Time is ripe for counties to turn to pretrial release
One thing that California’s prolonged budgetary crisis has made clear is that this state can’t afford its current incarceration system. Over the next few years, both state and local jurisdictions will have to rethink their inmate policies, which is for the best — as long as they make wise choices.
One area that’s ripe for change is pretrial detention. Seventy-one percent of all beds in California’s county jails are occupied by unconvicted people who are awaiting trial — a full 10 percent higher than the national average. Strapped for cash and newly burdened by Gov. Jerry Brown’s year-old realignment plan, more and more counties are considering programs that release qualified detainees from jail without having to post bail.
Proponents of pretrial release programs point out that the bail system is unfair to indigent defendants and doesn’t accurately reflect a suspect’s risk factors. Opponents point to the emotional factor. It’s neither fair nor easy for crime victims or their families to see a detainee walk free with no guarantee that they’ll be back for a criminal prosecution. Both arguments have merit, but the state can’t allow emotions to dictate its justice policy. What’s critical is for counties that are new to pretrial release programs to learn both from the successes and the mistakes of counties that have been using them for decades. There are safe, smart and efficient ways to do pretrial release — and that’s what California must insist upon.
The first challenge of these programs is successfully determining a defendant’s risk profile. While independent research has shown that certain factors — criminal history, prior failure to appear at court, transportation troubles and alcohol abuse — clearly relate to risk, each jurisdiction has to develop its own risk analysis. Garry Herceg, the director of Santa Clara County’s Office of Pretrial Services, says that his office interviews every defendant and has a judge make the final conclusion about no-bail release. “That way there’s another level of monitoring,” Herceg said. Most releases, he adds, are for “theft cases, drug cases, or driving under the influence cases.” His office’s numbers are impressive: about 87 percent of defendants attend their court dates, re-offense rates during release are only 3 percent, and the program saves the county $32 million per year.
San Francisco County’s program provides a state model for a different pretrial release success metric: supportive services. In a recent report on best practices in pretrial detention, the good-government group California Forward singled out three of San Francisco’s pretrial programs for their “innovative approach” in matching defendants with supportive services, like anger management classes, when judges determined that defendants needed additional structure along with their no-bail release. “In some cases, we actually pick them up from jail, take them to the office, and enroll them immediately,” said project Director Will Leong. His office also prods defendants with continual reminders about classes and court dates. “Immediacy works,” he said.
Both Herceg and Leong have been traveling the state in recent months, giving speeches and offering advice to other officials who’ve expressed interest in their programs. Interested officials should prepare themselves for pushback. “Our field is moving into evidence-based practices, using scientifically proven risk assessments,” Herceg said. “And sometimes that makes people uncomfortable.” For example, he said, “in very, very, very rare cases,” the county releases a murder suspect who meets all the risk assessment criteria without bail. It may make sense in theory, but it seems unlikely that the public will accept such practices on a widespread basis. Smart, sensible pretrial release programs can save counties money. But they must proceed with caution if they’re going to find success.