Chapter III: Pretrial Issues, Adjudication and Sentencing
Policy Statement 12: Modification of Pretrial Release Conditions
Once conditions of pretrial release are set by the court they are monitored by a pretrial services program. If the defendant fails to comply with the conditions, the program notifies the court, after which the court can revoke the release, modify the conditions, or issue a warning to the defendant.
Conditions of pretrial release are set for the purpose of minimizing risks that the defendant will present a danger to the community or fail to appear in court. Defendants with a mental illness may have particular difficulty in understanding and fulfilling those conditions. In addition, an individual with mental illness who has been detained in jail - even for a very brief period following an arrest - can face tremendous obstacles upon his or her release. In many instances, the greatest challenge is to find a suitable, affordable place to live, or to identify a family member or friend with whom to reside. Other challenges may include reestablishing eligibility for disability benefits under the federal Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), or Medicaid programs, getting back to work or other meaningful daytime activity, and establishing a connection with a provider of mental health services to ensure that appropriate treatment and support are provided in the community. Another challenge upon release may be that jail time has interrupted treatment or has altered the medication regimen, which may cause some post-release difficulties and adjustments. Thus, it is in the interests of both the defendant and the court that assistance be given to defendants in meeting the conditions of release. In addition, under the Americans with Disabilities Act, it may be required that people with mental illness be given the assistance they need to comply with pretrial release conditions.