Topic: Pretrial

Research Report

Incarceration Trends Pretrial Probation June 25, 2026

Implementing a Mobile Probation Unit

In the United States, more adults are under probation supervision than are held in prisons and jails or under parole supervision combined. In 2023, about 3.1 million, or 1 in 85 US adults, were subject to probation supervision. Probation violations, owing to technical violations or new offenses, are a significant driver of jail incarceration. With support from the MacArthur Foundation’s Safety and Justice Challenge (SJC), Palm Beach County, Florida, established its Mobile Probation Unit (MPU) to improve access to probation services, reduce probation violations, and limit jail reincarceration for people on probation.

Why This Matters

Probation departments play a critical role in determining whether people remain safely in the community or cycle back into local jails for technical violations or new arrests. Yet many people face barriers to complying with probation requirements, including lack of transportation, unstable housing, and work and family obligations. These challenges are especially pronounced in a county as dispersed as Palm Beach, where accessing probation offices can involve long travel times and multiple transfers on public transit. Providing flexible, accessible, and supportive probation services can increase compliance, reduce unnecessary jail incarceration, and improve long-term outcomes for people on probation.

What We Found

The Mobile Probation Unit was developed to bring probation services directly into communities, reducing logistical barriers that often lead to violations. Stakeholders reported several key successes associated with the intervention. The MPU was expanded beyond its initial pilot program, indicating strong early support and use. Its convenience contributed to consistent use by many people on probation, and stakeholders reported a reduction in probation violations after the MPU was implemented. Implementing the MPU also strengthened collaboration between criminal legal system stakeholders and community partners. Challenges associated with developing the MPU included inconsistent staffing of the unit, limited success reaching parts of the county most affected by racial disparities in criminal legal system involvement, and limited availability of supportive services.

How We Did It

For this case study, we conducted semistructured interviews with 16 key criminal legal system stakeholders in Palm Beach County and 10 people on probation who used the MPU; reviewed SJC progress reports and other documentation related to the development and implementation of the MPU; analyzed program data provided by local stakeholders; and examined jail population data collected by the Institute for State and Local Governance. We analyzed transcripts and notes from the interviews using NVivo qualitative analysis software, applying a codebook developed to identify themes related to the implementation of the MPU and other local criminal legal system reform efforts.

• 
• 
• 

Research Report

Courts Data Analysis Pretrial April 24, 2026

Improving Access to Pretrial Support in Missoula County, Montana

Overuse of jail incarceration is a significant issue in the United States, with many people detained pretrial because they cannot afford to pay the monetary bail required for their release. In Missoula County, Montana, stakeholders identified gaps in pretrial support services and barriers to court appearances as key drivers of jail incarceration. With support from the MacArthur Foundation’s Safety and Justice Challenge, municipal court judges established the Pretrial Assistance to Support Success (PASS) program to help people navigate the court process and reduce barriers to court appearance.

Why This Matters

The availability of pretrial supports plays a critical role in whether people released from jail successfully navigate the pretrial period without violating the terms of their release or committing new offenses. Many jurisdictions rely on pretrial supervision programs and compliance-based conditions that can be difficult to meet, particularly for people facing housing instability, transportation barriers, or behavioral health challenges. When these underlying challenges go unaddressed, people are more likely to miss their court dates or violate the terms of their release, increasing their risk of further entanglement in the criminal legal system. Addressing these barriers through supportive services can improve court compliance while reducing reliance on jail incarceration.

What We Found

The PASS program in Missoula County offers voluntary supportive services to help people navigate the municipal court process and meet pretrial conditions. Stakeholders reported that the program had improved court appearance rates, access to resources and services, and collaboration among local criminal legal system stakeholders. The program’s focus on support and human interactions, rather than restrictive supervision practices like drug testing or electronic monitoring, was viewed as critical to its success improving outcomes for people experiencing homelessness and people with mental and behavioral health needs in particular. Implementation challenges included maintaining contact with high-needs participants, insufficient supportive services in the broader community, and early messaging and communication barriers.

How We Did It

Our methodology for this case study included semistructured interviews with 29 key criminal legal system stakeholders in Missoula County and 7 PASS program participants; review of SJC progress reports and other documentation related to the development and implementation of the program; analysis of program data provided by local stakeholders; and examination of jail population data collected by the Institute for State and Local Governance. We analyzed transcripts and notes from the interviews using NVivo qualitative analysis software, applying a codebook developed to identify themes related to the implementation of the PASS program and other local criminal legal system reform efforts in Missoula County.

• 
• 
• 

Research Report

Courts Diversion Pretrial April 1, 2026

Understanding the Impact of Racial and Ethnic Disparities from Arrest to Sentencing

This report focuses on racial and ethnic disparities across three SJC sites: Pima County, AZ, New Orleans, LA, and San Francisco, CA. We examine how each of the three sites approach five major decision points in the criminal legal system: arrest, pretrial decision, diversion decision, case disposition, and sentencing. Each jurisdiction operates within a distinct context shaped by local demographics, economic conditions, and reform initiatives. The sites were selected because of their racial diversity, geographic diversity, and investment in racial and ethnic equity initiatives through the SJC and similar partnerships. Additionally, all three sites are from different regions of the country with various political contexts to provide a wider understanding of the system and to understand what trends may exist across multiple contexts versus what affects might be more localized.

Additional Downloads

• Executive Summary
• New Orleans Report
• Pima County Report
• San Francisco Report

• 
• 
• 

Research Report

Incarceration Trends Pretrial Racial and Ethnic Disparities February 26, 2026

Criminal Case Processing Reforms in Harris County, Texas

Jail incarceration is a significant part of the United States’ uniquely high incarceration rates, and the harms of jail incarceration are numerous and significant. Harris County, Texas, with support from the Safety and Justice Challenge (SJC)—an initiative funded by the John D. and Catherine T. MacArthur Foundation to reduce overincarceration and disparities in jail populations—enacted various case processing changes to reduce the local jail population awaiting trial. This case study explores the use and impact of those strategies.

Why This Matters

High levels of jail incarceration impose substantial costs on jurisdictions, requiring greater resources with potentially limited impact on public safety. Jail incarceration also places a great deal of strain on the people incarcerated, who may be at high risk of being victimized while incarcerated, have lower wages after their release, and experience worse mental health and substance use issues. People in jail pretrial make up a large part of the jail population, and case processing time contributes to pretrial incarceration’s impact.

What We Found

Harris County employed three strategies to reduce case processing time: use of scheduling orders, more efficient evidence gathering, and the introduction of the Responsive Interventions for Change (RIC) docket. Stakeholders in Harris County viewed these strategies as successful but also noted that each came with inherent challenges.

How We Did It

We relied on three primary data sources for this case study: 11 semistructured interviews with Harris County stakeholders, analysis of materials and documentation provided by stakeholders, and analysis of jail population data collected from SJC sites by the Institute for State and Local Governance. Interviews were analyzed using NVivo qualitative analysis software. We used thematic analysis of stakeholders’ responses to identify trends using a codebook developed for this case study.

• 
• 
• 

Research Report

Disability LGBTQ Pretrial June 23, 2025

An Intersectional Approach to Advocacy on Prison and Jail Conditions

This paper examines the profound and disproportionate harms caused by mass incarceration in the U.S., with a focus on pretrial detention and the experiences of multiply marginalized individuals, particularly disabled people, people of color, LGBTQIA+ individuals, and those at the intersections of these identities. Pretrial detention impacts nearly a million people daily, many of whom are held without conviction, leading to severe physical, psychological, and social consequences. Although reform efforts have brought attention to the broader harms of incarceration, they often fail to account for the unique and compounded risks faced by people with intersecting marginalized identities. For example, incarcerated women, particularly women of color and survivors of sexual violence, are disproportionately affected by trauma and mental health conditions like PTSD and depression. Similarly, disabled people, especially those who are Black, Latinx, or Indigenous, are overrepresented in jails and face exacerbated health conditions due to poor carceral environments.

Using intersectionality theory as a framework, this paper highlights how various identities—race, gender, disability, and class—interact to intensify the harms of incarceration. It discusses the structural inequalities that contribute to the over-policing and over-incarceration of marginalized communities and explores how the conditions of confinement can both worsen and produce disabilities. Furthermore, the paper reviews current data on the demographics of incarcerated populations, highlighting the overrepresentation of people with disabilities, transgender individuals, and people of color. This report argues for an intersectional approach to criminal justice reform, advocating for systemic change that includes reducing reliance on pretrial detention, improving conditions within carceral institutions, expanding alternatives to incarceration, and addressing the unique needs of multiply marginalized populations. In addition, it offers key action steps such as improving data collection, promoting harm reduction strategies, increasing access to mental health services, and ending the use of solitary confinement.

The paper concludes that real reform requires a shift from punitive to restorative justice models, ensuring that advocacy efforts center the voices and lived experiences of those most affected by the criminal legal system. Through a comprehensive intersectional lens, this paper seeks to contribute to a broader conversation about decarceration and the abolition of pretrial detention, while addressing the structural inequities embedded in the U.S. criminal justice system.

• 
• 
•