Pretrial Release Order Job Aid D.C. Superior Court Edition

Pretrial Services Agency for the District of Columbia PROMOTING PRETRIAL JUSTICE AND ENHANCING COMMUNITY SAFETY

Pretrial Release Order Job Aid D.C. Superior Court Edition (October 2024)

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Pretrial Release Condition Job Aid D.C. Superior Court Edition

Courtroom clerks play a crucial role in ensuring court proceedings run smoothly and that defendants’ Pretrial Release Orders adhere to judicial instructions. This guide is designed to help you complete the release order correctly, contributing to the overall effectiveness of the judicial process.

The following guidance provides a detailed breakdown of each section of the Pretrial Release Order and clarifies when to select the specific release conditions based on the judge’s instruction.

Important note: you must contact a PSA Court Representative when the court orders: Electronic monitoring conditions, Bed-to-bed substance use disorder treatment placement, and/or Placement into Sanction-Based Treatment If you have questions or need further clarification, please do not hesitate to contact: George Monk, Unit Chief, Supervision Unit II George.Monk@psa.gov 202-631-0451 Jeffrey Wright, Unit Chief, Drug Testing and Release Services Unit Jeffrey.Wright@psa.gov 202-631-0492

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TABLE OF CONTENTS

I. Report Immediately to Pretrial Services Agency (PSA), Room C-301

01

II. Substance Use Testing

02

III. Firearms

03

IV. Stay Away

04

V. Fugitive

04

VI. Initial Reporting Requirements (PSA)

05

VII. Reporting Requirements (Probation/Parole/Supervised Release)

06

VIII. Reporting for Supervision Orientation

07

IX. PSA Mental Health

08

X. Substance Use Assessment/Placement

09

XI. Urgent Care Clinic

10

XII. Address Verification/Live At

11

XIII. Curfew

12

XIV. Electronic Monitoring

13

XV. Diversion/Community Service

14

XVI. Sanction-Based Treatment

15

XVII. DC/Traffic Offenses

16

XVIII. Other Requirements

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I. Report immediately to Pretrial Services Agency (PSA), Room C-301

Condition

Report to C-301

Guidance Select if the court orders the defendant to report immediately to C-301 to review their conditions of release.

Please note that if the court orders a specific date/time to report to C-301, document it in the Other Requirements section.

Pretrial Release Order Form | Example A

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II. Substance Use Testing

Condition

Guidance Select this condition if the court mandates the defendant to weekly drug testing.

Report to PSA, Room C-220, for weekly testing

Please note that all defendants will be placed on a random testing schedule, except those supervised by the Specialized Supervision Teams. Defendants on a random testing schedule must test a minimum of once per week.

Select this condition if the court orders an evaluation drug test to determine whether a defendant is currently using an illicit substance(s).

Evaluation, if positive, weekly testing

Diversion consideration

If the evaluation test is positive, the defendant will be placed into weekly testing. If negative, no further testing is required.

Select this condition if the court orders the defendant to test negative in the initial drug test or consecutively test negative two times and maintain these results by the first status hearing.

The defendant is removed from testing if their initial test is negative, or they submit two consecutive negative tests.

Select this condition if the court orders the defendant to undergo alcohol testing. Please note that alcohol testing is considered a separate condition and is not included in the standard drug testing panel.

Include alcohol

Full screen

The initial test at arraignment or presentment does not include alcohol screening. If alcohol testing is ordered as a condition of release, and the defendant has already provided an initial sample, they must submit another sample that includes alcohol testing, even if it is on the same day as their lock-up test.

Select this condition if the court orders the defendant to test for all illegal drugs and alcohol.

Pretrial Release Order Form | Example B

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III. Firearms

Condition

Guidance

Warning Given

Select this condition to confirm whether the defendant received an official advisory from the court informing them of legal restrictions on possessing a firearm while the case is pending.

Do Not Possess Firearms

Select this condition if the court prohibits the defendant from possessing a firearm while the case is pending.

Pretrial Release Order Form | Example C

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IV. Stay Away

Condition

Stay Away No Contact Order

Guidance

Select this condition if the court orders the defendant to stay away from a person and/or location. This condition is typically ordered in cases involving victims or a place where a crime occurred.

Please note that if an addendum is not provided, the stay away information must be entered in the Other Requirements section of the release order.

Pretrial Release Order Form | Example D

V. Fugitive Condition

Report to Demanding Jurisdiction

Guidance

Select this condition if the court orders the defendant to report to a demanding jurisdiction to resolve an outstanding warrant. Please note that the court must document the state and county of this jurisdiction.

Pretrial Release Order Form | Example E

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VI. Initial Reporting Requirements (PSA)

Condition

Guidance

Weekly Monthly

Specify the frequency with which the court orders the defendant to report to PSA.

In Person

By Phone

Specify the method by which the court orders the defendant to report to PSA.

Monthly by phone to verify court date

Select this condition to indicate whether the court orders the defendant to notify PSA within 24 hours if there is a change in their address or if there are any alternative ways to contact them.

As directed by PSA

Times

Select this condition if the court allows PSA to modify the defendant’s reporting conditions based on compliance and risk. Please note that both the frequency and method can be adjusted without needing a new order.

Specify the time at which the court orders the defendant to report to PSA.

Pretrial Release Order Form | Example F

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VII. Reporting Requirements (Probation/Parole/Supervised Release)

Condition

Guidance

In Person

By Phone

Specify the method by which the court orders the defendant to report to their post-sentence supervision officer.

By Date

Specify the date by which the court orders the defendant to report to their post-sentence supervision officer.

Pretrial Release Order Form | Example G

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VIII. Reporting for Supervision Orientation

Condition Within 1 Business Day Within 2 Business Day

By Date

Guidance Specify the timeframe within which the court orders the defendant to report to PSA for a Supervision Orientation.

Specify the date by which the court orders the defendant to report to PSA for orientation.

Pretrial Release Order Form | Example H

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IX. PSA Mental Health

Condition Screening/Possible Placement

Maintain Services

Specialized Supervision Team (SST) Placement

Guidance Select this condition if the court orders the defendant to undergo a screening for mental health services.

Select this condition if the court orders the defendant to continue receiving mental health services. Although the 'maintain mental health services' condition can result in assignment to SST, there are instances when defendants who receive this condition are either not assigned to SST or are ineligible for assignment.

Select this condition if the defendant has already been screened and it has been determined that they need mental health services and are eligible for assignment to the Specialized Supervision Team (SST). When this condition is ordered, the defendant is required to continue receiving mental health services.

Please note that some judges may order the defendant directly into SST.

As directed by PSA

This condition is no longer utilized in this section.

Pretrial Release Order Form | Example I

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X. Substance Use Assessment/Placement

Condition

Alcohol Substance Use

Guidance Select this condition if the court orders the defendant to undergo an assessment to determine their treatment needs. Specify the type of assessment (i.e., alcohol and/or substance use).

Indicate full-screen spot drug test in the Other Requirements section of the release order.

Pretrial Release Order Form | Example J

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XI. Urgent Care Clinic

Condition

Guidance

Alcohol/Substance Use Disorder Mental Health

Select this condition if the court determines there is an immediate need for the defendant to report the Urgent Care Clinic to undergo an alcohol, substance use disorder, or mental health assessment. The clinic is located in the courthouse, Room 1230.

Pretrial Release Order Form | Example K

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XII. Address Verification/Live At

Condition

Guidance

Immediately Next Business Day

Select this condition to specify the timeframe within which the court orders the defendant to begin the address verification process.

Contact PSA within 24 hours

Defendant Must Live At

Select this condition to specify if the court requires the defendant to notify PSA within 24 hours if there is a change in their address or if there are alternative ways to contact them.

Select this condition to specify whether the court orders the defendant to reside at a specific location.

Pretrial Release Order Form | Example L

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XIII. Curfew

Condition

Guidance Specify the timeframe within which the court orders the defendant to remain at a designated location.

From

Please note that this condition is not actively monitored unless electronic monitoring is also ordered. Modifications must be documented in the Other Requirements section.

Daily

Select this condition if the court orders the defendant to remain at a designated location daily.

Other

Modifications to the curfew must be documented in the Other Requirements section.

Pretrial Release Order Form | Example M

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XIV. Electronic Monitoring

Condition

Home Confinement

Guidance Home confinement serves as an alternative to incarceration, when appropriate, for defendants at high and very high risk for rearrest. Defendants will only be granted permission to leave the residence for verified appointments.

Select this condition if the court orders the defendant to report for home confinement.

Orientation must also be selected.

Please note that exceptions to the court-ordered home confinement should be noted in the Other Requirements section of the release order (i.e., work and/or school attendance).

Location Monitoring

Location monitoring tracks a defendant’s movements in the community.

Select this condition if the court orders the defendant to report for location monitoring.

Orientation

Indicate that the orientation time is the next business day at 10:00 am.

Pretrial Release Order Form | Example N

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XV. Diversion/Community Service

Condition Report to Room 4203 for assessment and consideration

Guidance Select this condition if the court orders the defendant to be assessed for diversion or community services.

Pretrial Release Order Form | Example O

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XVI. Sanction-Based Treatment

Condition

Orientation

Guidance Select this condition if the court orders the defendant to report for Sanction-Based Treatment (SBT) orientation.

Please note that orientations are conducted Tuesdays and Thursdays from 10 am -12 pm.

Additionally, before placement in SBT, defendants must complete a substance use assessment.

Pretrial Release Order Form | Example P

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XVII. DC/Traffic Offenses

Condition

Guidance

Do Not Drive without a valid permit

Select this condition if the court prohibits the defendant from driving without a valid permit.

Do Not Drive after consuming alcohol or any illegal or controlled substance, or any medication that causes impairment

Select this condition if the court prohibits the defendant from driving after consuming alcohol or any illegal or controlled substance, or medication that causes impairment.

Pretrial Release Order Form | Example Q

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XVIII. Other Requirements

Condition

Guidance

Other Requirements

Select this condition if the court orders release conditions that are not listed on the form.

Pretrial Release Order Form | Example R

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Pretrial Services Agency for the District of Columbia

A federal agency dedicated to promoting pretrial justice and enhancing community safety in the District of Columbia.