Courts

Pre-Trial Release or Detention

The pre-trial process includes a conference held before the trial begins to bring the parties together to outline discovery proceedings and define the issues being tried. In some cases, the system permits release of a person from custody at this time where such security has been taken.

The pre-trial release decision involves decision makers and stakeholders including the judge, jail administrator and the pre-trial release program administrator. The key decision is whether to place the defendant into a pre-trial release program.

Sentencing

Sentencing is the post-conviction stage of the criminal justice process when the defendant is brought before the court for the imposition of a penalty.

At the time of sentencing, decision makers and stakeholders include the judge, PSI investigator, prosecutor, defendant and victim.

Key decisions include:

1. The adjudication decision, whether there is a pre-sentence investigation ordered,  or separate sentencing stage
2. What happens in the plea agreement
3. Where and for how long should the defendant be placed in detention or on supervision and to what end (punishment, incapacitation, deterrent, or restoration/rehabilitation).

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