Pretrial Release: Risk Assessment Tools (SB 36)

Under Senate Bill 36(SB 36), the Judicial Council is required to publish an annual report with data related to outcomes and potential biases in pretrial release for pretrial programs funded by the state to perform risk assessments. This 2023 report includes information on county pretrial release programs, data by superior court in large and medium courts and otherwise aggregated by superior court size, and data by risk assessment tool. The Judicial Council also published a standalone report in January 2023 to the courts and the Legislature containing recommendations to mitigate bias and disparate effect in pretrial decision making.

SB 36 also requires each pretrial services agency that uses a pretrial risk assessment tool to validate the tool used by the program by July 1, 2021, and on a regular basis thereafter, and to make specified information regarding the tool, including validation studies, publicly available. The Judicial Council has provided validation studies for several risk assessment tools in use in the courts participating in the Pretrial Pilot Program.

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Pretrial Pilot Programs

Alameda

Pretrial Risk Assessment Tool: VPRAI-R Conducts Assessment Interview: Yes Alameda Release Condition Framework

Calaveras

Pretrial Risk Assessment Tool: PSA Conducts Assessment Interview: No Calaveras Release Condition Framework

Kings

Pretrial Risk Assessment Tool: VPRAI-O Conducts Assessment Interview: Yes Kings Release Condition Framework

Los Angeles

Pretrial Risk Assessment Tool: PSA + CCAT Conducts Assessment Interview: Yes - CCAT

Modoc

Pretrial Risk Assessment Tool: ORAS-PAT Conducts Assessment Interview: Yes

Napa

Pretrial Risk Assessment Tool: ORAS-PAT Conducts Assessment Interview: Yes Napa Release Condition Framework

Nevada-Sierra

Pretrial Risk Assessment Tool: ORAS-PAT Conducts Assessment Interview: Yes Nevada-Sierra Release Condition Framework

Sacramento

Pretrial Risk Assessment Tool: PSA Conducts Assessment Interview: No Sacramento Release Condition Framework

San Joaquin

Pretrial Risk Assessment Tool: VPRAI Conducts Assessment Interview: Yes San Joaquin Release Condition Framework

San Mateo

Pretrial Risk Assessment Tool: VPRAI-R Conducts Assessment Interview: Yes San Mateo Release Condition Framework

Santa Barbara

Pretrial Risk Assessment Tool: VPRAI-R Conducts Assessment Interview: Yes Santa Barbara Release Condition Framework

Sonoma

Pretrial Risk Assessment Tool: PSA Conducts Assessment Interview: No Sonoma Release Condition Framework

Tulare

Pretrial Risk Assessment Tool: PSA Conducts Assessment Interview: No Tulare Release Condition Framework

Tuolumne

Pretrial Risk Assessment Tool: PSA Conducts Assessment Interview: No Tuolumne Release Condition Framework

Ventura

Pretrial Risk Assessment Tool: ORAS-PAT Conducts Assessment Interview: Yes Ventura Release Condition Framework

Yuba

Pretrial Risk Assessment Tool: ORAS-PAT Conducts Assessment Interview: YesYuba Release Condition Framework

Risk Assessment Tool Validation Studies

This report addresses the validation of four pretrial risk assessment tools: Ohio Risk Assessment System–Pretrial Assessment Tool (ORAS-PAT), Public Safety Assessment, Virginia Pretrial Risk Assessment Instrument, and Virginia Pretrial Risk Assessment Instrument–Revised (VPRAI‑R). The Pretrial Pilot Program counties using each of these tools and included in the evaluation data set are as follows:

Tool

County

ORAS

Modoc, Napa, Nevada, Ventura, Yuba

PSA

Calaveras, Los Angeles, Sacramento, Sonoma, Tulare, Tuolumne

VPRAI

San Joaquin, Santa Barbara (2021)

VPRAI-R

Alameda, San Mateo, Santa Barbara
Additional Resources

Contact

Criminal Justice Services
415-865-8994
pretrial@jud.ca.gov