Ability to Pay: The financial capacity of an individual to afford a monetary condition of bail.
Arrest Warrant (Warrant): A court order, based on probable cause, requiring the arrest of an individual alleged to have committed a crime.
Bail or Bond: Although these terms are often used interchangeably, bail generally refers to the process of release, whereas bond refers to the mechanism used to ensure defendants will show up for court to face the charges against them and other state identified purposes.
Bail Risk Factors (Bail Factors): Various characteristics and circumstances—such as the severity of the alleged crime and the defendant’s criminal history and ties to the community—that are considered when determining pretrial release and the conditions of that release.
Bond Schedule: A predetermined list of monetary bail conditions or amounts set for specific criminal offenses. Bond schedules are generally based on the level of offense alone, but the term will be expanded herein to include other tools used to create predetermined bail conditions, such bail matrices that include other bail risk factors.
Cash Bail: A type of secured bond or monetary condition that can be posted by the defendant themselves or by someone on their behalf. For purposes of this paper, “cash bail” will be included in the definition of “secured bond.”
Citation or Summons: An appearance ticket issued to notify someone of their court date, often used in lieu of arrest or continued custody.
Commercial Bond: A for-profit entity providing surety for a defendant’s bond. Generally, these entities receive a nonrefundable, 10 to 15 percent portion of the bond amount set by the court.
Delegated Release: When the court grants authority to another entity—such as law enforcement, bond commissioners or court clerks—to set bond before a defendant’s first appearance in court.
Failure to Appear (FTA): When a person fails to attend a scheduled court hearing as required by court order, potentially leading to legal consequences such as an arrest.
First Appearance (aka Initial Appearance): The initial hearing in court when a defendant is informed of the charges against them and their rights. This is generally when pretrial release decisions are made.
Least Onerous Conditions: The requisite of imposing the least burdensome conditions on a defendant’s release to reasonably ensure their court appearance and/or uphold public safety.
Least Restrictive Condition: The principle of imposing the minimum necessary conditions or limitations on a defendant’s freedom while reasonably ensuring their appearance in court and/or upholding safety to the public.
Monetary Conditions: The requirement of paying a specified amount of money to the court to secure release from custody before trial. This could be in the form of a secured or unsecured bond.
Nonmonetary Conditions: Court-imposed requirements, such as travel restrictions or mandatory check-ins, imposed on a defendant’s release that do not involve posting money as collateral.
Partially Secured Bond: A bond that is partially secured and partially unsecured. Under this type of bond, a defendant can pay a percentage of the monetary bail set as a deposit with the court—typically 10 percent—and is responsible only for the remainder of the bail amount if they fail to appear or break another condition of bail.
Pretrial Risk Assessment: A tool to determine a defendant’s likelihood of appearing in court or committing a criminal offense if released. These tools aim to make bail decisions more data-driven and objective.
Pretrial Services or Supervision: A program that can provide risk assessments or oversee the supervision of a defendant on pretrial release. For the purposes of this paper, pretrial services will refer to the supervision on release.
Pretrial Support: Various services and resources provided to defendants who are on pretrial release, aiming to help them address underlying issues, such as behavioral health challenges or basic needs, to increase compliance with bond conditions and achieve successful pretrial outcomes.
Preventive Detention: Holding a defendant in jail before trial without the opportunity to post bail, generally because of concerns about flight or safety risk.
Presumption: A legal inference that a court can make unless other facts lead them to the contrary.
Rebuttable Presumption: A legal assumption that something must be true unless proven otherwise with evidence, placing the burden of proof on the opposing party to provide contradictory evidence, which, if not presented satisfactorily, results in the presumption being accepted.
Release on Recognizance (ROR) (aka Personal Recognizance or Own Recognizance): Release from custody based on a promise to appear in court, without the need to post a secured or unsecured bond.
Secured Bond: A type of bail where the defendant or someone on their behalf provides the court with a specified amount of money or property as a guarantee that the defendant will return for their scheduled court appearances and comply with any other conditions set by the court. If the accused complies with all the court requirements and attends all the necessary court hearings, the bail amount is returned at the conclusion of the case. Although commercial bond is a type of secured bond, for purposes of this paper, it will be labeled separately as “commercial bond.”
Standard of Proof (Standard): The degree or level of evidence and persuasion required to establish a fact or claim in a legal proceeding. It varies depending on the decision, with “beyond a reasonable doubt’ being the highest standard in criminal cases and “preponderance of the evidence” meaning more likely than not.
Unsecured Bond: A defendant’s promise to pay a specified amount if they fail to appear in court, without requiring an upfront payment or collateral.
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