Marc Levin offers twelve key points for policymakers regarding pretrial justice:
1. The front door of the criminal justice system affects more people than any other part.
2. The Eighth Amendment of the U.S. Constitution and most state constititions prohibit excessive or unreasonable bail.
3. There are several important goals that pretrial justice policies seek to achieve.
4. Today, there are several different types of pretrial release, which may be used in combination.
5. The use of commercial bail, or a surety bond, uses the private sector in the process of inducing the accused to appear for trial and securing "skips"–those who fail to appear.
6. County pretrial release programs often seek to avoid the potentially negative consequences of pretrial incarceration of some defendants who cannot afford bail.
7. Some jurisdictions are implementing actuarial risk assessments to help judges and magistrates determine the amount of bail and/or conditions of pretrial supervision.
8. A longer, in-person assessment instrument is not necessarily a better one.
9. There are proven models of police diversion from jail for minor offenses, including citations and summons.
10. Technology, such as electronic monitoring, automated reminder calls, and voice recognition reporting, can help reduce failure to appear rates.
11. Swift, certain, and commensurate sanctions and incentives can enhance compliance with pretrial conditions of release.
12. Counties should analyze key data points before expanding their jails.