Preventive detention is the practice of ordering that a person be detained during the pretrial period, typically based on an appraisal of their danger to the community or risk of flight. It is a key component of many pretrial systems, particularly those that no longer use financial conditions of release (often called “money bond”) such as Illinois and New Jersey. These systems require a judicial officer to make informed, intentional, and direct decisions about release and detention, rather than allowing a person’s release to be contingent on their access to money.
Even states that continue to use money bond, can incorporate the principles underlying preventive detention—including clear legal criteria; due process protections; and accurate standardized information about the person, their criminal history, and the alleged offense—into daily practices. In most cases, making intentional decisions based on risk, rather than defaulting to financial conditions, has the potential to transform your pretrial system in ways that uphold constitutional rights and improve community safety and well-being.
This training explored what preventive detention is, how it differs across jurisdictions, and what it takes to implement its key principles in a manner that is fair, consistent, and aligned with legal and research-based principles.
“Very much appreciated hearing from Judge Zeerip – it’s great to hear a perspective from the bench and to hear someone (especially a former prosecutor) with his resolve and awareness.”
