(a) It is the intent of the Legislature in enacting this section to understand and reduce biases based on gender, income level, race, or ethnicity in pretrial release decisionmaking. (b) For the purposes of this section, the following terms have the following meanings: (1) âPretrial risk assessment toolâ means an instrument used to determine the risks associated with individuals in the pretrial context. (2) âPretrial services agencyâ means a local public agency that elects to perform pretrial risk assessments on individuals and provides the assessment information to a court. (3) âRelease conditions frameworkâ means the guidelines used by the pretrial services agency and the court to categorize varying degrees of risk for purposes of recommending whether to release or detain a person, whether to impose pretrial release conditions on a person, and guidance regarding those conditions. (4) âValidateâ means using scientifically accepted methods to measure both of the following: (A) The accuracy and reliability of the risk assessment tool in assessing (i) the risk that an assessed person will fail to appear in court as required and (ii) the risk to public safety due to the commission of a new criminal offense if the person is released before the adjudication of the current criminal offense for which they have been charged. (B) Any disparate effect or bias in the risk assessment tool based on gender, race, or ethnicity. (c) (1) Any pretrial risk assessment tool used by a pretrial services agency shall be validated by July 1, 2021, and on a regular basis thereafter, but no less frequently than once every three years. A pretrial services agency may coordinate with the Judicial Council to validate a pretrial risk assessment tool. (2) A pretrial risk assessment tool shall be validated using the most recent data collected by the pretrial services agency within its jurisdiction, or, if that data is unavailable, using the most recent data collected by a pretrial services agency in a similar jurisdiction within California. (d) (1) In order to increase transparency, a pretrial services agency shall, with regard to a pretrial risk assessment tool that it utilizes, make the following information publicly available: (A) Line items, scoring, and weighting, as well as details on how each line item is scored, for each pretrial risk assessment tool that the agency uses. (B) Validation studies for each pretrial risk assessment tool that the agency uses. (2) A pretrial services agency shall, when selecting which pretrial risk assessment tool to utilize, ensure that the agency would be able to comply with paragraph (1) if that tool was selected. (e) The Judicial Council shall maintain a list of pretrial services agencies that have satisfied the validation requirement described in subdivision (c) and complied with the transparency requirements described in subdivision (d). (f) Beginning on or before June 30, 2021, and on or before June 30 of each year thereafter, the Judicial Council shall publish on its internet website a report with data related to outcomes and potential biases in pretrial release. The report shall, at a minimum, include: (1) The following information on each county pretrial release program: (A) The name of the pretrial risk assessment tool that is used to inform release decisions by the court. (B) The release conditions framework used in the county. (C) Whether a pretrial services agency is conducting interviews as part of the risk assessment. (2) The following information by superior court in large and medium courts and otherwise aggregated by superior court size: (A) Rates of release granted prearraignment and rates of release granted pretrial, aggregated by gender, race or ethnicity, ZIP Code of residency and offense type. (B) The percent of released individuals who make their required court appearances, aggregated by offense type and whether they were released on bail or pursuant to a risk assessment. For those re
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