Recommending Pretrial Incarceration or Setting Bails with the Intent of Incarceration Should be Prohibited
Many risk assessments are calibrated to recommend just release and detention. No person or risk assessment in the United States of America should recommend the preventative detention of a person other than when preventative detention is specifically allowable pursuant to the facts and circumstances of that case. As noted above, we would advocate that recommending detention including using a risk assessment to make a recommendation up to and including detention should not occur.
No judge or prosecutor should intentionally seek or set bail with the specific purpose of detention, but instead shall set bails that are not excessive pursuant to constitutional and statutory provisions and meet the purposes for which bail is set.