Overuse of jail incarceration is a significant issue in the United States, with many people detained pretrial because they cannot afford to pay the monetary bail required for their release. In Missoula County, Montana, stakeholders identified gaps in pretrial support services and barriers to court appearances as key drivers of jail incarceration. With support from the MacArthur Foundation’s Safety and Justice Challenge, municipal court judges established the Pretrial Assistance to Support Success (PASS) program to help people navigate the court process and reduce barriers to court appearance.
Why This Matters
The availability of pretrial supports plays a critical role in whether people released from jail successfully navigate the pretrial period without violating the terms of their release or committing new offenses. Many jurisdictions rely on pretrial supervision programs and compliance-based conditions that can be difficult to meet, particularly for people facing housing instability, transportation barriers, or behavioral health challenges. When these underlying challenges go unaddressed, people are more likely to miss their court dates or violate the terms of their release, increasing their risk of further entanglement in the criminal legal system. Addressing these barriers through supportive services can improve court compliance while reducing reliance on jail incarceration.
What We Found
The PASS program in Missoula County offers voluntary supportive services to help people navigate the municipal court process and meet pretrial conditions. Stakeholders reported that the program had improved court appearance rates, access to resources and services, and collaboration among local criminal legal system stakeholders. The program’s focus on support and human interactions, rather than restrictive supervision practices like drug testing or electronic monitoring, was viewed as critical to its success improving outcomes for people experiencing homelessness and people with mental and behavioral health needs in particular. Implementation challenges included maintaining contact with high-needs participants, insufficient supportive services in the broader community, and early messaging and communication barriers.
How We Did It
Our methodology for this case study included semistructured interviews with 29 key criminal legal system stakeholders in Missoula County and 7 PASS program participants; review of SJC progress reports and other documentation related to the development and implementation of the program; analysis of program data provided by local stakeholders; and examination of jail population data collected by the Institute for State and Local Governance. We analyzed transcripts and notes from the interviews using NVivo qualitative analysis software, applying a codebook developed to identify themes related to the implementation of the PASS program and other local criminal legal system reform efforts in Missoula County.
