a series of best practices for mitigating and managing pretrial nonappearance risk without resorting to detention or onerous conditions of release. Instead, recommended measures include defendant-focused interventions like supportive pretrial supervision programs, providing counsel or advocates at initial appearances, more robust court reminder systems, and providing transportation to court. The chapter also outlines system-focused reforms that would mitigate problems with nonappearance, including more flexible court appearance schedules and policies, grace periods for failures to appear, efforts to reduce case delays and court backlogs, and amnesty programs for individuals with outstanding warrants.
