A year-long study has brought light to some serious problems within the California bail system. The study recommend that the monetary bail system currently in use is replaced instead with a system of risk-based assessment and supervision. This is due to the fact that the Pretrial Detention Reform Workgroup, created in 2016 by California Chief Justice Tani Cantil-Sakauye, found that the current system is both unfair and unsafe.
Do these findings mean that changes are really on the way? At Law Office of Michael L. Fell, we know firsthand how frustrating the current system can be. Read on to learn what this study says and how it could result in much-needed changes. If you or a loved one has been charged with a crime, reach out to us at (949) 585-9055 to get started with a free legal consultation.
The main issue with the bail system
The report found that the current bail system compromises the safety of the alleged victim and society as a whole. They say that the current bail system relies only on a person’s financial resources and not how likely they are to commit another crime. Essentially, the system bases freedom on how wealthy a person is and essentially ignores whether or not the accused is a flight risk or a risk to the safety of the public.
According to the data from the report, a wealthy person can pay bail to get out of jail after being arrested for something as serious as murder, while a person who is low income could stay in jail for months pending trial on a simple charge of shoplifting that doesn’t show they’re a danger to the public.
How many people does this really affect?
You’ve likely heard that California’s penal system is overbooked. Consider that about 60% of the people in California jails are waiting for a trail or a sentencing because they can’t afford the bail amount set for them. These are people who often haven’t even been convicted of a crime, yet they’re losing their jobs, their homes, and other things because they can’t pay bail.
What does the report suggest?
The report makes several suggestions to phase out the current bail system. It recommends that the state create a risk-based assessment system that determines if a person can be released pending trial or if they should be held in custody.
The report also requests the establishment of pretrial services in every California county, funding and resources to take on the risk-based assessment system, finding ways to integrate victim rights into the system, the application of pretrial procedures for people who violate community supervision.
At Law Office of Michael L. Fell, our top suggestion is that if you or a loved one is arrested for a crime, you contact a criminal defense attorney as soon as possible. We can help you every step of the way, from the first booking through to the end. You are not alone. There is help and all it takes is one call to (949) 585-9055 to get that help.