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Imagine facing jail simply because you cannot afford bail. In California, that is a reality for too many. Many people around the state are jailed simply because they lack the funds to pay bail. Our current bail system creates a huge divide between the wealthy and those who live paycheck to paycheck.
The money bail system aims to ensure defendants appear in court, but it frequently results in wealthier individuals being released while those with fewer resources remain incarcerated. Additionally, the bail that is supposed to ensure that a defendant shows up for their court hearing can trap low-income individuals in debt. These financial penalties disrupt jobs and family ties, contributing to re-offending cycles and compromising public safety.
This blog will discuss California’s bail system, the latest reforms, and their impact on people’s lives.
An Overview of the California Bail System
When arrested, a person may have the option to post bail, which allows them to be released from custody while they wait for their court dates.
California has bail schedules that link specific criminal charges to corresponding bail amounts to simplify the bail process. Each county in California has its bail schedule and a list of recommended bail amounts for particular offenses. Still, judges retain discretion to adjust these amounts based on the individual circumstances of each case. When creating these schedules, judges must consider the offense’s severity. They can also consider factors that may aggravate the situation, such as gang involvement.
For example, when a defendant is charged with felony assault with a firearm, the bail process begins after the arrest when they are booked into the county jail. The court then refers to the bail schedule to determine the appropriate bail amount for the defendant.
The defendant has three choices:
- The defendant can pay the total bail amount set by the bail schedule.
- The defendant can work with a bail bonds company.
- They can choose to stay in jail until their first court appearance.
If the defendant opts for the first choice, they must pay the full bail amount to the court.
For instance, a defendant facing a looting charge must pay $50,000 in Los Angeles County and $10,000 in San Francisco County, promising to attend the next court hearing. Additionally, certain factors can raise the bail amount; for example, gang affiliation in Los Angeles County adds $40,000 to the original bail. If the defendant attends all court dates, the bail payment is refunded, regardless of the case’s outcome. Those who cannot afford the full bail can work with a bail bonds company, which acts as a guarantor for their court appearances. Defendants will pay a fee to the bail bondsman, typically around ten percent of the bail amount.
This fee is not refundable, no matter the outcome of the case. Even if the charges against the defendant are dismissed, they must still pay the ten percent fee to the bail bonds service. If the defendant cannot afford either option, they will stay in jail. The defendant is also expected to have their first court appearance within 48 hours of arrest. However, these 48 hours do not count weekends or holidays.
For example, if a defendant is arrested on Thursday before a holiday weekend, they could be in custody for up to six days before arraignment. While waiting for trial in jail, defendants cannot fulfill their responsibilities, such as working, attending school, paying rent, or caring for family members.
The Justification for Bail Reforms
Money bail has been heavily criticized for many years. The system disproportionately affects those in poverty, creating a two-tiered system where the ability to pay, rather than public safety, decides who remains in jail and who is released.
Those unable to pay their bail face a tough decision: stay in jail, sometimes for months or even years, until their trial, or turn to a bail bonds company. Remaining incarcerated can significantly disrupt a person’s life, resulting in job loss, family issues, and increased pressure to accept plea deals, regardless of guilt.
The high rate of suicides in pretrial detention highlights the mental health impact of this situation. Bail bond companies pay the bail amount upfront in exchange for a fee, usually 10 percent of the total bail, along with a repayment plan.
Racial disparities in the bail system further complicate matters. Black and Latino defendants often face higher bail amounts than white defendants for similar offenses. Systemic inequalities make it even more challenging for people of color to afford bail, leading to disproportionately high rates of pretrial detention in these communities.
Bail reform aims to address these challenges and find fairer pretrial release and detention methods. Some areas have limited-money bail to ensure that only individuals who pose a flight risk or a danger to the community are kept in custody. The long-term goal of these reforms is to decrease unnecessary imprisonment and reduce racial and economic inequalities.
The 2018 California Bail Reform
In 2018, the push to reform California’s bail system gained momentum when state legislators approved Senate Bill 10 (SB 10). Cash bail would no longer dictate pretrial release under the California Money Bail Reform Act or SB 10. Instead, judges would make release decisions based on assessing the arrestee’s potential threat to public safety and their likelihood of appearing for trial. Suspects would be evaluated through risk assessments that place them into low-, medium-, or high-risk categories. Individuals with a low risk of skipping court or endangering public safety would be released from jail.
Those classified as high risk would remain incarcerated but could petition a judge for their release. Depending on the local court’s rules, medium-risk suspects could either be released or held.
The policy created pretrial assessment services in each court to help with these decisions. These services offer judges recommendations for release based on predictive algorithms. Although judges consider these recommendations, they are not bound by them and have the final say in release orders.
SB 10 did not succeed in a 2020 referendum. However, in 2021, a California Supreme Court ruled that judges cannot impose bail amounts that exceed what a defendant can pay unless the defendant is considered a community threat or at risk of not attending court.
What Effect Has the California Bail Reform Had?
Bail reform has influenced the jail population in California. After implementing the new law, judges released defendants on their own recognizance, relying on their promise to appear in court.
This new approach has faced backlash from bail bond companies, lawmakers, and other groups. Critics claim that the reform is merely a trend, that California cannot sustain it financially, and that it could affect defendants. Some effects of bail reform are concerning, such as the potential increase in insecurity among released defendants. The lack of financial consequences for criminal behavior could cause significant issues in the community.
Additionally, there are financial implications. The expense of monitoring released defendants is substantial, and many states, including California, may struggle to manage these costs. Instead of defendants paying for their monitoring privately, taxpayers end up covering the costs.
Is Bail Reform Influencing Crime Rates?
A thorough study by researchers at the Brennan Center for Justice found no indication that bail reform impacts crime rates. The research examined monthly crime statistics from 33 cities between 2015 and 2021, comparing 22 cities that adopted bail reforms with 11 that did not. The focus was on various crimes, including murder, aggravated assault, robbery, motor vehicle theft, burglary, and larceny, to see if there were any changes in these offenses after the reforms were implemented.
The researchers conducted multiple analyses to explore possible links between bail reform and crime. They looked into whether bail reform had an overall effect on crime rates. If bail reform led to higher crime rates, as some critics suggest, there was an expected increase in crime in cities that enacted these reforms compared to those that did not.
However, the data showed no such trend. Instead, crime rates remained consistent in both groups of cities throughout the study period. Notably, crime rates dropped for both groups in 2020, at the start of the COVID-19 pandemic, primarily due to a decline in larceny. They then increased in the following years, with no significant differences between the two groups.
Although this comparison provides valuable information, it may overlook differences among the city groups. To address this, researchers at the Brennan Center for Justice conducted a more detailed analysis of the data, focusing on changes in crime rates during the year after cities implemented bail reforms.
They matched cities that enacted reforms with those that did not, ensuring both had similar crime trends in the six months before the reforms. Additionally, they considered factors such as the timing of the reforms, socioeconomic conditions, political leanings, and pandemic-related restrictions. Their findings indicated that crime trends in the reform cities did not significantly differ from those in the matched non-reform cities in the year following the reforms. This conclusion was still the same when researching larceny and minor offenses like shoplifting. The data indicated that bail reform did not affect any of these crime categories in the year after the changes were made.
The study examined cities that implemented significant bail reforms, such as Buffalo, New York, and Chicago, and found no notable changes in crime rates within the year following these policy adjustments compared to cities without such reforms. The study’s overall conclusion is straightforward: there is no evidence that bail reform impacts crime rates. This challenges the politically motivated assertions that bail reform has led to recent increases in crime.
The findings are credible, as researchers performed multiple additional analyses to confirm their results. They considered possible delays in implementing reforms, the effects of the pandemic, and any irregularities in the data that might have influenced their conclusions. Even after addressing these variables, the data consistently indicated that changes in bail laws did not significantly impact crime rates.
California Bail Reform Effects on Bail Bonds
California’s bail reform has several implications for individuals seeking bail bonds. Primarily, it lessens their dependence on bond agencies. Judges now have the option to utilize alternative pretrial release methods, such as releasing defendants on their “own recognizance” after assessing their risk. As a result, many individuals facing felony or misdemeanor charges are no longer required to pay bail or seek bail bonds; they simply await release from judges under specific conditions.
These alternative non-financial conditions aim to replace traditional cash incentives for complying with bail release terms. For instance, supervised release programs that provide defendants with support services like job training, substance abuse counseling, and mental health assistance are becoming more common. Additionally, electronic monitoring has increased, with GPS devices tracking defendants to ensure they follow their release conditions.
Also, many bondsmen have had to completely reevaluate their business approaches since these changes in bail laws have altered the demand for their services.
As fewer individuals require bail bonds due to other release options, bondsmen’s livelihoods, which were once focused on providing financial guarantees for pretrial release, are experiencing significant disruptions.
Find a Professional Bail Bonds Company Near Me
Bail was initially designed to ensure that the accused would return for their hearings and trial, and it typically functions as a financial security. The right to bail is established in the California Constitution. It ensures that all defendants can post bail, except for those charged with serious crimes like capital offenses and violent or sexual felonies.
However, the money bail system has transformed into one that reinforces incarceration based on financial status. The pretrial detention resulting from unaffordable bail is the leading cause of convictions and significantly contributes to the rising populations in our jails and prisons.
If you or your loved one has been arrested and cannot raise your bail money, you can contact us at King Stahlman Bail Bonds. We offer 24/7 assistance to our clients because we know the stress of having a loved one arrested in California. Our bail bondsmen are committed to responding to your inquiries quickly. If you need to arrange bail for someone in California, please contact us today at 619-232-7127.
