How do pretrial defendants perceive and experience pretrial risk assessments? Mixed-methods findings across 10 pretrial services agencies

In response to national pretrial reform efforts, local jurisdictions adopted pretrial risk assessments to inform release and supervision decisions. Despite their widespread use, legal advocates and stakeholders have voiced concerns over these tools, including their potential for reinforcing racial bias and curtailing discretion. Prior research has examined these claims empirically, focusing on observational studies and perceptions of judicial decision-makers. However, existing research neglects a critical perspective: those of pretrial defendants themselves, who are most affected by risk assessment-guided decisions and represent a hard-to-reach population. To bring defendant perspectives into this debate, we sampled pretrial defendants who were placed on risk assessment-informed supervision across 10 local jurisdictions. We conducted surveys and semi-structured interviews with 256 and 73 defendants, respectively, to examine their perspectives on pretrial risk assessments. Survey responses showed defendants were largely supportive of pretrial risk assessments as an alternative to cash bail; however, only a third remembered receiving a pretrial risk assessment. Black and multiracial defendants were less likely to recall receiving a risk assessment relative to their white counterparts. Semi-structured interview findings largely supported survey findings, with defendants expressing limited awareness of risk assessments being conducted. Our findings highlight a disconnect between risk assessment implementation and defendant experiences.