Pretrial Services — Judicial Business 2021

In 27 percent of the cases opened, the major offense was related to immigration, down from 36 percent in 2020. Cases in which the major offense charged involved drugs accounted for 31 percent of pretrial services cases (up from 28 percent). Cases associated with property offenses represented 11 percent of cases opened (up 2 percent from 2020), and cases dealing with firearms offenses represented 15 percent (up 3 percent from 2020).

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 2021, officers prepared 73,054 pretrial services reports (down 5 percent). Ninety-seven percent of the reports were pre-bail reports.

A total of 69,105 bail determinations were made by the courts. When immigration cases involving crimes such as illegal reentry are included, 29 percent of all defendants were released on bail. When immigration cases are excluded, the percentage of defendants released was 36 percent.

A total of 26,622 defendants were received for supervision by pretrial services (up 14 percent). The proportion of defendants in the country illegally continued to affect the number of persons received for supervision, as 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 2021, 27 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 30,025 defendants were released with specified conditions in 2021. The release condition ordered most often was pretrial services supervision, which was imposed on 87 percent of defendants released, down 3 percent from last year.

Substance abuse treatment and testing were ordered for 40 percent of defendants, down 1 percent from 2020. Substance abuse testing alone (without treatment) was ordered for 15 percent of defendants, up 1 percent from 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 2021, the number of pretrial diversion cases activated decreased 1 percent to 356 and accounted for less than 1 percent of activated cases.

Over the past five years, the number of pretrial services reports prepared has fallen 14 percent, and the number of persons interviewed has grown 2 percent to 51,353 (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.