The most common national pretrial RATs from our research are:
|Tool||In use in at least these jurisdictions||Population potentially impacted|
|PSA||5 states + 59 counties||56.3 million people|
|VPRAI||43 counties||19.9 million people|
|VPRAI-R||1 state + 16 counties||14.3 million people|
|ORAS-PAT||5 states + 48 counties||31.4 million people|
|COMPAS||11 counties||4.3 million people|
Our research found 11 states with state-developed tools, not including Virginia’s use of the VPRAI-R and Ohio’s use of the ORAS-PAT, which are included above as national tools since these tools are used by jurisdictions across the country.
We found that Alaska1Alaska Scale (AK 2-Scale) Alaska Department of Corrections, Connecticut,2Alex Tsarkov Report to the Governor and the General Assembly on Pretrial Release and Detention in Connecticut, Connecticut Sentencing Commission Delaware,3Alan Davis: Delaware Pretrial Assessment Tool, Chief Magistrate and Nevada4Nevada Pretrial Risk Assessment Administrative Office of the Courts use unique tools developed for their states specifically, and each of these tools is implemented statewide.
In Colorado, Florida, Maryland, Michigan, Minnesota, Oregon, and Washington, tools were developed for state use, but not all counties have chosen to utilize that specific tool. According to our research, in Colorado, 22 counties use the Colorado Pretrial Assessment Tool (CPAT), two counties use the Arapahoe County Pretrial Risk Assessment, and the remaining 40 counties do not appear to use a tool. Colorado may be moving towards statewide use of the CPAT in 2020, however.
Florida developed the Florida Pretrial Risk Assessment Instrument (FPRAI)5James Austin, Avi Bhati, Michael Jones, and Roger Ocker Florida Pretrial Risk Assessment Instrument, The JFA Institute, which is currently in use in nine counties but will be extended to five more counties after the current round of validation.6Interview with Media Mobilizing Project, 7/2/2019. See Interview Summary for more information Michigan is piloting multiple tools, including the PSA in some counties and the Michigan PRAXIS in others.7Interviews with Media Mobilizing Project, Oakland County, MI: 5/20/2019 and MI Supreme Court: 5/16/2019. See Interview Summary for more information Michigan is also studying the issue of pretrial punishment further, and Michigan governor’s task force on pretrial incarceration released a report in January 2020 giving recommendations about reducing pretrial detention.8Michigan Joint Task Force on Jail and Pretrial Incarceration: Report and Recommendations
Oregon’s Public Safety Checklist (PSC)9The Public Safety Checklist for Oregon Criminal Justice Commission and Washington’s Adult Static Risk Assessment (ASRA)10Washington State Adult Static Risk Assessment Washington Courts are both state-developed tools that can be used in various stages of the criminal legal process, from pretrial to probation. At least three counties in Oregon use the PSC and at least four counties in Washington use the ASRA for pretrial decision-making. Maryland’s most common tool was developed in Montgomery County, and seven other counties have adopted this tool as well.11Angela Roberts and Nora Eckert: As Maryland courts meld artificial intelligence into bail decisions, concerns follow, Capital News Service
Our research found 49 counties across 22 states using a locally-developed or otherwise county-specific tools.
Many of these were created by and for particular counties, based on their own populations and needs. Johnson, Douglas, and Saline Counties in Kansas as well as Davidson and Knox Counties in Tennessee all created tools specific to their particular populations.12Interviews with Media Mobilizing Project: Johnson County, KS: 7/9/2019, Douglas County, KS: 7/18/2019, Saline County, KS: 7/16/2019, Davidson County, TN: 7/18/2019, Knox County, TN: 8/27/2019. See Interview Summary for more information
Some locality-specific tools were created for one county or state and adopted by another county. For example, the Allegheny Risk Assessment Instrument Profile, developed in Allegheny County, Pennsylvania, was adopted by two other Pennsylvania counties.13Media Mobilizing Project email communication with Allegheny County, 7/2/2019. See also Risk and Need Assessment User Guide Bonneville County, Idaho, and Strafford County, New Hampshire, both use versions of the Colorado Pretrial Assessment Tool.14Media Mobilizing Project email communication; Bonneville County, ID: 9/6/2019, Strafford County, NH: 8/30/2019 Kershaw County, South Carolina, and Lafayette Parish, Louisiana, both use the Kentucky Pretrial Risk Assessment,15Media Mobilizing Project email communication; Kershaw County, SC: 9/10/2019, Lafayette Parish, LA: 7/19/2019 a tool Kentucky developed before switching to the PSA in 2013.
Several counties have modified national tools to fit with their particular localities, though they may or may not have validated the modified versions on their populations. Many counties have modified the VPRAI, in particular. For instance, Riverside County, California, uses a locally modified version of the VPRAI, called the Riverside Pretrial Risk Assessment Instrument.16Brian Lovins and Lori Lovins: Riverside Pretrial Assistance to California Counties Project: Validation of a Pretrial Risk Assessment Tool, Correctional Consultants, Inc.
Some counties use other national tools in their pretrial systems, such as the Level of Service Inventory-Revised (LSI-R) and the Level of Service/Case Management Inventory (LS/CMI), which are post-adjudication tools not developed for pretrial use.17Cynthia A. Mamalian: State of the Science of Pretrial Risk Assessment, Pretrial Justice Institute