Pretrial Services — Judicial Business 2023
The number of cases opened in the pretrial services system (excluding pretrial diversion cases) equaled 71,297, a decrease of 3 percent from 2022. Pretrial diversion cases fell 22 percent to 271.
In 34 percent of the cases opened, the major offense was related to immigration, up from 32 percent in 2022. Cases in which the major offense charged involved drugs accounted for 26 percent of pretrial services cases (down from 28 percent). Cases associated with property offenses represented 11 percent of cases opened (up from 10 percent in 2022), and cases dealing with firearms offenses represented 14 percent (nearly the same as in the past two years).
Pretrial services officers prepare reports for judges to use in determining whether to order the release or detention of defendants. The reports also give judges information useful for establishing appropriate conditions for released defendants. In 2023, officers prepared 67,799 pretrial services reports (down 3 percent). Ninety-eight percent of the reports were pre-bail reports.
A total of 64,663 bail determinations were made by the courts. When immigration cases involving crimes such as illegal reentry are included, 25 percent of all defendants were released on bail. When immigration cases are excluded, the percentage of defendants released was 34 percent.
A total of 21,508 defendants were received for supervision by pretrial services (down 7 percent). The proportion of defendants in the country illegally continued to affect the number of persons received for supervision, because illegal aliens and defendants charged with immigration offenses are more likely to be detained given their higher risk of failure to appear in court. In 2023, 34 percent of defendants in pretrial services cases were illegal aliens.
For persons under pretrial services supervision, officers monitor compliance with the release conditions set by the courts, provide necessary support services (such as substance abuse treatment and location monitoring), and inform the courts and U.S. attorneys of apparent violations of release conditions. A total of 24,317 defendants were released with specified conditions in 2023. The release condition ordered most often was pretrial services supervision, which was imposed on 87 percent of defendants released, the same as in the past two years, although this condition was imposed on 7 percent fewer defendants.
Substance abuse treatment and testing were ordered for 40 percent of defendants, up from 39 percent last year, with 6 percent fewer defendants receiving these services than in 2022. Substance abuse testing alone (without treatment) was ordered for 24,37 defendants (15 percent of total defendants), compared with 26,151 defendants (15 percent of total defendants) the previous year.
Pretrial diversion is a period of supervision proposed by a U.S. attorney and agreed to by a defendant as an alternative to the prosecution of criminal charges in federal court. Diversion preserves prosecutorial and judicial resources for more serious criminal matters. In 2023, the number of pretrial diversion cases activated decreased 22 percent to 271 and accounted for less than 1 percent of activated cases.
Over the past five years, the number of pretrial services reports prepared has decreased 34 percent, and the number of persons interviewed has fallen 26 percent to 42,477 (not all defendants are interviewed—defendants may decline to be interviewed, and sometimes interviews are not possible—but for each defendant, a pretrial services report is usually written).
For data on pretrial services activity, see Table 9 and the H series of tables.