“Pretrial Assessment Services” in California – How It Works

California’s pretrial release laws have evolved in recent years.

In 2018 there was a strong push to eliminate cash bail entirely through Senate Bill 10 (SB 10). However, this was rejected by voters in 2020 via Proposition 25. As a result, cash bail remains a part of California’s pretrial release system.

Just the following year, though, the California Supreme Court held in In re Humphrey that detaining you solely because you cannot afford bail is unconstitutional. This means that while cash bail still exists, judges must consider your ability to pay and explore less restrictive alternatives.

Many California courts use Pretrial Services, which perform risk assessments that judges consider when making pretrial release decisions. These services aim to balance public safety with your right to liberty while awaiting trial.

In this article, our Los Angeles criminal defense attorneys discuss what you need to know about pretrial release options in California.

Pretrial Services in California

“Pretrial Services” refers to court-affiliated or contracted public agencies that assist California judges in making pretrial release decisions.

While the comprehensive “Pretrial Assessment Services (PAS)” as envisioned by the failed SB 10 does not universally exist as a uniform, statewide system, many individual counties and courts have or are developing their own Pretrial Services programs.

These programs often perform the following functions:

• Gathering Background Information: Collecting data on your criminal history, ties to the community, employment, and other factors relevant to your likelihood of appearing in court and posing a risk to public safety.
• Conducting Risk Assessments: Using validated tools to assess your risk of flight or re-offending if released. While these tools were central to the proposed SB 10 system, they are currently used as guidance for judges, not as the sole determinant for release or detention.
• Making Release Recommendations: Providing recommendations to the court regarding whether you should be released, and if so, what conditions should be imposed.

Note that Pretrial Services typically do not supervise you if you get released on your own recognizance (OR). Instead, local probation departments or other designated agencies are generally responsible for overseeing compliance with release conditions.¹

Pretrial Risk Assessments (PAS)

Pretrial risk assessments (PAS) are a key component of many California courts’ pretrial processes, even without the full implementation of SB 10. These assessments aim to categorize you based on your estimated risk of:

• Failing to appear for future court appearances and
• Committing a new crime while awaiting trial.

These assessments often use data-driven algorithms, taking into account factors like:

• The current charges,
• Prior criminal history,
• History of missed court dates,
• Community ties (for example, employment, family stability, residency).

The results of these assessments (often presented as low, medium, or high risk) are provided to judges to inform their decisions. However, unlike the proposed SB 10, these assessments do not automatically dictate release or detention.

Judges retain discretion and must consider all relevant factors, including your financial ability to post bail, per the Humphrey ruling.

Misdemeanor Charges

If you are arrested for misdemeanors as opposed to felonies in California, you may still be eligible for automatic release or citation and release without a full pretrial risk assessment. It depends on local court policies.

However, some misdemeanor charges, particularly those involving violence or threats, may lead to more extensive review.²

Pre-Arraignment Reviews and Judicial Discretion

The concept of “prearraignment reviews” as a formal, mandatory step by a PAS division for all cases (as outlined in the original SB 10) did not come to pass in California. However, the principle of early review remains: Courts often conduct reviews soon after booking to determine initial release conditions.

Crucially, if you are not released on your own recognizance, a judge must conduct an “ability to pay” hearing if cash bail is set and you claim you cannot afford it.

The judge must then consider non-monetary alternatives or set bail at an amount you can reasonably afford. This is unless there is a clear and convincing showing that no other conditions will ensure public safety and court appearance.³

Pretrial Release Options

When you are released before trial in California, it can be under various conditions determined by the judge with input from Pretrial Services (if available) and the arguments of the prosecution and your defense attorneys. These options include the following.

Unsupervised Release

By being released without supervision, you promise to appear at all future court hearings and abide by general court orders. This is typically granted if you are deemed a low risk of flight or harm to the community. Common unsupervised release conditions include:

• Appearing at all required court hearings,
• Staying within California unless court permission is granted to leave,
• Waiving extradition if you miss court and are arrested outside California, and
• Obeying all court orders.

Unsupervised release can be granted with or without bail.

Supervised Release (or Pretrial Supervision)

If you are deemed a medium risk, or where additional assurances are needed, the judge may order supervised release with or without bail (often referred to as pretrial supervision). This involves additional conditions tailored to your case and risk factors. Examples include:

• Regular check-ins with a probation officer or pretrial services agency,
• Curfews,
• Random drug and alcohol testing,
• Avoiding contact with certain individuals or locations (such as victims or specific areas),
• Participation in rehabilitation programs (such as drug treatment or anger management), and/or
• Electronic monitoring (such as GPS ankle bracelets or SCRAM alcohol-detection bracelets).

The court generally must impose the least restrictive conditions necessary to reasonably assure public safety and your return to court.⁴

Pretrial Detention

If you are deemed a high risk of harming others or not appearing in court, a California judge may order you to remain in custody pending the outcome of your case.

If cash bail is set, the judge must consider your ability to pay and the availability of less restrictive alternatives, especially in light of the Humphrey decision.

For certain serious offenses, preventive detention without bail may be ordered if there is clear and convincing evidence that no release conditions can ensure public safety.⁵

Additional Resources

For more in-depth information, refer to these scholarly articles:

• SB 10: Punishment before Conviction: Alleviating Economic Injustice in California with Bail Reform  – University of the Pacific Law Review.
• Assessing the Impact of Bail on California’s Jail Population – Public Policy Institute of California.
• Beyond Bail  – Florida Law Review.
• Racial Bias in Bail Decisions – The Quarterly Journal of Economics.
• A Brief History of Bail – Judges Journal.

See our related article on supervised OR release in California. 

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Legal References