San Francisco Chronicle

Proposed money bail bill will set back reform effort

- By Jeff Adachi Jeff Adachi is the public defender in San Francisco. He can be contacted at jeff.adachi @sfgov.org.

The state Senate will begin considerin­g a bill on Wednesday with dire implicatio­ns for the morality and effectiven­ess of our criminal justice system.

If enacted, the bill would trample on our constituti­onal rights, set criminal justice reform efforts back decades and destroy countless lives by unnecessar­ily incarcerat­ing thousands upon thousands of people. It would also increase crime and cost the public untold hundreds of millions of dollars.

The proposed legislatio­n, Senate Bill 10, seeks to replace California’s money bail system with a regime under which virtually anyone accused of a crime can be thrown in jail while awaiting trial — even if they are innocent, have been wrongfully arrested, pose no risk of flight and are not a threat to the community.

There is no doubt that our money bail system is broken, creating two separate and unequal systems of justice — one for the wealthy and one for the poor. In recent decades, a much-needed bail reform movement has been gathering steam across the nation. Finally, last year, supporters succeeded in bringing a bail reform bill before the Legislatur­e.

But that original bill has been gutted by special interests that to take power away from the community and concentrat­e it in the hands of probation officers and judges. Although the unjust money bail system must end, the Legislatur­e’s proposed remedy is now far worse than the disease.

By locking the vast majority of people up before trial, SB10 would effectivel­y do away with a bedrock principle of our criminal justice system: that you are innocent until proven guilty.

The legislatio­n would also undermine our constituti­onal right to equality before the law by sorting defendants using crude “risk assessment” tools that are notoriousl­y biased against people of color and the poor. It would then erode due process rights by granting judges overly broad powers to throw these people in jail before trial without input from defense attorneys or the community.

All of this has ruinous consequenc­es for individual­s. Even a few days in jail destabiliz­es lives: It causes people to lose their jobs and housing, wrecks their physical and mental health, exposes them to sexual violence, and even leads them to lose custody of their children. It also exposes undocument­ed people to the brutality of detention and deportatio­n by federal Immigratio­n and Customs Enforcemen­t.

This makes all of us less safe. Proponents of SB10 say it would create a system of “preventive detention,” but the truth is the bill could actually promote crime. One recent study shows that spending just two to three days in jail makes even “low risk” people 39 percent more likely to be rearrested while awaiting trial.

What’s more, all the unjust, unnecessar­y incarcerat­ion created by SB10 will cost the public tremendous amounts of money, diverting tax dollars to courts and probation department­s and away from prowant grams, such as housing, schools and social services, that can improve the lives of people in our communitie­s. Indeed, the draft legislatio­n isn’t just unconstitu­tional; it’s also bad policy.

To be fair, SB10 does call for some positive changes: improved (though still insufficie­nt) data collection, expedited appeals, and

a prohibitio­n on charging defendants fees for court-ordered supervisio­n.

Most important, the legislatio­n would eradicate the predatory for-profit money bail industry — a goal of the reform movement and all those committed to equal justice.

But replacing a wealth-based system of discrimina­tion with a system where virtually everyone is detained pretrial is not the answer. That’s why most of SB10’s original sponsors, including the ACLU, no longer support it.

Nor does the San Francisco Public Defender’s Office, and countless other advocates for criminal justice reform across the state. I hope you’ll join us by calling your elected representa­tives, sharing this on social media, and vocally opposing this disastrous bill.

 ?? Rich Pedroncell­i / Associated Press 2017 ?? State Sen. Robert Hertzberg, D-Van Nuys (left), author of SB10, talks with reality show star Duane “Dog the Bounty Hunter” Chapman after Chapman testified against the bail reform bill in 2017.
Rich Pedroncell­i / Associated Press 2017 State Sen. Robert Hertzberg, D-Van Nuys (left), author of SB10, talks with reality show star Duane “Dog the Bounty Hunter” Chapman after Chapman testified against the bail reform bill in 2017.

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