As counties across California are struggling with jail overcrowding and budget overruns as a result of Public Safety Realignment, some are still spending millions of tax dollars on less-than-effective PreTrial Service programs that release defendants on their “own recognizance” (OR), based simply on a promise that the defendant will return to court to stand trial.
In fact, one criminal justice expert hired by the Supreme Court recently called PreTrial Programs “a house of cards built on … misconceptions.”
“The fact is, there are a few different ways to release pre-trial defendants, but only one has a proven track record of assuring defendants show up to court, reducing misconduct while awaiting trial, AND saving tax dollars — and that’s surety bail,” said Nina Salarno Ashford, Executive Board Member of Crime Victims United of California. “And I can’t tell you how important it is to victims to have our day in court — without this, there is no justice.”
According to a study by Michael Block, University of Arizona, “a defendant released on OR was about 60% more likely to have failed to appear for a scheduled court appearance as a defendant released on surety bond.”
“At the same time counties are struggling to fund public safety services, some are spending upward of $7 million or more a year [verifying $] to fund government-run PreTrial Services Programs — its irresponsible and dangerous,” said attorney Jerry Watson, past chairman of the American Legislative Exchange Council (ALEC) and a nationally recognized bail expert.
Bail bonds have proven so successful because they give defendants a financial stake in their release — unlike other alternatives, such as “OR” release or GPS monitoring, which require no accountability or financial consequences for the defendant.
For example, in Fresno County earlier this year a career car thief was released early seven times, and each time he failed to appear in court — because he had no financial incentive to do so. Eight days after his last release, police say he murdered a man. He’s now being held on bail.
“It’s all about accountability and consequences,” said Vera Robles-Dewitt, president of the California Bail Agents Association. “For example, when you test-drive a car at a dealership, you leave collateral before you drive it off the lot — to ensure you bring it back. That’s the purpose of bail. To provide a financial commitment that you, the defendant, will return to court to stand trial. And if you don’t, we as private bail agents, make sure that you do — at our own cost, not at taxpayers’ expense. And it works.
“Bail agents around the state have been suggesting the increased use of bail — versus the other less effective and far more costly alternatives of PreTrial Services — to California’s Community Corrections. We hope to work closely with local law enforcement, judges, DAs and others to assist in any way we can to help reduce jail overcrowding in a safe and effective manner — while saving millions in taxpayer dollars.”
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