Pretrial Services Eligibility Policy

  1. Program Eligibility
    1. General
      • The defendant must be recommended for supervision by a judicial officer and meet the program’s eligibility requirements.
      • The defendant must be 16 years old or older.
      • The defendant must not have any warrants or detainers.
      • The defendant must not have an unsecured or cash bond.
      • The defendant must not be released through a bail agent.
    2. Residential
      • The defendant must reside in the State of North Carolina. If a defendant is not a resident of Mecklenburg County or a bedroom community (Union, Cabarrus, Iredell, Gaston, or Lincoln Counties), then courtesy supervision must be arranged for standard or intensive level cases. Courtesy supervision is not required for administrative level cases.
      • If the defendant lives with the prosecuting witness (PW), the witness must approve that the defendant can return to the residence.
      • If the victim is a child and resides with defendant, DSS caseworker must approve release if, and only if, there is a victim protection plan already in effect.
    3. Automatic Exclusions
      • The victim is hospitalized as a result of the offense and their medical status is unknown, critical, or serious.
      • The defendant refuses to abide by the terms of the Pretrial Services supervision contract or judicial conditions of release.
      • The defendant is a registered sex offender and their new offense is related to their status as a sex offender.
      • The defendant does not have a co-signer available when under the age of 18. (Note: cosigner must meet program eligibility requirements.)
  2. Ineligible Offenses
    • The following charges are ineligible for supervision by Pretrial Services:
      • 2nd Degree Sexual Exploitation Of Minor [E]
      • 3rd Degree Sexual Exploitation Of Minor [H]
      • Abduction Of Children [F]
      • Abduction Of Children – Conspiracy [G]
      • Abduction Of Children - Induce To Leave [F]
      • Aid And Abet Armed Robbery [D]
      • Assault W/Deadly Weapon On Govt. Officer/Emp.-Gun [F]
      • Attempt 1st Deg. Sex Off.-Victim Over 13-Aid Another [B2]
      • Attempt 1st Deg. Sex Off.-Victim Over 13-D. Weapon [B2]
      • Attempt 1st Deg. Sex Off.-Victim Over 13-Serious Injury [B2]
      • Attempt 1st Deg. Sex Off.-Victim Under 13 [B2]
      • Attempt 1st Deg. Sex Off.-Victim Under 13-Other [B2]
      • Attempt 1st Degree Rape-Victim 13 Or More-Aid Another [B2]
      • Attempt 1st Degree Rape-Victim 13 Or More-D. Weapon [B2]
      • Attempt 1st Degree Rape-Victim 13 Or More-Serious Injury [B2]
      • Attempt 1st Degree Rape-Victim Under 13 [B2]
      • Attempt 1st Degree Rape-Victim Under 13-Other [B2]
      • Attempt 2nd Degree Rape-By Force [D]
      • Attempt 2nd Degree Rape-Victim Helpless(Mental/ Physical) [D]
      • Attempt Sex Offense - Parental Role [F]
      • Attempt Sex Offense - Parental Role – Other [F]
      • Attempted Robbery With A Dangerous Weapon [E]
      • Attempted Sexual Exploitation Of Minor [D]
      • Babysit By/Home Sex Offender - By Sex Offender [F]
      • Babysit By/Home Sex Offender 2+ - By Sex Offender [F]
      • Babysit By/Home Sex Offender 2+ Home Of Sex Offender [F]
      • Common Law Attempted Murder
      • Common Law Attempted First Degree Murder [B2]
      • Common Law Attempted Second Degree Murder
      • Common Law Conspiracy Robbery Dangerous Weapon [D]
      • Common Law Conspiracy Robbery Dangerous Weapon [D]
      • Death By Vehicle – Felony [E]
      • Escape By Hired Prisoner
      • Escape From Local Jail - After Conviction [1M] (H Felony if convicted of a felony)
      • Escape From Local Jail - After Conviction [1M] (H Felony if convicted of a felony)
      • Escape From Local Jail - Awaiting Trial [1M]
      • Escape From Local Jail Personnel - Awaiting Trial [1M]
      • Escape From Local Jail Personnel -After Conviction [1M] (H Felony if convicted of a felony)
      • Escape From Local Jail Personnel -After Conviction [1M] (H Felony if convicted of a felony)
      • Escape From State Prison System – Felony [H]
      • Escape From State Prison System – Misdemeanor [1M]
      • Escapee Private Correctional Facility [H]
      • Fail Register Sex Offender [F]
      • Fail Register Sex Offender [F]
      • Fail Register Sex Offender [F]
      • Fail Register Sex Offender [F]
      • Federal Prisoner
      • Felonious Hit/Run Serious Injury/Death [F]
      • First Degree Sexual Exploitation Of A Minor [C]
      • Fugitive/Extradition Other State
      • Interstate Compact -Probation/Parole
      • Manslaughter – Voluntary [D]
      • Manslaughter-Involuntary [F]
      • Manslaughter-Involuntary - Motor Vehicle [E]
      • Murder
      • Murder - First Degree [A]
      • Murder - Second Degree [B2]
      • Parole Violation
      • Parole Violation
      • Probation Violation
      • Probation Violation
      • Probation Violation
      • Probation Violation - Out Of County
      • Probation Violation - Out Of County
      • Rape Of A Child
      • Rape-1st Degree-Victim 13 Years Or More-Aid By Another [C]
      • Rape-1st Degree-Victim 13 Years Or More- Weapon [C]
      • Rape-1st Degree-Victim Under 13 [B1]
      • Rape-1st Degree-Victim Under 13-Other [B1]
      • Rape-2nd Degree By Force Against Will Of Victim [C]
      • Rape-2nd Degree-Victim Mentally/Physically Helpless [C]
      • Registered Sex Offender - Fail To Change Address
      • Robbery With Dangerous Weapon-Business/Other Place [D]
      • Robbery With Dangerous Weapon--Individual (Felony) [D]
      • Second Degree Sexual Exploitation Of Minor [E]
      • Sex Offender Emp. Violation – Childcare [F]
      • Sex Offender/Child Premises [H]
      • Sex Offense - Institution – Other
      • Sex Offense - 1st Degree Victim 13 Or Older-Serious Injury [C]
      • Sex Offense - 1st Degree Victim 13 Or Older-Serious Injury [C]
      • Sex Offense - 2nd Degree By Force Against Will Of Victim [C]
      • Sex Offense – Institution
      • Sex Offense - Parental Role [E]
      • Sex Offense -1st Degree Victim 13 Or Older-Aided By Another [C]
      • Sex Offense -1st Degree Victim 13 Or Older-Aided By Another [C]
      • Sex Offense Student (F) [G]
      • Sex Offense Student (M) [A1]
      • Sex Offense-1st Degree-Victim 13 Or Older- Weapon [C]
      • Sex Offense-1st Degree-Victim 13 Or Older- Weapon [C]
      • Sex Offense-1st Degree-Victim Under 13[B1]
      • Sex Offense-1st Degree-Victim Under 13-Other [B1]
      • Sex Offense-2nd Degree-Victim Mentally/Physically Helpless [C]
      • Sex Offender Use Social Website [I]
      • Sexual Battery - By Force/Against Will [A1]
      • Sexual Battery - Disabled/Incapacitated; Helpless [A1]
      • Sexual Exploitation Of Minor
      • Sexual Offense With A Child
      • Solicit By Computer/Appear [G]
      • Solicit Child By Computer – Child [H]
      • Solicit Child By Computer - Defendant Believes To Be Child [H]
      • Solicit Electronic Mon. Device – Felony
      • Solicitation Of Child By Computer To Commit Unlawful Act [H]
      • Solicitation Of Child By Computer To Commit Unlawful Act [H]
      • Stat Rape/Sex Offense >=6yr [B1]
      • Stat Rape/Sex Offense >4<6yr [C]
      • Third Degree Sexual Exploitation Of A Minor [H]