Using a sample of pretrial cases closed between September 2022 and August 2023, APD’s Research Team conducted a comparative analysis of its standard pretrial supervision program, its pretrial curfew program, and the Sheriff’s electronic monitoring program. Over the timeframe of analysis, we examined outcomes for 6,398 standard pretrial supervision cases, 840 pretrial curfew cases, and 3,463 Sheriff’s EM cases. The outcomes we analyzed include appearance rates, public safety rates, and overall success rates.
The demographics of individuals ordered to each program were mostly consistent across programs, with some differences. About 88% of individuals ordered to standard pretrial supervision were male, 70% were Black, and the average age was 34. About 92% of individuals ordered to a pretrial curfew were male and 72% were Black, though these individuals tended to be younger (average age of 29). Finally, 92% of individuals ordered to the Sheriff’s EM program were male, 74% were Black, and the average age was 32. The breakdown of charge type differed for individuals ordered to each program. Individuals on standard pretrial supervision were most frequently charged with drug offenses (31%); individuals on a pretrial curfew were most frequently charged with weapons offenses (45%); and individuals on the Sheriff’s EM program were most frequently charged with weapons offenses (32%).
Findings from this comparative analysis indicate that EM program type was not found to have a significant effect on the likelihood of a new arrest or any failure (new arrest or failure to appear), though participation in the Pretrial Services curfew program was associated with a lower likelihood of failure to appear. These findings suggest that defendants ordered to one of the county’s EM programs are no more or less likely to stay out of trouble even after accounting for risk levels and individual characteristics of the defendants. However, the Pretrial Services curfew program may be related to improved appearance rates. This could be attributed to the design of the different EM programs; pretrial supervision with an EM curfew includes regular meetings with a Pretrial Officer along with phone call reminders before each scheduled hearing. The Sheriff’s EM program does not generally include court reminders. It is feasible that these components of the Pretrial Services curfew program account for the higher court appearance rates. Lastly, it is important to note that failure of any kind while on pretrial release remains relatively rare; most people show up for court and most people avoid re-arrest while awaiting trial.