Does pretrial detention influence time until re-involvement with the criminal legal system?

Abstract

Purpose

The current study was designed to evaluate the effects of time spent in pretrial detention on the number of days from release until experiencing an arrest for a new offense and a new violent offense.

Methods

Using a sample of 31,598 individuals from three counties in the United States, the evaluation estimated the effects of spending 2–3 days, 3–7 days, and >7 days in pretrial detention – compared to admitted to jail and released on the same or next day (0 to 1 day– on the number of days from release until a new criminal arrest and new violent criminal arrest. The primary models were replicated using inverse probability weighting and propensity score matching.

Results

The results of the study suggest that spending 2–3 days, 3–7 days, and >7 days in pretrial detention was associated with an increased probability of a new criminal arrest and new violent criminal arrest earlier when compared to spending 0 to 1 day in pretrial detention.

Conclusions

This research is consistent with the prior literature, suggesting that spending more time in pretrial detention might be criminogenic and contribute to an increased rate of churn through the criminal legal system.