Based on the investigation findings, the officer prepares a report that helps the court make an informed release or detention decision. The report addresses two basic questions:

1) Is the defendant likely to stay out of trouble and come back to court?

2) If not, what conditions should the court impose to increase the likelihood?

The officer considers both danger and nonappearance factors before making a recommendation to the court to release or detain the defendant. For example, the offense with which the defendant is charged and the defendant’s substance abuse history may present both danger and nonappearance considerations.

Factors such as prior arrests and convictions or a history of violence raise danger concerns.  Factors such as the defendant’s immigration status and ties to family and community may influence nonappearance.

The officer’s mandate is to recommend to the court the least restrictive conditions that will reasonably assure that the defendant appears in court and poses no danger. If no risk factors are evident, the officer recommends release on personal recognizance.  If risk factors exist, the officer recommends either detention or release with conditions.

Release conditions are tailored to the individual defendant, but always include the universal condition that the defendant not commit a federal, state, or local crime during the period of release.

The officer may recommend that the court set release conditions to accomplish goals, including to prohibit possession of weapons, contact with victims, or use of alcohol or drugs; to restrict the defendant’s freedom of movement or with whom the defendant associates; and to require the defendant to seek or maintain a job, obtain education or training, or surrender a passport.

If the defendant is likely to fail to appear, the officer may recommend a financial bond, which the defendant (or his or her family) forfeits if the defendant does not return to court as directed.