A Scoping Literature Review of Mental Illness in Decisions Regarding Pretrial Release

Judges generally make pretrial release decisions based on the risk that a defendant will miss court appearances or pose a danger to the community; for criminal cases initiated in state courts, this decision-making is guided by state bail statutes, with judicial discretion within statutory limits. Individuals with mental illnesses may be disproportionately exposed to pretrial detention, exposing them to the psychiatric, medical, and legal consequences of incarceration. The purpose of this literature review was to find out if and how mental illness is related to missed court appearances or rearrest while individuals are awaiting trial. This review identified a limited number of empirical studies examining the association between mental illness and these outcomes. The results of the studies were variable. Although some studies found that mental illness variables predicted failure to appear, the relationship was more prominent for women than men. Substance use and criminal history appear to be more consistent predictors than mental illness. The data on the relationship between mental illness-related variables and rearrest are also mixed. Further research is needed to understand if or how mental illness affects decisions on pretrial detention.