Pretrial Preventive Detention

As states move away from monetary bail as the primary condition for pretrial release and toward riskbased pretrial release decision-making systems, the use of preventive detention on a limited basis for those who pose a risk of flight or to public safety has become a key element of pretrial systems in a growing number of states. As of 2019, at least 22 states and the District of Columbia had authorized preventive detention of at least some persons arrested for specified serious criminal offenses.1 The District of Columbia was the first jurisdiction outside the federal system to institute preventive detention in 1970.2 In recent years, New Jersey initiated its preventive detention program through amendments to its state constitution in 2014 and New Mexico amended its state constitution to authorize preventive detention in 2016.3 Arizona is the latest state to implement preventive detention through changes to its Rules of Court effective in January 2018.4 In 2018, California enacted legislation authorizing preventive detention, but the qualification of a voter referendum in opposition to the legislation in January 2019 has stayed its implementation.5