Decision-Drivers: Mechanisms & Conditions for Pretrial Risk Assessment Adoption in North Carolina Counties

Today, twenty-one counties in NC have adopted pretrial risk assessment tools (PRATs) to assist courts in making informed release decisions during the pretrial process. The use of these tools is highly contentious, yet there has been limited investigation into the mechanisms and conditions which drive counties to adopt such tools. In the absence of any state-wide mandates, North Carolina counties offer a unique opportunity to examine how and why PRATs are adopted by courts. This study utilizes qualitative comparative analysis (QCA) of NC counties, in combination with sixteen interviews of stakeholders in the NC county pretrial process to offer insights into the conditions and mechanisms that drive PRAT adoption on the county-level. Results from QCA suggest that the presence of a pretrial program is a gateway prerequisite for PRAT adoption, and furthermore, that counties with high BA attainment rates and low persistent poverty may be more likely to implement these tools. Interview analysis confirms the necessity of pretrial service programs, indicates resource and technical limitations on adoption, and reveals geographical and social spread effects.