Release on Recognizance

Release on Recognizance in the United States

A method by which people awaiting criminal prosecution are released. Release on recognizance, also known as ROR, is an alternative to pretrial detention and does not require the accused to post bail in order to obtain release. A determination as to whether a person is released on personal recognizance is made by the trial court. Often, release is based on nothing more than the accused’s written promise to appear at all remaining legal proceedings. In deciding whether to permit ROR, a judge or magistrate must consider the nature and circumstances of the charged offense as well as assess the likelihood of flight. Such factors as family relationships, employment, previous criminal record, length of residency in the community, and general character are relevant to such a determination. Release on recognizance is wholly within the discretion of the court and special conditions such as release to the custody of another may be attached. Those charged with violent felonies are usually categorically ineligible for ROR.

Analysis and Relevance

Release on recognizance was developed in large measure to reduce the inequities of pretrial release based on financial resources. Indeed, ROR and the deposit system are among pretrial release “reforms” instituted since the early 1960s to take the harsh economic edge off the pretrial release process. ROR is not only effective in providing greater equity of access to pretrial release, but also in assuring that defendants appear when required. The first extensive examination of ROR came in the Manhattan Bail Project conducted in New York City in the early 1960s, and it became immediately apparent that personal ties to the community provide sufficient incentives for a person to return to court. Subsequent studies continue to show that ROR lowers “bail jumping” among those who qualify for ROR.

Notes and References

Definition of Release on Recognizance from the American Law Dictionary, 1991, California