A key strategy in reducing remote detention is reducing the rate of detention. The resources on this page are designed to promote best practices to reduce the rate of detention, including the appointment of counsel at the initial appearance and ensuring the application of proper legal standards and evidence-informed practices at detention hearings.
| Right to Counsel at Initial Appearance | |
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| Right to Counsel at Initial Appearance This memorandum, issued by the Judicial Conference Committees on Criminal Law and Defender Services, explains that the law requires the appointment of counsel for financially eligible defendants at the initial appearance. |
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| DOJ Policy: Right to Counsel at Initial Appearance "[P]rosecutors must recognize that 'a defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant at every stage of the proceeding [including] initial appearance[.]'" Justice Manual § 9-6.110 |
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| This flowchart is designed to help determine whether the Bail Reform Act provides a statutory basis for detention. |
| Ensuring the Use of Proper Legal Standards at Detention Hearings | |
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| The Bail Reform Act of 1984 (FJC) A publication by the Federal Judicial Center, this fourth edition includes statutory changes and newer case law, while additionally reflecting the federal judiciary’s focus on promoting science-informed and evidence-based decision-making. |
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| DOJ Policy: Seeking Detention and Continuances of Detention Hearings The decision to seek detention should be individualized, even in presumption cases, and where detention is sought, prosecutors should endeavor to proceed with the detention hearing as soon as practicable after a defendant's arrest. |
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| Flowchart for Detention Hearings in Presumption Cases This flowchart helps to determine whether a presumption of detention applies and sets forth the legal analysis in presumption and non-presumption cases. |
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| The Presumption for Detention Statute’s Relationship to Release Rates Federal Probation Journal This paper by the AO's Probation and Pretrial Services Office concludes that the presumption for detention at 18 U.S.C. § 3142(e)(3) is overly broad. |
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| Judicial Conference Position to Amend the Presumption in the Bail Reform Act The Judicial Conference agreed to seek legislation amending the presumption of detention found in 18 U.S.C. § 3142(e)(3)(A) to narrow its application. |
| Ensuring the Use of Evidence-Informed Practices at Detention Hearings | |
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| Probation and Pretrial Services Office In recent years, the judiciary has undertaken efforts to ensure that release and detention decisions are informed by the best available evidence. Further information on these efforts may be found on the court's PPSO website. |