To: Al Muratsuchi (CA-66)
Support Bail Reform (SB-10)
The California Bail Reform Act of 2017 will ensure that people are not held in dangerous, overcrowded jails after an arrest simply because they cannot afford to post bail. The effect of the Act will be to ensure that people return to court as required and that the public is protected while ending the current bail system’s cruel discrimination against low-income Californians and people of color.
Why is this important?
California’s current bail system is punishing families and communities. Most Californians cannot afford to post bail and so must either stay in jail or pay substantial nonrefundable fees to a bail bond company. These fees are not refunded under any circumstances – even if the court finds that a person is innocent or was wrongfully arrested. Over-policing of communities of color results in more arrests, exacting a disproportionate price from these communities. Whole families suffer, as they take on long-term debt to purchase the safety and freedom of a loved one, and women are hit the hardest. According to an Ella Baker Center survey, 83% of family members who take on court-related costs on behalf of loved ones are women.
Successful models for reform can be found in Santa Clara County California as well as other states. In Santa Clara County, the pretrial risk assessment tool has saved $33 million in six months by keeping 1,400 defendants out of jail. Pretrial release costs the county just $15-$25/day compared with $204/day for incarceration. In addition to the cost savings, 95% of defendants appear for their court dates, while 99% are not rearrested while released to the community. This is clearly a more equitable and safer option for our community with the additional benefit of long-term financial savings on incarceration. Money saved could potentially be used for education in our communities.
Under the California Bail Reform Act, judges will have access to more information than they do now about people coming before them so they can determine, based on the circumstances of the individual case rather than a person’s wealth, who can return home and under what conditions while their case is being resolved. More informed decision-making protects public safety while reducing the number of people kept in jail after arrest.
Successful models for reform can be found in Santa Clara County California as well as other states. In Santa Clara County, the pretrial risk assessment tool has saved $33 million in six months by keeping 1,400 defendants out of jail. Pretrial release costs the county just $15-$25/day compared with $204/day for incarceration. In addition to the cost savings, 95% of defendants appear for their court dates, while 99% are not rearrested while released to the community. This is clearly a more equitable and safer option for our community with the additional benefit of long-term financial savings on incarceration. Money saved could potentially be used for education in our communities.
Under the California Bail Reform Act, judges will have access to more information than they do now about people coming before them so they can determine, based on the circumstances of the individual case rather than a person’s wealth, who can return home and under what conditions while their case is being resolved. More informed decision-making protects public safety while reducing the number of people kept in jail after arrest.