Justice Counts Technical Implementation Guide - 4 Courts and Pretrial Operations

Data Characteristics

The digital infrastructure allows different types of court systems to define the functions of their system.

For all court-related metrics, agencies should share data relating to all criminal court cases filed in their jurisdiction. Following the definition set by partner organization the National Center for State Courts, Justice Counts defines a criminal court case as an action brought by a prosecutor on behalf of the jurisdiction their office represents against a person accused of violating a criminal law. Criminal cases are separated into three main categories:

Infractions: Minor violations typically punishable by payment of a fine.
Misdemeanors: Less serious crimes than a felony, typically punishable by less than a year of confinement, community supervision, fines, or other punishments.
Felonies: Serious criminal offenses punishable by more than a year in prison, including life in prison or, in some jurisdictions, the death penalty, or community supervision in some instances.

Note regarding cases with multiple charges

For cases in which there were multiple offenses, please apply a hierarchy rule and share data according to the most serious offense (as determined by the agency). Cases with a felony and misdemeanor or infraction charges would be counted as felony cases. If your agency does not have a hierarchy rule, we recommend following the summary reporting model of crimes against persons considered most serious, followed by crimes against property, public order offenses, and drug offenses. Also note that the terminology in these offense categories is drawn directly from National Incident-Based Reporting System (NIBRS) and does not necessarily reflect the preferred language and values of the CSG Justice Center.

For court systems with a combined criminal and civil docket

If possible, please only share data as it relates to criminal case processing. If it is not possible to disaggregate civil and criminal data for some metrics, please prorate the metric to estimate the portion reflecting criminal cases. For example, if 50 percent of the court’s docket are criminal cases, an agency could prorate their facility costs to reflect that 50 percent of the total cost is for criminal cases. Similarly, if criminal cases comprise 30 percent of a judge’s docket, that can be prorated as 0.3 full time equivalent positions. If it is not possible to disaggregate or prorate data, please add a contextual note when prompted to explain that the figures include data for civil case processing.

For court systems that oversee pre- and post-adjudication probation functions

Whenever possible, agencies should share only data related to pre- and post-adjudication supervision in “Community Supervision” metrics and share only data related to court functions separately here in “Courts and Pretrial Operations” metrics. We understand that it may not be possible to disaggregate metrics such as funding, expenses, and staff when they are shared across agency functions. In instances where courts and community supervision data cannot be disaggregated, please share combined data here in “Courts and Pretrial Operations” metrics and leave “Community Supervision” metrics blank. For metrics showing combined data, please add a contextual note when prompted to explain that the figures include data for multiple Justice Counts sectors.

For offices that also handle non-criminal matters

Whenever possible, offices should share only data related to criminal case processing. We understand that it may not be possible to disaggregate metrics such as funding, expenses, and staff when they are shared across office functions. For metrics showing combined data, please add a contextual note when prompted to explain that the figures include data for other types of case processing.

Global Definitions

To make configuring metrics as easy as possible, the courts included in your criminal jurisdiction only need to be defined once at the outset of onboarding. This definition is then applied throughout the rest of your metrics configuration.

Criminal Courts

Justice Counts description: The government entity with the legal authority to hear and decide criminal cases in specific geographic areas (e.g., state, judicial district, county, etc.).

The Justice Counts preferred definition includes and excludes the following:

INCLUDE	Courts of special or limited jurisdiction (e.g., traffic court)
INCLUDE	Courts of general jurisdiction
INCLUDE	Problem-solving courts (e.g., drug court, veterans court)
INCLUDE	Courts of appeal
EXCLUDE	Civil courts
EXCLUDE	Family courts
EXCLUDE	Juvenile courts

4.1 Funding

Preferred sharing frequency: Annually
Preferred time period: First day of fiscal year to last day of fiscal year

Metric description: The amount of funding for the operation and maintenance of the court system to process criminal cases.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

Funding timeframe and spend-down
INCLUDE	Funding for single fiscal year
INCLUDE	Biennium funding appropriated during the time period
INCLUDE	Multi-year appropriations that are allocated during the time period

Funding purpose
INCLUDE	Funding for court system facility operations and maintenance
INCLUDE	Funding for construction or rental of new court system facilities
INCLUDE	Funding for court system-run or -contracted treatment and programming
INCLUDE	Funding for pretrial services managed by the court system
INCLUDE	Funding for court system staff
INCLUDE	Funding for criminal case processing
INCLUDE	Funding for electronic case management systems
EXCLUDE	Funding for community supervision operations and facility maintenance
EXCLUDE	Funding for juvenile court systems
EXCLUDE	Funding for non-court system functions such as law enforcement or jails

4.1.1 State Appropriations

Breakdown description: The amount of funding appropriated by the state for the operation and maintenance of the court system’s criminal case processing.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Finalized state appropriations
EXCLUDE	Proposed state appropriations
EXCLUDE	Preliminary state appropriations
EXCLUDE	Grants from state sources that are not budget appropriations approved by the legislature/governor

4.1.2 County or Municipal Appropriations

Breakdown description: The amount of funding counties or municipalities appropriated for the operation and maintenance of the court system’s criminal case processing.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Finalized county or municipal appropriations
EXCLUDE	Proposed county or municipal appropriations
EXCLUDE	Preliminary county or municipal appropriations

4.1.3 Grants

Breakdown description: The amount of funding derived by the agency through grants and awards to be used for the operation and maintenance of the court system’s criminal case processing.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Local grants
INCLUDE	State grants
INCLUDE	Federal grants
INCLUDE	Private or foundation grants

4.1.4 Other Funding

Breakdown description: The amount of funding for the operation and maintenance of the court that is not appropriations from the state, appropriations from counties or cities, or funding from grants.

If criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

4.1.5 Unknown Funding

Breakdown description: The amount of funding to be used for the operation and maintenance of the court for which the source is not known.

If criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

4.2 Expenses

Preferred sharing frequency: Annually
Preferred time period: First day of fiscal year to last day of fiscal year

Metric description: The amount spent by the court system for the operation and maintenance of the court system to process criminal cases.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

Expenses timeframe and spend-down
INCLUDE	Expenses for single fiscal year
INCLUDE	Biennium funding appropriated during the time period
INCLUDE	Multi-year appropriations that are allocated during the time period

Expense purpose
INCLUDE	Expenses for court system facility operations and maintenance
INCLUDE	Expenses for construction or rental of new court system facilities
INCLUDE	Expenses for court system-run or -contracted treatment and programming
INCLUDE	Expenses for pretrial services managed by the court system
INCLUDE	Expenses for court system staff
INCLUDE	Expenses for criminal case processing
INCLUDE	Expenses for electronic case management systems
EXCLUDE	Expenses for community supervision operations and facility maintenance
EXCLUDE	Expenses for juvenile court systems
EXCLUDE	Expenses for non-court system functions such as law enforcement or jails

4.2.1 Personnel

Breakdown description: The amount spent by the court to employ personnel involved in the operation and maintenance of the court for the processing of criminal cases.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Salaries
INCLUDE	Benefits
INCLUDE	Retirement contributions
INCLUDE	Costs for individuals contracted to work in or for the court system
EXCLUDE	Costs for companies contracted to work in or for the court system

4.2.2 Training

Breakdown description: The amount spent by the court on the training of personnel and staff involved in the operation and maintenance of the court for the processing of criminal cases, including any associated expenses, such as registration fees and travel costs.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Annual training
INCLUDE	Continuing legal education (CLE)
INCLUDE	Continuing education – other (not CLE eligible)
INCLUDE	Training academy
INCLUDE	Specialized training
INCLUDE	External training or professional development opportunities (conferences, classes, etc.)
EXCLUDE	Courses or programs offered at no cost to individuals or the court system

4.2.3 Facilities and Equipment

Breakdown description: The amount the court spent for the purchase and use of the physical plant and property owned and operated by the court for the processing of criminal cases.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Court system facility operations
INCLUDE	Court system facility maintenance
INCLUDE	Court system facility renovation
INCLUDE	Court system facility construction
INCLUDE	Equipment (e.g., computers, communication, and information technology infrastructure)

4.2.4 Other Expenses

Breakdown description: The amount spent by the court on other costs relating to the operation and maintenance of the court for the processing of criminal cases that are not personnel, training, or facilities and equipment expenses.

If criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

4.2.5 Unknown Expenses

Breakdown description: The amount spent by the court on other costs relating to the operation and maintenance of the court for the processing of criminal cases for a purpose that is not known.

If criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

4.3 Judges and Staff

Preferred sharing frequency: Annually
Preferred time period: Last day of the fiscal year

Metric description: The number of full-time equivalent positions budgeted and paid for by the court system for criminal case processing.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Filled positions
INCLUDE	Staff positions budgeted but currently vacant
INCLUDE	Full-time positions
INCLUDE	Part-time positions
INCLUDE	Contracted positions
INCLUDE	Temporary positions
EXCLUDE	Volunteer positions
EXCLUDE	Intern positions

4.3.1 Judges

Breakdown description: The number of full-time equivalent positions for judges for criminal case processing.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Judges with a criminal case docket
INCLUDE	Judges without a criminal case docket

4.3.2 Legal Staff

Breakdown description: The number of full-time equivalent positions for criminal case processing that are not judges and are responsible for legal work.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Law clerks
INCLUDE	Staff attorneys
INCLUDE	Paralegals
EXCLUDE	Judges

4.3.3 Security Staff

Breakdown description: The number of full-time equivalent positions for criminal case processing that are responsible for the safety of the court and people within the court system’s facilities.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Bailiffs
INCLUDE	Court police officers

4.3.4 Support or Administrative Staff

Breakdown description: The number of full-time equivalent positions for criminal case processing that assist in the organization, logistics, and management of the court system.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Clerks
INCLUDE	Data and analytics staff
INCLUDE	Information technology staff
INCLUDE	Budgetary staff
INCLUDE	Human resources staff
INCLUDE	Court reporters or recorders

4.3.5 Victim Advocate Staff

Breakdown description: The number of full-time equivalent positions for criminal case processing that provide victim support services.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Victim advocate staff in legal roles
INCLUDE	Victim advocate staff in non-legal roles (e.g., witness support services, victim advocacy case managers, etc.)
EXCLUDE	Staff trained in victim advocacy support who do not perform these roles full-time

4.3.6 Other Staff

Breakdown description: The number of full-time equivalent positions for criminal case filings that are not judges, legal staff, security staff, support or administrative staff, or victim advocate staff.

If criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

4.3.7 Unknown Staff

Breakdown description: The number of full-time equivalent positions to process criminal cases that are of an unknown type.

If criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

4.3.8 Vacant Positions (Any Staff Type)

Breakdown description: The number of full-time equivalent positions for criminal case processing of any type that are budgeted but not currently filled.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Vacant judge positions
INCLUDE	Vacant non-judicial legal staff positions
INCLUDE	Vacant security staff positions
INCLUDE	Vacant support or administrative staff positions
INCLUDE	Vacant victim advocate staff positions
INCLUDE	Vacant staff positions of unknown type
EXCLUDE	Filled positions

Note regarding staff vacancy

Vacancy by staff type is an issue that all subcommittees have raised as critical to consider for inclusion in the Tier 2 metrics and has been included on initial voting slates for consideration. Tier 2 metrics are scheduled to be released in May 2023.

4.4 Pretrial Releases

Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month

Metric description: The number of people released while awaiting disposition in a criminal case.

If the same person is listed as the defendant in multiple cases, these cases should be counted separately if they were referred and reviewed on different dates. If multiple charges were referred against one person on the same date, with the expectation that they would be reviewed and filed together, these charges should be combined to count as one case. If a single case includes multiple defendants, it should be counted as one case.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	People released on their own recognizance
INCLUDE	People released on monetary bail
INCLUDE	People released on non-monetary bail
INCLUDE	People released with subsequent bail modifications
EXCLUDE	People initially ordered by the court to be held awaiting disposition
EXCLUDE	People transferred to another jurisdiction

4.4.1 On Own Recognizance

Breakdown description: The number of people released without conditions awaiting disposition in a criminal case.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	People released on their own recognizance
INCLUDE	People released on a signature bond (a.k.a. recognizance bond or oath bond)
INCLUDE	People released due to a statutory requirement
EXCLUDE	People released before initial bail hearing
EXCLUDE	People held awaiting disposition
EXCLUDE	People transferred to another jurisdiction

4.4.2 Monetary Bail

Breakdown description: The number of people released on monetary bail while awaiting disposition in a criminal case.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	People released on unsecured bond
INCLUDE	People released on deposit bond
INCLUDE	People released on monetary bail
EXCLUDE	People released before initial bail hearing

4.4.3 Non-Monetary Bail

Breakdown description: The number of people released on non-monetary bail while awaiting disposition in a criminal case.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	People released with any form of pretrial supervision
INCLUDE	People released without any form of pretrial supervision

4.4.4 Other Pretrial Releases

Breakdown description: The number of people released while awaiting disposition in a criminal case by a means other than on their own recognizance, on monetary bail, or on non-monetary bail.

If criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

4.4.5 Unknown Pretrial Releases

Breakdown description: The number of people released while awaiting disposition in a criminal case by unknown means.

If criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

Note regarding pretrial supervision

The breakdowns for each metric are meant to be mutually exclusive. For this reason, the pretrial supervision has not been included as a separate breakdown. However, incorporating it into this metric is consider for inclusion in the Tier 2 metrics. Tier 2 metrics are scheduled to be released in May 2023.

4.5 Criminal Case Filings

Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month

Metric description: The number of criminal cases filed with the court.

If the same person is listed as the defendant in multiple cases, these cases are still counted separately if they were filed on different dates. If multiple charges or counts were filed against one person on the same date, with the expectation that they would be reviewed and filed together, these charges are combined to count as one case. If the charging document contains multiple defendants involved in a single incident, count each defendant as a single case.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	New cases filed by any authorized agency (e.g., prosecuting authority, law enforcement agency, etc.)
INCLUDE	Cases filed for new criminal charges for people on community supervision
INCLUDE	Cases transferred from another jurisdiction for new prosecution
EXCLUDE	Violations of an existing supervision case
EXCLUDE	Revocations of an existing supervision case
EXCLUDE	Inactive cases reopened
EXCLUDE	Cases transferred internally

4.5.1 Felony Criminal Case Filings

Breakdown description: The number of criminal cases filed with the court in which the leading charge was for a felony offense.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE

Cases with a leading felony charge

4.5.2 Misdemeanor or Infraction Criminal Case Filings

Breakdown description: The number of criminal cases filed with the court in which the leading charge was for a misdemeanor offense.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Cases with a leading misdemeanor charge
INCLUDE	Cases with a leading infraction charge

4.5.3 Other Criminal Case Filings

Breakdown description: The number of criminal cases filed with the court in which the leading charge was not for a felony or misdemeanor or infraction offense.

If criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

4.5.4 Unknown Criminal Case Filings

Breakdown description: The number of criminal cases filed with the court in which the leading charge was of unknown severity.

If criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

4.6 Cases Disposed

Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month

Metric description: The number of criminal cases closed with the court.

If the same person is listed as the defendant in multiple cases, these cases should be counted separately if they were disposed on different dates.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Criminal cases diverted from traditional case processing
INCLUDE	Criminal cases dismissed
INCLUDE	Criminal cases resolved by plea
INCLUDE	Criminal cases resolved at trial
EXCLUDE	Cases marked as inactive, but not closed
EXCLUDE	Pending criminal cases

4.6.1 Cases Disposed by Dismissal

Breakdown description: The number of criminal cases dismissed after filing and closed with the court.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Cases with a leading felony charge dismissed
INCLUDE	Cases with a leading misdemeanor charge dismissed

4.6.2 Cases Resolved by Plea

Breakdown description: The number of criminal cases resolved by plea and closed with the court.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Cases with a leading felony charge resoloved by plea
INCLUDE	Cases with a leading misdemeanor charge resoloved by plea

4.6.3 Cases Resolved at Trial

Breakdown description: The number of criminal cases resolved by trial and closed with the court.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Cases with a leading felony charge resolved at trial
INCLUDE	Cases with a leading misdemeanor charge resolved at trial

4.6.4 Other Disposition

Breakdown description: The number of criminal cases disposed closed with the court that were not dismissed, resolved by plea, or resolved at trial but disposed by another means.

If criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

4.6.5 Unknown Disposition

Breakdown description: The number of criminal cases closed with the court for which the disposition method is unknown.

If criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

4.7 Sentences Imposed

Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month

Metric description: The number of cases in which the court imposed a sentence as a result of a criminal conviction.

Sentences imposed are counted by the number of cases disposed, not the number of individual convictions or sanctions attached. The case should be categorized based on the most serious sentence imposed in the case. If a person has multiple charges under the same case, it should be counted as one sentence imposed according to the most serious sentence. If a person has multiple cases disposed, each separate case should be counted in this metric.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Cases resulting in a new sentence imposed (e.g., new conviction, parole revocation, etc.)
INCLUDE	Cases involving the imposition of some or all of the incarceration portion of a suspended sentence
INCLUDE	Cases in which the sentence is changed by the court but the conviction remains in place
INCLUDE	Cases in which the sentence imposed is for time served
EXCLUDE	Cases transferred to another jurisdiction
EXCLUDE	Cases involving a person reinstated to an existing community supervision sentence
EXCLUDE	Cases involving a person changing parole status (e.g., returning to prison from parole or re-paroled to the community)

Note for sentences imposed

When possible, sentences should only be counted under one category. If a disposition includes a sentence to prison and a sentence to probation, it should not be counted once under each of those categories, rather, it should be counted once under “split sentences.”

4.7.1 Prison Sentences

Breakdown description: The number of cases disposed with a criminal conviction for which the most serious sentence imposed was incarceration in state prison.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Cases resulting in a sentence of incarceration in state prison
EXCLUDE	Court-ordered returns to state prison for violations of the conditions of community supervision or revocations
EXCLUDE	Convictions that result in a split sentence of incarceration in state prison followed by a period of community supervision that is not the result of early release to the community while still under correctional control for the duration of a prison term (e.g. parole supervision)

4.7.2 Jail Sentences

Breakdown description: The number of cases resolved with a criminal conviction for which the most serious sentence imposed was incarceration in a county jail.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Convictions that result in a sentence of incarceration in county jail
INCLUDE	Convictions that result in a sentence of incarceration in county jail that concludes on imposition due to time served
EXCLUDE	Court ordered returns to county jail for violations or revocations of the conditions of community supervision
EXCLUDE	Convictions that result in a split sentence of incarceration in county jail followed by a period of community supervision that is not the result of early release to the community while still under correctional control for the duration of a jail term (e.g. parole supervision)

4.7.3 Split Sentences

Breakdown description: The number of cases resolved with a criminal conviction for which the most serious sentence explicitly imposed was a sentence to incarceration followed by community supervision.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Convictions that result in a split sentence of incarceration in state prison and a period of community supervision that is not the result of early release to the community while still under correctional control for the duration of a prison term (e.g. parole supervision)
INCLUDE	Convictions that result in a split sentence of incarceration in county jail and a period of community supervision that is not the result of early release to the community while still under correctional control for the duration of a prison term (e.g. parole supervision)

4.7.4 Suspended Sentences

Breakdown description: The number of cases resolved with a criminal conviction for which the most serious sentence imposed was a term of incarceration, but that term of incarceration is suspended, and the person begins a term of community supervision.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Convictions that result in a suspended sentence of incarceration where the community supervision term is served on probation
INCLUDE	Convictions that result in a suspended sentence of incarceration where the community supervision term is served on a type of community supervision that is not probation
INCLUDE	Convictions that result in the incarceration portion of a suspended sentence being imposed due to violation of the conditions of community supervision

4.7.5 Community Supervision Only Sentences

Breakdown description: The number of cases resolved with a criminal conviction for which the most serious sentence imposed was community supervision.

Cases for which a sentence involves both incarceration and a subsequent term of community supervision should be shared as split sentences unless otherwise described.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Convictions that result in a sentence of probation only
INCLUDE	Convictions that result in a sentence of community corrections only
INCLUDE	Convictions that result in a sentence to community supervision that is not probation or parole
EXCLUDE	Convictions that result in a split sentence
EXCLUDE	Convictions that result in a suspended sentence

4.7.6 Fines or Fees Only Sentences

Breakdown description: The number of cases resolved with a criminal conviction for which the most serious sentence imposed is solely financial obligations to the court.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Convictions that solely result in a fine or fee
INCLUDE	Convictions that solely result in payments of victim restitution
EXCLUDE	Fees only imposed during the course of a case (e.g., drug testing fees)
EXCLUDE	Convictions that result in monetary sanctions in addition to other sanctions
EXCLUDE	Convictions that result in other financial obligations not captured in the listed categories

4.7.7 Other Sentences

Breakdown description: The number of cases resolved by criminal conviction for which the most serious sentence imposed is not prison, jail, split, suspended, community supervision, or solely fines/fees.

If criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

4.7.8 Unknown Sentences

Breakdown description: The number of cases resolved by criminal conviction for which the most serious sentence imposed is unknown.

If criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

4.8 Sentences Imposed by Race and Ethnicity

Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month

Metric description: The number of cases in which the court imposed a sentence as a result of criminal conviction disaggregated by race and ethnicity.

The definition of sentences imposed configured in the Sentences Imposed metric will be applied to this metric.

See Race and Ethnicity for detailed guidance on how to share data disaggregated by race and ethnicity with Justice Counts.

4.9 Sentences Imposed by Biological Sex

Preferred sharing frequency: Monthly
Preferred time period: First day of calendar month to last day of calendar month

Metric description: The number of cases in which the court imposed a sentence as a result of criminal conviction disaggregated by biological sex.

The definition of sentences imposed configured in the Sentences Imposed metric will be applied to this metric.

4.9.1 Male Biological Sex

Breakdown description: The number of cases in which the court imposed a sentence as a result of criminal conviction with a defendant whose biological sex is male.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Male biological sex
EXCLUDE	Unknown biological sex

4.9.2 Female Biological Sex

Breakdown description: The number of cases in which the court imposed a sentence as a result of criminal conviction with a defendant whose biological sex is female.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Female biological sex
EXCLUDE	Unknown biological sex

4.9.3 Unknown Biological Sex

Breakdown description: The number of cases in which the court imposed a sentence as a result of criminal conviction with a defendant whose biological sex is not known.

If criminal court system data cannot be shared discretely for this breakdown, please follow the sharing hierarchy outlined in the data characteristics section.

Note about gender identity metrics

Justice Counts is working to determine the best way to account for gender identity through this initiative. More information is forthcoming in early 2023.

Justice Counts recognizes that there is significant variation across criminal courts for how, when, and by whom those data are collected and recorded. Therefore, in addition to configuring biological sex definitions, criminal courts should also share information regarding the method of data collection for biological sex.

Please indicate the origin of biological sex data for the agency:

Yes/No	Data are collected and recorded by a law enforcement agency and are applied unchanged by the criminal court
Yes/No	Data are collected and recorded by a law enforcement agency and are amended upon receipt the criminal court
Yes/No	Data are collected and recorded by the criminal court at intake
Yes/No	Data are collected and recorded by a criminal justice agency other than a law enforcement agency and are applied unchanged by the criminal court
Yes/No	Data are collected and recorded by a criminal justice agency other than a law enforcement agency and are amended upon receipt by the criminal court

Please indicate the method of data collection for biological sex data for the criminal court:

Yes/No	People entering court self-report their biological sex
Yes/No	Court staff make determinations about biological sex for the people being processed
Yes/No	It is not known how biological sex data is collected

4.10 New Offenses While on Pretrial Release

Preferred sharing frequency: Annually
Preferred time period: First day of calendar year to last day of calendar year

Metric description: The number of new arrests involving a person awaiting criminal trial in the community that are unrelated to their pending disposition.

New offenses while on pretrial release are counted by the number of incidents that result in a new arrest. If a person has multiple charges under the same arrest, it should be counted as one new offense. If a person has three discrete incidents that result in arrests, that should count as three new offenses in this metric. If a person is arrested for a violation of their pretrial release, that is not considered a new offense in this metric.

The Justice Counts preferred definition includes and excludes the following (if criminal court system data cannot be shared discretely for this metric, please follow the sharing hierarchy outlined in the data characteristics section):

INCLUDE	Cases involving people released on their own recognizance
INCLUDE	Cases involving people released on monetary bail
INCLUDE	Cases involving people released on non-monetary bail
INCLUDE	Cases involving people released with subsequent bail modifications
EXCLUDE	Cases involving people initially ordered by the court to be held awaiting disposition
EXCLUDE	Cases involving people transferred to another jurisdiction