NO: ENDING CASH BAIL IS EXTREME, UNNECESSARY

In 2018, then-gov. Jerry brown signed Senate Bill 10 into law-eliminating cash bail for arrestees awaiting trial. Almost immediately, a veto referendum was filed to repeal the bill. Implementation of the law was put on hold pending the say of the voters. Proposition 25 seeks to uphold the contested legislation, replacing cash bail with a risk assessment model that puts the decision to release most inmates into the hands of judges.

Although the cash bail systemis not perfect, for decades it has provided an objective method to establish risk based on the severity of the offense. There remain concerns that someone arrested for a minor, nonviolent offense, posing little risk to the community, might be required to remain in custody due to an inability to afford bail. Currently, 70 percent of arrested inmates in San Diego County are released within three days. Minor, nonviolent offenders are not faced with high bail requirements as it is. The existing system addresses individual circumstances by allowing for adjustments based on two factors: risk to the community and flight risk.

In 2019, approximately 54 percent of our county jail population consisted of unsentenced inmates awaiting trial. The facts behind all these arrests are reviewed by a judge within hours of arrest and continued incarceration is either approved or denied. My pre-trial Services unit thoroughly assesses individual risk and makes recommendations for release without bail where appropriate. As a result of these assessments, many inmates are ordered to be released in the community while awaiting trial. In 2019, 99 percent of pretrial defendants on supervised release were not charged with a new offense while awaiting trial, and 94 percent of those defendants made every scheduled court appearance. The current system works well in San

Diego.

Existing judicial reviews and pre-trial assessments also help address concerns about a cash bail system favoring those with financial means. Bail increases can be requested to accommodate for special circumstances and applicable holds can be placed on arrestees precluding them from release despite posting bail. The facts clearly show the current systemin place has proven its effectiveness. Furthermore, inmates can request a bail review, which must be held within five days, where a judge can adjust bail based on the individual circumstances.

There will always be roomto improve, but Proposition 25 is not the answer. Proposition 25 will only make things worse. It forces judges to keep inmates in custody rather than risk them reoffending. The current cash bail system, with the appropriate ability to adjust, works. Proposition 25 will keep low-level offenders in custody without any access to bail and those who are released will have less incentive to showup for court. If Proposition 25 passes, incarcerations and costs will increase. This concerns me because there are only so many jail beds, and I only want those who need to be in those beds in jail.

Eliminating bail is untested, and the results could be disastrous. Senate Bill 10 was designed tomake California the first state to end cash bail for all inmates awaiting trial. We are the most populous state, accounting for approximately 12 percent of our entire nation. Therefore, we have the highest jail population. These are not ideal conditions for such a dangerous experiment. While I recognize and appreciate the desire tomake improvements to the current system, the complete dismantling of a process which has proven effective at reducing crime is extreme and unnecessary.

The existing cash bail system, combined with the systems implemented by my department and our courts, have helped us make San Diego the safest urban county in the nation. These systems protect those who pose little risk to our communities, and those who are a lowrisk of failing to showup for court. The objective bail schedule establishes a basis for keeping people in custody, determined by the severity of the offense. Judicial reviewof each arrest ensures continued custody is proper. Pre-trial Services allows for individual assessment, granting supervised or nonsupervised releases when appropriate while defendants await trial. The bail review hearing lets an inmate make their case for lower bail directly to a judge. All these systems provide a mechanism of checks and balances to protect the rights of the accused and ensure the safety of our communities. Eliminating bail is not only unnecessary, it is dangerous. I urge you to vote no on Proposition 25.

Although the cash bail system is not perfect, for decades it has provided an objective method to establish risk based on the severity of the offense.