6.4 Detention and Corrections
One option for providing meaningful accountability for defendants released pretrial, absent cash bail, is the use of sanctions that are “swift, certain, and fair,” following the tenets of Hawaii’s Opportunity Probation with Enforcement (HOPE) probation program, a high-intensity supervision program.388 Like probation, pretrial release can be viewed as a form of community supervision, which should include sanctions for violations.389
388 Mark A.R. Kleiman, “Swift-Certain-Fair: What Do We Know Now, and What Do We Need to Know?,” Criminology & Public Policy 15 (2016), onlinelibrary.wiley.com/doi/abs/10.1111/1745-9133.12258.
389 Mark A.R. Kleiman, Beau Kilmer, and Daniel T. Fisher, “Response to Stephanie A. Duriez, Francis T. Cullen, and Sarah M. Manchak: Theory and Evidence on the Swift-Certain-Fair Approach to Enforcing Conditions of Community Supervision,” Federal Probation 78, no. 2 (2014), uscourts.gov/sites/default/files/78_2_8_0.pdf.
